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REGISTERED NO. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 58] NEW DELHI, THURSDAY, DECEMBER 10, 1970/AGRAHAYANA 19, 1891

Separate paging is given to this Part in order that it may be filed

as a separate compilation.

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 10th December, 1970: —

Bill No. XLI of 1970

A Bill to consolidate and amend the law relating to Criminal Procedure.

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

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Code of Criminal Procedure, 1970

(2) It extends to the whole of India except the State of Jammu and Kashmir, the State of Nagaland and the Tribal Areas in the State of Assam,

Short title extent and com- mence- ment.

(3) It shall come into force in the Union territories on the 1st day of January, 1971, and in a State on such day, not later than the 1st day of July, 1971, as the Government of that State may, by notification appoint.

2. In this Code, unless the context otherwise requires,—

Defi- nitions.

(a) "bailable offence" means an offence which is shown as bail- able in the First Schedule, or which is made bailable by any other

1075 )

law for the time being in force; and "non-bailable offence" meam any other offence;

(b) "charge" includes any head of charge when the charg<

contains more heads than one;

(c) "cognizable offence" means an offence for, and "cogni/,abl< case" means a case in, which a police officer, within or without th< metropolitan areas, may, in accordance with the First Schedule oi under any law for the time being in force, arrest without warrant

(d) "complaint" means the allegation made orally or In writing to a Magistrate, with a view to his taking action under this Code that some person, whether known or unknown, has committed M offence, but it does not include a police report.

Explanation.—A police report in a non-cognizable case invest! gated after conforming to the provisions of sub-section (2) of sectior 157 shall be deemed to be a complaint;

(e) "High Court" means,—

(i) in relation to any State, the High Court for that Stat<

under the Constitution of India;

(li) in relation to a Union territory to which the jurisdic- tion of the High Court for a State has been extended by law that High Court;

(iii) in relation to any other Union territory, the hlghesi court of criminal appeal for that territory other than the Supreme Court of India;

(f) "India" means the territories to which this Code extends;

(g) "Inquiry" means every inquiry (other than a trial) con-

ducted under this Code by a Magistrate or Court;

(h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who Is authorised by a Magistrate in this behali;

(i) "judicial proceeding" includes any proceeding In the course

of which evidence is or may be legally taken on oath;

(j) "local jurisdiction", in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code, and where such local area adjoins the sea, includes the territorial waters;

(k) "non-cognizable offence" means an offence for, and "non- cognizable case" means a case in, which a police officer, within or without a metropolitan area, may not arrest without warrant;

(I) "notification" means a notification published in the Official

Gazette;

1 of 1871- (m) "offence" means any act or omission made punishable by any law for the time being in force and includes any act In respect of which a complaint may be made under section 20 of the Cattle- trespass Act, 1871;

(n) "officer In charge of a police station" includes, when the officer In charge of the police station is absent from the station-hous"

or unable from illness or other cause to perform his duties, the police officer present at the station-house who Is next In rank to such office] and is above the rank of constable or, when the State Governmen so directs, any other police officer so present;

(o) "place" includes a house, building, tent, vehicle and vessel; (p) "pleader", used with reference to any proceeding in anj Court, means a person authorised by or under any law for the time being in force to practise in such Court and includes any other person appointed with the permission of the Court to act in such proceeding,

(q) "police report" means a report forwarded by a police officei to a Magistrate under sub-section (2) of section 170;

(r) "police station" means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;

(s) "prescribed" means prescribed by rules made under this Code; (t) "Public Prosecutor" means any person appointed under section 26, and includes any person acting under the directions of a Public Prosecutor;

(u) "sub-division" means a sub-division of a district;

(v) "summons-case" means a case relating to an offence, and not being a warrant-case;

(w) "warrant-case" means a case relating to an offence punish- able with death, imprisonment for life or imprisonment for a term exceeding two years;

45 of 1860.

(x) words and expressions used herein and not defined but denned in the Indian Penal Code have the meanings respectively assigned to them in that Code.

3. (1) In this Code, unless the context otherwise requires,—

Construc- tion of references to Magis- trates.

(a) any reference, without any qualifying words, to a Magis- trate shall be construed, in the context of the power which may be exercised under this Code, as a reference to an Executive Magistrate, Judicial Magistrate or Metropolitan Magistrate, as the case may be;

(b) any reference to a Magistrate of the second class shall be construed as a reference to a Judicial Magistrate of the second class;

(c) any reference to a Magistrate of the first class shall be cons- trued as a reference to a Judicial Magistrate of the first class, and Includes, in relation to a metropolitan area, a Metropolitan Magis- trate;

(d) any reference to the Chief Judicial Magistrate includes, in relation to a metropolitan area, the Chief Metropolitan Magistrate for that area.

(2) References in any enactment passed before the commencement

r)f this Act,—

(a) to a Magistrate of the first class, shall be construed as refer- ences to a Judicial Magistrate of the first class;

(b) to a Magistrate of the second class or of the third class, shall be construed as references to a Judicial Magistrate of the second class;

(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as references respectively to a Metropolitan Magistrate or Chief Metropolitan Magistrate.

45 of 1860.

4. (2) All offences under the Indian Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

Trial of offences under the Indian Penal Code and other laws.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Saving.

5. Nothing contained in this Code shall; in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Classes of Criminal Courts.

6. Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be in every State the following classes of Criminal Courts, namely: —

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(Hi) Judicial Magistrates of the second class;

(iv) Executive Magistrates;

(u) in addition, in every State having a metropolitan area, Metro-

politan Magistrates.

Territo- rial divi- sions.

7. (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions division shall, for the purposes of this Code, be a district or consist of districts:

Provided that every metropolitan area shall, for the said purposes,

be a separate sessions division, and district.

(2) The State Government may, after consultation with the High

Court, alter the limits or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement, therein, of this Code, shall be deemed to have been formed under this section.

Metropoli- tan areas.

8. {1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code.

(2) As from the commencement of this Code, each of the Presidency- towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area.

(3) The State Government may, by notification, extend, reduce or alter the limits of, a metropolitan area but the reduction'or alteration shall not be so' made as to reduce the population of such area to less than one million.

9. (1) The State Government shall establish a Court of Session for Court of Session.

every sessions division.

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise jurisdiction in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another divi- sion, and in such case he may sit for the disposal of cases at such place or places in other division as the High Court may direct.

(5) Where the offlce of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Ad- ditional or Assistant Sessions Judge, or, if there be no Additional or As- sistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Explanation.—In this section, and in sections 11, 12, 17 and 18, "ap- pointment", with its grammatical variations and cognate expressions, means postings by the High Court after the first appointment of a person by the State Government to the cadre of Sessions Judge, Additional Sessions Judge, Assistant Sessions Judge, Judicial Magistrate or Metro- politan Magistrate, as the case may be.

10. (1) All Assistant Sessions Judges shall be subordinate to the Ses- sions Judge in whose Court they exercise jurisdiction.

Subordi- nation of Assistant Sessions Judges.

(2) The Sessions Judge may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.

(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by "n Additional or Assistant Sessions Judge, or, if there be no Additional

or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Courts of Judicial Magis. trates.

11. (1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and oi the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify.

(2) The presiding officers of such Courts shall be appointed by the

High Court.

12. (1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

Chief Judicial Magistrate and Addi- tional Chief Judicial Magis- trates.

(2) The High Court may appoint any Judicial Magistrate of the first class to be. an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

(3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.

(b) Every Sub-divisional Judicial Magistrate shall have, and exercise, such powers of supervision and control over the work of the Judicial Magistrates of the second class in the sub-division as the High Court may, by general or special order, specify in this behalf.

Special Judicial Magis. trates.

13. (1) The High Court may confer upon any person who holds or has held any judicial post under the Union or a State or possesses such other qualifications as the High Court may, by rules made by it, specify, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases or to cases generally, in any district not being a metropolitan area.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed-for such term as the High Court may, by general or special order, direct.

Local jurisdic- tion of Magis- trates.

14. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respec- tively be invested under this Code.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Benches of Judi- cial Magis- trates.

15. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may direct any two or more Special Judicial Magistrates of the same class to sit together as a Bench for trying cases and every such Bench shall, for the purposes of this Code, be deemed to be a Judicial Magistrate of that class.

(2) Subject to the control of the High Court, the Chief Judicial Mag- istrate may make rules foT the guidance of such Benches as respects—

(a) the classes of cases to be tried;

(b) the times and places of sitting;

(c) the constitution of the Bench for conducting trials;

(d) the mode of settling differences of opinion which may arise

between the Magistrates in session.

16. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among such Magistrates.

17. (2) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Gov- ernment may, after consultation with the High Court, by notification, specify.

Courts of Metro- politan Magis- trates.

(2) The presiding officers of such Courts shall be appointed by the

High Court.

18. (1) The High Court shall appoint a Metropolitan Magistrate to be

the Chief Metropolitan Magistrate i-or the metropolitan area.

(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct.

Chief Metro- politan Magis- trate and Additio- nal Chief Metro- politan Magis- trate.

Special Metro- politan Magis- trates.

19. (1) The High Court may confer upon any person who holds or has held any judicial post under the Union or a State or possesses such other qualifications as the High Court may, by rules made by it, specify, all or any of the powers conferred or conferrable. by or under this Code on a Metropolitan Magistrate in respect to particular cases or to particular classes of cases or to cases generally, in any metropolitan area.

(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term as the High Court may by general order direct.

Benches of Metro, politan Magis- trate*.

20. (1) Subject to the control of the High Court, the Chief Metropoli- tan Magistrate may direct any two or more Special Metropolitan Magis- trates to sit together as a Bench for trying cases and every such Bench shall, for the purposes of this Code, be deemed to be a Metropolitan Magistrate.

(2) Subject to the control of the High Court, the Chief Metropolitan Magistrate may make rules for the guidance of such Benches as respects—

(a) the classes of cases to be tri"d;

(b) the times and places of sitting;

(c) the constitution of the Bench for conducting trials;

(d) the mode of settling differences of opinion which may arise

between the Magistrates in session.

21. (1) All Metropolitan Magistrates, other than the Additional Chief Metropolitan Magistrates, shall be subordinate to the Chief Metropolitan Magistrate.

Subordi- nation of Metro- politan Magis- trates.

(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.

(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribu- tion of business among the Metropolitan Magistrates and as to the allo- cation of business to an Additional Chief Metropolitan Magistrate.

22. (1) In every district outside the Metropolitan areas, the State Gov- ernment may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

Execu- tive Magis- trates.

(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have all or any of the powers of a District Magistrate under this Code or under any other law for the time being in force.

(3) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion re- quires; and the Magistrate so placed in charge of a sub-division shall be called Sub-divisional Magistrate.

(4) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Com- missioner of Police, all or any of the powers of an Executive Magistrate.

23. (1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code.

Local jurisdic- tion of Execu- tive Magis- trates,

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Subordi- nation at Execu- tive Magis- trates.

24. (1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Exe- cutive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Mag- istrate.

(2) The District Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among the Executive Magistrates subordinate to him and as to the allo- cation of business to an Additional District Magistrate.

Justices of the Peace.

25. (!) In virtue of their respective offices, Sessions Judges, Chie Metropolitan Magistrates, Chief Judicial Magistrates and District Magis trates are Justices of the Peace within and for the whole of the State ii which they are serving.

(2) The State Government may, by notification, appoint any persoi resident in the State, being a citizen of India, to be a Justice of the Peaa within and for the local area specified in the notification.

Public Prosecu- tors.

26. (1) For every district the State Government shall appoint a Publii Prosecutor and may also appoint one or more Additional Public Prosecu tors for the district.

(2) The State Government shall not appoint a person as a Public Pro secutor or an Additional Public Prosecutor unless—

(i) such person has been recommended for such appointment bj the District Magistrate of the district for which he is propose d to be so appointed;

(ii) the High Court has been consulted with regard to the appointment of such person.

(3) A person shall only be eligible to be appointed a Public Prosecutoi or an Additional Public Prosecutor under sub-section {1) if he has beer, for not less than seven years an advocate.

(4) The Central Government or the State Government may appoint for the purposes of any case or class of cases, an advocate of not less than ten years' standing as a Special Public Prosecutor.

27. (I) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

Assistant Public Prosecu- tors,

(2) No' police officer shall be eligible to be appointed as Assistant Pub- lic Prosecutor under sub-section (/).

(3) Where no Assistant Public Prosecutor appointed under sub-section (1) is available for the purposes of any particular case, the District Magis- trate may appoint any other person to be the Assistant Public Prosecutor in charge of that case:

Provided that a police officer shall not be so appointed—

(a) if he has taken any part in the investigation Into the offence with respect to which the accused is being prosecuted; or

(b) if he is below the rank of Inspector,

CHAPTER III

POWER OF COURTS AND OFFICES

15 of I860. 28. Subject to the other provisions of this Code,—

Courtts by which offences are triable.

(a) any offence under the Indian Penal Code may be tried by the High Court or by the Court of Session or by any other Court by which such offence is shown in the First Schedule to be triable;

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried bv such Court and when

no Court is so mentioned it may be tried by the High Court or by any Court by which such offence is shown in the First Schedule to be triable.

J urisdlc- tlon in the case of juve- niles.

8 of 1897.

29. Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of fifteen years, may be tried by the Court of a Chief Judicial Magistrate, or by the Court of any Magistrate of the first class specially empowered under sub-section (2) of section 8 of the Reformatory Schools Act, 1897, or under other similar law provid- ing for the custody, trial or punishment of youthful offenders.

30. (1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Sentences which High. Courts end Ses- alons Judges may pass.

(3) An Assistant Sessions Judge may pass any sentence authorised

by law except a sentence of death or of imprisonment for life or of im- prisonment for a term exceeding ten years.

31. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or ut imprisonment for life or of imprisonment for a term exceeding seven years.

Sentences which Magis- trates may pass. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not excc?eding three years, including such solitary confinement as is authorised by law, or of fine not exceeding five thousand rupees, or of both.

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, including such soli- tary confinement as is authorised by law, or of fine not exceeding one thousand rupees, or of both.

32. (1) The Court of a Magistrate may award such term of imprlson-

nent in default of payment of fine as is authorised by law:

Provided that the term—

Sentence of impri- sonment in default of fine.

(a) is not in excess of the powers of the Court of Magistrate

under section 31;

(b) shall not, where imprisonment has been awarded as part oi the substantive sentence, exceed one-fourth of the term of imprison' ment which the Court of the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in defaul¹ of payment of the fine.

(2) The imprisonment awarded under this section may be in additioi to a substantive sentence of imprisonment for the maximum term award able by the Court of the Magistrate under section 31.

45 of I860.

33. (1) When a person is convicted at one trial of two or more offences the Court may, subject to the provisions of section 71 of the Indian Pena Code, sentence him for such offences, to the several punishments pres cribed therefor which such Court is competent to inflict; such punish ments w-hen consisting of imprisonment to commence the one after thi pxpiration of the other in such order as the Court may direct, unless th Court directs that such punishments shall run concurrently.

Sentence in cases of convic- tion of several offence* atone trial.

(2) In the case of consecutive sentences, ii shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence to send the offender for trial before a higher Court:

Provided that—

(a) in no case shall such person be sentenced to imprisonment

for a longer period than fourteen years;

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of consecutive sentences passed against him under this section shall be deemed to be a single sentence,

Mode ol confer- ring power* 34. (1) In conferring powers undVr this Code, the High Court nr the State Government, ns the case mav b^, may, by order, empower persons specially by name or in virtue of their offices or classes of officials gene- rally by their official titles.

(2) Every such order shall take effect from the date on which it is com-

municated to the person so empowered.

Powers ol officers appoint- ed. 35. Whenever any person holding an office in the service of Govern- ment who has Leen invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has other- wise directed, exercise the same powers in the local area in which he is so appointed.

With- drawal of powers.

:}fi. (/) The High Court or the State Government, as the case may be may withdraw all or any of the powers conferred by Jt under this Code or, any person or by any officer subordinate to it.

(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate mav be withdrawn by the respective Magistrate bv whom such powers were conferred.

37, (2) Subject to the other provisions of this Code, the powers anc duties of a Judge or Magistrate may lie exercised or performed by hij successor in office.

(2) When there is any doubt as to who is the successor in office 01

Powers of Judges and Magia- tiates exeicis- able by their suc- cessors la office.

any Additional 01 Assistant Sessions Judge, the Sessions Judge shal determine by order in writing the Judqe who shall, for the purposes oj this Code or of anv proceedings or orde¹- thereunder, be deemed to be the successor in office of such Additional or Assistant Sessions Judge.

(3) When there is any doubt as to who is the successor in office oJ any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor in office of such Magistrate.

Powers of Justices of the Peace.

38. (1) A Justice of the Peace shall have, within the area for whici he is such Justice, such power of arrest as is conferred on a police offlcei by section 44.

{'d) A Justice of the Peace making an arrest in exercise of any sucl power shall forthwith take or cause to be taken the person so arrestec btilore the officer in charge of the nrarest police station and furnish suet otticer with a report as to the circumstances of the arrest.

(3) A Justice of the Peace shall have, within such area, power to cal

upon any police officer to aid him—

(a) in taking or preventing the escape of any person who ha; participated in the commission of any cognizable offence or againsi whom a reasonable complaint has been made or credible informatior has -been received or a reasonable suspicion exists of his having sc participated;

(h) in the prevention of crime in general and, in par icular in the prevention of a breach of the peace or a disturbance of the public tranquillity.

(4) "Where a police officer has been called upon by a Justice of the

Peace to render aid under sub-section (?), such call shall be deemed to have been made by an authority competent to make the call.

(5) Subject to such rules as may be made by the State Government, a Justice of the Peace for local ar^a may, when so requested in writing by a police officer investigating an offence committed within that area, record any statement made by a person in respect of whom an offence affecting the human body is believed to have been committed, being a statement relating to the circumstances of the offence or of the transac- tion which resulted in the offence and every such statement shall be re- corded in the manner hereinafter prescribed for recording the evidence of a witneis in the trial of a warrant-case.

(6) A Justice of the Peace for any local area, not being a legal prac- titioner, may, in accordance with such rules as may be made by the State Government—

(a) issue a certificate as to the identity of any person residing

'thin such area, or

(b) verify any document brought before him by any such pei-

son, or

(c) attest any such document required by or under any law foi

the time being in force to be attested by a Magistrate,

and until the contrary is proved, any certificate so issued shall be pre- sumed to be correct, any document so verified shall be deemed to be duly verified, and any document so attested shall be deemed to have been duly attested by a Magistrate.

39. Police officers superior in rank to an officer in charge of a police

Powers of superior officers ot police-

station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by sjch officer within the limits of his station.

Justices of th" Peace.

25. (1) In virtue of their respective offices, Sessions Judges, Chie Metropolitan Magistrates, Chief Judicial Magistrates and District Magte trates are Justices of the Peace within and for the whole of the State i: which they are serving.

(2) The State Government may, by notification, appoint any perso resident in the State, being a citizen of India, to be a Justice of the Peac within and for the local area specified in the notification.

Public Prosecu. tors.

26. (1) For every district the State Government shall appoint a Publi Prosecutor and may also appoint one or more Additional Public Prosecu tors for the district.

(2) The State Government shall not appoint a person as a Public Pro secutor or an Additional Public Prosecutor unless—

(2) such person has been recommended for such appointment b; the District Magistrate of the district for which he is proposed to bi so appointed;

(u) the High Court has been consulted with regard to tin appointment of such person.

(3) A person shall only be eligible to be appointed a Public Prosecuto or an Additional Public Prosecutor under sub-section (1) if he has beei for not less than seven years an advocate.

(4) The Central Government or the State Government may appoint for the purposes of any case or class of cases, an advocate of not less thai ten years' standing as a Special Public Prosecutor.

27. (1) The State Government shall appoint in every district one oi more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

Assistant Public Prosecu- tors.

(2) No' police officer shall be eligible to bo appointed as Assistant Pub- lic Prosecutor under sub-section (1).

(3) Where no Assistant Public Prosecutor appointed under sub-sectior (I) is available for the purposes of any particular case, the District Magis trate may appoint any other person to be the Assistant Public Prosecutor in charge of that case:

Provided that a police officer shall not bo rci appointed-—

(a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or

(b) If he is below the rank of Inspector.

CHAPTER III

POWER OF COURTS AND OFFICES

45 of I860. 28. Subject to the other provisions of this Code,—

Courtts by which offences are eriablt.

(a) any offence under the Indian Penal Code may be tried by the High Court or by the Court of Session or by any other Court by which such offence is shown in the First Schedule to be triable;

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law. be tried bv such Court and when

no Court is so mentioned it may be tried by the High Court or by any Court by which such offence is shown in the First Schedule to be triable.

Jurisdic- tion in the case of juve- niles.

8 of 1897.

29. Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of fifteen years, may be tried by the Court of a Chief Judicial Magistrate, or by the Court of any Magistrate of the first class specially empowered under sub-section (2) of section 8 of the Reformatory Schools Act, 1897, or under other similar law provid- ing for the custody, trial or punishment of youthful offenders.

30. (1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Sentences which High Courts nnd Ses- sions Judges may pass.

(3) An Assistant Sessions Judge may pass any sentence authorised

by law except a sentence of death or of imprisonment for life or of Im- prisonment for a term exceeding ten years.

31. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.

Sentences which Magis- trates may pass. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, including such solitary confinement as is authorised by law, or of fine not exceeding five thousand rupees, or of both.

(3) The Court of a Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, including such soli- tary confinement as is authorised by law, or of fine not exceeding one thousand rupees, or of both.

32. (2) The Court of a Magistrate may award such term of imprlson-

nent in default of payment of fine as is authorised by law:

Provided that the term—

Sentence of impri- sonment in default of fine.

(a) is not in excess of the powers of the Court of Magistrate

under section 31;

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprison- ment which the Court of the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term award- able by the Court of the Magistrate under section 31.

45 of 1860.

33. (1) When a person is convicted at one trial of two or more offences the Court may, subject to the provisions of section 71 of the Indian Penal Code, sentence him for such offences, to the several punishments pres- cribed therefor which such Court is competent to inflict; such punish- ments when consisting of imprisonment to commence the one after the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments shall run concurrently.

Sentence in cases of convic- tion of several offence* atone Irinl.

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence to send the offender for trial before a higher Court:

Provided that—

(a) in no case shall such person be sentenced to imprisonment

for a longer period than fourteen years;

(fa) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of consecutive sentences passed against him under this section shall be deemed to be a single sentence.

Mode oi confer- ring power*.

34. (J) In conferring powers under this Code, the High Court or the State Government, as the case may hi?, may, by order, empower persons specially by name or in virtue nf Iheir offices or classes of officials gene- rally by their official titles.

(2) Every such order shall take effect from the date on which it is com-

municated to the person so empowered.

Powers of officers appoint- ed. 35. Whenever any person holding an office in the service of Govern- ment who has been invested by the High Court or the State Government with any powers under this Code throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the ca^e may be, otherwise directs, or has other- wise directed, exercise the same powers in the local area in which he is so appointed.

With. drawal of powers.

3G. (/) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Code OTJ any person or by any officer subordinate to it.

(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

.37. (1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may he exercised or performed by his successor in office.

Powers of Judges and Magis- trates exercis- able by their suc- cessors In office.

(2) When there is any doubt as to who is the successpr in office oi any Additional or Assistant Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor in office of such Additional or Assistant Sessions Judge.

(3) When there is any doubt as to who¹ is the successor in office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, ns the case may be, shall determine by order in writing the Magistrate who shall, for the purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor in office of such Magistrate.

Powers of Justices of the Peace.

38, (1) A Justice of the Peace shall have, within the area fqr which he is such Justice, such power of arrest as is conferred on a police officer by section 44.

(2) A Justice of the Peace making an arrest in exercise of any such power shall forthwith take or cause to be taken the person so arrested belore the officer in charge of the nearest police station and furnish such officer with a report as to the circumstances of the arrest.

(3) A Justice of the Peace shall have, within such area, power to call upon any police officer to aid him—

(a) in taking or preventing the escape of any person who has participated in the commission of any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having so participated;

(b) in the prevention of crime in general and, in paricular in the prevention of a breach n£ the peace or a disturbance of ihe public tranquillity.

(4) Where a police officer ha3 been called upon by a Justice of the Peace to render aid under sub-section (?), such call shall be deemed to have been made by an authority competent to make the call.

(5) Subject to such rules as may be made by the State Government, a Justice of the Peace for local area may, when so requested in writing by a police officer investigating an offence committed within that area, record any statement made by a person in respect of whom an offence affecting the human body is believed to have been committed, being a statement relating to the circumstances of the offence or of the transac- tion which resulted in the offence and every such statement shall be re- corded in the manner hereinafter prescribed for recording the evidence of a witness in the trial of a warrant-case.

(6) A Justice of the Peace for any local area, not being a legai prac- titioner, may, in accordance with such rules as may be made by the State Government—

(a) issue a certificate as to the identity of any person residing

thin such area, or

(b) verify any document brought befoTe him by any such per-

son, or

(c) attest any such document required by or under any law foi

the time being in force to be attested by a Magistrate,

and until the contrary is proved, any certificate so issued shall be pre- sumed to be correct, any document so verified shall be deemed to be duiy verified, and any document so attested shall be deemed to have been duly attested by a Magistrate.

39. Police officers superior in rank to an officer in charge of a police

Powers of superior officers ot police.

station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

CHAPTER IV

AID TO THE MAGISTRATES AND THE POLICE

40. Every person is bound to assist a Magistrate or police officer reason

ably demanding his aid—

(a) m the taking or preventing the escape oi any other persoj

whom such Magistrate or police officer is authorised to arrest; or

Public when to assist Magis- trates and police.

(b) in the privention or suppress.on of a breach of the peace; 0] (c) in the prevention 01 any injury attempted to be committee

to any railway, canal, telegraph or public property.

41. When a warrant 13 directed to a person other than a police officer any other person may aid in the execution of such warrant, if the persoi to whom the warrant is directed be near at hand and acting in the execu tion of the warrant.

Aid to person, other than police officer t executing warrant.

45 of I860.

Public to give inform a tion of certain offences.

42. (1) (a) Every person, aware 01 the commission of, or of the intentioi of any other person 10 commit, any uflence punishable under any of tin following sections 01 the Indian Penal Code, namely, 121, 121A, 122, 123 124, 124A, 125, 126, 130, 143, 144, 145, 147, 148, 161 to 165A (both inclusive), 302, 303, 3U4, 3tt2, 392 to M9 (both inclusive), 402, 431 to 439 (both inclu- sive) , 449, 450 and 456 to 460 (both inclusive) shall, in the absence of rea- sonable excuse, the burden of proving which shall lie upon the person sc aware, forthwith give information to the nearest Magistrate or police offi- cer of such commission or intention.

(b) Every public servant, aware of the commission of, or of the inten- tion of any other person to commit, any offence punishable under sub-sec- tion (2) or sub-section (3) oi section 5 of the Prevention of Corruption Act, 1947, shall, in the absence of a reasonable excuse, the burden of prov- ing which shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention,

(2) For the purposes of this jection, the term "offence" includes any act committed at any place out of India which would constitute an offence if committed in India.

43. (1) Every mtmbei of a village panchayat, other than a judicial panchayat (where such panchayat, by whatever name called, is consti- tuted under any law for the time being in force), every officer employed in the collection of revenue or rent of land on the part of the Govern- ment or the Court of Wards, every village headman, village accountant, village watchman, village police officer, owner or occupier of land, and the agent of any such owner or occupier in charge of the management of that land, shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station whichever is the nearer, any information which he may possess respecting—

Village panches, headmen, account- ants, land- holders and others bound to report certain matters.

(a) the permanent or temporary residence of any notorious re- ceiver or vendor of stolen property in any village within the local limits of the panchayat of which he is a member, or in any village in which he collects revenue or rent, or of which he is a headman, accountant, watchman or police officer, or in which he owns or occupies land, cr is agent;

(b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects to be a thug, robber, escaped convict or proclaimed offender;

(c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under sec- tion 143, 144, 145, 147, or 148 of the Indian Penal Code;

(d) the occurrence in or near such village of any sudden or un- natural death or of any death under suspicious circumstances or the discovery in or near &uch village of any corpse or part of a corpse, in circumstances which lead to a reasonable" suspicion that such a death has occurred or the disappearance from such village of any person in circumstances winch lead to a reasonable suspicion that a non-bail- able offence has been committed in respect of such person;

45 of 1860.

(e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Indian Penal Code, namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A. 489B, 489C and 489D;

(/) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information.

(2) In this section,—

45 of 1860.

(i) "village" includes village-lands; (ii) the expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority in Jammu and Kashmir, Nagaland or the Tribal Areas of Assam in respect of any act which if committed in the territories to which this Code extends, would be punishable under any of the following sections of the Indian Penal Code, namely, 302, 304, 382, 392 to 399 (both inclusive), 402, 435, 436, 450, 457 to 460 (both inclusive) and 499. (3) Subject to rules in this behalf to be made by the State Govern- ment, the District Magistrate or Sub-divisional Magistrate may, from time to time, appoint one or more persons with his or their consent to perform the duties of a village headman under this section whether a village head- man has or has not been appointed for that village under any other law,

CHAPTER V

ARREST OF PERSONS

44. (1) Any police onicer may, without an order from a Magistrate

and without a warrant, arrest any person—

When police may arrest without warrant.

(a) who has been concerned in any cognizable offence, or againsi whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or

(b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement oi house-breaking; or

(c) who has been proclaimed as an offender either under thti

Code or by order of the State Government; or

(d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be sus- pected of having committed an offence with reference to such thing or

(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(/) who is reasonably suspected of being a deserter from the Indian Army, Navy or Air Force; or

(g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be appre- hended or detained in custody in India; or

(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 364; or

(i) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisi- tion specified the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

(2) Any officer in charge of a police station may, in like manner, ^i rest or cause to be arrested any person,—

(a) who, within the limits of such station, is found taking pre- cautions to conceal his presence, under circumstances which afford reason to believe that he is taking such precautions with a view to committing a cognizable offence; or

(b) who, within the limits of such station, has no ostensible means of subsistence, or who cannot give a satisfactory account of himself; or

(c) who, is by repute, an habitual robber, house-breaker or thief, or an habitual receiver of stolen property knowing it to be stolen, or who, by repute, habitually commits extortion or in order to the com- mitting of extortion habitually puts or attempts to put persons in fear of injury,

Arrest on refusal to give name and residence, 45. (1) When any person who in the presence of a police officer has committed or has boen accused of commiting a non-cognizable offence refuses, on demand of such officer, to give his name and re^dence or gives a name or residence which such officer has reason to believe to be false", he may be arrested by such officer in order that his name or resi- dence may be ascertained.

(2) When the true name and residence of such person have been as- certained, he shall be released on his executing a bond, with or,without sureties, to appear before a Magistrate if so required'.

Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties resident in India,

(3) Should the true name and residence of such person not be ascer- tained within twenty-four hours from the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having juris- diction.

Arrest by private person and pro- cedure oi" •uch arreft.

46. (J) Any private person may arrest or cause to be arrested any per- son who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the pro-

visions of section 44, a police officer shall re-arrest him.

(3) If there is reason to believe that he has committed a non-cogniz- able offence, and he refuses on the demand of a police officer to give hia name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 45; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

Arr"st by Magis- trate.

47. (1) When any offence is committed in the presence of a Magis- trate within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provi' plons herein contained as to bail, commit the offender to custody.

(2) Any Magistrate may at any time arrest or direct the arrest, in

his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

Arrest how made,

48. (I) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a per- son who is not accused of an offence punishable with death or with im- prisonment for life.

Search of place tntered by person sought to be arrest-

49. (1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or fs within, any place, any person re- siding in, or being in charge of, such place shall, on demand of such per- son acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an

entrance into such place, to Dreak open any outer or inner door or win- dow of any house or pl*<:e, whether that of the person to¹ be arrested or of any other person, ii after notification of his authority and purpose, und demand of admittance duly made, he cannot otherwise obtain ad- mittance:

Provided that, if any such place is an apartment in the actual occu- pancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartmant and enter it.

(?) Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

50. A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest under this Chapter, pursue such person into any place in India.

Pur"uit of offenders into oth"r jurlsdic- tioni.

51. The person arrested shall not be subjected to more restraint than

is necessary to prevent his escape,

No u"- necasiary reitraUt.

52. (i) Every police officer or other person arresting any person with- out warrant shall communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest-

Person arreited to be In- formed of grouada of arrest und of right to ball.

(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the per- son arrested that he is entitled to be released on bail and that he may arrange for sureties to offer bail on his behalf.

Search of arrested person.

53. (1) Whenever a person is arrested by a police officer under a war- rant which doee not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot fur- nish bail, and

whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail,

the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him.

(2) Whenever it is necessary to cause a female to be searched, the

search shall be made by another female with strict regard to decency.

Power to seize ofTeniivn

weapons.

54. The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he hau about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code to produce the person arrested.

Examina- tion oi person by- medical practi- tioner.

55. (1) When a person is arrested on a charge of committing an off- ence ot such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the offence, it shall be lawful for a registered medical practitioner, act- ing at the request of a police officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direc- tion, to make such an examination of the person arrested as is reason- ably necessary in order to ascertain the facts which may aiford such evidence, and to use such force as is reasonably necessary for that pur- pose.

(2) Whenever the person of a iemale ib to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.

Eocplanation.—In this section, "registered medical practitioner" means a medical practitioner who possesses any recognized medical qualifica- tion as denned in clause (h) of section 2 of the Indian Medical Council Act, 1956, and whose name has been entered in a State Medical Register. 102 of 1958.

56. (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XII requires any officer subordinate to him to arrest without a warrant (otherwise than in his prejnnce) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the subs- tance of the order and, if so required by such person, shall show him the order.

(2) Nothing in sub-section (1) shall affect the power of a police offi-

cer to arrest a person under section 44.

57. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having juris- diction in the case, or before the officer in charge of a police station.

58. No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case Is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 170, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.

Person arrested to be taken before Magis- trate or officer in charge ol polios station. Person arrested not to be detained more than twenty- four hours. Police to report appre- hensions.

59. Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail oi otherwise.

60. No person who has been arrested by a police officer shall be dis- charged except on his own bond, or on bail, or under the special order of a Magistrate.

Discharge- of person appre- hended.

61. (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.

(2) The provisions of section 4& shall apply to arrests under sub-

Power, on escape, to pui'sue and re- take.

section (2) although the person making any suoh arrest is not acting under a warrant and is not a police officer having authority to arrest.

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.—Summons

Form of summons.

62. Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court (01 in the case of a Bench of Magistrates, by any Member of such Bench), or by such other officer as the High Court may, from time to time, bj rule direct, and shall bear the seal of the Court.

how served.

63. (1) Every summons shall be served by a police officer, or subjeci to such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public servant.

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the dupli- cates erf the summons.

(3) Every person on whom a summons is so served shall, if so requir- ed by the serving officer, sign a receipt therefor on the back of the othei duplicate.

Service of summons on cor- porate bodies and so- cieties.

64. Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principal officer of the corpo- ration, or by letter sent by registered post, addressed to the chief office] of the corporation in India, in which case the service shall be deemed tc have been effected when the letter would arrive in ordinary course oJ post.

Eocplanation.—In this section "corporation" means an incorporated company or other body corporate and includes a society registered undei the Societies Registration Act, 1860.

21 of I860.

Service when persons summon- ed cannot be found.

65. Where the person summoned cannot by the exercise of due dili- gence be found, the summons may be served by leaving one of the dup- licates for him with some adult male member of his family residing witl him, and the person with whom the summons is so left shall, if so re- quired by the serving officer, sign a receipt therefor on the back of the other duplicate.

Explanation.—A servant is not a member of the family within the

meaning of this section.

Procedure' when service cannot be effected aa before provided.

66. If service cannot by the exercise of due diligence be effected as Provided in section 63, section 64 or section 65, the serving officer shall affix one of the duplicates of the summons to some conspicuous part oi the house or homestead in which the person summoned ordinarily re- sides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the summons has been duly served or order fresh service In such manner as it considers proper.

Service on servani of Gov- ernment or of Rail- way Com- pany,

67. (1) Where the person summoned is in the active service of the Government or of a Railway Company, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which such person is employed; and such head shall thereupon cause the sum- mons to be served in the manner provided by section 63, and shall return it to the Court under his signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

68. When a Court desires that a summons issued by it shall be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

Service of summons outside local limits.

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

69. (1) When a summons issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has been served, and u duplicate of the summons purporting to be endorsed (in the manner provided by section 63 or section 65) by the person to whom it was deli- vered or tendered or with whom it was left, shall be admissible in evi- dence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the

duplicate of the summons and returned to the Court.

Service of summons on witness by post.

70. (2) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the place where he ordinarily resides or carries on business or per- sonally works for gain.

(2) When an acknowledgment purporting to be signed by the witness or an endorsement purporting to be made by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served.

B.—Warrant of arrest

Form of warrant of arrest and duration.

71. (1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer (or in the case of a Bench of Magistrates, by any member of such Bench) and shall bear the eeal ©f the Court.

(2) Every such warrant shall remain in force until it Is cancelled by

the Court which issued it, or until it is executed.

Power to direct security to be taken.

72. (1) Any Court issuing a warrant for the arrest of any person may in its discretion direct by endorsement on the warrant that, if such per- son executes a bond with sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the officer to whom the warrant is directed shall take such secra- rltv and shall release such person from custody.

(2) The endorsement shall s t a t e-

fa) the number of sureties;

(b) the amount in which they and the person for whose arrest

the warrant is issued, are to be respectively bound;

(c) the time at .which he is to attend before the Court.

(3) Whenever security is taken under this section the officer to whom

the warrant is directed shall forward the bond to the Court.

Warrants to whom directed.

73. 11) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its imme- diate execution is necessary and no police officer is immediately avail- able, direct it to any other person or persons, and such person or persons which he is required by lav/ to produce such person.

(2) When a warrant is directed to more officers or persons than one,

it may be executed by all, or by any one or more of them.

Warrant may be directed to land- holders, etc, 74. (1) The Chief Judicial Mag;ntrate or a Judicial Magistrate of the first class may direct a warrant to any landholder, farmer or manager of land within his local jurisdiction for the arrest of any escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.

(2) Such landholder, farmer or manager shall acknowledge in writ' ing the receipt of the warrant, and shall execute it if the person for whose arrest it was issued, is in, or enters on, his land or farm, or the land under his charge.

(3) When the person against whom such warrant is issued is arrest- ed, he shall be made over with the warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdic- tion In the case, unless security Is taken under section 72.

75. A warrant directed to any police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the officer to whom It is directed or endorsed.

Warrant directed to police officer.

76. The police officer or other person executing a warrant of arrest shall notify the substance thereof to th • person +o be arrested, and, if so required, shall show him the warrant

Notifica- tion of substance of warrant.

77. The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 72 as to security) without unnecessary delay bring the person arrested before the Court before which he is required by law to produce such person.

Person arrested to be brought before Court without delay. 7flL A warrant of arrest may be executed at any place in India.

Where warrant maybe executed.

Warrant forward- ed for executioi outside jurisdic- tion.

79. When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the war- rant to a police officer within its jurisdiction, forward it by post or other- wise to any Magistrate or District Superintendent of Police or Commis- sioner of Police within the local limits of whose jurisdiction it is to be executed; and the Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to be exe- cuted in the manner hereinbefore provided.

80. (1) When a warrant directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either to a Magistrate or to a police officer not below the rank of an officer in charge of a police station, within the local limits whose jurisdiction the warrant is to be executed.

"Warrant directed to police officer for execution outside jurisdic- tion.

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so required, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such execution, the police officer to whom it is directed may execute the same without such endorsement in any place beyond the local jurisdiction of the Court which issued it.

Procedure on arrest of person against whom warrant issued.

81. When a warrant of arrest is executed outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is within thirty kilometres of the place of arrest or is nearer than the Magistrate or District Superintendent of Police or Commis- sioner of Police within the local limits of whose jurisdiction the arrest was made, or unless security is taken under section 72, be taken before such Magistrate or District Superintendent or Commissioner.

82. (I) The Magistrate or District Superintendent of Police or Com- missioner of Police shall, if the person arrested appears to be the Person intended by the Court which issued the warrant, direct his removal in custody to such Court:

Procedure by Magis- trate be- fore whom such person arrested is brought

Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of such Magistrate. District Sup- erintendent or Commissioner, or a direction has been endorsed under section 72 on the warrant and such person is ready and willing to give the security recmired hv such direction, the Maeistrate, District Super- intendent or Commissioner shall take such bail or securirv, as the case mav be, and forward the bond to the Court which issued the warrant.

(2) Nothing in this section shall be deemed to prevent a police officer

from taking security under section 72.

C—Proclamation and attachment

83. (1) If anv Court has reason to believe (whether after takint? evi- dence or nott that any person aeainst whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring

Proclama tion for person •ib'icond- tng.

him to appear at a specified place and at a specified time nut less than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows: —

(i) (a) It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

(fa) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some con- spicuous place of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;

(ii) the Court may also, if it thinks fit, direct a copy of the pro- clamation to be published in a daily newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be con- clusive evidence that the requirements of this section have been com- plied with, and that the proclamation was published on such day.

84. (1) The Court issuing a proclamation under section 83 may at any time order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person.

Attach- ment of property of per- Bon abs- conding.

(2) Such order shall authorise the attachment of any property belong- ing to such person within the district in which it is made; and it shall authorise the attachment of any property belonging to¹ such person with- out such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this section shall be made—

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such pro- perty to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks flt

(4) If the property ordered to be attached is immovable, the attach- ment under this section shall, in the case of land paying revenue to the State Government, be made through the Collector of the district In which the land is situate, and in all other cases—

(a) by taking possession; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the payment of rent o delivery of property to the proclaimed person or to any one on hii behalf; or

(d) by all or any two of such methods, as the Court thinks flt.

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in auch case the proceeds of the sale shall abide " e order of the Court.

5 of 1908.

(C< 'xhe powers, duties and liabilities of a receiver appointed under this section shall be the same as those of a receiver appointed under the Cade of Civil Procedure, 1908.

Claims and ob- j ections to attach- ment.

85. (?) If any claim is preferred to, or objection made to the attach- ment of, any property attached under section 84 within six months from the date of such attachment, by any person other than the proclaimed person, on the ground that the claimant or objector has an interest in such property, and that such interest is not liable to attachment under section 84, the claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may, in the event of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under subjection (i) may be preferred or made in the Court by which the order of attachment is issued, or, if the claim or objection is in respect of property attached under an order endorsed under sub-section (2) of section 84, In the Court of the Chief Judicial Magistrate.

(3) Every such claim or objection shall be inquired into by the Court

in which it is preferred or made:

Provided that, if it Is preferred or made in the Court of a Chief Judi- cial Magistrate, he may make it over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under sub-section (2) may, within a period of one year from the date of such order, institute a suit to establish the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the order shall bef conclusive.

86. (/) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the pro- perty from the attachment.

Release, sale and restora- tion of attached property.

(2) If the proclaimed person does not appear within the time speci- fied in the proclamation, the property under attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 85 has been disposed of under that section, unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court may cause it to be sold when- ever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and brought

before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisiaction oi such Court that he did not abscond or conceal himseli for the purpose of avoiding execution of the warrant, and that he had not such notice oi the proclamation as to enable him to attend withm the time specified therein, such property, or, if the same has been sold, the net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred In consequence of the attachment, be delivered to him.

D.—Other rules regarding processes

87. A Court may, in any case in which it is empowered by this Code to issue a summons for the appearance of any person, issue, after record- ing its reasons in writing, a warrant for his arrest—

Issue of warrant in lieu of, or in addi- tion tOj summons.

(a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is prov- ed to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

Power to take bond for ap- pearanco 88. When any person tor whose appearance or arrest the officer presid- ing in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond, with or without sureties, for his appearance in such Court, or any other Court to which the case may be transferred for trial.

Arrest on breach of bond for appear- ance.

89. When any person who is bound by any bond taken under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him.

90. The provisions contained in this Chapter relating to a summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Code.

Provi-

sions of

this Chap-

ter gene-

rally ap-

plicable to

summons-

es and

warrants

of arrest.

CHAPTER VTI

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

Summons

to pro-

duce

document

or other

thing

91. (1) Whenever any Court OL- any officer in charge of a policy station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court, or officer, such Court may Issue * summons, or sueh officer a written order, to the

person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed—

(a) to affect sections 123 and 124 of the Indian Evidence Act,

1 of 1872. 13 of 1891. 1872, or the Bankers' Books Evidence Act, 1891, or

(b) to apply to a letter, postcard, telegram or other docu- ment or any parcel or thing in the custody of the postal or telegraph authority.

Proce- dure aa to letters and tele- grams.

92. (1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investi- gation, inquiry, trial or other proceeding under this Code, such Magis- trate or Court may require the postal or telegraph authority, as the case may be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, or of any Commissioner of Police or District Superin- tendent of Police, wanted foi any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to be made for and to detain such document, parcel or thing pending the order of a Chief Judicial Magistrate or Court under sub-section (1).

B.—Search-warrants

93. (1) (a) Where any Court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub- section {1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or

(b) where such document or thing is not known to the CourL to be

in the possession of any person, or

(c) where the Court considers that the purposes oH any inquiry, trial or other proceeding under this Code will be served by a general search or inspection,

it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the pro- visions hereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the parti- cular place or part thereof to which only the search or inspection shall extend; and the pprson chaiged with the execution nf t,uch warrant ahull then search or inspect only thr place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing In the custody of the postal or telegraph authority.

94. (/) If a District Magistrate, Sub-divisional Magistrate or Magis- trate of the first class, whether Executive or Judicial, upon in 'ormation and after such inquiry as he thinks necessary, has reason to beieve that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by his warrant authorise any police officer above the rank of a constable—

Search of place suspect- ed to contain stolen property, forged docu- ments, etc.

(a) to enter, with such assistance as may be required, such

place,

{I*) to search the same irj the manner specified in the warrant,

(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies,

(d) to convey such property or article before a Magistrate, or to guard th.j same on the spot until the offender is taken before a Magistrate,"or otherwise to dispose of it in some place o±' safety,

(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this secticu applies.

(2) The objectionable articles to which this section applies are—

(a) counterfeit coin;

l of 1889.

58 of 1962.

(b) pieces of metal made in contravention of the Metal Tokens Act, 1889, or brought into India in contravention of any notification fur the time being in force under section 11 -of the Customs Aot, 1962;

(c) counterfeit stamps;

(d) forged documents;

(e) false seals;

(f) obscene objects referred to in section 292 of the Indian

45 of 1860. Penal Code;

(y) instruments or materials used for the production of any of

the articles mentioned above.

95. (1) Where—

(a) any newspaper, or book, or

(fa) any document,

25 of 1867.

wherever printed, appears to the State Government to contain any seditious nr obscene matter or any matter wln>h promote:-; or in. intended Lo promote feelings of enmity or hatred between different classes of the citizens of India or which is deliberately and maliciously intended to

Power to declare certain publica- tions for- feited and to issua search- warrants for the same.

o u t r a ge I I I L' i E l i s i o ns f e e l i n gs of a ny s u ch c la ;a by i n s u l t i ng ti <"• r e l i g i on

or the religious beliefs of that class, that is to say, any matter the pub- lication of which is punishable under section 124A or section 153A or

45 of I860.

section 292 or section 293 or section 295A of the Indian Penal Code, the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Gov- ernment, and thereupon any police officer may seize the same wherever found in fndia and any Magistrate may by warrant authorise any police officer not below the rank oC sub-inspector to pnter upon and search for the same in any premises where any copy of such issue or any such book or other document may be or may be reasonably suspected to be.

(2) In this section and in section 96,—

(a) "newspaper" and "book" have the same meaning as in the

25 of 1867.

Press and Registration of Books Act, 1867;

(b) "document" includes any painting, drawing or photograph,

or other visible representation.

(3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provi- sions of section 96.

Applica- tion to High Court to set aside order of forfeiture.

96. (1) Any person having any interest in any newspaper, book or other document, in respect of which an order of forfeiture has been made under section 95, may, within two months from the date of such order, apply to the High Court to set aside such order on the ground that the issue of the newspaper, or the book or other document, in respect of which the order was made, did not contain any such matter a^ is refer- red to in sub-section (1) of section 95.

(2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the H.gh Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.

(3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the order of forfeiture was made.

(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the ap- plication has been made, contained any such matter as is referred to in sub-section (i) of section 95, set aside the order of forfeiture.

(5) Where there is a difference of opinion among the Judges form- ing the Special Bench, the decision shall be in accordance with the* opinion of the majority of those Judges.

Search Tor persons wrong- fully confined.

97. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue 9 search-warrant, and tlu> person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circum- .itanoftfi of the case stems proper.

Power to compel restora- tion of abducted females.

98. Upon complaint made on oath of the abduction or unlawful deten- tion of a woman, or a female child under the age of eighteen years, for any unlawful purpose, a District Magistrate, Sub-divisional Magistrate ( r Magistrate of the firrt class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her husband, parent, guardian or othtr person having the lawful charge oi such child, and may compel compliance with .uich order, using such force as may be necessary.

C.—General provisions relating to searches

99. The provisions of sections 41, 71, 73, 75, 78, 79, and 80 shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 9fi or section 97.

Direction, etc., of search- warrants.

100. (-?) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the war- rant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.

Persons in charge of closed place to allow search.

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provid- ed by sub-section (2) of section 49.

(3) Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.

Search to

be made

in presence

of wit-

nes"es.

101. (1) Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more respectable inhabitants of the locality In which the place to be searched is situate to attend and witness the search and may issue an order in writing to them or any of them so to do.

(2) The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.

(3) The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said wit- nesses, shall be delivered to such occupant or person,

(4) When any person is searched under sub-section (3) of section 100, a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.

(5) An) person who, without, reasonable CUUKU, refuses ur neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 187 of the Indian Penal Code.45 of 1860,

Disposal of things found in

search beyond juriadic- Uon.

102. When, in the execution of a search-warrant at any place beyonc the local jurisdiction of the Court which issued the same, any of th< things for which search is made, are found, such things, together wit! the list of the same prepared under the provisions hereinafter contained shall be immediately taken before the Court issuing the warrant, unlas: such place is nearer to the Magistrate having jurisdiction therein thar to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorizing them to bt taken to such Court.

D.—Miscellaneous

103. (2) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found undei circumstances which create suspicion of the commission of any offence,

(2) Such police officer, if subordinate to the officer in charge of a

Power of police officer to seize certain property.

police station, shall forthwith report the seizure to that officer.

104. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search- warrant.

Magis- trate may direct search in his presence.

105. Any Court may, if it thinks fit, impound any document or thing

produced before it under this Code.

Power to impound document, etc., pro- duced.

106. (1) Where a Court in the territories to which this Code extends (hereafter in this section referred to as the said territories) desires that—

Reciprocal arrange- ments regarding processes.

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and pro-

duce a document or other thing, or to produce it, or

(d) a search-warrant,

issued by it shall be served or executed at any place within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court fo be served or exe- cuted; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 69 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories.

(2) Where a Court in the said territories has received for service or

execution—

(a) a summons to an accused person, or

(b) a warrant for the arrest of an accused person, or

(c) a summons to any person requiring him to attend and pro- duce a document or other thing or to produce it, or

(d) a search-warrantj

issued by a Court in any State or area in India outside the said terri- tories, it shall cause the same to be served or executed as if It were a summons or warrant received by it from another Court in the said ter- ritories for service or execution within its local jurisdiction; and where—

(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the pro- cedure prescribed by sections 81 and 82,

(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 102.

CHAPTER VIII

SECURITY FOR KEEPING THE PEACE ANT> FOR GOOD BEHAVIOUR

Security for keeping the peace an convic- tion.

107. (1) When a Court of Session or the Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace ior such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are—

(a) any offence punishable under Chapter VIII of the Indian Penal Code, other than an offence punishable under section 153A or section 154 thereof;

45 of 1860.

(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.

(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by the High Court when exercising its powers of revision.

Security for keeping the peace in other cases.

108. (1) When an Executive Magistrate receives Information that any person is likely to commit a breach of the peace or disturb the pub- lic tranquility or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Execu- tive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction.

109. (i) When a Magistrate of the first class receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,

(1) either orally or in writing or in any other manner, inten- tionally disseminates or attempts to disseminate or abets the dis- semination of,—

Security for good behaviour from persona iisaemi- nating seditious matters.

(a) any matter the publication of which is punishable under

45 ol 1680.

section 124A or section 153A or section 295A of the Indian Penal Code, or

(b) any matter concerning a Judge which amounts to crimi-

45 of 1860.

nal intimidation or defamation under the Indian Penal Code,

(ii) makes, produces, publishes or keeps for sale, imports, ex- ports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code,

45 ol I860.

and the Magistrate is of opinion that there is sufficient ground for pro- ceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, aa the Magistrate thinks fit.

25 of 1867.

(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867, with refer- ence to any matter contained in such publication except by the order or under the authority of the State Government or some officer em- powered by the State Government in this behalf.

110. When a Magistrate of the first class receives information—

(o) that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing an offence, or

Security for good behaviour from vagrants and suspected peraons.

(b) that there is within his local jurisdiction a person who has no ostensible means of subsistence or cannot g^ve a satisfactory account of himself,

the Magistrate may, in the manner hereinafter provided, require euch person to show cause why he should not be ordered to execute a bond; with sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

111. When a Magistrate of the first class receives information thai

there is within his local jurisdiction a person who—

(a) is by habit a robber, house-breaker, thief, or forger, or

Security for good behaviour from habitual offenders.

(b) is by habit a receiver of stolen property knowing the same to have been stolen, or

(c) habitually protects or harbours thieves, or aids in the con- cealment or disposal of stolen property, or

43 011860.

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheat- ing or mischief, or any offence punishable under Chapter XII of tha Indian Penal Code, or under section 489A, section 489B, section 489C or section 489D of that Code, or

(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or

(f) is so desperate and dangerous as to render his being at large without security hazardous to the community,

such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

Order to be made.

112. When a Magistrate acting under section 108, section 109, section 110 or section 111 deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (If any) required.

113. If the person in respect of whom such order is made is present In Court, It shall be' read over to him or, if he so desires, the substance thereof shall be explained to him,

Procedure in respect of person present in Court.

114. If such person is not present In Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he¹ is, to bring him before the Court:

Summons or warrant in case of person not so present.

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the pence, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue 9 warrant for his arrest.

115. Every summons or warrant Issued under section 114 shall be accompanied by a copy of the order made under section 112, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

116. The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace, and may permit him to appear by a pleader.

Inquiry as to truth of infor- mation.

117. (1) When an order under section 112 has been read or explained under section 113 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execu- tion of, a summons or warrant, issued under section 114, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary,

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trials and recording evidence in summons cases.

(3) Pending the completion of the inquiry under sub-section (1) the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 112 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:

Provided that—

(a) no person against whom proceedings are not being taken under section 109, section 110, or section 111 shall be directed to execute a bond for maintaining good behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more oneroua than those specified in the order under section 112.

(4) For the purposes of this section the fact that a person is an habi- tual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

Order to give security.

118. (1) If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature dif- ferent from, or of an amount larger than, or for a period longer than, that specified in the order made under section 112;

(b) the amount of every bond shall be fixed with due regard

to the circumstances of the case and shall not be excessive;

(c) when the person in respect of whom the Inquiry is made i9 a minor, the bond shall be executed only by his sureties.

(2) Every order made under this section shall contain the point or points for determination, the decision thereon and reasons for the decision.

Discharge of person informed against.

119. If, on an inquiry under section 117, it is not proved that It is necessary for keeping the peace or maintaining good behaviour, as the case may foe, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and If such person is in custody only for the purposes of the inquiry, shall release him, or, If such person Is not in custody, shall discharge him.

120. (1) If any person, in respect of whom an order requiring security is made under section 107 or section 118, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the ex- piration df such sentence.

Commen- cement of period for which security ia re- quired.

(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

Contents of bond.

121. The bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be com- mitted, is a breach of the bond.

Power to reject sureties.

122. (1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond:

Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub- section (/), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing:

Provided that, before making an order rejecting any surety who has previously been accepted, thf¹ Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.

Imprison- ment in default of security.

1^3. (1) Ii any person ordered to give security under section 107 or section 118 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.

(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge or, jf such Magistrate is a Metropolitan Magistrate, pending the orders of the High Court; and the proceedings shall be laid, as soon as con- veniently may be, before such Court.

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprison-

ed for failure to give security shall not exceed three years.

(4) If security has been required in the course of the same pro- ceedings from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge or the High Court under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-section (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the Period foT which he was ordered to give security.

(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Addi- tional Sessions Judge or Assistant Sessions Judge and upon such transfer such Additional Sessions Judge or Assistant Sessions Judge may exer- cise the powers of a Sessions Judge under this section in respect of such proceedings.

(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall owait the orders of such Court or Magistrate.

(7) Imprisonment for failure to give security for keeping the peace

shall be simple.

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 109, be simple, and, where the proceedings have been taken under section 110 or section 111, be rigorous or simple as the Court or Magistrate in each case directs.

124. (1) Whenever the District Magistrate is of opinion that any person Imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.

Power to release persons imprison- ed for failing to give security.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the 'District Magistrate may, unless the order has been made by the High Court or the Court of Session, make an order reducing the amount of the security or the number of sureties or the time for which security has been required.

(3) An order under sub-section (/) may direct the discharge of such person either without conditions or upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.

(4) The State Government may prescribe the conditions upon which a conditional discharge may be made.

(5) If any condition upon which any person has been discharg- ed is, in the opinion of the District Magistrate by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer with- out warrant, and shall thereupon be produced before the District Magistrate.

(7) Unless such person then gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been en- titled to release), the District Magistrate may remand such person to prison to undergo such unexpired portion.

(8) A person remanded to¹ prison under sub-section (7) shall, subject to the provisions of section 122, be released at any time on giving secu- rity in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom, such order was made, or to its or his successor.

Power to canoel bond.

125. The District Magistrate may at any time, for sufficient reasons, to be recorded in writing, cancel any bond fox keeping the peace or for good behaviour executed under this Chapter by order of any Court in his district other than the High Court or the Court of Session.

Discharge of sureties 126. (I) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond.

(2) On such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.

127. (1) When a person for whoso appearance a summons or warrant has been issued under the proviso to sub-section (.9) of section 122 or under sub-section (2) of section 126, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond exe-

Security for un- expired period of bond.

cuted by such person and shall order such person to give, for the un- expired portion of the term of such bond, fresh security of the same description as the original security.

(2) Every such order shall, for the purposes of sections 121 to 124

(both inclusive), be deemed to be an order made under section 107 or section 118, as the case may be.

CHAPTER IX

MAINTENANCE OF WIVES AND CHILDREN

Order for mainten- ance of wives an

128. (7) If any person having sufficient means neglects or refuses to maintain his wife or his legitimate or illegitimate child of any age, unable to maintain itself, whether the child be married or unmarried, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, at such monthly rate, not exceeding five hundred rupees, in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate from time to time directs.

(2) Such allowance shall be payable from the date of the order, or,

if so ordered, from the date of the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in thu m inner hereinbefore provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance remaining unpaid alter¹ the execu- tion of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that, if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation,—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an allowance from her hus- band under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that she has been Lawfully divorced by her husband otherwise than by a decree or order of a Court having jurisdiction in the matter, or that they are living separately be mutual consent, the Magistrate shall cancel the order.

129. (/) Proceedings under section 128 may be taken against any Proce- dure.

person in any district—

(a) where he is, or

(b) where he or his wife resides, or

(c) whether he last resided with his wife, or as the case may 'be, with the mother of the illegitimate child.

(2) All evidence in such proceedings shall be taken in the presence of the husband or father, as the case may be, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner, prescribed for summons-cases:

Provided that if the Magistrate is satisfied that he is wilfully avoid- ing service, or wilfully neglects to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order BO made may be set aside for good cause shown on an application made within three months from the date thereof,

(3) The Court in dealing with applications under section 128 shall have power to make such order as to costs as may be just.

Altera- tion in allow- ance.

130. (1) On proof of a change in the circumstances of any person, receiving under section 128 a monthly allowance, or ordered under the same section to pay a monthly allowance to his wife or child, the Magis- trate may make such alteration in the allowance as he thinks fit:

Provided that if he increases the allowance, the monthly rate of five hundred rupees in the whole be not exceeded,

(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.

Enforce- ment of order of mainte. nance.

131. A copy of the order of maintenance shall be given without pay- ment to the person in whose favour it is made, or to his guardian, iff any, or to the person to whom the allowance is to he paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may he, on such Magistrate being satisfied a" to the identity of the parties and the non-payment of the allowance due,

CHAPTER X

MAINTENANCE OP PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

Dispersal of assembly by use of civil force, 132. (7) Any Executive Magistrate or officer in charge of a police station may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to dispense accordingly.

(2) If, upon being so commanded, any such assembly does not dis- perse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive

Magistrate or officer in charge of a police station may proceed to dis- perse such assembly by force, and may require the assistance of any male person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law,

133. (1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.

Use of armed forces to disperse assembly.

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisi- tion in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

Power of certain armed forces officers to dis- perse assembly.

134. When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to dis- perse such assembly] or that they may be punished according to law; but if while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whe- ther he shall or shall not continue such action.

135. (1) No prosecution against any person for any act purporting to be done under section 132, section 133 or section 134 shall be institut- ed in any Criminal Court except—

(a) with the sanction of the Central Government where such

person is an officer or member of the armed forces;

Protection against prosecu- tion for acts done under pre- ceding *ectioni.

(b) with the sanction of the State Government in any other

case.

(2) (a) No Executive Magistrate or police officer acting under any of

the said sections in good faith;

(b) no person doing any act in good faith in compliance with a requi-

si+ion under section 132 or section 133;

(c) no officer of the armed forces acting under section 134 in good

faith;

(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey,

shall be deemed to have thereby committed an offence.

(3) In this section and the preceding sections of this Chapter,—

(a) the expression "armed forces" means the military, naval and air forces, operating as land forces and includes ,any other armed forces of the Union so operating;

(b) "officer", in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer;

(c) "member", in relation to the armed forces, means a person in the armed forces other than an officer.

B.—Public nuisances

136. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or an Executive Magistrate specially empowered in this behalf by the State Government, on receiving the police report or other information and on taking such evidence (if any) as he thinks fit, considers—

Condi- tional order for removal of nuisance.

(a) that any unlawful obstruction or nuisance should be remov- ed from any public place or from any way, river or channel which is or may be lawfully used by the public; or

(b) that the conduct oi any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or mer- chandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or, the disposal of any substance, as likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause Injury to per- sons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,

such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occu- pation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or

excavation, or owning or possessing such animal or tree, within a time to be fixed in the order—

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in. such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof ir such manner as may be directed; or

(in) to prevent or stop the construction ol such building, or tc

alter the disposal of such substance; or

(iv) to remove, repair or support such building, tent or struc

ture, or to remove or support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal ir

the manner provided in the said order;

or, if he objects so' to do, to appear before himself or some other Exe- cutive Magistrate subordinate to him at a time and place to be fixed bj the order, and show cause, in the manner hereinafter provided, why th< order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall b<

called in question in any Civil Court.

Explanation.—A "public place" includes also property belonging t< the State, camping grounds and grounds left unoccupied for sanitary o: recreative purposes,

137. (1) The order shall, if practicable, be served on the person agains whom it is made, in the manner herein provided for service of a sum mons.

Service or notifica- tion of order,

(2) If such order cannot be so served, it shall be notified by proclama tion, published in such manner as the State Government may, by rule direct, and a copy thereof shall be stuck up at such place or places as ma\ be fittest for conveying the information to such person.

138. The person against whom such order is made shall—

(a) perform, within the time and in the manner specified in the

order, the act directed thereby; or

(b) appear in accordance with such order and show cause agains'

Person to whom order is addressed to obey or show cause.

the same.

139. If such person does not perform such act or appear and sho-w

45 of ieeo.

cause, he shall be liable to the penalty prescribed in that behalf in sectior 188 of the Indian Penal Code, and the order shall be made absolute.

Conse- quences of his failing to do so.

Proce- dure where existence of public right is denied.

140. (1) Where an order is made under section 136 for the purpose o: preventing obstruction, nuisance, or danger to the public in the use of anj way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as ft whether he denies the existence of any public right In respect of the way river, channel or place, and if he doos so, the Magistrate shall, before proceeding under section 141, Inquire into the matter.

(2) if m such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings unti the matter oi the existence of such right has been decided by a competes Civil Court; and, if he linds that there is no such evidence, he shall pro> ceed as laid down in section 141.

(3) A person who has, on being questioned by the Magistrate undei nub-section (1), failed to deny the existence of a public right of the nature merem referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceed- ings be permitted to make any such denial.

141. (I) If the person against whom an order under section 136 i; made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

Proce- dure where he appears to show cause.

(2) If the Magistrate is satisfied that the order, either as originalrj made or subject to such modification as he considers necessary, is reason- able and proper, the order shall be made absolute without modificatior or, as the case may be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shaL

be taken in the case.

142. (1) The Magistrate may, for the purposes of an inquiry undei

section 140 or section 141—

(a) direct a local investigation to be made by such person as he

thinks fit; or

(b) summon and examine an expert.

(2) Where the Magistrate directs a local investigation by any persor

Power of Magis- trate to direct local in- vestiga- tion and examina- tion of an expert, under sub-section (1), the Magistrate may—

(a) furnish such person with such written instructions as maj

seem necessary for his guidance;

(b) declare by whom the whole or any part of the necessary

expenses of the local investigation shall be paid.

(3) The report of such person may be read as evidence in the case.

(4) Where the Magistrate summons and examines an expert undei sub-section (1), the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

45 of 1860.

143. (1) When an order has been made absolute under section 139 oi section 141, the Magistrate shall give notice of the same to the persor against whom the order was made, and shall further require him to per- form the act directed by the order within a time to be fixed in the notice and inform him that, in case of disobedience, he will be liable to the pen alty provided by section 188 of the Indian Penal Code.

Proce- dure on order being made absolute and con. sequences of disobe- dience.

(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction and if such other property is without such jurisdiction, the order shall authorise

its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under

this section.

144. (1) If a Magistrate making an order under section 136 considers Injunction pending inquiry.

that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.

(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a

Magistrate under this section.

45 od! I860.

145. A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the Dis- trict Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as denned in the Indian Penal Code, or any special or local law.

Magis- trate may- prohibit repetition or conti- nuance of public nuisance.

C.—Disputes as to immovable property

140. (2) Whenever an Executive Magistrate is satisfied from a police report or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundar- ies thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their res- pective claims as respects the fact of actual possession of the subject of dispute.

Proce- dure where dispute concern- ing land or water is likely to cause breach of peace.

(2) For the purposes of this section, the expression "land or water" includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) The Magistrate shall then, without reference to the merits or the

claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute:

Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the police report or other informa- tiormvas received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub- section (I) shall be final.

(6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be enti- tled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso' to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed.

(b) The order made under this sub-section shall be served and pub- lished in +¹"- manner laid down in subjection (3).

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any ques- tion arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.

(S) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order foT the disposal of such protperty, or the sale-proceeds thereof, as he thinks fit.

(9) The Magistrate may, :f he thinks fit, at any stage of the proceed- ings under this section, on the application of either party, issue a sum- mons to any witness directing him to attend or to produce any document or thing.

(20) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 108.

147. (1) If the Magistrate at any time after making the order under Power to attach sub- ject of dispute and to appoint receiver.

sub-section (1) of section 146 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 146, or if he is unable to satisfy himself £s to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.

5 of 1908.

(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for look- ing after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908:

Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate—

(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him;

(b) make such other incidental or consequential orders as mav be just.

Dispute concern- ing right of use of land or water.

148.(1) Whenever an Executive Magistrate is satisfied from the police report or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating th? grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by pleader on a specified date and time and to put in written statements of their respective claims.

Explanation—The expression "land or water" has the meaning given to it in sub-section (2) of section 146.

(2) The Magistrate shall then persue the statements so put in, hea the parties, receive all such evidence as may be produced by them respec tively, consider the effect of such evidence, take such further evidence, i any, as he thinks necessary and, if possible, decide whether such righ exisi^; and the provisions of section 146 shall, so far as may be, applj in the case of such inquiry.

(3) If it appears to such Magistrate that such rights exist, he may mak< an order prohibiting any interference with the exercise of such right including, in a proper case, an order for the removal of any obstructior in the exercise of any such right:

Provided that no such order shall be made where the right is exercis able at all times of the year, unless such right has been exercised withir three months next before the receipt under sub-section (l) of the polict report or other information leading to the institution of th" inquiry, or where the right is exercisable only at particular seasons or or particular occasions, unless the right has been exercised during the lasi of such seasons or on the last of such occasions before such receipt.

Converti- bility of proceed- ings.

149. When in any proceedings commenced under sub-section (1) oi section 146 the Magistrate finds that the dispute is as regards an alleged right of user of land or wtaer, he may, after recording his reasons, con- tinue with the proceedings as if they had been commenced under sub- section (1) of section 148;

and when in any proceedings commenced under sub-section (i) oi section 148 the Magistrate finds that the dispute should be dealt with under section 146, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 146.

Local inquiry.

150. (7) Whenever a local inquiry is necessary for the purposes of sec- tion 146, section 147 or section 148, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) When any costs have been incurred by any party to a proceeding under section 146, section 147 or section 148, the Magistrate passing a deci- sion may direct by whom such costs shall be paid, whether by such party or by any other party to¹ the proceeding, and whether in whole or in part or proportion and sucn costs may include any expenses incurred in respect of witnesses, and of pleaders' fees, which the Court may consider reason- able.

D.—Urgent cases of nuisance or apprehended danger

Powers to Issue order In urgent cases of nuisance or appre- hended danger.

151. (1) In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empow- ered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 137, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to

prevent, obstruction, annoyance or injury to any person lawfully employ- ed, or danger to human lite, health or safety, or a disturbance oi the public tranquillity, or a riot, or an affray,

(2) An order under this section may, in cases of emergency or in .cases where the circumstances do not admit of the serving in due tune of a notice upon the person against whom the order is directed, be passed ex parte.

(3) An order under this section may be¹ directed to a particular indivi- dual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof:

Provided that, if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification,

(5) Any Magistrate may, either on his own motion or on the applica- tion of any person aggrieved, rescind or alter any order made under this section, by himself or any Magistrate subordinate to him or by his prede- cessor in office.

(6) The State Government may, either on its own motion or on the ap- plication of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it either in person or by pleader and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the rea- eons for so doing.

CHAPTER XI

PREVENTIVE ACTION OP THE POLICE

152. Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cogniz- able offence.

Police to prevent cogni- zable offences.

153. Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom'he is subordinate, and to any other officer whose duty it Is to prevent or take cognizance of the commission of any such offence.

Informa- tion of design to commit such offencei.

Arrest to prevent such offences.

154. A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a war- rant, the person so designing, if it appears to such officer that the com- mission of the offence cannot be otherwise prevented.

Preven- 155. A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, mov- able or immovable, or the removal or injury of any public landmark or buoy or other mark used for navigation.

tion of injury to public property.

Inspec- tion of weights and measures.

'156. (1) Any officer in charge of a police station may, without a warrant, enter any place within the limits of such station for the purpose of inspect- ing or searching for any weights or measures or Instruments for weighing, used or kept therein, whenever he has reason to believe that there are In such place any weights, measures or instruments for weighing which are false.

(2) If he finds in such place any weights, measures or Instruments for weighing which are false, he may seize the same, and shall forthwith give information of such seizure to a Magistrate having Jurisdiction.

CHAPTER XII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

157. (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non- cognizable offence, he shall enter the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.

Informa- tion as to non- cogni- zable casea and investiga- tion of such cases.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest with- out warrant) as an officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one Is cognizable, the case shall be deemed to be a cognizable case, not- withstanding that the other offences are non-cognizable.

Informa- tion in cogniza- able cases.

158. (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given In writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer In such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded tinder sub-section (1) shall

be given forthwith,, free of cost, to the informant.

159. (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to Inquire into or try under the provisions of Chap- ter xni

Police officer¹! powfr to investi- gate cog- nizable cam

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 191 may order such an investigation as above-mentioned.

Proce- dure for investi- gation.

160. (I) If, from information received or otherwise, an officer In charge of a police station has reason to suspect the commission of an offence which he is empowered under section 159 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:

Provided that—

(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.

(2) In each of the cases mentioned in clauses (a) and (b) ot the proviso to sub-section (1), the officer in charge of the police station shall state in his said report his reasons for not fully complying with the re- quirements of that sub-section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.

Report how sub- mitted.

161- (1) Every report sent to a Magistrate under section 160 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.

(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

162- Such Magistrate, on receiving such report, may direct an inves- tigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.

Power to hold invest! ga- lion or prelimi- nary Inquiry.

Police officer's poweT* to require attend- ance of yritnessei.

163. (1) Any police officer making an investigation under this Chap ter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so required:

Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

(2) Subject to any rules made by the State Government, the reason- able expenses of every person, attending under sub-section (1) at any place other than bis residence, shall be paid to him by the police.

Examina- tion of witnesses by polica, 164. (I) Any police officer making an investigation under this Chap, ter, or any police officer not below such rank as the State Governmeni may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed tc be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relat- ing to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made tc him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records, and where the person can read the statement so recorded, obtain his signature thereon after he has read it.

Use In evldenca of state- ments to police.

165. (/) No statement made by any person to a police officer in the course of an investigation under this Chapter, no record thereof, whe- ther in a police diary or otherwise, and no part of such statement or re- cord, shall be used for any purpose, save as hereinafter provided, at anj inquiry or trial in respect of any offence under investigation at the time when such statement was made:

I of 1872.

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as afore- said, any part of his statement, If duly proved, may be used by the accus ed, and with the permission of the Court, by the prosecution, to contra' diet such witness in the manner provided by section 145 of the Indiar Evidence Act, 1872; and when any part of such statement Is so used, anj part thereof may also be used in the re-examinatlon of such witness, bu" Jor the purpose only of explaining any matter referred to in his cross- examination.

(2) Nothing in this section shall be deemed to apply to any state

i of-1872.

ment falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872, or to affect the provisions of section 27 of tha Act.

166. (1) No police officer or other person in authority shall offer oi make, or cause to be offered or made, any such inducement, threat oi promise as is mentioned in section 24 of the Indian Evidence Act, 1872 1 of 1072.

No in- ducement to be offered.

(2) But no police officer or other person shall prevent, by any cau tion or otherwise, any person from making In the course of any investi- gation under this Chapter any statement which he may bo disposed t< make of his own free will:

Provided that nothing in this sub-section s'lall affect the provision* of sub-section (3) of section 167.

Record- ing of confe"- sions and state- ments.

167. (/) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chap- ter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial.

(2) The Magistrate shall, before recording any such confession, ex- plain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

(3) Any such confession shall be recorded in the manner provided in section 288 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect: —

"I have explained to (name) that he is not bound to make a con- fession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my pre- sence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him.

(Signed) A. B.

Magistrate".

(4) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the record- ing of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to ad- minister oath to the person whose statement is so recorded.

(5) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be in- quired into or tried.

Search by police officer.

168. (7) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise ob- tained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.

(2) A police officer proceeding under sub-section (1), shall, if prac- ticable, conduct the search in person.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying tLa place to be search- ed, and so far as possible, the thing for which serrch Is to be made; and such subordinate officer may thereupon search for such thing in such place.

(4) The provisions of this Code as to search-warrants and the gene- ral provisions as to searches contained in section 100 and section 101 shall, so far as may be, apply to a search made under this section.

(5) Copies of any record made under sub-section (1) or sub-section (i) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place search- ed shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.

169. (I) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an Investigation may re- quire an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.

When officer In charge of police station may re- quire another to issue search- warrant.

(2) Such officer, on being so required, shall proceed according to the provisions of section 168, and shall forward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the com- mission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any in- vestigation under this Chapter to search, or cause to be searched, any place in the limits of another police station In accordance with the pro- visions of section 168, as if such place were within the limits of his own station.

(4) Any officer conducting a search under sub-section (3) shall forth- with send notice of the search to the officer in charge of the police station within the limits of which such place Is situate, and shall also send witt such notice a copy of the list (if any) prepared under section 101, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 168.

(5) The owner or occupier of the place searched shall, on application be furnished free of cost with a copy of any record sent to the Magistral under sub-section (4).

Proce- dure when inveffti- gation cannot be completed in twenty- four hours.

170. (i) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investiga- tion, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary herein- after prescribed relating to the case, and shall at the same time forward the accused to such Magistrate-

(2) The Magistrate to whom an accused person Is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, or a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that—

(a) the Magistrate may extend the term beyond the period of

fifteen days if he is satisfied that adequate grounds exist for doing so;

(b) no Magistrate shall authorise detention in any custody under

this section unless the accused Is produced before him;

(c) no Magistrate of the second class, not specially empowered

in this behalf by the High Court, shall authorise detention in the cus- tody of the police.

(3) A Magistrate authorising under this section detention in the cus-

tody of the police shall record his reasons for so doing.

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making It, to the Chief Judicial Magistrate.

171. When any subordinate police officer has made any investigation

under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.

Report of Investiga- tion by subordi- nate police nfflenr.

Release of accus- ed when evidence deficient

172. If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the, accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

Cases to be sent to Magis- trate when evidence is suffi- cient.

173. (1) If, upon an investigation under this Chapter, it appears tc the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him foi trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the circum- stances of the case as he may think nesessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.

(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to. such complainant or persons.

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons¹ who executed it, and shall then send to the Magistrate the original with his report.

Complain- ant and witnesses not to be required to accom- pany police officer and not to be sub- jected to restraint.

Diary of proceed- ings in investiga- tion.

officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of sec- tion 161 or section 145, as the case may be, of the Indian Evidence Act 1872, shall apply.

1 of 1872.

176. (1) Every investigation under this Chapter shall be completed

without unnecessary delay.

Report of police officer on comp- letion of investiga- tion.

(2) (i) As soon as it is completed, the officer in charge of the police station ahall forward to a Magistrate empowered to take cognizance o^ the offence on a police report, a report in the form prescribed by th" State Government, stating—

(a) the names of the parties; (b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the

circumstances of the case;

(d) whether any offence appears to have been committed and, if so

by whom;

(e) whether the accused has been arrested;

(;f) whether he has been released on his bond and, if so, whether

with or without sureties;

(gf) whether he has been forwarded in custody under section 173 (it) The officer shall also communicate, in such manner as may be pres- cribed by the State Government, the action taken by him to the person; if any, by whom the information relating to the commission of the offence was first given.

(3) Where a superior officer of police has been appointed under section 161, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which section 173

applies, the police officer shall forward to the Magistrate along with the

report.—

(a) all documents or relevant extracts thereof on which the prose- cution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 164 of all the persons

whom the prosecution proposes to examine as its witnesses.

(6) If the police officer is of opinion that any part of any such state- ment is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude thai part from the copies to be granted to the accused and stating his reasons for making such request and thereupon the Magistrate may pass such orders as he thinks fit, and if he so directs, a copy of the part so excluded or such portion thereof, as he thinks proper, shall be furnished to the accused.

(7) Nothing in this section shall be deemed to preclude further inves tigation in respect of an offence after a report under sub-section (2) hat been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral oi documentary, he shall forward to the Magistrate a further report oi reports regarding such evidence in the form prescribed; and the provi- sions of sub-sections (2) to (6) shall, as far as may be, apply in relatior to such report or reports as they apply in relation to a report forwardec under sub-section (2).

Police to inquire and report on suicide, etc. 177. (1) When the officer in charge of a police station or some othei police officer specially empowered by the State Government in thai behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by ar accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the Dis- trict or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two oi more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, des- cribing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted,

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith for- warded to the District Magistrate or the Sub-divisional Magistrate.

(3) When there is any doubt regarding the cause of death, or when for any other reason the police otlicer considers it expedient so to do, he shall, subject to euch rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefac- tion on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behaiX. by the State Government or the District Magistrate.

Power to summon person.

178. (1) A police officer proceeding under section 177 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any olner person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than ques- tions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(2) If the facts do not disclose a cognizable offence to which section 173 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.

Inquiry by Magis- trate into cause of death.

179. (1) When any person dies while in the custody of the police, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (I) of section 177, any Magistrate so em- powered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and If he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.

(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter pres- cribed according to the circumstances of the case.

(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already inter- red, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.

Explanation.—In this section, the expression "relative" means parents,

children, brothers, sisters and spouse.

CHAPTER XIII

JURISDICTION OP THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

180. Every offence shall ordinarily be inquired into and tried by a

Jrdinary

Court within whose local jurisdiction it was committed.

place of inquiry and triaL

181. (a) When it is uncertain in which of several local areas an offence

was committed, or

(b) where an offence is committed partly in one local area and partly

in another, or

(c) where an offence is a continuing one, and continues to be commit-

ted in more local areas than one, or

(d) where it consists of several acts done in different local areas,

it may be inquired into or tried, by a Court having, jurisdiction over any of such local areas.

Place of inquiry or trial where scene of offence is uncertain or not in one dis- trict only or where offence is continu- ing or consists of severa] acts.

182. When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the -offence may-be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

Offence triable It district where act is done or where conse- quence ensues-

183. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.

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

Place of trial in case of certain offence* 184. (I) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was com- mitted or the stolen property which is the subject of the offence waa possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.

(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.

(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.

(6) Any offence which includes cheating may, if the deception is practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.

45 of I860,

(7) Any offence punishable under section 494 or section 495 of the Indian Penal Code may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage.

Offence commit- ted on journey or voyage.

185. When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.

186. Where—

Place of trial for offences triable together.

(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 225, section 226 or section 227, or

(b) the offence or offences committed by several persons are such that they may be charged with and tried together by virture of the provisions of section 229,

the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.

187. Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any sessions division:

Power to order cases to be tried in differ- ent ses- sions divi- sions.

Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution of India, or under this Code or any other law.

188. Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—

(a) if the Courts are subordinate to the same High Court, then by

that High Court;

(b) if the Courts are not subordinate to the same High Court, then by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced,

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

and thereupon all other proceedings in respect of that offence shall be discontinued.

Power to issue summons or warrant for offence commit- ted beyond local Jurisdic- tion.

189. (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 180 to 187 (both inclusive), or any other law for the time being in force, be inquired into or tried within such juris- diction but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is bailable, take a bond with or without sureties for his appearance before such Magistrate.

(2) When there are more Magistrates than one having such juris- diction and the Magistrate acting under this section cannot satisfy him- self as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court.

190. (1) When an offence is committed outside India—

(a) by a citizen of India, whether on the high seas or elsewhere;

or

Offence commit- ted outside India.

(b) by a person, not being such citizen, on any ship or aircraft registered in India,

he may be dealt with in respect of such offence as if it had been com- mitted at any place within India at which he may be found:

Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

(2) When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of sub-section (1), the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

CHAPTER XIV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

191. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—

Cogni- zance of offences by Magis- trates.

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a police report of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been com- mitted.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (7) of such offences as ere within his competence to inquire into or try.

Transfer on appli- cation of the accus- ed. 192. When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 191, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

193. (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competeni Magistrate subordinate to him.

Making over of cases to Magis- trates.

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify and thereupon such Magistrate may hold the inquiry or trial.

194. (1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under section 214.

Cogni- zance of offences by Courts of Session.

(2) An Additional Sessions Judge or Assistant Sessions Judge shall try such cases only as the Sessions Judge of the division, by general or special order, may make over to him for trial or as the High Court, by special order, may direct him to try.

195. (1) No Court shall take cognizance—

4S of 1860.

(a) of any offence punishable under sections 172 to 188 (both

inclusive) of the Indian Penal Code, or

(b) of any abetment of, or attempt to commit, such offence, or Prosecu- tion for contempt of lawful authority of public lervants.

(c) of any criminal conspiracy to commit such offence,

except on the complaint in writing of the public servant concerned or of some other public servant to whom he is subordinate.

(2) Where a complaint has been made by a public servant under sub- section (1), any authority to which he is subordinate may order the with- drawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint.

196. (1) No Court shall take cognizance—

(a) of any offence punishable under any of the following sections of the Indian Penal Code, namely sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court, or

(b) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the same Code, when such offence Is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court,

Prosecu- tion for offences againat public justice and offences relating to docu- ments given In evidence,

except on the complaint in writing of that Court, or of some other Court to which that Court is subordinate.

(2) In clauses (a) and (b) of sub-section (7), the term "Court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the purposes of this section.

(3) For the purposes of this section, a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appeal- able decrees or sentences of such iormer Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate:

Provided that—

(a) Where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil dr Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed

(4) The provisions of sub-section (/) shall also apply to any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified therein as they apply to such offence.

It7. No Court shall take cognizance of—

(a) any offence punishable under Chapter VI or under section

153A, section 295A or section 505 of the Indian Penal Code, or

49 of 1860.

Prosecu- tion for offences against the State.

(b) a criminal conspiracy to commit such offence, or

(c) any such abetment, as is described in section 108A of the

Indian Penal Code,

45 of 1860.

except upon complaint made by order of the Central Government or of the State Government

45 of 1860.

Prosecu- tion for certain classes of criminal conspi- racy.

198. No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of the Indian Penal Code, other than a criminal conspiracy to commit a cognizable offence punishable with death, imprisonment for life or rigorous imprisonment for a term oJ two years or upwards, unless the State Government or the District Magis- trate has consented in writing to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the pro-

visions of section 195, section 196 or section 197 apply, no such conseni shall be necessary.

Prelimi- nary in- vestiga- tion in certain casea.

199. The Central Government or the State Government before ordering complaint to be made under section 197, and the State Government oi the District Magistrate before giving consent under section 198, may ordei a preliminary investigation by a police officer not being below the rank o: Inspector, in which case such police officer shall have the powers referrec to in sub-section (3) of section 157.

Prosecu- tion of Judges and public servants.

200. (1) When any person who is or was a Judge or Magistrate or t public servant not removable from his office save by or with the sanctior of the Government is accused of any offence alleged to' have been com mitted by him while acung or purporting to act in the discharge of his official duty, no Court shall take cognizance of gueh offence except witl the previous sanctions-

fa) in the case of a person who is employed or, as the case maj be, was at the time of commission of the alleged offence employed in connectibn with the affairs of the Union, of the Central Govern ment;

(b) in the case of a person who is employed or, as the case IDA; be, was at the tlm© of commission of the alleged offence employed in connection with the affairs

(2) The^ Central Government or the State Government, as the case maj be, may determine the person by whom, the manner in which, and thi

offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.

45 of 1860, 201. (2) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence:

Prosecu- tion for offences against marriage. Provided t h a t-

(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband hi accordance with the provisions of sub-section (4) may make a complaint on his behalf;

45 of 1860, (c) where the person aggrieved by an offence punishable under section 494 of the Indian Penal Code is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister.

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 497 or eection 498 of the said Code:

Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the Court, make a complaint on his behalf.

(3) When in any case falling under clause (a) of the proviso to sub- section (7), the complaint is sought to be made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.

(4) The authorisation referred to in clause (b) of the proviso to sub- section (/), shall be in writing, shall be signed or otherwise attested bj the husband, shall contain a statement to the effect that he has beer informed of the allegations upon which the complaint is to be founded shall be countersigned by his Commanding Officer, and shall be acoom panied by a certificate signed by that Officer to the effect that leave o: absence for the purpose of making a complaint in person cannot for th" vme being be granted to the husband.

(5) Any document purporting to be such an authorisation and com plying with the provisions of sub-section (4), and any document purport Ing to be a certificate trequired by that sub-section shall, unless the con trary is proved, be presumed to be genuine and shall be received ii evidence.

(6) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.

48 of 1880.

202. No Court shall take cognizance of an offence under section 376 of the Indian Penal Code, where such offence consists of sexual Jnter- •course by a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence.

Prosecu- tion for offence ol rrmrital miiibe- haviouh

45 of 1860.

203. No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code except upon a complaint made by some person aggrieved by the offence:

ProsecU- tion for defama- tion.

Provided that where such person is under the age of eighteen years, of is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.

204. (7) Notwithstanding anything contained in this Code, when any 45 of 1860.

Prosecu- tion for defama- tion of high dignita- ries and Minister*.

offence falling under Chapter XXI of the Indian Penal Code Is alleged 1 to have been committed against a person who, at the time of such com- mission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant j employed in connection with the affairs of the Union or of a State in : respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prose- cutor.

(2) Every such complaint shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.

(3) No complaint under sub-section (1) shall be made by the Public Prosecutor except with the previous sanction—

(a) of the State Government, in the case of the Governor of a State or of a Minister of the State Government;

(b) of the Government concerned, in the case of any other public servant employed in connection with the affairs of the Union or of a State;

(c) of the Central Government, in any other case.

(4) No Court of Session shall take cognizance of an offence under auth section (7) unless the complaint is made within six months from the date- on which the offence is alleged to have been committed.

(5) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.

(6) A Court of Session taking cognizance of an offence under sub- section (7) shall try the case as if it had been committed to it by a Magis- trate taking cognizance of the offence upon a complaint:

Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be re- corded, otherwise directs, be examined as a witness for the prosecution.

CHAPTER XV

COMPLAINTS TO MAGISTRATES

Examina- tion of com- plainant.

205. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the cdmplainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

Provided that, when the complaint is made in writing, the Magistrate

need not examine the complainant and the witnesses—

(a) if a public servant acting or purporting to act in the discharge

of his official duties or a Court has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial

to another Magistrate under section 193:

Provided further that if the Magistrate makes over the case to another Magistrate under section 193 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them,

200. If the complaint is made to a Magistrate who is not competent to

take cognizance of the offence, he shall,—

(a) if the complaint is in writing, return it for presentation to

the proper Court with an endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to

Proce- dure by Magis- trate not compe- tent to take cogni zance of

the proper Court.

Post- pone- ment of issue of process.

207, (7) Any Magistrate, on receipt of a complaint of an offence which he is authorised to take cognizance or which has been made over to him under section 193, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made,—

(a) where it appears to the Magistrate that the offence complain-

ed of is triable exclusively by the Court of Session; or

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 205.

(2) In an inquiry under sub-section (1), the Magistrate may, if he

thinks fit, take evidence of witnesses on oath:

Provided that if it appears to the Magistrate that the offence com- plained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Code on an officer in charge of a police station except the power to arrest without warrant.

SEC. i] rfitE GA2&TTE Ctf INDIA fcX-WtAOUDlNAllY 1141

Dismissal of com- plaint.

208. If, after considering the statements on oath (if any) of the com- plainant and of the witnesses and the result of the inquiry or investiga- tion (if any) under section 207, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

I"sue of process.

209. (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—

(a) a summons-case, he shall issue his summons for the attend- ance of the accused, or

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time befote such Magistrate or (if he has no jurisdiction him- self) some other Magistrate having jurisdiction.

(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (7) shall be accompanied by a copy of such complaint.

(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

(5) Nothing In this section shall be deemed to affect the provisions of section 87.

21-0. (1) Whenever a Magistrate issues a summons, he may, If he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

Magis- trate may dispense with-per- aonal attend- ance of. accused.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Special summon* In cases of petty offence.

211. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 268, the Magistrate may issue summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons:

Provided that the amount of the fine specified in such summons shall not exceed one hundred rupees.

4 of 1939.

(2) For the purposes of this section, "petty offence" means any offence punishable only with fine not exceeding one thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1939, or under any other law which provides for convicting the accused person in bis absence on a plea of guilty.

212. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:—

(i) the police report;

(ii) the first information report recorded under section 158;

Supply o( copy of police report and other docu- ments to the scouted.

(Hi) the statements recorded under sub-section (4) of section 167 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub- section (6) of section 176;

(tv) the confessions and statements, if any, recorded under section

167;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (5) of.

section 176:

Provided that the Magistrate may, after perusing any such part of a statement as is referred to in item (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:

Provided further that if the Magistrate is satisfied that any document referred to in item (") above is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court:

Provided also that where the police officer investigating the case finds it convenient to do so, he may furnish to the accused copies of all or any of the documents referred to in items (i) to (v) and in that case, the Magistrate need not furnish copies of the documents so furnished.

213. Where, in a case instituted on a complaint, it appears to the Magis- trate issuing process under section 209 that the offence is triable exclu- sively by the Court of Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:

(i) the statements recorded under section 205 or section 207 of all

persons examined by the Magistrate;

(ii) the confessions and statements, if any, recorded under section 167;

Supply of copies of state- ments and docu- ments to accused In com- plaint case triable by Court of Session.

(iil) any documents produced before the Magistrate on which the prosecution proposes to rely:

Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

214. When in a case instituted on a police report or on a complaint, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—

(a) commit the case to the Court of Session;

Commit- ment of case to Court of Session when offence jj triable exclusive- ly by it.

(b) if the accused is in custody, forward him to that Court, and, if he is not in custody, take bail from him for appearance before that Court;

(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

CHAPTER XVII

THE CHAHGE

A.—Form of charges

215. (/) Every charge under this Code shall state the offence with which Contents of charge.

the accused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said

to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) The charge shall be written either in English or in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subse- quent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Illustrations

45 of 1860.

(a) A is charged with the murder of E. This is equivalent to a statement that A's act fell within the definition of murder given in sections 299 and 300 of the Indian Penal Code; that it did not fall within any of the general exceptions of the same Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.

45 of 1860.

(fa) A is charged, under section 326 of the Indian Penal Code, with voluntarily causing grievous hurt to B by means of an instrument for shootina. Thli is equivalent to a statement that the case was not provided for by section 335 of the Indian Penal Code, and that the general exceptions did not apply to it.

45 of 1860.

(c) A is accused of n.wder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or that he used a false property-mark, without reference to the definitions of those crimes contained in the Indian Panel Code; but the sections under which the offence is punishable must, in each instance, be referred to in the charge.

45 of 1860.

Id) A Is charged, under section 184 of the Indian Penal Code, with inten- tionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

Particu- lars as to time, place and person.

216. (1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reason- ably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence Is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence with- in the meaning of section 225:

Provided that the time included between the first and last of such

dates shall not exceed one year.

217. When the nature of the case is such that the particulars men- tioned in sections 215 and 216 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was commit- ted as will be sufficient for that purpose.

When manner of com- mitting offence must be stated.

Illustrations

(a) A is ar:euEed of the theft of a certain article at a certain time and place The charge need not set out the manner in which the theft was effected.

lb) A is accused at cheating B at a given time and place. The charge mus¹

set out the manner in which A cheated B.

(c) A is accused of giving false evidence at a given time and place. Th< charge must set out that portion of the evidence given by A which is allege* to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of hi public functions at a given time and place. The charge must set out the manne: in which A obstructed B in the discharge of his functions.

(ft) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.

218. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable,

Words in charge taken in sense of law under which offence is punish- able.

Effect of errors.

219. No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

Illustrations

45 of 1860. (a) A 13 charged under section 242 of the Indian Penal Code, with "having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material,

(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge, or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.

(c) A Is charged with "cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and ottered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.

(d) A is charged with the murder of Khoda Baksh on the 21st January, 1882 In fact, the murdered person's name was Haider Baksh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial,

(e) A was charged with murdering Haider Baksh on the 20th January, 1882, and Khorla Baksh (who tried to arrest him for that murder) on the 21st January, 1BU2. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Eaksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may Infer from thig that A was nuaioO, and that the error waa material.

220. (1) Any Court may alter or add to any charge at any time before

judgment is pronounced.

Court may alter charge.

(2) Every such alteration or addition shall be read and explained to

the accused.

Proce- dure after alteration.

221. (1) If the alteration or addition made under section 220 is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.

(2) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

222. If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Stay of proceed- ings if prosecu- tion of offence in altered charge require previous sanction.

223. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—

Recall of witnesses when charge altered.

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;

(b) also to call any further witness whom the Court may think

to be material.

B.—Joinder of charges

224. For every distinct offence of which any person is accused there

shall be a separate charge, and every such charge shall be tried separate- ly, except in the cases mentioned in sections 225, 226, 227 and 229:

Separate charges for distinct offences

Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likelv to be prejudiced thereby, the Magistrate may try together all the charges framed against such person.

Illustration

A Is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried lor tb* Weft and causing grievous hurt.

225. (1) When a person is accused of more offences than one of th<

same kind committed within the space of twelve months from the firs to the last of such offences, whether in respect of the same person 01 not, he may be charged with, and tried at one trial for, any number o¹ them not exceeding three.

Thre" ofEencef of same kind within year may be charg- ed toge- ther.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Cude or of any special or local law:

Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code shall be deemed to be an offence of the same kind as an offence punishable under section 380 oJ the said Code, and that an offence punishable under any section of the Indian Penal Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

226. (1) If, in one series of acts so connected together as to form the Trial for more than one off f nee.

same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.

(2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section 216 or in sub-section (7) of section 225, is ac- cused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence.

(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.

(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.

(5) Nothing contained in this section shall affect section 71 of the 48 of 1860. Indian Penal Code.

Illustrations to sub-section (1)

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable In whose custody B was. A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code. 45 of 1860.

(b) A commits house-breaking by day with intent to commit adultery, and commits, in the house so entered, adultery with B'3 wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Indian Fenal Code.

45 Of 1860.

4a of 1860.

U) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under sections 498 and 497 of the Indian Penal Code. '

4f. of 1860.

Id) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Indian Penal Cade. A may be separately charged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code.

(e; With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful grounds for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of the Indian Penal Code. 45 of 1860.

(f) A, with intent to cause injury to B, falsely accuses him of having com- mitted an oll'ence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and con- victed of, offences under sections 211 and 194 of the Indian Penal Code.

45 of 1860.

(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sections 147, 325 and 152 of the Indian Penal Code.

43 of 1860.

45 of 1860.

(h) A threatens, B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under section 506 of the Indian Penal Code.

The separate charges referred to in Illustrations (a) to (h) respectively may

be tried at the same time.

Illustrations to suh-section (3)

(t) A wrongfully strikes B with a cane. A may be separately charged with,

45 of 1860.

and convicted of, offences under sections 352 and 323 of the Indian Penal Code.

(j) Several stolen saks of corn are made over to A and B, who know they are stolen property, for the purpose of concealing them, A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with, and convicted of, ofEences under sections 4U and 414 of the Indian Penal Code.

45 of 1860.

45 of 1800.

(Jc) A exposes her child with the knowledge that she is thereby likely to cause its death, The child dies in consequence of such exposure. A may be separately churged with, and convicted of, offences under sections 317 and 304 of the Indian Penal Code.

45 of 1860.

Illustration to sub-section (4)

45 of 1HU0.

(m) A commits robbery on B, and in doing so voluntarily causes hurt to l.im. A may be separately charged with, and convicted of, offences under scclinnr 3U3, :39^ and 394 of the Indian Penal Code.

Where it is doubt- ful what offence has been commit- ted.

227. (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed some one of the said offences.

(2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.

Illustrations

(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating.

(6) In the; case mentioned, A is only charged with theft. It appears that lie

committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stoler. goods (as the case may be), though he was not charged with such offence.

(c) A states on oath before the Magistrate that he saw B hit C with a club .Before the Sessions Court A states on oath that B never hit C. A may be chargec in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false.

228. (1) When a person is charged with an offence consisting of severa: particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining parti culars are not proved, he may be convicted of the minor offence, th'ougl he was not charged with it.

When offence proved included in offence • charged.

(2) When a person is charged with an offence and facts are prove* which reduce it to a minor offence, he may be convicted of the mino: offence, although he is not charged with it.

(3) When a person is charged with an offence, he may be convictec of an attempt to commit such offence although the attempt is no separately charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

Illustrations

45 of 1860.

(a) A is charged, under section 407 of the Indian Penal Code with criminal broach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 in respect of the property, but that it was not entrusted to him as a carrier. He may be con- victed of criminal breach of trust under section 406.

Cb) A is charged, under section 325 of the Indian Penal Code, with causing

45 of 1860.

grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.

229. The following persons may be charged and tried together, namely: —

(a) persons accused of the same offence committed in the course What persons maybe charged jointly.

of the same transaction;

(d) persons accused of. an offence and persons accused of abetment of, or attempt to commit, such offence;

(c) persons accused of more than one offence of the same kind, within the meaning of section 225 committed by them jointly within the period of twelve months;

(d) persons accused of, different offences committed in the course of the same transaction;

(e) persons accused of an offence which includes theft, extor- tion, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;

45 of I860.

(f) persons accused of offences under sections 411 and 414 of the Indian Penal Code or either of those sections In respect of stolen property the possession of which has been transferred by one offence;

45 of 1860.

(g) persons accused of any offence under Chapter XII of the Indian Penal Code relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:

Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories speci- fied in this section, the Magistrate may, if such persons by an application in writing, so desire, and if he is satisfied that such persons would not be prejudicially affected thereby, try all such persons together.

With- drawal of remaining charges on convic- tion on one of several charges. 230- When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into or trial of the charge or charges so withdrawn.

CHAPTER XVIII

TRIAL BEFORE A COURT OF SESSION

231. In every trial before a Court of Session the prosecution shall be

conducted by a Public Prosecutor.

Trial to be con- ducted by Public Prosecu- tor.

Opening case lor prose- cution.

232. When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 214, the prosecutoi shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Dis- charge.

233. If, upon consideration of the record of the case and the docu- ments submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.

Framing of charge.

234. (1) If after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence triable by the Court, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

235. If the accused pleads guilty, the Judge shall record the plea and Plea of guilty.

may, in his discretion, convict him thereon.

Date for prosecu- tion evi- dence.

236. If the accused refuses in plead, or does not plead, or claims to be tried or is not convicted under section 235, the Judge shall fix a date foi the examination of witnesses, and may, on the application of the prose- cution, issue anv process for compelling the attendance of any witness or the production of any document OT other thing.

237. (I) On the date so fixed, the Judge shall proceed to take all

such evidence as may be produced in support of the prosecution.

Evidence for prosecu- tion (2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

AcqulttaL 238. If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there Is no evidence that the accused committee the offence, the Judge shall record an order of acquittal.

Entering upon defence.

239. (1) Where the accused Is not acquitted under section 238, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or "for defeating the ends of justice.

A.rgu- monta,

240. When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his pleader shall be entitled to reply:

Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the permission of thr> Judge, make his submissions with regard to such point of law.

241. (1) Thereafter, the Judge shall give a judgment in the case.

Judg- ment.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 368, hear the accused on the question of sentence, and then pass sentence on him according to law.

Previous '•onvic- tion.

242. In a case where a previous conviction is charged under the pro- visions of sub-section (7) of section 215, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 235 or sec- tion 241, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Judge not shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 235 or section 241.

243. (1) A Court of Session taking cognizance of an offence under sub-section (/) of section 204 shall try the case under this Chapter as If it had been committed to it by a Magistrate taking cognizance of the offence upon a complaint:

Pro- cedure in cases institu- ted under vection PM,

Provided that the person against whom the offence is alleged to have been committed shall, unless the Court, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.

(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court so thinks fit to do.

(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice- President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one.

(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it Is satisfied that there was no

reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them.

(5) All compensation awarded under sub-section (4) shall be re- covered as if it were a fine.

(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section:

Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to sucn person in any subsequent civil suit relating to the same matter.

(7) The person who has been ordered under sub-section (4) to pay compensation may, in so far as the order relates to the payment of com- pensation, appeal from the order to the High Court.

(8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid^to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

CHAPTER XIX

TRIAL OF WARRANT-CASES BY MAGISTRATES A.—Coses instituted upon a police repor

Compli- ance witft section 212.

244. When, in any warrant-case instituted on a police repori, me accused appears or is brought before a Magistrate at the commence- ment of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 212.

When accused shall be dis- charged.

245. If, upon considering the police report and the documents sent with it under section 176 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prose- cution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall dis- charge the accused, and record his reasons for so doing.

Framing of charge.

246. (i) If, upon such consideration, examination, if any, and hear- ing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.

247. If the accused pleads guilty, the Magistrate shall record me plea and may, in his discretion, convict him thereon.

Convict tion on plea of guilty. Evidence for prose- cution.

248. (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 247, the Magistrate shall flx a date for the examination of witnesses.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

(3) On the date so fixed, the Magistrate shall proceed to take all

such evidence as may be produced in support of the prosecution:

Provided that the Magistrate may permit the cross-examination of any witness to-be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination.

Evidence for defence.

249. (1) The accused shall then be called upon to enter upon his def- ence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing:

Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his def- ence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the purposes of justice.

(3) The Magistrate may, before summoning any witness on such application under sub-section (2), require that his reasonable expenses incurred in attending for the purposes of the trial be deposited in Court.

B.—Cases instituted otherwise than on police report

Evidence for prose- cution.

250. (1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evi- dence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing.

251. (1) If, upon taking all the evidence referred to in section 250, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

When accused shall be discharg- ed.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

Framing of charge.

252. (1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under thla Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.

(2) The charge shall then be read and explained to the accused, an< he shall be asked whether he pleads guilty or has any defence to make

253. If the accused pleads guilty, the Magistrate shall record the plee

and may, in his discretion, convict him thereon.

Convic- tion on plea of guilty. Further exami- nation of prosecu- tion wit- nesses.

254. (I) If the accused refuses to plead, or does not plead or claim to be tried or if the accused is not convicted under section 253, he sha] be required to state, at the commencement of the next hearing of thi case, or, if the Magistrate for reasons to be recorded in writing so think fit, forthwith, whether he wishes to cross-examine any, and, if so, whlcl of the witnesses for the prosecution whose evidence has been taken.

(2) If he says he does so wish, the witnesses named by him shall b< recalled and, after cross-examination and re-examination (if any), thej shall be discharged.

(3) The evidence of any remaining witnesses for the prosecutior shall next be taken, and, after cross-examination and re-examlnatior (if any), they also shall be discharged.

Evidence for defence.

255. The accused shall then be called upon to enter upon his defenc< and produce his evidence; and the provisions of section 249 shall applj to the case.

C—Conclusion of trial

Acquittal or con vie tion.

256. (1) If, in any case under this Chapter in which a charge ha! been framed, the Magistrate finds the accused not guilty, he shall recorc an order of acquittal.

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 332 or section 368, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law.

(3) Where, in any case under this Chapter, a previous conviction h charged under the provisions of sub-section (7) of section 215 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said ac- cused, take evidence In respect of the alleged previous conviction, and shall record a finding "thereon:

Provided that no such charge shall be read out by the Magistrate noi shall the accused be asked to plead thereto nor shall the previous con- viction be referred to by the prosecution or in any evidence adduced hy it, unless and until the accused has been convicted under sub-section (2)

Absence oi oom- plainant.

257. When the proceedings have been instituted upon complaint, and upon any day fixed for the hearing of the case the complainant is absent and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused.

258. (I) If, in any case instituted upon complaint or upon informa- tion given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all OT any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate

Compen- sation for accusation without reason- able cause.

may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, fox reasons to be recorded, make an order that compensation to such amount not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. •

(3) The Magistrate may, by the order directing payment of the com- pensation under sub-section (2), further order that, in default of pay- ment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the provi-

45 of 1860.

sions of sections 68 and 69 of the Indian Penal Code shall, so far as may be, apply.

(5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him:

Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter.

(6) A complainant or informant who has been ordered under sub- section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order, as if such com- plainant or informant had been convicted on a trial held by such Magistrate.

(7) When an order for payment of -compensation to an accused per- son is made in a case which is subject to appeal* under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order.

(8) The provisions of this section apply to summons-cases as well as to warrant-cases.

CHAPTER XX

TRIAL OF SUMMONS-CASES BY MAGISTRATES

Substance of accusa- tion to be stated.

259. When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is ac- cused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal choree.

260. If the accused pleads guilty, the Magistrate shall record the plea

as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

261. (J) Where a summons has been issued under section 211 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine speci- fied in the summons.

Convic- tion on plea of guilty. Convic- tion on plea of guilty in absence of accused in petty cases.

(2) The Magistrate may thereupon convict the accused in bis ab- sence on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine.

Proce- dure when not con- victed.

262. (1) If the Magistrate does not convict the accused under sec- tion 260 or section 261, the Magistrate shall proceed to hear the prose- cution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces In his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on stich

application, require that his reasonable expenses Incurred in attending

for the purposes of the trial be deposited In Court.

Acquittal or con- viction.

263. (1) If the Magistrate, upon taking the evidence referred to in section 262 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal.

(2) Where the Magistrate does not proceed in accordance with the provisions of section 332 or section 366, he shall, if he finds the accused guilty, pass sentence upon him according to law.

Finding not limit- ed by complaint or sum- mons.

264. A Magistrate may, under section 260 or section 263, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, If the Magistrate is satisfied that the accused would not be prejudiced thereby.

Non- appear- ance or death of com- plainant.

265. (1) If the summons has been issued on complaint, and upon the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it pro- per to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or where the Magistrate Is of opinion that the personal attendance of the complainant is not neces- sary, the Magistrate may dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (7) shall, so far as may be; apply also to cases where the non-appearance of the complainant is due to his death.

With- drawal of com- plaint.

266. If a complainant, at any time before a final order is passed In any case under this Chapter, satisfies the Magistrate that there are suffi- cient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused .against whom the complaint is so withdrawn.

Power to atop proceed- ings in certain cases.

267. In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to bft recorded by him, stop the proceedings at any stage without pro- nouncing any judgment either of acquittal or conviction, and may there- upon release the accused.

CHAPTER XXI

SUMMARY TRIALS

268. (1) Notwithstanding anything contained in this Code—

(a) any Chief Judicial Magistrate;

Power to try summa- rily.

(b) any Metropolitan Magistrate;

(c) any Magistrate of the first class specially empowered In this behalf by the High Court;

(d) any Bench of Magistrates invested with the powers of a Magistrate of the first class and specially empowered in this behalf by the High Court,

may, if he or they think fit, try in a summary way all or any of the following offences: —

(a) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding one year;

43 of 1860.

(b) theft, under section 379, section 380 or section 381 of the Indian Penal Code, where the value of the property stolen does not exceed two hundred rupees;

45 of 1860.

(c) dishonest misappropriation of property, under section 403 cf the Indian Penal Code, where the value of the property misappro- priated does ot exceed two hundred rupees;

40 of 1860.

(d) receiving or retaining stolen property, under section 411 of the Indian Penal Code, where the value of the property does not exceed two hundred rupees;

45 Of 1860.

(e) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code, where the value of such property does not exceed two hundred rupees;

45 of 1860.

(f) mischief, under section 427 of the Indian Penal Code;

(g) offences under sections 451, 453, 454 and 456 of the Indian Penal Code;

uoiieso.

49 0* 1860.

(h) insult with intent to provoke a breach of the peace, under section 504, and criminal intimidation, under section 506 of the Indian Penal Code;

(i) abetment of any of the foregoing offences;

(j) an attempt to commit any of the foregoing offences, when

such attempt is an offence;

(k) any offence constituted by an act in respect of which a com- plaint may be made under section 20 of the Cattle-trespass Act, 1871.

l ot 1871.

(2) When in the course of a summary trial it appears to the Magis- trate or Bench that the nature of the case is such that it is undesirable to try it summarily, the Magistrate or Bench shall recall any witnesses who may have been examined and proceed to re-hear the case in the man- ner provided by this Code.

269. The High Court may confer on any Bench of Magistrates invest- ed with the powers of a Magistrate of the second class power to try summarily all or any of the following offences, namely: —

Power to invest Bench of Magis- trates invested with less powers.

43 of 1860.

(a) offences against sections 277, 278, 279, 285, 286, 239, 290, 292, 293, 294, 323, 334, 336, 341, 352, 358, 426, 447 and 504 of the Indian Penal Code;

(b) offences against Municipal Acts and the conservancy clauses of Police Acts which are punishable only with fine or with imprison- ment for a term not exceeding one month with or without flue;

(c) abetment of any of the foregoing offences;

(d) an attempt to commit any of the foregoing offences, when

such attempt is an offence.

270. (/) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as herein- after mentioned.

(2) No sentence of imprisonment for a term exceeding six months

shall be passed in the case of any conviction under this Chapter.

Pro* cedure for summons and warrant- caaes ap- plicable.

Becord In summary trials.

271. In every case tried summarily, the Magistrate or Bench of Magistrates shall enter, in such form as the State Government may direct, the following particulars, namely: —

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the date of the report or complaint;

(d) the name of the complainant (if any);

(e) the name, parentage and residence of the accused;

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (b), (c), (d) or (e) of sub-section (1) of section 268, the value of the property in respect of which the offence has been committed;

(0) the plea of the accused and his examination (If any);

(h) the finding;

(i) the sentence or other final order;,

(j) the date on which proceedings terminated;

and when the accused does not plead guilty, the Magistrate or Bench shall also record the substance of the evidence and a judgment contain- ing a brief statement of the reasons for the finding.

272. (1) Every such record and judgment shall be written either in

English or in the language of the Court.

Language of record and judgment (2) The Chief Judicial Magistrate may authorise any Bench of Magistrates empowered to try offences summarily to prepare the afore- said record or judgment or both by means of an officer appointed In this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by each member of the Bench taking part in the proceedings.

(3) If no such authorisation be given, the record prepared by a member of the Bench and signed as aforesaid shall be the proper record.

(4) If the Bench differ in opinion, any dissentient member may write

a separate judgment.

CHAPTER XXII

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

273. In this Chapter,—

Defini- tions.

(a) "detained" includes detained under any law providing for

preventive detention;

(b) "prison" includes,—

(1) any place which has been declared by the State Govern-

ment, by general or special order, to be a subsidiary jail;

(li) any reformatory, Borstal institution or other institution

of a like nature.

274. (1) Whenever, in the course of an inquiry, trial or other pro-

ceeding under this Code, it appears to a Criminal Court,—

Power to require attend- ance of prisoners.

(a) that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or

(b) that it is necessary for the ends of justice to examine such

person as a witness,

the Court may make an order requiring the officer in charge of the prl' son to produce such person before the Court for answering to the charge or, as the case may be, for giving evidence.

(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate to whom such Magistrate is subordinate.

(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a. statement of the facts which, in the opinion

SEC. ij THE CAZfiTTfi OF 1N£"1A EXTRAOkfilNAkY Ii6l

of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such state- ment, decline to countersign the order.

275. (1) The State Government may, at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and there- upon, so long as the order remains in force, no order made under section 274, whether before or after the order of the State Government, shall have effect in respect of such person or class of persons.

(2) Before making an order under sub-section (2), the State Gov-

Power of State Govern- ment to exclude certain persons from operation of sec- tion 274.

ernment shall have regard to the following matters, namely: —

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison;

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison;

(c) the public interest, generally.

276. Where the person in respect of whom an order is made under

section 274—

(a) is by reason of sickness or infirmity unfit to be removed

from the prison; or

(fa) is under committal for trial or under remand pending trial

or pending a preliminary investigation; or

Officer in charge of prison to abstain from carrying uit order in certain contin- gencies.

(c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Govern-

ment under section 275 applies,

the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining:

Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distant from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (fa).

Prisoner to be brought to Court In custody.

277. Subject to the provisions of section 276, the officer in charge of the prison shall, upon delivery of an order made under sub-section CO of section 274 and duly countersigned, where necessary, under sub- section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained.

Power to issue com- mission for exa- mination of witness in prison.

278. The provisions of this Chapter shall be without prejudice to the power of the Court to issue under section 291 a commission for the examination, as a witness, of any person confined or detained in a prison,- and the provisions of Part B of Chapter XXIII shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person.

CHAPTER XXIII

EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

Language ot Courts.

279. The State Government may determine what, for purposes of this Code, shall be the language of each Court within the State other th^n a High Court.

280. Except as otherwise expressly provided, all evidence taken in the course oi the trial, shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his pleader.

Evidence to be taken in presence of accused.

281. {1) In all summons-cases tried before a Magistrate, in all in- quiries under sections 146 to 150 (both inclusive), and in all proceedings undtr section 455 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of his evidence in the language of the Court or in English:

Provided that if the Magistrate is unable to make such memorandum himseli, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court.

Record in summons- cases, inquiries under sections 146 to 150 and. pro- ceedings under section 455.

(2) Such memorandum shall be signed by the Magistrate and shall

form part of the record.

Record in warrant- cases.

282. (2) In all warrant-cases tried before a Magistrate the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or, under his direction and superintendence, by an officer of the Court appointed by him in this behalf.

(2) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.

(3) The evidence so taken down shall be signed by the Magistrate

and shall form part of the record.

283. (1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or, under his direction and superin- tendence, by an officer of the Court appointed by him in this behalf.

Record in trial before Court of Session.

<2) Such evidence shall ordinarily be taken down in the form ot question and answer; but the presiding Judge may, in his discretion,

take down or cause to be taken down, the whole or any part of suet evidence in the form of a narrative.

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

284. In every case where evidence is taken down under section 281 or section 283—

Language of record of evi- dence.

(a) if the witness gives evidence in the language of the Court, it shall be taken down In that language;

(b) if he gives evidence in any other language, it may, if prac- ticable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness pro- ceeds, signed by the Magistrate or presiding Judge, and shall form part of the record;

(c) where under clause (b) evidence is taken down in a lan- guage other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge and shall form part of the record:

Provided that when under clause (b) evidence is taken down .In Eng- lish and a translation thereof in the language of the Court is not roauired by any of the parties, the Court may dispense with such translation.

285. (1) As the evidence of each witness taken under section 282 or section 283 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.

Proce- dure In regard to such evi- dence when com- pleted.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add snch remarks as he thinks necessary.

(3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands.

286, (1) Whenever any evidence is given in a language not under- stood by the accused, and he is present in person, it shall be interpreted to him in open Court in a language understood by him.

Interpre- tation of evidence to accused or his pleader.

(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and not understood by the pleader, it shall be interpreted to such pleader in that language.

(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary.

Remarks respecting demean- our of witness.

287. When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination,

Record of examina- tion of accused.

288. (1) Whenever the accused is examined by a Metropolitan Magis- trate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the language of the Court or in English and such memorandum shall be signed by the Magistrate and shall form part of the record.

(2) Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full either by the Magistrate himself or under his direction and superintendence by an officer of the Court appointed by him in this behalf.

(3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court.

(4) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers.

(5) It shall thereafter be signed by the accused and by the Magis- trate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused.

(6) Nothing in this section shall be deemed to apply to the exami-

nation of an accused person in the course of a summary trial.

289. When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement.

Interpreter to be bound to interpret truthfully.

Record In High Court.

290. Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it; and such evidence and examination shall be taken down in accordance with such rule.

B.—Commissions -for the examination of witnesses

When attend- ance of witness may be dispensed with and commis- sion issue.

291. (I) Whenever, in the course of any inquiry, trial or other pro- ceeding under this Code, it appears to a Court that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense ot inconvenience which, under the circumstances of the case, would be unreasonable, the Court may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter:

Provided that where the examination of the President or the Vire- Presldent of India, or the Governor of a State as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness.

(2) The Court may, when issuing a commission for the examination

of a witness for the prosecution, direct that such amount as the Court

considers reasonable to meet the expenses of the accused, including the

pleader's fees, be paid by the prosecution.

Commis- sion to whom to be issued.

292. (i) If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or Chief Judicial Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.

(2) If the witness is in India, but in a State or area to which this Code does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.

(3) If the witness is in a country or place outside India and arrange- ments have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission, as the Central Government may, by notification, prescribe in this behalf.

Execution of com- missions.

293. Upon receipt of the commission, the Chief Metropolitan Magistrate or Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence In the same manner, and may for this purpose exercise Ihe same powers, as in trials of warrant-cases under this Code.

Parties may- examine witnesses.

294. (/) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interro- gatories.

(2) Any such party may appear before such Magistrate, Court or officer by pleader, or if not In custody, in person, and may examine, cross-examine and re-examine (as the case may be) the said witness.

Return of com- mission.

295. (1) After any commission issued under section 291 has been duly executed, It shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read¹ in evidence In the case by either party, and shall form part of the record.

1 ol 1872

(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 1872, may also be received In evidence at any subsequent stage of the case before another Court.

296. In every case In which a commission Is Issued under section 291,

the inquiry, trial or other proceeding mav be adjourned for a specified time reasonably sufficient for the execution and return of the commission.

Adjourn- ment of proceed- ing.

297. (1) The provisions of section 293 and so much of section 294 and Execu- tion of foreign commis- sions.

section 295 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions Issued under section 291.

(2) The Courts, Judges and Magistrates referred to in sub-section (7)

are—

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code does not extend, as the Central Government may, by notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction In any such country or place outside India as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to Issue commissions for the examination of witnesses In relation to criminal matters.

Deposition of medical witneM.

298. (I) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness.

(2) The Court may, if it thinks fit, summon and examine such

deponent as to the subject-matter of his deposition.

Evidence of officers 3f the Mint.

299. (I) Any document purporting to be a report under the hand of any such gazetted officer of the Mint or of the India Security Press (in- cluding the office of the Controller of Stamps and Stationery) as the Centre! Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report it? the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer Is not called as a "witness.

(2) The Court may, if it thinks fit, summon and examine any such

officer as to the subject-matter of his report:

Provided that no such officer shall be summoned to produce any records

on which the report is based.

1 of 1872.

(3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872, no such officer shall, except with the per- mission of the Master of the Mint or the India Security Press or the Con- troller of Stamps and Stationery, as the case may be, be permitted—

(a) to give any evidence derived from any unpublished official

records on which the report is based; or

(b) to disclose the nature or particulars of any test applied by

htm in the course of the examination of the matter or thing.

Keports of certain Govern- ment scientific experts.

300. (7) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code.

(2) The Court may, if it thinks fit, summon and examine any such

expert as to the subject-matter of his report.

(3) Where any such expert is summoned by a Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to •attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.

(4) This section applies to the following Government scientific experts,

namely:—

(a) any Chemical Examiner or Assistant Chemical Examiner to

Government;

(b) the Chief Inspector of Explosives;

(c) the Director of the Finger Print Bureau;

(d) the Director, Haflfkeine Institute, Bombay;

(e) the Director of a Central Forensic Science Laboratory or a

State Forensic Science Laboratory.

Docu- ments of a formal character 301. Any document of a formal character may, subject to all just ex- ceptions and unless its genuineness is di&puted, be read in the evidence in any inquiry, trial or other proceeding under this Code, without proof of the signature of the person by whom it purports to be signed:

Provided that the Court may^ in its discretion, require such signature

to be proved.

Explanation.—In this section, the expression "document of a formal character" includes a list, memorandum or other record prepared by a police officer in the course of an investigation.

Affidavit in proof of conduct of public servants.

302. When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Code^and allegations are made therein [respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given,

303. (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence In any inquiry, trial or other proceeding under this Code.

Evidence of formal character on affidavit.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained In his affidavit.

304. (i) Affidavits to be used before any Court under this Code may- be sworn or affirmed before—

(a) any Judge or Magistrate; or

Autho- rities before whom affidavits may be sworn.

(b) any Commissioner of Oaths appointed by a High Court; or

53 of 1952.

(c) any notary appointed under the Notaries Act, 1952.

(2) Affidavits shall be confined to, and shall state separately, such iacts as the deponent is able to prove from, his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

305. In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,—

Previous conviction or acquit- tal how proved.

(a) by an extract certified under the hand of the officer, having the custody of the records of the Court in which such, conviction or acquittal was held, to be a copy of the sentence or order, or

(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was inflicted, or by production of the warrant of commit- ment under which the punishment was suffered,

together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted.

Record of evidence in absence of accused.

306. (I) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such per- son, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable.

(2) If it appears that an offence punishable with death or imprison- ment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TBIAU

307. (I) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 227, or for which he might have been convicted under sub-section (2) thereof.

Person once convicted or ac- quitted not to be tried for same offence.

(2) A person acquitted or convicted of any offence may be afterwards tried for any distinct offence for which a separate charge might have been made against him on the former trial under sub-section (1) of section 226.

(3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last- mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charg- ed.

(5) Nothing in this section shall affect the provisions of. section 26 of the General Clauses Act, 1897 or of sub-section (1) of section 190 of this Code. 10 of 1897.

Explanation.—The dismissal of a complaint, the discharge of the accus- ed, or the stopping of proceedings under section 267 is not an acquittal for the purpose of this section.

Illustrations

(a) A Is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.

(b) A Is tried upon a charge of murder and acquitted. There is no charge of robbery; but it appears from the facts that A committed robbary at the time when the murder was committed; he may afterwards be charged with, and tried for, robbery.

(c) A ia tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide.

(d) A Is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B.

(e) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for volun- tarily causing grievous hurt to B on th same facts, unless the case comes within sub-section (3) 01 the section.

(f) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts.

(g) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity- on the same facts.

308. (i) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.

Appear- ance by Public Prosecu- tors.

(2) If in any such case any private person instructs a pleader to prose- cute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under his directions.

Permis- sion to conduct prosecu- tion.

309. (1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prose- cutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prose- cution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

(2) Any person conducting the prosecution may do so personally or by

a pleader-

310. Any person accused of an offence before a Criminal Court, dr against whom proceedings are instituted under this Code, may of right be defended by a pleader.

Right of person against whom proceed- ings are institut- ed to be defended.

311. (1) Where, in a trial before the Court of Session, the accused is not

represented by a pleader, the Court shall assign a pleader for his defence

at the expense of the State.

(2) The High Court may, with the previous approval of the State Gov-

Legal aid to accused at State expense in serious cases.

ernment, make rules providing: for:—

(a) the mode of selecting pleaders for defence under sub-section

(1);

(b) the facilities to be allowed to such pleaders by the Courts;

(c) the fees payable to such pleaders by the Government,

and, generally, for carrying out the purposes of sub-section (2).

(3) The State Government may, by notification, direct that, as from

such date as may be specified in the notification, the provisions of bub-

sections O) and (2) shall apply in relation to any class of trials before

other Courts in the State as they apply in relation to trials before Courts

of Session.

312. (i) In this section, "corporation" means an incorporated company or other body corporate, and includes a society registered under the So- cieties Registration Act, 1860.

21 of I860.

(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the pur- pose of the inquiry or trial and such appointment need not be under the seal of the corporation.

Proce- dure when cor- poration or regis- tered society is an ac- cused.

(3) Where a representative of a corporation appears, any requirement of this Code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the repre- sentative or read or stated or explained to the representative, and any re- quirement that the accused shall be examined, shall be construed as a requirement that the representative shall be examined.

(4) Where a representative of a corporation does not appear, any such requirement as it referred to in sub-section (3) shall not apply.

(5) Where a statement in writing purporting to be signed by the man- aging director of the corporation or by any person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation, to the effect that the person named in the state- ment has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall unless the'contrary is prov- ed, presume that such person has been so appointed.

(6) If a question arises as to whether any person, appearing as the re- presentative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court-

Tender of pardon to accom- plice.

313. (1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropoli- tan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a par- don to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abet- tor, in the commission thereof.

(2) This section applies to—

46 of 1952.

(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Am- endment Act, 1952;

(b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence.

(3) E v e ry M a g i s t r a te w ho t e n d e rs a p a r d on u n d er s u b - s e c t i on ( ?) s h a ll r e c o r d—

( a) his reasons for so doing;

(b) whether the tender was or was not accepted by the person to

whom it was made,

and shall, on application made by the accused, furnish him with a cop

of such record free of cost.

(4) Every person accepting a tender of pardon made under sub-seetin

(a) shall be examined as a witness in the Court of the Magistral taking cognizance of the offence and in the subsequent trial, if any

(b) shall, unless he is already on bail, be detained in custod;

until the termination of the trial.

(5) Where a person has accepted a tender of pardon made under sub section (I) and has been examined under sub-section (4), the Magistral taking cognizance of the offence shall, without making any further inquiry in the case,—

(a) commit it for trial—

(i) to the Court of Session if the offence is triable exclusively by that Court;

48 of 1902.

(ri) to a Court of Special Judge appointed under the Crimi nal Law Amendment Act, 1952, if the offence is triable exclusive- ly by that Court;

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.

314. At any time after commitment of a case but before Judgment is Power to direct tender of pardon.

passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person.

Trial of person not com- plying with con- ditiono of pardon.

315. (I) Where, in regard to a person who has accepted a tender of pardon made under section 313 or section 314, the Public Prosecutor certi- fies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so rendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence:

Provided that such person shall not be tried jointly with any of the

other accused:

Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 196 or section 348 shall apply to that offence.

(2) Any statement made by such person after accepting the tender of pardon and recorded by a Magistrate under section 167 or by a Court under sub-section (4) of section 313 may be given in evidence against him at such trial.

(3) At such trial, the accused shall be entitled to plead that he has com- plied with the condition upon which such tender was made; in which case it shall bfe for the prosecution to prove that the condition has not been complied with.

(4) At such trial, the Court shall—

(a) if it is a Court of Session, before the charge is read out anc explained to the accused;

(b) If it Is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken,

ask the accused whether he pleads that he has complied with the conditior on which the tender of pardon was made.

(5) If the accused does so plead, the Court shall record the plea anc proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained In this Code, pass judgment of acquittal.

Power to postpone or adjourn proceed- ings.

316. (1) In every inquiry or trial, the proceedings shall be held as

expeditiously as possible, and in particular, when the examination oi

witnesses has once begun, the same shall be continued from day to day

until all the witnesses in attendance have been examined, unless the

Court finds the adjournment of the same beyond the following day to be

necessary for reasons to be recorded.

(2) If the Court, after taking cognizance of an offence, finds it necessary

or advisable to postpone the commencement of, or, adjourn, any inquiry

or trial, it may, from time to time, for reasons to be recorded, postpone 01

adjourn the same on such terms as it thinks fit, for such time as it considers

reasonable, and may by a warrant remand the accused if in custody:

Provided that no Magistrate shall remand an accused person to custody

under this section for a term exceeding fifteen days at a time:

Provided further that when witnesses are in attendance, no adjourn-

ment or postponement shall be granted, without examining them, except

for special reasons to be recorded in writing.

Explanation 1.—If sufficient evidence has been obtained to raise a sus-

picion that the accused may have committed an offence, and it appears

likely that further evidence may bo obtained by a remand, this is a

reasonable cause for a remand.

Explanation 2.— The terms on which an adjournment or postponement

may be granted include, in appropriate cases, the payment of costs by the

prosecution or the accused.

317. (I) Any Judge or Magistrate may, at any stage of any inquiry, trial

Local inspec- tion.

or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of pro- perly appreciating the evidence given aj such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection.

(2) Such memorandum shall form part of the record of the case and if

the prosecutor, complainant or accused so desires, a copy of the memo-

randum shall be furnished to him free of cost.

^18. Any Court, at any stage of any inquiry, trial or other proceed- ing under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine OT recall and re-examine any such person if his evidence ap- pears to it essential to the just decision of the case.

Power to summon material witness, or examine person present.

Expenses of com- plainants and wit- nesses.

319. Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of Government, of the reasonable expenses of any complainant or witness attending: for the purposes of any inquiry, trial or other proceeding before such Court under this Code.

320. (1) In every inquiry or trial, for the purpose of enabling the accus- ed personally to explain any circumstances appearing in the evidence against him, the Court,—

Power to examine the accused.

(a) may at any stage, without previously warning the accused,

put such questions to him as the Court considers necessary;

(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case:

Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his exa- mination under clause (b).

(2) No oath shall be administered to the accused when he is examined

under sub-section (1).

(3) The accused shall not render himself liable to punishment by refus-

ing to answer such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

Written arguments.

321. (1) Any party to a proceeding may, as soon as may be, after the close of his evidence, but before he concludes the cfral arguments, if any, submit a memorandum to the Court setting forth concisely and under dis- tinct headings, the arguments in support of his case and every such memo- randum shall form part of the record.

(2) A copy of every such memorandum shall be simultaneously fur-

nished to the opposite party.

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court for reasons to be recorded In writing considers it necessary to grant such adjournment.

322. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:

Accused person to be competent witness.

Provided that—

(a) he shall not be called as a witness except on his own reauest

In writing;

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial.

(2) Any person against whom proceedings are instituted in any crimi- nal court under section 98 or section 108 or under Chapter IX or under Part B, Part C or Part D of Chapter X may offer himself as a witness in such proceedings:

Provided that in proceedings under section 109, section 110 or section 111, the failure of such person to give evidence shall not be made the sub- ject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry.

323. Except as provided in sections 313 and 314, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge.

324. (1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the per- sonal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is re- presented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused.

No influence to be used to induce disclosure. Provision for in- quiries and trial being held in the absence of accused in certain cases.

(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

325. If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceed- ings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit.

Pro- cedure where accused does not under- stand pro- reedincs

326. (1) Where, in the course of an inquiry into or trial of an offence,

it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed.

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

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into or trial of the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section

(.1), t h e n-

fa) the proceedings in respect of such person shall be commenced

afresh, and the witnesses re-heard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

45 of 1860.

Compound- ing of offences-

327. (1) The offences punishable under the sections of the Indian Penal Code specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table: —

TABLE

Offence

Person by whom offence may

be compounded

Section of

the Indian

Penal Code

applicable

1

2

3

298

Uttering words, etc., with delibe- rate intent to wound the reli- gious feelings of any person.

The person whose religious feel- ings are intended to be wounded.

Causing hurt . . ..

The person to whom the hurt

323, 334

is caused.

341,

Wrongfully restraining or confin-

342 The person restrained or con-

ing any person.

fined.

Assault or uso of criminal force.

The person assaulted or to whom

355,

352, 358

criminal force is used.

The person to whom the loss or

426, 427

damage is caused.

Mischief, when the only loss or damage caused is loss or da- mage to a private person.

Criminal trespass .

447 The person in possession of the

property trespassed upon.

House trespass

448

Ditto.

491 The person with whom the

Criminal breach of contract of

service.

offender has contracted.

The husband of the woman.

Adultery

497

498

Ditto.

Enticing or taking away or detaining with criminal intent a married woman.

500 The person defamed.

Defamation . . ..

501

Ditto.

Printing or engraving matter, knowing it to be defamatory.

502

Ditto.

Sale of printed or engraved subs-:

tan.ee containing defamatory matter, knowing it to con- tain such matter.

Offence

Person by whom offence may be compounded

Section "of

the Indian

Penal Code

applicable

I

2

3

Insult intended to provoke a

504 The person insulted.

breach of the peace,

506

Criminal intimidation except

The person intimidated.

when the offence is punish- able with imprisonment for seven years.

508 The person against whom the offence was committed.

Act caused by making a person believe that he will be an object of divine displeasure.

45 of 1860.

(2) The offences punishable under the sections of the Indian Penal Code specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table: —

TAHLE

1

Offence

Person by whom offence may be compounded

Section of

the Indian

Penal Code

applicable

3

1

2

The person to whom hurt is

324

Voluntarily causing hurt by dangerous weapons or means.

caused.

Ditto.

Voluntarily causing grievous

325

hurt.

Ditto.

335

Voluntarily causing grievous hurt on grave and sudden provocation.

337

Ditto-

Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others.

Causing grievous hurt by doing

338

Ditto-

an act so rashly and negli- gently as to endanger human life or the personal safety of others.

The person confined.

Wrongfully confining a person

343

for three days or more.

Wrongfully confining for ten or

344 1 Ditto.

more days.

1

Offence

Person by whom offence may be compounded

Section of

the Indian

Penal Code

applicable

i

2

3

The person confined.

Wrongfully confining a person

346

in secret.

354 The woman assaulted to whom the criminal force was used.

Assault or criminal force to woman with intent to outrage her modesty.

The person assaulted or to

357

whom the force was used.

Assault or criminal force in attempting wrongfully to confine a person.

Theft, where the value of pro-

379 The owner of the property

stolen.

perty stolen does not exceed two hundred and fifty rupees.

Theft by clerk or servant of pro-

381

Ditto-

perty in possession of mas- ter, where the value of the property stolen does not exceed two ^hundred and fifty rupees.

Dishonest misappropriation of

403 The owner of the property

property.

misappropriated.

406

Criminal breach of trust, where the value of the property does not exceed two hundred and fifty rupees.

The owner of the property in respect of which the breach of trust has been committed.

Criminal breach of trust by a

407

Ditto.

carrier, wharfinger, etc., where the value of the pro- perty does not exceed two hundred and fifty rupees.

408

Ditto.

Criminal breach of trust by a clerk or servant, where the value of the property does not exceed two hundred and fifty rupees.

The owner of the property

411

stolen.

Dishonestly receiving stolen property, knowing it to be stolen, when the value of the stolen property does not exceed two hundred and hfty rupees.

414

Ditto.

Assisting in the concealment or disposal of stolen property, knowing it to be stolen, where •the value of the stolen pro- perty does not exceed two hundred and fifty rupees.

1

C heating

417 The person cheated.

Cheating a person whose interest

413

Ditto.

the offender was bound, cither by law or by legal con- tract, to protect.

1

Person by whom offence may be compounded

ection of

IC Indian

cnal Code

pplicable

s Offence tl P a

2

i

419 Cheating by personation.

420 Cheating and dishonestly indu- cing delivery of property or the making, alteration or destruction of a valuable security.

3

The person cheated.

Ditto.

i

I

I

421 Fraudulent removal or con- cealment of property, etc., to prevent distribution among creditors.

The creditors who are affected thereby.

422

Fraudulently preventing from being made available for his creditors a debt or demand due to the offender.

Ditto.

423

Fraudulent execution of deed of transfer containing false statement of consideration.

The person affected thereby.

424

Fraudulent removal orconceal- ment of property.

Ditto.

428

Mischief by killing or maiming animal of the value of ten rupees or upwards.

The owner of the animal.

429

Mischief by killing or maiming cattle, etc., of any value or any other animal of the value of fifty rupees or upwards.

The owner of the cattle or animal,

430

Mischief by injury to work¹'of irrigation by wrongfully di- verting water when" the only loss or damage caused is loss or damage to a private person.

The person to whom the loss or damage is caused.

451

House-trespass to commit an offence (other than theft) punishable with imprison- ment.

The person in possession of the house trespassed upon.

482

Using a false trade or property mark.

The person to whom loss or injury is caused by such use.

483

Counterfeiting a trade or pro- perty mark used by another.

The person whose trade or property mark is counterfeited.

486

Knowingly selling, or exposing or possessing for sale or for manufacturing purpose, goods marked with a counter- feit property mark.

Ditto.

494 The husband or wife of the Marrying again during the life- time of a husband or wife.

person so marrying.

Offence

Person by whom offence may be compounded

Section of

The Indian

Penal Code

applicable

2

I

3

The person defamed.

t>efamation against the Presi-

500

!

dent or the Vice-President or the Governor of a State or the Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.

1 509 The woman whom it was inten- ded to insult or whose privacy was intruded upon.

Uttering words or sounds or makingj gestures or exhibit- ing any object intending to insult the modesty of a wo- man or intruding upon the privacy of a woman.

(3) When any offence is compoundable under this section, the abet- ment of such offence or an attempt to commit such offence (when such attempt is itself an offence) may be compounded in like manner.

(4) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the permission of the Court, compound such offence.

(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard.

(6) A High Court acting in the exercise for its powers of, revision under section 412 may allow any person to compound any offence which such person is competent to compound under this section.

(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punish- ment of a different kind for such offence.

(8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been com- pounded.

(9) No offence shall be compounded except as provided by this section.

With- drawal from prosed** tion.

328. The Public Prosecutor or Assistant Public Prosecutor in charge ot a case may, with the consent of the Court, at any time before the judg- ment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,—

(a) if it is made before a charge has been framed, the accused

shall be discharged in respect of such offence or offences;

(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be acquitted In respect of such offence or offences:

Provided that where such offence—

(0 was against any law relating to a matter to which the execu-

tive power of the Union extends, or

(ii) was investigated by the Delhi Special Police Establishment

under the Delhi Special Police Establishment Act, 1946, or

25 of 1946.

(m) Involved the misappropriation or destruction of, or damage

to, any property belonging to the Central Government, or

(ii>) was' committed by a person in the service of the Central Gov- ernment while acting or purporting to act in the discharge of his official duty,

and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its permission to with- draw from the prosecution and the Court shall, before according Its per- mission, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution.

329. (1) If, In the course of any inquiry into an offence or a trial

before a Magistrate In any district, the evidence appears to him to warrant a presumption—

(a) that he has no jurisdiction to try the case or commit It for

trial, or

Proce- dure in cases which Magis- trate cannot dispose of.

(b) that the case is one which should be tried or committed for

trial by some other Magistrate in the district, or

(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.

(2) The Magistrate to whom the case is submitted may, If so empower-

ed, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

330. If, in any Inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judg- ment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions herein- before contained.

Proce- dure •ro hen, after commen- cement of inquiry or trial, Magis- trate finds case should be commit- ted.

331. (1) Where a person, having been convicted of an offence punish-

45 of 1860.

Trial of persons previouB- ly con- victed of offencea against coinage, stamp- law or property.

able under Chapter XII or Chapter XVII of the Indian Penal Code with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprison- ment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, un- less the Magistrate Is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted.

(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1), any other person accused jointly with him in the same Inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such, other person under section 245 or section 251, as the case may be.

332. (7) Whenever a Magistrate is of opinion, after hearing the evi-

dence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 107, he may re- cord the opinion and submit his proceedings, and forward the accused,

• to the Chief Judicial Magistrate to whom he is subordinate.

Proce- dure when Magis- trate cannot pass sentence sufficient- ly severe.

(2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1) in regard to any of such accused, he shall forward all the accused who ar" in his opinion guilty to the Chief Judicial Magistrate.

(3) The Chief Judicial Magistrate to whom the proceedings are sub- mitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sen- tence or order in the case as he thinks fit, and as ia according to law.

333. (1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a, trial, ceases to exercise jurisdiction therein and is succeeded by another Judg< or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by hii predecessor, or partly recorded by his predecessor and partly recorded by himself:

Convic- tion or commit- ment on evidence partly recorded by one Judge or Magis- trate and partly by another.

Provided that if the succeeding Judge or Magistrate Is of opinion thai further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examlnatioi and re-examination, if any, as he may permit, the witness shall be dis- charged.

(2) When a case is transferred under the provisions of this Code from one Judge to another Judge or from one Magistrate to another

Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub- section (1).

(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 329 or in which pro- ceedings have been submitted to a superior Magistrate under section 332.

Changes in consti- tution of Benches 334. No judgment or order of a Bench of Magistrates shall be invalid by reason only of a change having occurred in the constitution of the Bench, in any case in which the Bench by which such judgment or order is passed is duly constituted under section 15 or section 20, as the case may be, and at least one of the Magistrates constituting the Bench by which the judgment or order was delivered has been present on the Bench throughout the proceedings.

Court to be open.

335. The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed an open Court, to which the public generally may have access, so far as the same can conveniently contain them:

Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.

CHAPTER XXV

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Proce- dure in case of accused being lunatic.

336. (1) When a Magistrate holding an inquiry or a trial has reason to believe that the accused is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Govern- ment directs, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to writing,

(2) Pending such examination and inquiry, the Magistrate may deal

with the accused in accordance with the provisions of section 338.

(3) If such Magistrate is of opinion that the accused is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case.

337. (1) If at the trial of any person before a Court of Session, he appears to the Court to be of unsound mind and incapable of making his defence, the Court shall, in the first instance, try the fact of such unsoundness' and incapacity, and if the Court is satisfied of the fact, it shall record a finding to that effect and shall postpone further proceedings in the case.

(2) The trial of the fact of the unsoundness of mind and incapacity

Proce- dure in case of person tried before Court of Session being lunatic- of the accused shall be deemed to be part of his trial before the Court,

Release of lunatic pending investi- gation or trial.

338. (1) Whenever an accused person is found to be of unsound mind and incapable of making his defence, the Magistrate or Court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or Court or such officer as the Magistrate or Court appoints in this behalf.

(2) If the case is one in which, in the opinion of the Magistrate or Court, bail should not be taken, or if sufficient security is not given, the Magistrate or Court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the State Government:

Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1&12.

Resump- tion of inquiry or trial.

339. (1) Whenever an inquiry or a trial is postponed under section 336 ot section 337, the Magistrate or Court, as the case may be, may at any time resume the inquiry or trial, and require the accused to appear or be brought before such Magistrate or Court.

(2) When the accused has been released under section 338, and the sureties for his appearance produce him to the officer whom the Magis- trate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence.

340. (I) If, when the accused appears or is again brought before the Magistrate or the Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed.

Proce- dure on accused appearing before Magis- trate or Court.

(2) If the Magistrate or Court considers the accused to be still in- capable of making his defence, the Magistrate or Court shall again act according to the provisions of section 336 or section 337, as the case may be, and if the accused is found to be of unsound mind and incapable of making his defence, shall deal with such accused in accordance with the provisiens of section 338.

341. When the accused appears to be of unsound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, send him for trial before the Court of Session.

342. Whene\er any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by- reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

Judgment of acquittal on giound of un- sound- ness of mind.

343. (I) Whenever the finding states that the accused person commit- ted the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—

Person acqulited on such ground to be detained in safe custody.

(a) order such person to be detained in safe custody in such

place and manner as the Magistrate or Court thinks fit; or

(b) order such person to be delivered to any relative or friend

of such person.

(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub-section (1) otherwise than in ac- cordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912.

4 of 19i2.

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1), except upon the an- plication of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—

(a) be properly taken care of and prevented from doing injury

to himself or to any other person;

(b) be produced for the inspection of such officer, and at such

times and places, as the State Government may direct.

(4) The Magistrate or Court shall report to the State Government

the action taken under sub-section (1).

344. The State Government may empower the officer in charge of the jail In which a person is confined under the provisions of section 338 or section 343 to discharge all or any of the functions of the Inspector General of Prisons under section 345 or section 346.

Power of State Govern- ment to empower officer in charge to discharge.

Froco- dura where lunatic prisoner k reported capable of malting his defence.

345. If such person is detained under the provisions of sub-section (2) of section 338, and in the case of a person detained in a jail, the Inspector General of Prisons, or, in the case of a person detained in a lunatic asylum, the visitors of such asylum or any two of them shall certify that, In his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 340; and the certi- ficate of such Inspector General or visitors as aforesaid shall be receiv- able as evidence,

Proce- dure where lunatic detained Is declared fit to be released.

346. (7) IX such person is detained under the provisions of sub-section (2) of section 338 or section 343, and such Inspector General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

Delivery of lunatic to care of relative or

friend.

347. (1) Whenever any relative or friend of any person detained under the provisions of section 338 or section 343 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall—

(a) be properly taken care of and prevented from doing injury

to himself or to any other person;

(b) be produced for the inspection of such officer, and at such

times and places, as the State Government may direct;

(c) in the case of a person detained under sub-section (2) of sec- tion 338, be produced when required before such Magistrate or Court,

order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magis- trate or Court shall call upon the relative or friend to whom such accused was clelivercd to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 340, and the certificate of the inspecting officer shall be receivable as evidence.

CHAPTER XXVI

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Procedure in cases mentioned in section 196.

348. (1) When, upon an application made to it in this behalf or other- wise, any Court is of opinion that it is expedient In the interests of justice that an inquiry should be made into anv offence referred to In sub- section (7) or sub-section (4) of section 196 which appears to have been committed in or In relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary In- quiry, if any, as it thinks necessary,—

(a¹) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a com- plaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (3) of section 198.

(3) A complaint made under this section shall be signed,—

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint;

(6) in any other case, by the presiding officer of the Court.

(4) In this section, "Court" has the same meaning as in section 196.

Appeal 349. (7) Any person on whose application any Court other than a High Court has refused to make a complamt under sub-section (1) or sub-section (2) of section 348 or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the mi aning of sub-section (3) of section 196, and the superior Court may thereupon, afLer notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, make the complaint which such former Court might have made under section 348, and if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under section 348, shall be final, and shall not be subject to revision.

Power to order costs, 350. Any Court dealing with an application made to it for filing a complaint under section 348 or an appeal under section 349, shall have power to make such order as to costs as may be just.

351. (1) A Magistrate to whom a complaint is made under section 348 or section 349 shall, notwithstanding anything contained in Chapter XV, proceed to deal with the case as if it were instituted on a police report.

Proce- dure of Magis- trate taking cogniz- ance.

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceed- ing out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided.

45 of 1860.

Summary procedure Xor giving false evidence by making contradic- tory state- ments

352. (1) If, in any trial before a Court of Session or of a Magistrate of the first class, a witness makes on oath a statement which contradicts his previous statement on oath recorded under section 167 or section 205 or section 282 or section 283, and it appears to the Court that the wit- ness has, by making such contradictory statements, committed an offence punishable under section 193 of the Indian Penal Code, it may, if satisfied that it is expedient in the interests of justice that the witness should be tried summarily for the offence, take cognizance of the offence, and, after giving the offender an opportunity of showing cause why he should not ue punished under this section, sentence him to imprisonment for a term not exceeding six months or fine not exceeding five hundred rupees or both.

(2) In every such case the Court shall follow, as nearly as may be

practicable, the procedure prescribed for summary trials.

45 of 1860, (3) Nothing in this section shall affect the power of the Court to make a complaint under section 348 for the offence, where it does not choose to proceed under this section.

353. (1) When any such offence as is described in section 175, section

Proce- dure in certain

'•ases of contempt.

178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks lit, take cognizance of the offence and sentence the offender to fine not exceeding two hundred rupees, and, in default of payment, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.

(2) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.

(3) If the offence is under section 228 of the Indian Penal Code, the

45 of 1860.

record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

Proce- dure where Court considers that case should not be dealt with under s eo lion 353.

354. (1) If the Court in any case considers that a person accused of any of the offences referred to in section 353 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 353, such Court, after recording the facts constituting the offence and the statement of the accused as. hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with the complaint against the accused person in the manner provided in Chapter XV.

18 of 1908.

355. When the State Government so directs, any Registrar or any Sub-Registrar appointed under the Indian Registration Act, 1908, shall be deemed to be a Civil Court within the meaning of sections 353 and 354.

When Registrar of Sub- Registrar to be deemed a Civil Court.

Discharge of offender on sub- mission or apology.

356. When any Court has under section 353 adjudged an offender to punishment, or has under section 354 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

Imprison- ment or committal of person refusing to answer or produce document.

357. If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not offer any reason- able excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his per- sisting in his refusal, he may be dealt with according to the provisions of section 353 or section 354.

Summary- procedure for punish- ment for non- attend- ance by a witness in obedi- ence to summons.

358. (1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend to the summons and without just excuse, neglects or refuses to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offen- der an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.

(2) In every such case the Court shall follow, as nearly as may be

practicable, the procedure prescribed for summary trials.

359. (1) Any person sentenced by any Court other than a High Court under section 352, section 353, section 357 or section 358 may, notwith- standing anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

Appeals from convic- tions in contempt cases.

(2) The provisions of Chapter XXIX shall, so far as they are appli- cable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.

(/) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 355 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate.

360. Except as provided in sections 352, 353, 357 and 358, no Judge

oi a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 196, when such olTenco is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in th? course of a judicial proceeding.

Certain Judges and Magis- trates not lo try- certain offences when committed before them- selves.

CHAPTER XXVII

THE JUDGMENT

Judgment. 361. (i) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,—

(a) by delivering the whole of the judgment; or

(b) by reading out the whole of the judgment; or

(c) by reading out the operative part of the judgment and ex-

plaining the substance of the judgment.

(2) Where the judgment is pronounced under clause (a) of sub- section (T), the presiding officer shall cause it to be taken down in short- hand, sign the transcript and every page thereof as soon as It is made ready, and write on it the date of the pronouncement of the judgment In Court.

(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him.

(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (I), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.

(5) If the accused is in custody, he shall be brought up to hear the

judgment pronounced.

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted:

Provided that, where there are more accused than one, and some of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstand- ing their absence.

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.

(S) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 474.

362. (1) Except as otherwise expressly provided by this Code, every such judgment—

Language and con- tents of judgment.

(a) shall be written in the language of the Court or in English;

(b) shall contain the point or points for determination, the deci- sion thereon and the reasons for the decision;

45 of I860.

(c) shall specify the offence (if any) of which, and the section of the Indian Penal Code or other law under which, the accused is convicted and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty.

45 of 18tiO.

(2) When the conviction is under the Indian Penal Code and it is doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded.

(4) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead.

363. Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following parti- culars, namely: —

(a) the serial number of the case;

Metro- politan Magis- trate's judgment.

(b) the date of the commission of the offence;

(c) the name of the complainant (if any);

(d) the name of the accused person, and his parentage and residence;

(e) the offence complained of or proved;

(/) the plea of the accused and his examination (if any):

(fir) the final order;

(h) the date of such order;

(i) in all cases in which an appeal lies from the final order either under section 383 or under sub-section (5) of section 384, a brief statement of the reasons for the decision.

45 of I860.

Order for notifying address of previ- ously convicted offender.

364. (1) When an> person, having been convicted by a Court h; India of an offence punishable under section 215, section 489A, section 489B, section 489C, or section 489D of the Indian Penal Code, or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment for a term of three years or upwards, is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of Imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the exrnmtinn nf Hiirh sentence.

(2) The provisions of sub-section (1) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.

(5) If such conviction is set aside on appeal or otherwise, such order shall become void.

(4) An order under this section may also be made by an Appellate

Court or by the High Court when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry- out the provisions of this section relating to the notification of residence or change of or absence from residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule mav be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.

Order to pay com- pensation.

365. (1) When a Court inrooses a sentence of fine or a sentence (includ- ing a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied—

(a) in defraying expenses properly incurred in the prosecution;

(b) In the payment to any person of compensation for any loss or injury caused by the offence, when compensation Is. in the opinion of the Court, recoverable by such person in a Civil Court;

13 of 1&55.

(c) when any person Is convicted of any offence for having caused the death of another person or of having abetted the com- mission of such an offence, in paying compensation to the persona who are, under the Fatal Accidents Act. 1855 entitled to recover damages from the person sentenced for the loss resulting to them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having volun- tarily assisted In disposing of, stolen property knowing or having reason to believe the same to be stolen, In compensating anv bona •fide purchaser of such property for the loss of the same if such pro- perty Is restored to the possession of the person entitled thereto.

(2) If the fine is imposed In a case which Is subject to appeal, no such payment shall be made before the period allowed for presenting the

appeal has elapsed, or, if an appeal be presented, before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced.

(4) An order under this section may also be made by an Appellate

Court or by the High Court when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section.

366. (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one hundred rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit.

Compen- sation to persons ground- lessly given in chargia.

(2) In such cases, if more persons than one are arrested, the Magis- trate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such Magistrate thinks fit.

(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.

Order to pay costa in non- cogniza- ble cases.

367. (1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the costs incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple impri- sonment for a period not exceeding thirty days and such costs may in- clude any expenses incurred in respect of process-fees, witnesses and pleader's fees which the Court may consider reasonable.

(2) An order under this section may also be made by an Appellate

Court or by the High Court when exercising its powers of revision.

Order to release on probation of good conduct instead of

sentencing to im- prison- ment.

368. (1) When any person not under twenty-one years of age is con- victed of an offence punishable with fine only or with imprisonment for not more than seven years, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, re- gard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is ex- pedient that the offender should be released on probation of good con- duct, the Court may, instead of sentencing him at once to any punish- ment, direct that he be released on his entering into a bond, with or

without sureties, to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct and in the mean-time to keep the peace and be of good behaviour:

Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the pro- ceedings to a Magistrate of the first class, forwarding the accused to, or talcing bail for his appearance before such Magistrate, who shall dispose of the case in the manner provided by sub-section (2).

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.

• 45 of 1860.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Indian Penal Code punishable with not more than two years' imprison- ment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was¹ committed, instead of sentencing him to any punishment, release him after due admonition.

(4) An order under this section may be made by any Appellate Court or by the High Court when exercising its power of revision.

(5) When an order has been made under this section in respect of any offender, the High Court may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court shall not under this sub-section inflict a greater punishment than might have been inflicted by the Court by which the offender was convicted.

(6) The provisions of sections 122, 127 and 383 shall, so far as may be apply in the case of sureties offered in pursuance of ihe provisions of this section.

(7) The Court, before directing the release of an offender under sub section (1) shall be satisfied that an offender or his surety (if any) has i fixed place of abode or regular occupation in the place for which th< Court acts or in which the offender is likely to live during the perioc named for the observance of the conditions.

(8) If the Court which convicted the offender, or a Court which coulc have dealt with the offender in respect of his original offence, is satisflec that the offender has failed to observe any of the conditions of his recog nizance, it may issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence.

(10) Nothing in this¹ section shall affect the provisions of section 31 8 of 1897. of the Reformatory Schools Act, 1897.

369. Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment, shall alter or review the same, except to correct a clerical error.

Court not to alter judgment.

Copy of judgment to be given to accused.

370. (1) On the application of the accused, a certified copy of the judg-

ment, or when he so desires, a translation In his own language, 11 prac-

ticable, or in the language of the Court, shall he given to him without

delay and such copy shall, in every case where the judgment is appeal-

able by the accused, be given free of cost:

Provided that where a sentence of dealth is passed, confirmed or main-

tained by the High Court, a certified copy of the judgment shall be Imme-

diately given to the accused free of cost, whether or not he applies for

the same.

(2) The provisions of sub-section (1) shall apply in relation to an

order under section 118 as they apply in relation to a judgment which is

appealable by the accused.

(3) When the accused is sentenced to death by any Court and an appeal

lies from such judgment as of right, the Court shall inform him of the

period within which, if he wishes to appeal, his appeal should be preferred.

(4) When the accused is sentenced to Imprisonment, then, without

prejudice to the provisions of sub-section (7), a copy of the finding and

sentence shall, as soon as may be after the pronouncement of the judg-

ment, be given to the accused free of cost.

Judgment when to be tran- slated.

371. The original judgment shall be filed with the record of proceed- ings, and where the original is recorded in a different language from that of the Court, and the accused so requires, a translation thereof into the language of the Court shall be added to such record.

372. In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held.

Court of Session to send copy of flu ding and sen- tence to District Magis- trate.

373. Any person affected by a judgment or order passed by a Crlnun*t

Court shall, on application made in this behalf and payment of the pres-

cribed charges, be given a copy of such judgment or order or of any

deposition or other part of the record:

Copies of proceed- ings to persona affected.

Provided that the Court may, if it thinks fit for some special reason,

give it to him free of cost.

CHAPTER XXVIII

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

374. (I) When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

(2) The Court passing the sentence shall commit the convicted person Sentence of death to be sub- mitted by- Court of Session.

to jail custody under a warrant.

375. (1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct It to be made or taken by the Court of Session.

Power to direct further Inquiry to be made or addi- tional evidence to be taken.

(2) Unless the High Court otherwise directs, the presence of the con- vlcted person may be dispensed with when such inquiry is made or such evidence is taken.

(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.

376. In any case submitted under section 374, the High Court—

Power of High Court to

(a) may confirm the sentence, or pass any other sentence war-

ranted by law, or

confirm sentence or annul convic- tion.

(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or

(c) may acquit the accused person:

Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.

377. In every case so submitted the^ confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.

Confirma- tion of new sen- tence to be signed by two Judges. Proce- dure In case of difference of opinion.

378. When any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case, with their opinions thereon, shall be laid before another Judge, and such Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow such opinion.

379. In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the High Court and attested with his official signature, to the Court oi Session,

Pro- cedure in cases sub- mitted to High Court for confir- mation.

CHAPTER XXIX

APPEALS

380. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.

381. Any person whose application under sub-section (3) of section 86 for the delivery of property or the proceeds of the sale thereof has been rejected by any Court may appeal to the Court to which appeals ordinari- ly lie from the sentences of the former Court.

No appeal to lie unless otherwise provided. Appeal from order re- jecting ap- plication for resto- ration of attached property.

382. Any person who has been ordered under section 118 to give security for keeping the peace or for good behaviour may appeal against such order—

(a) if made by a Metropolitan Magistrate, to the High Court;

(b) if made by any other Magistrate, to the Court of Session:

Appeal from order re- quiring security for keep- ing the peace or for good behaviour.

Provided that nothing in this section shall apply to persons the pro- ceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 123.

383. Any person aggrieved by any order refusing to accept or rejec-

ting a surety under section 122 may appeal against such order,—

(a) if made by a Metropolitan Magistrate, to the High Court;

(b) If made by any other Magistrate, to the Court of Session.

Appeal from order refusing to accept or reject- ing a surptv

Appeals from con- victions.

384. (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an

Additional Sessions Judge may appeal to the High Court.

(3) Any person—

(a) convicted on a trial held by a Metropolitan Magistrate or

Assistant Sessions Judge or Magistrate of the first class, or

(b) sentenced under section 332, or (c) in respect of whom an order has been made or a sentence

has been passed under section 368 by any Magistrate,

may appeal to the Court of Session,

(4) Any person convicted on a trial held by a Magistrate of the second

class may appeal to the Chief Judicial Magistrate.

385. Notwithstanding anything contained In section 384, where an ac- cused person has pleaded guilty and has been convicted on such plea, there shall be no appeal—

(a) if the conviction is by a High Court; or

No appeal in certain cases when ac- cused pleads guilty.

(b) if the conviction Is by a Court of Session, Metropolitan Magis- trate or Magistrate of the first class, except as to the extent or legality of the sentence.

386. Notwithstanding anything contained in section 384, there shall be no appeal by a convicted person in any of the following cases, namely: —

No appeal in petty cases.

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprison- ment and fine;

(c) where a Magistrate of the first class passes only a sentence

of fine not exceeding two hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 268 passes only a sentence of. fine not exceeding two hundred rupees:

Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground—

(i) that the person convicted is ordered to furnish security to

keep the peace; or

(ii) that a direction for imprisonment in default of a payment of

fine Is included in the sentence; or

(in) that mote than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount herein- before specified in respect of the case.

387. (1) Save as otherwise provided in sub-section (2), the State Gov- ernment may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.

Appeal by the State Govern- ment against sentence.

25 of 1946 (2) If such conviction is in a case in which the offence has been investi- gated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, the Central Government may direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy.

(3) An appeal under this section shall He to the Court to which an

appeal by the person convicted in the case would lie under section 384.

Appeal in case of acquittal.

388. (7) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-section (5), the State Government may, in any case, direct the Public Prosecutor to¹ present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court.

26 of 194C (2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946, the Central Government may also direct the Public Prosecutor to present an appeal to the High Court from the order of acquittal.

(3) If such an order of acquittal is passed in any case instituted upor complaint and the High Court, on an application made to it by the com- plainant in this behalf, grants special leave to appeal from the order oi acquittal, the complainant may present such an appeal t6 the High Court

(4) No application under sub-section (3) for the grant of special leave to appeal from un order of acquittal shall be entertained by the High Couil after the expiry of sixty days from the date of that order of acquittal.

(5) If, in any case, the application under sub-section (3) for the grani of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1).

389. Where the High Court has, on appeal, reversed an order of acquit- tal of an accused person and convicted him and sentenced him to death or to imprisonment for life, he may appeal to the Supreme Court.

Appeal against convic- tion by High Court reversing an order of ac- quittal by persona sentenced to im- prison- ment for life.

390. Notwithstanding anything contained in this Chapter, when mor< persons than one are convicted in one trial, and an appealable judgmeni or order has been passed in respect of any of such persons, all or any oJ the persons convicted at such trial shall have a right of appeal.

Special right of appeal in certain cases.

391. (1) Subject to the provisions of sub-section (2), an appeal to th< Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge.

Appeal to Court of Session how- heard, (2) An Additional Sessions Judge shall hear only such appeals as th< Sessions Judge of the division may, by general or special order, make ovei to him or as the High Court may, by special order, direct him to hear.

Petition of appeal, 392. Every appeal shall be made in the form of a petition in writinj presented by the appellant or his pleader, and every such petition shal (unless the Court to which it is presented otherwise directs) be accom panied by a copy of the judgment or order appealed against.

393. If the appellant is in jail, he may present his petition of appea and the copies accompanying the same to the officer in charge of the jail who shall thereupon forward such petition and copies to the prope: Appellate Court.

Proce- dure when appellant in jail.

Summary dismissal of appeal.

394. (1) If upon examining the petition of appeal and copy of th" judgment received under section 392 or section 393, the Appellate Cour considers that there is no sufficient ground for interfering, it may dismis the appeal summarily:

Provided that—

(a) no appeal presented under section 392 shall be diSmisse< unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 393 shall be dismissed summarily until the period allowed for preferring such appeal has expired.

(2) Before dismissing an appeal under this section, the Court may call

for the record of the case, but shall not be bound to do so.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of a Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 393 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 392 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 403, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.

395. (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given—

(i) to the appellant or his pleader;

(ii) to such officer as the State Government may appoint in this

Proce- dure for hearing appeals not dis- missed sum- marily.

behalf;

(tii) if the appeal is from a judgment of conviction in a case ins-

tituted upon complaint, to the complainant;

{iv) if the appeal is under section 387 or section 388, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if

such record is not already available in Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

Powers of the Appellate Court.

396. After perusing such record and hearing the appellant or his pleader, if he appears and the Public Prosecutor if he appears, and in case of an appeal under section 387 or section 388, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may—

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re- tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;

(b) in an appeal from a conviction or for enhancement of

sentence,—

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent

jurisdiction subordinate to such Appellate Court or committei for trial, or

(ii) alter the finding, maintaining the sentence, or

(in) with or without altering the finding, alter the natur? or the extent, or the nature and extent, of the sentence whethe so as to enhance or to reduce the same;

(c) in an appeal from any other order, alter or reverse sue)

order;

(d) make any amendment or any consequential or lncidenta

order that may be just or proper:

Provided that In an appeal from a conviction, the sentence shall no be enhanced under sub-clause (iii) of clause (b) unless the accused hai had an opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict great© punishment for the offence which in its opinion the accused has com mitted, than might have been inflicted for that offence by the Cour passing the order or sentence under appeal.

397. The rules contained in Chapter XXVII as to the judgment of i Criminal Court of original jurisdiction shall apply, so far as may b" practicable, to the judgment in appeal of a Court of Session or of a Chie: Judicial Magistrate:

Judgments of sub- ordinate Appellate Court.

Provided that, unless the Appellate Court otherwise directs, tht accused shall not be brought up, or required to attend, to hear judgmeni delivered.

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

398. (1) Whenever a case is decided on appeal by the High Couri under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded oi passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate; and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and, if necessary, the record shall be amended in accordance therewith.

399. (1) Pending any appeal by a convicted person, the Appellate

Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he Is in confinement, that he be released on bail, or on his own bond.

Suspen- sion of sentence pending the appeal; release of appel- lant on bail.

(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a con- victed person to a Court subordinate thereto.

(3) When any person is sentenced to imprisonment, by a Court, for a term not exceeding one year, and an appeal lies from that sentence, the Court may, if the convicted person satisfies the Court that he intends

to present an appeal, order that he be released on bail for a period suffi- cient in the opinion of the Court to enable him to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

(4) When the appellant is ultimately sentenced to imprisonment lor a term or to imprisonment for life, the time during which he is so re- leased shall be excluded in computing the term for which he is so sentenced.

Arrest of accused in appeal from acquittal.

400. When an appeal is presented under section 388, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

401. (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.

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

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.

(3) Unless the Appellate Court otherwise directs, the accused or his

pleader shall be present when the additional evidence is taken.

(4) The taking of evidence under this section shall be subject to the

provisions of Chapter XXIII, as if it were an inquiry.

402. When an appeal under this Chapter is heard by a High Court before a Bench of two Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge oi that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion:

Pioce- dure where Judges of Court of Appeal are equally divided.

Provided that if either of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a Bench of three or more Judges.

403. Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for In section 387, section 388, sub-section {f) of section 394 or Chapter XXX:

Finality of judgments and orders on appeal.

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits—

(o) an appeal against acquittal under section 388, arising out

of the same case, or

(b) an appeal for the enhancement of sentence under section 387, arising out of the same case, except where the question of en- hancement has already been considered by the Court in the appeal

against conviction.

404. (1) Every appeal under section 387 or section 388 shall finally

abate on the death of the accused.

Abate- ment of appeals.

(2) Every other appeal under this Chapter (except an appeal from

" sentence of fine) shall finally abate on the death of the appellant:

Provided that where the appeal is against a conviction and sentence of death or imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to con- tinue the appeal; and if leave is granted, the appeal shall not abate.

Explanation.—In this .section, "near relative" means a parent, spouse,

lineal descendant, brother or sister.

CHAPTER XXX

REFERENCE AND REVISION

Reference to High Court.

405. (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regula- tion or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.

10 of 1887,

Explanation.—In this section, "Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act, 1897, or in the General Clauses Act of a State.

(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.

(3) Any Court making a reference to the High Court under sub- section (I) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on tail to appear when called upon.

406. (1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made whinh shall dispose of the case conformably to the said order.

(2) The High Court many direct by whom the costs of such reference

Disposal of case according to deci- sion of High Court.

shall be paid.

Power to call for records of inferior Courts, 407. (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, not being an interlocutory order, recorded or passed, and as to the regularity of any proceedings of such inferior

Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and, if the accused is in con- finement, that he be released on bail or on his own bond pending the examination of the record.

Explanation.—All Magistrates, whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 409.

(2) The District Magistrate shall have and may exercise all the powers of the Sessions Judge under sub-section (1) in respect of any proceeding before any Executive Magistrate.

(3) If an application under this section has been made either to the Sessions Judge or to the District Magistrate, no further application shall be entertained by the other of them.

Power to order Inquiry.

408. On examining any record under section 407 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any sub- ordinate Magistrate to make, further Inquiry into any complaint which has been dismissed under section 208 or sub-section (4) of section 209, or into the case of any person accused of an offence who has been dis- charged:

Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

40,9. (1) When, on examining the record of any case under section 407 Power to order commit- ment.

or otherwise, the Sessions Judge considers that such case is triable exclusively by the Court of Session and that an accused person has been improperly discharged by the inferior Court, the Sessions Judge may cause him to be arrested, and may thereupon, instead of directing a fresh Inquiry, order him to be committed to the Court of Session for trial upon the matter of which he has been, in the opinion of the Sessions Judge improperly discharged:

Provided that the accused shall be given an opportunity of showing

cause to such Judge why the order should not be made.

(2) If such Judge thinks that the evidence shows that some other offence has¹ been committed by the accused, such Judge may direct the inferior Court to inquire into such offence.

Report to High Court

410. The Sessions Judge or the District Magistrate may, if he thinks fit. on examining under section 407 or otherwise the record of any pro- ceeding, report for the orders of the High Court the result of such examination, and, when such report contains a recommendation that a sentence or an order, not being an interlocutory order, be reversed or altered, may order that the execution of such sentence or order be suspended, and, if the accused is in confinement, that he be released on bail or on his own bond.

Power of Additional Sessions Judge.

411. An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.

High Court's powers of revision.

412. (1) In the case of any proceeding the record of which has been called for by itself or which has been reported for its orders, or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 396, 399, 400 and 401 or on a Court of Session by section 314 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 402.

(2) No order under this section shall be made to the prejudice of the accused unless he has had an opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court

to convert a finding of acquittal into one of conviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

Option of Court to hear parties.

413. Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

414. When the record of any Metropolitan Magistrate is called for by the High Court under section 407, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue; and the Court shall consider such statement before overruling or setting aside the said decision or order.

Statemem by Metro- politan Magis- trate of grounds of his decision to be con- sidered by High Court.

415. When a case is revised under this Chapter by the High Court, it shall, in the manner hereinbefore provided by section 398, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and 'the Court or Magistrate to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith.

High Court'* order to be certi- fied to lower Court or Magis- trate.

CHAPTER XXXI

TRANSFER OF CRIMINAL CASES

416. (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction sub- ordinate to another High Court.

(2) The Supreme Court may act under this section only on the appli- cation of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.

417. (2) Whenever it is made to appear to the High Court—

(a) that a fair and impartial inquiry or trial cannot be had In

any Criminal Court, subordinate thereto, or

(b) that some question of law of 'inusual difficulty is likely to

Power of High Court to transfer cases and appeals.

arise, or

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice,

it may order—

(i) that any offence be inquired into or tried by any Court not qualified under sections 180 to 187 (both inclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

(Hi) that any particular case be committed for trial to a Court

of Session; or

(iv) that any particular case or appeal be transferred to and tried

before itself.

(2) The High Court may act either on the report of the lower Court,

or on the application of a party interested, or on its own initiative:

Provided that no application shall li? to the High Court for transferring a case from one Criminal Court to nnother Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

(3) Every application for an order under sub-section (2) shall be made by motion, which shall, except when the applicant Is the Advocate- General, be supported by affidavit or affirmation.

(4) When such application is made by an accused person, the High Court may direct him to execute a bond, with or without sureties, for the payment of any compensation which the High Court may award under sub-section (7).

(5) Every accused person making sue¹! application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on

the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application.

(6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is neces- sary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose:

Provided that such stay shall not affect the subordinae Court's power of remand under section 316.

(7) Where an application for an order under sub-section (/) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case.

(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, It shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred.

(9) Nothing in this section shall be deemed to affect any order of Gov- ernment under section 200.

418. (1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may direct—

(a) that any particular case be transferred from one Criminal

Power of Sessions Judge to transfer easea and appeals.

Court to another Criminal Court in his sessions division;

(fa) that any particular appeal be transferred from the Court of a Chief Judicial Magistrate in his sessions division to his own Court.

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.

(1) The provisions of sub-sections (3), (•/), (5), (6), (7) and (P) of section 417 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) of this section as they apply in relation to an application to the High Court for an order under sub-section (J) of section 417, except that sub-section (7) of that section shall so apply after substituting for the words "one thousand rupees" occurring therein, the words "two hundred and fifty rupees".

419. (i) A Sessions Judge may withdraw any case from, or recall any case which he has made over to, any Assistant Sessions Judge subordinate to him.

With- drawal of cases and appeals by Sessions Judges.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge.

(3) Where a Sessions Judge _ withdraws or recalls a case or appeal

under sub-section (7) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another Court for trial or hearing, as the case may be.

With- drawal of cases by Judicial Magis- trate*.

420. (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 193 to any other Magistrate and may inquire into or try such case himself.

421. Any District Magistrate or Sub-divisional Magistrate may—

(a) make over any case, of which he has taken cognizance for

Inquiry to any Magistrate subordinate to him;

Makinf over or withdra- wal of cases by Executive Magis- trates.

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and inquire into such case himself or refer if for inquiry to any other such Magistrate.

Reasons to be re- corded.

422. A Sessions Judge or Magistrate making an order under section 418, section 419, section 420 or section 421 shall record his reasons for making it.

CHAPTER XXXU

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death sentences

423. When in a case submitted to the High Court for the confirmation of

Execution of order passed under Section 376.

a sentence of death, the Court of Session receives the order of confirma- tion or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary.

424. When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant.

Execution of sent- ence of death passed by High Court

425. (I) Where a person is sentenced to death by the High Court and an appeal from its. judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution of India, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or, if an appeal is preferred within. that period, until such appeal is disposed of.

Postpone- ment af execution of sen- tence of death In case of appeal to SuprenM Court.

(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution of India, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired.

(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced Intends to present a petition to the Supreme Court for the grant of special leave to appeal under article 136 of the Constitution of India, the High Court shall order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such petition.

426. If a woman sentenced to death is found to be pregnant, the High Court shall order the execution of the sentence to be postponed, and may, if it thinks fit, commute the sentence to imprisonment for life.

B.—Imprisonment

427. (I) Except when otherwise provided by any law for the time being In force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Code shall be confined.

Postpone- ment of capital sentence on pregnant woman. Power to appoint place of imprison- ment.

(2) If any person liable to be imprisoned or committed to custody under this Code is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal Jail.

(3) When a person Is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either—

5 of 1908.

6 of 1920.

(a) three years have elapsed since he was removed to the crimi- nal jail, In which case he shall be deemed to have been released from the civil Jail under section 58 of the Code of Civil Procedure, 1908, or section 23 of the Provincial Insolvency Act, 1920, as the case may be; or

5 of 1908. 5 of 1920.

(b) the Court which ordered his Imprisonment in the civil Jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Proce- dure, 1908, or under section 23 of the Provincial Insolvency Act, 1920, as the case may be.

Execution of sen- tence or imprison- ment 428. (1) Where the accused is sentenced to Imprisonment for life or to Imprisonment for a term in cases other than those provided for by section 423, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he Is, or Is to be, confined, and, 1 unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant:

Provided that where the accused tis sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward • warrant to a jail, and the accused may be confined in such place as tli" 2ourt may direct.

(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (I), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest.

429. Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.

Direction of warrant for exe- cution.

430. When the prisoner is to be confined in a jail, the warrant shall be

lodged with the jailor.

Warrant with whom to be lodged.

C.—Levy of fine

Warrant for levy of fine.

431. (1) When an offender has been sentenced to pay a fine, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may—

(a) issue a warrant for the levy of the amount by attachment

and sale of any movable property belonging to the offender;

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the mov- able or immovable property, or both, of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary to do so, or unless it has made an order for the payment of expenses or compensation out of the fine under section 365.

(2) The State Government may make rules regulating the manner In which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such, warrant.

(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law:

Provided that no such warrant shall be executed by the arrest or

detention in prison of the offender.

ESect of aucb warrant.

432. A warrant issued under clause (a) of sub-section (1) of section 431 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found.

Warrant for levy of fine issued by a Court In Jammu and Kashmir.

433. Notwithstanding anything contained in this Code or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in the State of Jammu and Kashmir and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Code extends authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 431 by a Court in the territories to which this Code extends, and the provisions of sub-section (3) of the said section as to the execu- tion of such warrant shall apply accordingly.

434. (1) When an offender has been sentenced to fine only and to impri- sonment in default of payment of the fine, and the fine is not paid forth- with, the Court may—

Suspen- sion of execution of sen- tence of imprison- ment.

(a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three instalments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bend, with or without sureties, as the Court thinks fit, conditioned for his appear- ance before the Court on the date or dates on or before which payment of the fine or the instalments thereof, as the case may be, is to be made; and if the amount of the fine or of any instalment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case

in which an order for the payment of money has been made on non-recov- ery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub- section, falls to do so, the Court may at once pass sentence of imprison- ment.

D.—General provisions regarding execution

Who may issue warrant.

435. Every warrant for the execution of a sentence may be Issued either by the Judge or Magistrate who passed the sentence, or by his successor in office.

436. (1) When a sentence of death, imprisonment for life or fine is oassed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately.

(2) When a sentence of imprisonment for a term is passed under this

2ode on an escaped convict,—

Sentence on escaped convict when to take effect.

(a) if such sentence is severer In kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately;

(fa) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence.

(3) For the purposes of sub-section (2),—

(a) a sentence of imprisonment with solitary confinement shall be deemed to be severer in kind than a sentence of the same description of Imprisonment without solitary confinement;

(b) a sentence of rigorous imprisonment shall be deemed to be severer In kind than a sentence of simple imprisonment with or with- out solitary confinement.

437. (1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concur- rently with such previous sentence:

Sentenco on offender already sentenced for an- other offence.

Provided that where a person who has been sentenced to Imprisonment by an order under section 123 in default of furnishing security Is, whilst undergoing such sentence, sentenced to imprisonment for an offence com- mitted prior to the making of such order, the latter sentence shall com- mence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.

Saving.

438. (1) Nothing in section 436 or section 437 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person un- dergoing the sentence Is after its execution to undergo a further substan- tive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences.

Return of warrant "n execu- tion of sentence.

430. When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it Is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed.

440. Any money (other than a fine) payable by virtue of any order made under this Code, and the method of recovery of which is not other- wise expressly provided for, shall be recoverable as If it were a fine:

Money ordered to b" paid recover- able as a fine.

Provided that section 431 shall, in its application to an order under sec- tion 367, by virtue of this section, be construed as if in the proviso to sub- section (1) of that section, after the words and figures "under section 365" the words and figures "or an order for payment of costs under section 307" had been added.

E.—Suspension, remission and commutation of sentences

Power to suspend or remit sentences.

441. (I) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the con- viction was had or confirmed to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remit- ted is, in the opinion of the appropriate Government, not fulfilled, the ap- propriate Government may cancel the suspension or remission, and there- upon the person in whose favour the sentence has been suspended or re- mitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence.

(4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will.

(5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the condi- tions on which petitions should be presented and dealt with:

Provided that in the case of any sentence (other than a sentence of fine) passed oti a male person above the age of eighteen years, no such peti- tion by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and—

(a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or

(b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail.

(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Code or of any other law which restricts the liberty of any person or imposes any liability upon him or his property.

(7) In this section and in section 442, the expression "appropriate Gov- ernment" means—

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends the Central Government;

(b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed.

442. The appropriate Government may, without the consent o£ the

person sentenced, commute—

Power to commute sentence.

45 of 1860.

(a) a sentence of death, for any other punishment provided by

the Indian Penal Code;

(b) a sentence of imprisonment for life, fot imprisonment for a

term not exceeding fourteen years or for fine;

(c) a sentence of rigorous imprisonment, for simple imprisonment

for any term to which that person might have been sentenced or for fine;

(d) a sentence of simple imprisonment, for fine.

443. The powers conferred by sections 441 and 442 upon the State Gov- ernment may, in the case of sentences of death, also be exercised by the Central Government.

Concur- rent power of Central Govern- ment in case of death sentences.

444. (1) The powers conferred by sections 441 and 442 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence—

25 of 1946.

(a) which was investigated by the Delhi Special Police Establish- ment constituted under the Delhi Special Police Establishment Act, 1946, or

(b) which involved the misappropriation or destruction of, or State Govern- ment to act with the con- currence of Central Govern- ment in certain cases.

damage to, any property belonging to the Central Government, or

(c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty,

shall not be exercised by the State Government except with the con- currence of the Central Government.

(2) No order of suspension, remission or commutation of sentences

passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the execu- tive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently shall have effect unless an order for the suspension, remission or commutation as the case may be of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to mat- ters to which the executive power of the Union extends.

CHAPTER XXXIII

PROVISIONS AS mo BAIL AND BONDS

In what cases bail to be taken, 445. (I) When any person other than a person accused of a non-bailable oiience is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody oi such officer ox at any stage of the proceeding beiore such Court to give bail, such person shall be released on bail:

Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond with- out sureties ior his appearance as hereinafter provided:

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 117.

(2) Notwithstanding anything contained in sub-section (I), where a person who was once released on bail has failed to comply with the condi- tions of the bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 455.

44

any non-bailable oflence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appear reasonable grounds for believing that he has been guilty of an oiience punishable with death or imprisonment for life:

Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail.

(2) If it appears to such officer or Court at any-stage of the investiga- tion, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into Ma guilt, the accused shall, pending such inquiry, be released on bail, or, ai the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided-

45 of 1860.

[..f When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court may impose any condition which the Court considers necessary—

(a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or

(b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission oi which he is suspected, or

fe) otherwise in the interests of justice.

(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons for so do- ing.

(5) Any Court which has released a person on bail under sub-section t(l) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.

(7) If, at any time after the conclusion of the trial of a person accused Of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in cus- tody, on the execution by him of a bond without sureties for his appear- ance to hear judgment delivered.

447. (1) When any person has reason to believe that he may be ar- rested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

Direction for grant of bail to person ap- prehend- ing arrest

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cogniz- ance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in confor- mity with the direction of the Court under sub-section (1).

448. (I) A High Court or Court of Session may direct-

fa) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub- section (3) of section .446, may impose any condition which it con- siders necessary for the purposes mentioned in that sub-section;

Special powers of High Court or Court of Session regarding ball

(b) that any condition imposed by a Magistrate when releasing any person oh bail be set aside or modified:

Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that It Is not practicable to give such notice.

(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and com- mit him to custody.

449. (1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.

Amouflt of bond ahd re- duction tnereot.

(2) The High Court or Court of Session may direct that the bail re-

quired by a police officer or Magistrate be reduced.

Bond oi accused and sureties.

450. (1) Before any person is released dn bail or released on his own bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties condition- ed that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be.

(2) Where any condition is imposed for the release of any person en

bail, the bond shall also contain that condition.

(3) If the case so requires, the bond shall also bind the person re- leased on bail to appear when called upon at the High Court, Court oi Session or other Court to answer the charge.

(4) For the purpose of determining whether the sureties are sufficient, the Court may, if it so thinks fit, accept affidavits in proof of the facts contained therein relating to the sufficiency of the sureties or may make such further inquiry as it deems necessary.

Discharge from custody.

451. (I) As soon as the bond has been executed, the person for whose ] appearance it has been executed shall be released; and, when he Is in i jail, the Court admitting him to bail shall issue an order of release to c the officer in charge of the jail, and such officer on receipt of the orders shall release him.

(2) Nothing in this section, section 445 or section 446 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed.

452. If, through mistake, fraud, or otherwise, insufficient sureties have I Power to been accepted, or if they afterwards become insufficient, the Court c order sufficient may issue a warrant of arrest directing that the person released on bail jj bail when be brought before it and may order him to find sufficient sureties, and, ^ that first t on his failing so to do, may commit him to jail. taken ia insuffi- i; cient. c 453. (1) All or any sureties for the attendance and appearance of a j Discharge of sureties.

person released on bail may at any time apply to a Magistrate to dls- o charge the bond, either wholly or so far as relates to the applicants. a

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought mtnve him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be dis- charged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to custody.

Deposit instead of recogni- zance.

454. When any person is required by any Court or officer to execute a bound with or without sureties, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix, in lieu of executing such bond.

Proce- dure on forfeited, of bond,

455. (1) Where a bond under this Code is for appearance, or for pro- duction of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been Uansferred, that the bond has been forfeited,

or where, in respect of any other bond under this Code, it is proved tc the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been for- feited,

the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid.

Explanation.—A condition in a bond for appearance, or for produc- tion of property, before a Court shall be construed as including a condi- tion for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred,

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Code.

(3) The Court may, at its discretion, remit any portion of the penalty mentioned and enforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond.

(5) Where any person who has furnished security under section 107 or section 118 or section 368 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under soction 457, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that each offence was committed by him unless the contrary is proved.

Proce- dure in case of insolvency or death of surety or when a bond is forfeited.

45G. When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 455, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demand- ed to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magis- trate may proceed as if there had been a default in complying with such original order.

457. When the person required by any Court, or officer to execute a bond is a minor, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

Bond required from minor.

458. All orders passed under section 455 by any Magistrate shall be appealable to the Sessions Judge, or, if not so appealed, may be revised by him,

Appeal from and revision of orders.

459. The High Court or Court

levy the amount due on a bond to appear and attend at such High Court "r Court of Session.

Power to direct levy of amount due on certain recog- nizances.

CHATTER XXXIV

DISPOSAL OF PROPERTY

Order for cus- tody and disposal of property pending trial in certain cases.

460. When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any Criminal Court during any in- quiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy or natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Order for dis- posal of property at conclu- sion of trial.

461. (i) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fit for the disposal, by destruc- tion, confiscation or delivery to any person claiming to be entitled to pos- session thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

(2) An oTder may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without sureties, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.

(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 466, 467 and 468.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub- section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section, the term "property" Includes, in the case of pro- perty regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

Payment to innocent purchaser of money found on accused.

462. When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing, or having reason to believe, that the same was stolen, and that any money has on his arrest been taken out of the possession of the convict- ed person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the posses- sion thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

463. (1) Any person aggrieved by an order made by a Court under section 461 or section 462, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

Appeal

against

orders

under

section

481 or

462.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

45 of 1860.

Destruc- tion of libellous and other matter.

464. (1) On a conviction under section 292, section'293, section 501 or EWtion 502 of the Indian Penal Code, the Court may order the destruc- tion of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the posses- sion or power of the person convicted.

45 of 1860.

(2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of the Indian Penal Code, order the food, drink, drug or medical preparation in respect of which the convic- tion was had to be destroyed.

Power to restore possession of immov- able property.

'465. (1) When a person Is convicted of an offence attended by crimi- nal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any per- son has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that per- son after evicting by force, if necessary, any other person who may be in possession of the property:

Provided that no such order shall be made by the Court more than

one month after the date of the conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, If It thinks fit, make such order while disposing of the appeal, reference QV revision, as the case nv"T be,

(3) Where an order has been made under sub-section (1), the provi- sions of section 463 shall apply in relation thereto as they apply in rela- tion to an order under section 462.

(4) No order made under this section shall prejudice any right or in- terest to or in such immovable property which any person may be able to establish in a civil suit.

pro- cedure by police upon seizure of property.

466. (1) Whenever the seizure of property by any police officer is re- ported to a Magistrate under the provisions of this Code, and such pro- perty is not produced before a Criminal Court during an inquiry or trial the Magistrate may make such order as he thinks fit respecting the dis- posal of such property or the delivery of such property to the person en- titled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Ma- gistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, appear before him and establish his claim within sis months from the date of such proclamation.

467. (1) If no person within such period establishes his claim to suet property, and If the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate .may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.

Procedure where no claimant appcara within six months.

(2) An appeal shall lie against any such order to the Court to whicr

appeals ordinarily lie from convictions by the Magistrate.

Power to sell peri- shable property.

468. If the person entitled to the possession of such property is un- known or absent and the property is subject to speedy and natural de- cay, or if the Magistrate to whom Its seizure is reported is of opinior that Its sale would be for the benefit of the owner, or that the value oj such property is less than ten rupees, the Magistrate may at any time direct It to be sold; and the provisions of sections 466 and 467 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

CHAPTER XXXV

IRREGULAR PROCEEDINGS

469. If any Magistrate not empowered by law to do any of the follow- ing things, namely:—

(a) to issue a search-warrant under section 94;

Irregu- larities which do not vitiate proceed^ (b) to order, under section 157, the! police to investigate ar offence;

(c) to hold an inquest under section 179;

(d) to Issue process under section 189, for the apprehension oi

a person within his local jurisdiction who has committed an oftfenct outside such limits;

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (I) of section 191;

(/) to make over a case under sub-section (2); of seftirm iaa-

(g) to tender a pardon under section 313;

(h) to recall a case and try It himself under section 420; or

(i) to sell property under section 467 or section 468,

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

470. If any Magistrate, not being empowered by law in this behalf,

does any of the following things, namely: —

(a) attaches and sells property under section 84;

Irregulari- ties which vitiate proceed- ings.

(b) issues a search-warrant for a document, parcel or other

thing in the custody of a postal or telegraph authority;

(c) demands security to keep the peace;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour;

(f) cancels a bond to keep the peace;

(g) makes an order for maintenance;

(h) makes an order under section 136 as to a local nuisance;

(i) prohibits, under section 145, the repetition or continuance of

a public nuisance;

(j) makes an order under Part C or D of Chapter X;

(k) takes cognizance of an offence under clause (c) of sub-sec-

tion (1) of section 191;

(I) tries an offender;

(m) tries an offender summarily;

(n) passes a sentence, under section 332, on proceedings record-

ed by another Magistrate;

(o) decides an appeal;

(p) calls, under section 407, for proceedings; or

(q) revises, under section 458, an order passed under section 455,

his proceedings shall be void.

Proceed- ings in wrong place.

471. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it ap- pears that such error has in fact occasioned a failure of justice.

Non-com- pliance with pro- visions of section 167 or 288.

1 of 1872. 472- (1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 167 or section 288, is tendered, or has been received, in evidence finds that any- of the provisions of either of such sections have not been com- plied with by the Magistrate recording the statement, it may, notwith- standing anything contained in section 91 of the Indian Evidence Act, 1872, take evidence in regard to such non-compliance, and may, if satis- fled that such non-compliance has not injured the accused In his defence on the merits and that he duly made the statement recorded, admit such statement.

(2) The provisions of this section apply to Courts of appeal, reference

and revision.

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

473. (1) No finding, sentence or order by a Court of competent juris- diction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.

(2) If the Court of appeal, confirmation or revision is of opinion that a

failure of justice has in fact been occasioned, it may—

(a) in the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge;

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:

Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.

474. (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed; or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings¹ before or during trial or in any inquiry or other proceedings under this Code, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

Finding or sen- tence when reversible by reason of error, omission of irregu- larity.

(2) In determining whether any error, omission or irregularity In any proceeding under this Code has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings.

475. No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ oi attachment or other proceedings relating thereto.

Attach- ment not illegal, person making same not trespasser for defect or want of form in proceed- ings.

CHAPTER XXXVI

MlSCELLANKOUS

476. When an offence is tried by the High Court, it shall, in the trial of the offence, observe the same procedure as a Court of Session would observe if it were trying the case.

Trials before High Courts. Delivery to com- manding officers of persons liable to be tried by Court- martial.

477. (1) The Central Government may make rules consistent with this Code and the Army Act, 1950, the_Navy Act, 1957, and the All Force Act, 1950, and any similar law for'the time being in force, as to cases in which persons subject to military, naval or air force law, shall be tried by a Court to which this Code applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he Is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard

to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, fbi the purpose of being tried by a Court-martial.

Explanation.—In this section, "unit" includes a regiment, corrjs, ship¹

or detachment.

(2) Every Magistrate shall, on receiving a written application for

that purpose by the commanding officer of any body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost en- deavours to apprehend and secure any person accused of such offence.

(3) A High Court may; if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court- martial.

Worms.

478. Subject to the power conferred by article 227 of the Consti- tution of India, the forms set forth in the Second Schedule, with such variation as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

479. (1) Every High Court may, with the previous approval of the

State Government, make rules—

(a) as to the persons who may be permitted to act as petition

writers in the Criminal Courts subordinate to it;

(b) regulating the issue of licences to such persons, the conduct

of business by them, and the scale of fees to be charged by them;

Power of High Court to make rules in respect of petition writers.

(c) any other matter which is required to be, or may be, pres-

cribed;

(d) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed.

(2) All rules made under this section shall be published in the Official

Gazette.

Construc- tion of

references to Magis-

trates.

480. The State Government may, if it is, after consultation with the High Court, of opinion that it is necessary so to do in the interests of administration of criminal justice, it may, by notification, direct that references to a First Class Magistrate in sections 109, 110 and 111 shall be construed as references to an Executive Magistrate of the first class and references in sections 146 and 148 to an Executive Magistrate shall be construed as reference to an Executive Magistrate of the first class.

481. No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally Interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Casein which Judge or Magis- trate Is personal- ly inte- rested.

Explanation.—A Judge or Magistrate shall not be deemed to be a party or personally interested, within the meaning of this section, to or in any case by reason only that he is concerned therein in a public capacity, or

by reason only that he has viewed the place in which an offence Is allegec to have been committed or any other place in which any other transae tion material to the case is alleged to have occurred and made an inquiry In connection with the case.

482. No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local lurisdic- tion of that Court.

483. A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid foi the property.

Practising pleader not to sit ea Magis- trate in certain Courta. Public servant concern- ed in sals not to purchase or bid for property.

484. Nothing in this Code shall be deemed to limit or affect the inherent power of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

485. Notwithstanding anything contained in sections 44 to 47 (both inclusive), no member of the Armed Forces shall be arrested, except after obtaining the previous consent of the Central Government, for anything which is in good faith done or intended to be done by him under this Code.

45 of I860.

486. No Court shall take cognizance of any offence committeed by a member of the Armed Forces against the Indian Penal Code except on a complaint in writing made with the previous sanction of tile Central Government.

Saving of inherent powers of High Court Protec- tion of members of the Armed Forces from arrest. Cognis- ance of offences by mem bers of Armed Forces*

487. Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.

Duty of High Court to exercise continu- ous superin- tendence over Courts oi Judicial Magis- trate*.

488. (1) The Code of Criminal Procedure, 1898, is hereby repealed.

5 of 1898,

Repeal and savings.

5 of 1896.

(2) Notwithstanding such repeal, if, immediately before the date on which this Code comes into force in a State or Union territory, here is any appeal, application, trial, inquiry or investigation pending in such State or Union territory, then, such appeal, application, trial, inquiry or investigation shall be disposed of. continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Pro- cedure, 1898, as if this Code had not come into force in such State or Union territory.

THE FIRST SCHEDULE

1 2 2 6

CLASSIFICATION OF OFFENCES

EXPLANATORY NOTE : (1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the

number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian Penal Code, but merely as indication of the substance of the section.

T H E

(2) In this Schedule, (i) the expression "Magistrate of the first class" and "Any Magistrate" include Metropolitan Magis-

trates but not Executive Magistrates ; (ii) the word "cognizable" stands for "a police officer may arrest without warrant'- and (iii) the word "non-cognizable" stands for "a police officer shall not arrest without warrant."

G A Z E T T E

I.—OFFENCES UNDER THE INDIAN PENAL CODE

O F

I

Py what Court triable

Punishment

Offence

N D

I

Bailable or non- bailable

Cognizable or "

non-cognizable

Sec- tion

A

6

5

1

4

2

3

E X T R A O R D

I

CHAPTER V—ABETMENT

N A R Y

Court by which offence 109

Same as for offence abetted

According as

abetted is triable.

offence abetted is bailable or non-bailable.

Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.

According as

offence abetted

is cognizable or

non-cognizable

[

110

Ditto

Ditto

Ditto

Ditto

P A R T

f t Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor.

—

Same as for offence intended to be abet-

111

Ditto

Ditto

Ditto

ted.^

S L C

.

Abetment ol any offence, when one act u abetted and a different act is done; subject to the proviso.

2

]

113

Same puaishmsnt as for offenes com- Ditto

Ditto

Ditto

mitted,

Abetment of any offence, when an effect is caused by the act abetted different fromj that intended by the abettor.

T H E

Abetment of any offence, if abettor is present

114

Ditto

Cognizable if

Ditto

Ditto

when offence is committed.

offence abetted is cognizable butDit other- wise.

G A Z E T T E

O F Imprisonment for 7 years and fine.

115

Ditto

Non-bailable

Ditto

I

N D

I Abetment ot an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment.

A

If an act which causes harm be done in Imprisonment for 14 years and fine.

Ditto

Ditto

Dittos

consequence of the abetment.

Imprisonment extending to a quarter

116

E X T R A O R D

Ditto

I

part of the longest term, provided for the offence, or fine, or both.

Abetment of an offence punishable with imprisonment, if the offence be not com- mitted in consequence of the abetment

According as

offence abetted

is cognizable or

non-cognizable.

N A R Y

According as offence abetted is bailable or non-bailable.

If the abettor or the psrsoa abetted be aj Imorisoaneat ettsaiiaj to half of Ditto;

Ditto"

Ditto

the longest term, provided for the ^ence,_j or fine, or both.

public servant whose duty it is to prevent the offence.

Imprisonment for 3 years, orj fine, or

117

Ditto

Ditto

Ditto

both.

A oetting the commission of an offence by the public or by more than ten persons.

7 3 2 7

1 2 2 8 Offence

i what Court triable

Punishment Cognizable or Bailable or non- Bj

Sec- tion

non-cognizable bailable

6 1 2

3

4 5

T H E

118

Imprisonment for 7 years and fine. \

Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed.

Court by which offence abetted is triable.

According as offence Non-bailable abetted is cognizable or non-cognizable.

Imprisonment for 3 years and fine. Ditto

If the offence be not committed

Ditto

Bailable

G A Z E T T E

Ditto 119

O F

I A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed.

Imprisonment extending to half of the longest term, provided for the offence, or fine, or both.

N D

I

According as offence abet- ted is bailable or non-bailable.

A

Cognizable if offence abet- ted is cogniz- able, but not other wise.

If the offence bs punishable with death or

Ditto Imprisonment for 10 years.

Ditto

Non-bailable

imprisonment for life.

If the offence be not committed.

Ditto

Ditto

Bailable

E X T R A O R D

I Imprisonment extending to a quar- ter part of the longest term, provi- ded for the offence, or fine, or both.

N A R Y

120

Ditto

Ditto

Ditto

Concealing a design to commit an offence punishable with imprisonment, if offence be committed.

According as offence abetted is bailable or non-bailable.

[

If the offeace bs aot committed

Ditto

Bailable

Ditto

P A R T

Imprisonment extending to one- eighth part of the longest term, provided for the offence, or fine, or both.

H —

CHAPTER VA—CRIMINAL CONSPIRACY

S E C

.

2 J

Cognizable if

120B

Same as for abetment of the offence which is the object of the conspiracy.

Court by which abetment of the offence which Is the object of conspiracy is triable.

Criminal conspiracy to commit an off- ence punishable with death, imprison- ment for life or rigorous imprisonment for a term of 2 years or upwards.

According as offence which is object of conspiray is bailable or non-bailable.

T H E

the offence which is the object of cons- piracy is cog- nizable, but not otherwise.

Magistrate of the first

Non-cognizable

Bailable jj

Any'other criminal conspiracy. Imprisonment for 6 months or fine,

class.

or both.

G A Z E T T E

CHAPTER VI—OFFENCES AGAINST THE STATE

O F

I

Court of Session

Non-bailable

Cognizable

Death or imprisonment for life and

121

N D

fine.

I

A Waging or attempting to wage war, or abetting the waging of war, against the Government of India.

Ditto.

Conspiring to commit certain offences

Ditto

Imprisonment for life or imprison- Ditto

121A

against the State.

ment for 10 years and fine.

Ditto.

Ditto

Ditto

122

Imprisonment for life, or imprison-

ment for 10 years and fine.

E X T R A O R D

I Collecting arms, etc., with the intention of waging war against the Government of India.

Ditto.

Ditto

Concealing with intent to facilitate a design

123

Imprisonment for 10 yersand fine. Ditto

N A R Y

to wage war.

Ditto.

124

Ditto

Imprisonment for 7 years and fine.

Ditto

Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power.

Ditto.

Sedition

124A

Non-cognizable. Ditto

I

Imprisonment for life and fine or im- prisonment for 3 years and fine, or fine.

2 2 9

By what Court triable

1 2 3 0

Punishment *

Offence

Bailable or non- bailable

Cognizable or non-cognizable

Sec- tion

6

5

4

I

2

3

Goon of Session.

Non-bailable

Cognizable

125

T H E [mprisonment for life and fine, or imprisonment for 7 years and fine, or fine.

Waging war against any Asiatic power in ] alliance or at peace with the Government of India, or abetting the waging of such war.

Ditto

Ditto

Ditto

Imprisonment for 7 years and fine,

126

G A Z E T T E

and forfeiture of certain property.

Committing depredation on the territories '. of any power in alliance or at peace with the Government of India.

O F

I

Ditto.

Ditto

Ditto

Ditto f

127 Receiving property taken by war or depre-

N D

I

dation mentioned in sections 125 and 126.

A

Ditto

Ditto

Ditto

Imprisonment for life, or imprison-

128

ment for 10 years and fine.

Public servant voluntarily allowing prisoner of State or war in his custody to escape.

Non-cognizable Ditto

Simple imprisonment of 3 years and

129

Magistrate of the first class,

fine.

Public servant negligently suffering prisoner of State or war in his custody to escape.

E X T R A O R D

I

Court of Session.

Ditto

Cognizable

Imprisonment for life, or imprison-

130

ment for 10 years and fine.

N A R Y Aiding escape of, rescuing or harbouring, such prisoner, or offering any resistance to the recapture of such prisoner.

?ORCE

NAVY AND AIR I

CHAPTER VII—OFFENCES RELATING TO THE ARMY,

Court of Session.

Non-bailable

Cognizable

Imprisonment for life, or imprison-

131

[

L ment for 10 years and fine.

P A R T Abetting mutiny, or attempting to seduce an officer, soldier, sailor or airman from his allegiance or duty.

Ditto

Ditto.

H —

Abetment of mutiny, if mutiny is committed Death, or imprisonmeat for life, or Ditto

132

in consequence thereof.

imprisonment for 10 years and fine.

&

Magistrate of the

Ditto

Ditto

Imprisonment for 3

133 Abetment of an assault by an officer, sold-

h c

.

first class.

years and fine.

2 ier, sailor or airman on his superior offi- cer, when in the execution of his office.

]

Ditto

Ditto

Ditto

134 Abetment of such assault, if the assault is

Imprisonment for 7 years and fine.

committed.

Any Magistrate.

Bailable

Ditto

135 Abetment of the desertion of an officer,

T H E

soIdieTj sailor or airman.

Imprisonment for 2 years, or fine, or both.

Ditto

Ditto

Ditto

136 Harbouring such an officer, soldier, sailor

Ditto

or airman who has deserted.

G A Z E T T E

O F

Ditto

Ditto

137

Fine of 500 rupees

I

Non-cogn- izable.

Deserter concealed on board merchant vessel, through negligence of master or person in charge thereof.

N D

I

A

Ditto

Cognizable

Ditto

138 Abetment of act of insubordination by an officer, soldier, sailor or airman, if the offence be committed in consequence.

Imprisonment for 6

months, or fine, or

both.*

Ditto

Ditto

140

Ditto

E X T R A O R D

I

Imprisonment for 3 months, or fine of 500 rupees, or both.

Wearing the dress or carrying any token used by a soldier, sailor or airman with intent that it may be believed that he is such a soldier, sailor or airman.

N A R Y

TRANQUILLITY

Vm—OTFENCIS AGAINST THE PUBLIC

CHAPTER

Any Magistrate.

Bailable

Cognizable

Being member or an unlawful assembly

143

Imprisonment for 6 months, or fine, or both.

Ditto 144

Ditto

Ditto

Joining an unlawful assembly armed with

any deadly weapon.

Imprisonment for j2 years, or fine, or both.

i i j t

Offence

By what Court triable

Punishment

Bailable or non-

1 2 3 2

bailabl;

Sec- tion

Cognizable or non-cognizable

2

¹

6

4

5

3

Joining or continuing in an unlawful as-

145

Bailable

Imprisonment for 2 years, or

Cognizable

Any Magistrate

T H E

fine, or both.

sembly, knowing that it has been com- manded to disperse.

Rioting • • * • • *

147

Ditto

Ditto

Ditto

Ditto,

G A Z E T T E

148 Rioting, armed with a deadly weapon Imprisonment for 3 years, or fine, or j Ditto

Magistrate of the first

O F

both.

class.

I

N D 149

The same as for the offence

The Court by which the

I

A

offence is triable.

According as offence is cog- nizable or not.

If an offence be committed by any mem- ber of an unlawful assembly, every other member of such assembly shall be guilty of the offence.

According as offence is bail- able or non- bailable.

150 Hiring, engaging or employing persons to

Cognizable

Ditto

Ditto

E X T R A O R D take part in an unlawful assembly.

I

The same as for a member of such assembly, and for any offence committed by any member of such assembly.

N A R Y

151

Imprisonment for 6 months, or fine,1}]

Bailable Any Magistrate.

Ditto

or both.

Knowingly joining ox continuing in any assembly of five or more persons after it has been commanded to disperse.

152 Assaulting or obstructing public servant Imprisonment for 3 years, or fine, or

Magistrate of the first class.

Ditto

Ditto

[

when suppressing riot* etc.

bothQ

P A R T

I I 153

Any Magistrate.

Imprisonment for 1 year, or fine, or

Ditto

Ditto

Wantonly giving provocation with intent to cause riot, if rioting be committed.

both.

If not committed . . . .. Imprisonment for 6 months, or fine, Ditto

DiUo Magistrate of the first class.

S E C

.

or both.

2

] 153A Promoting enmity between classes . . Imprisonment for 3 years, or fine, Non-cognizable Non-bailable

Ditto

or both.

Ditto

Ditto Promoting enmity between classes in places of

Ditto

worship, etc.

Imprisonment for 5 years and fine

Bailable.

Any Magistrate.

Owner or occupier of land not giving, infor-

Ditto

154

Fine of 1,000 rupees.

T H E mation of riot etc.

Ditto

Fine

Ditto

Ditto

155 Person for whose benefit or on whose behalf a riot takes' place not using all lawful means to prevent it.

G A Z E T T E

Ditto

O F Agent of owner or occupier for whose

Ditto

Ditto

156

Ditto

I benefit a riot is committed not using all lawful means to prevent it.

N D

I

A

Ditto

Cognizable

Harbouring persons hired for an unlawful Imprisonment for 6 months, or fine,

Ditto

157

assembly.

or both.

Ditto Being hired to take part in an unlawful

Ditto

158

Ditto

Ditto

assembly or riot.

E X T R A O R D

I

Ditto

Ditto

Imprisonment for 2 years, or fine, or Ditto

Or to go armed. ,

both.

N A R Y

Non-cognizable Ditto

Ditto

Imprisonment for one month, or fine

160 Committing affray.

of 100 rupees, or both.

TO PUt LIC SFRVANTS

CHAPTER IX—OFFFNCLS BY OR RELATING

Cognizable Bailable

Magistrate of the first class.

Imprisonment for 3 years, or fine, or

161

both.

Being or expecting to be a public servant, and taking a gratification other than legal remuneration in respect of an official act.

1 2 3 3

1 2 3 4

By what Court triabl

Offence Punishment

Bailable or non- bailable

Cognizable or non-cognizable

Sec- tion

6

5

1

4

2 ,

3

Magistrate of the first class

Bailable 1

162

Cognizable

Taking a gratification in order, by corrupt Imprisonment for 3 years, or fine,

T H E

or illegal means, to influence a public or both servant.

Ditto

Ditto

Ditto

163 Taking a gratification for the exercise of Simple imprisonment for 1 year, or

personal influence with a public servant. fine, or both.

G A Z E T T E

Ditto

O F

Ditto

Ditto

164 Abetment by public servant of the offences Imprisonment for 3 years, or fine, or

I

N D defined in the last two preceding clauses both, with reference to himself.

I

A

Ditto

Ditto

Ditto

Public servant obtaining any valuable thing, Ditto

165

without consideration, from a person con- cerned in any proceeding or business transactexi by such public servant.

Ditto

E X T R A O R D

Ditto

Ditto

Punishment for abetment of offences Ditto

I 165A

defined in section 161 or section 165.

N A R Y

Ditto

Ditto

Public servant disobeying a direction of the Simple imprisonment for 1 year or Non-cognizable

166

law with intent to cause injury to any fine, or both,

person.

Ditto

Ditto

Ditto]

[ Public servant framing an incorrect docu- Imprisonment for 3 years, or fine,

167

ment with intent to cause injury. or both.

P A R T

Ditto

Ditto

Ditto]

Public servant unlawfully engaging in trade Simple imprisonment for 1 year, or

168

H —

fine, or both.

Public servant unlawfully buying or bidding

169

Ditto

Ditto

Ditt-j

S E C

.

for property.

2

]

Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased.

Imprisonment for 2 years, or fine, or

Personating a public servant

Any Magistrate.

Cognizable

170

Ditto

both.

Ditto

Ditto

Ditto

Wearing garb or carrying token used by

171

T H E

public servant with fraudulent intent.

Imprisonment for 3 months, or fine of 200 rupees, or both.

Non-cognizable Ditto

Magistrate of the first class 171E Bribery • •

Imprisonment for 1 year, or fine, or both, or if treating only, fine only.

G A Z E 1 T E

Ditto

Ditto

Imprisonment for one year, or fine, or Ditto

Undue influence at an election.

171F

O F

I

both.

N D

I

r Cognizable.

Ditto

Ditto

A

Imprisonment for one year, orfine,OJ

Personation at an election

both.

Non-cognizable. Ditto

Ditto

Fine

Filse statement in connection with an elec-

171G

tion.

E X T R A O R D

I

Ditto

Ditto

Fine of 500 rupees

Ditto

11 legal pay ments in connection with elections

171H

Ditto

Ditto

Ditto

N A R Y

Ditto

Failure to keep election account

17II

'SERVANTS

CHAPTERX—CONTEMPTS OF THE "LAWFUL AUTHORITY OF PUBLIC

Non-cognizable Bailable

Any Magistrate

Simple imprisonment for 1 month or

172

fine of 500 rupees, or both.

A bsconding to avoid service of summons or order proceeding froma public servant.

Ditto

Ditto

Ditto

If summons or notice require attendance in Simple imprisonment for 6 months, or fine of 1,000 rupees, or both.

person, etc, in a Court of Justice.

1 2 3 5

Punishment

Sec- " Offence

Bailable or non- By what Court triable

1 2 3 6

tion

Cognizable or non-cognizable

4

3

bailable 5

6 1 2

Bailable

Any Magistrate.

173 Preventing the service or the affixing of any Simple imprisonment for 1 month) or Non-cognizable

fine of 500 rupees, or both.

T H E summons of notice, or the removal of it when it has been affixed, or preventing a proclamation.

Simple imprisonment for 6 months, or

Ditto

Ditto If summons, etc., require attendance in

Ditto

person, etc., in a Court of Justice.

fine of 1,000 rupees, or both.

G A Z E T T E

O F

Ditto

Ditto

Simple imprisonment for 1 month, or

Ditto

I

fine of 500 rupees, or both.

174 Not obeying a legal order to attend at a certain place in person or by agent, or

N D departing therefrom without authority.

I

A

Ditto

Ditto

Simple^ imprisonment for 6 months, or Ditto

If the order requires personal attendance,

etc., in a Court of Justice.

fine of 1.000 rupees, or both.

Ditto

Simple imprisonment for 1 month, Ditto

E X T R A O R D

I

or fine of 500 rupees, or both.

175 ]ntentionally omitting to produce a docu- ment to a public servant by a peison legally bound to produce or deliver such document.

N A R Y

The Court in which the offence is committed, subject to the provi- ions of Chapter XXVI; or,ifnotcommittedin a ourt, any Magistrate.

Simple imprisonment for 6 months, Ditto

Ditto

Ditto If the document is required to be produced

or fine of 1,000 rupees, or both.

in or delivered to a Court of Justice.

L P A R T

H —

b

t

Intentionally omitting to give notice or Simple imprisonment for 1 month,

176

c

Ditto

Ditto

Any Magistrate.

.

or fine of 500 rupees, or both.

2

] information to a public servant by a person legally bound to give such notice or in- formation.

If the notice or information required respects

Ditto

Ditto

Ditto

Simple imprisonment for 6 months, or fine of 1,000 rupees, or both.

the commission of an offence, etc.

T H E

Ditto

Ditto

Ditto

Imprisonment for 6 months, or fine of 1,000 rupees, or both.

If the notice or information is required, by an order passed under sub-section (1) of sec- tion 364 of this Code.

G A Z E T T E

Ditto

Imprisonment for 6 months, or fine oF

Ditto

Knowingly furnishing false information to

Ditto

177

O F a public servant.

1,000 rupees, or both.

I

N D

Ditto

If the information required respects the

Ditto

Ditto

I

A

Imprisonment for 2 years, or fine, or both.

commission of an offence, etc.

Simple imprisonment for 6 months,

Refusing oath when duly required to take

Ditto

178

Ditto

oath by a public servant.

or fine of 1,000 rupees, or both.

E X T R A O R D

I

The Court in which the offence is committed subject to the provisions of Chapter XXVI; or, if not committed in a Court, any Magistrate.

N A R Y

Ditto

Being legally bound to state truth, and re-

Ditto

179

Ditto

fusing to answer questions.

Simple imprisonment for 6 months, or fine of 1,000 rupees, or both.

Simple imprisonment for 3 months, Ditto

Ditto

180

Ditto Refusing to sign a statement made to a pub- lic servant when legally required to do so. or fine of 500 rupees, or both.

Ditto

Knowingly stating to a public servant on Imprisonment for 3 years and fine.

Ditto

181

Magistrate of the first class.

oath as true that which is false.

1 2 3 7

By what Court triable Offence

1 2 3 8 Sec- tion

Punishment Cognizable or

non-cognizable

Bailable or non- bailable

1

5

6

3 4

2

182

Any Magistrate.

Imprisonment for 6 months, or fine Non-cognizable Bailable

0 f 1,000 rupees, or both.

T H E Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person.

Ditto

183

Ditto. Ditto

Ditto Resistance to the taking of property by the

lawful authority of a public servant.

G A Z E T T E

Ditto

184

Imprisonment for 1 month, or fine Ditto

Ditto Obstructing sale of property offered for

O F

sale by authority of a public servant.

of 500 rupees, or both.

I

N D

I

Ditto

Ditto 185

Imprisonment for 1 month, or fine Ditto

A

of 200 rupees, or both.

Bidding, by a person under a legal incapacity to purchase it, for property at a lawfully authorised sale, or bidding without inten- ding to performthe obligations thereby.

Ditto

186

Ditto Obstructing public servant in discharge of his Imprisonment for 3 months, or fine Ditto

public functions.

of 500 rupees, or both.

E X T R A O R D

I

Ditto

187

Ditto Omission to assist public servant when bound by law to give such assistance.

Simple imprisonment for 1 month, Ditto or fine of 200 rupees, or both.

N A R Y

Ditto

Simple imprisonment for 6 months, Ditto

Ditto

or fine of 500 rupees, or both.

Wilfully neglecting to aid a public servant who demands aid in the execution of process, the prevention of offences, etc.

[

188

Simple imprisonment for 1 month, or Ditto

Ditto

Ditto

P A R T

fine of 200 rupees, or both.

I I Disobedience to an order lawfully promul- gated by a public servant, if such dis- obedience causes obstruction, annoyance or injury to persons lawfully employed.

—

S

i

Imprisonment for 6 months, or fine Ditto

If such disobedience causes danger to

Ditto Ditto

c

.

of 1,000 rupees, or both.

human life, health or safety, etc

2 ]

Imprisonment for 2 years, or fine, 01

Ditto

Ditto Ditto 189

both.

Threatening a public servant with injury to him or one in whom he is interested, to induce him to do or forbear to do any official act.

T H E

Imprisonment for 1 year, or fine, or Ditto

Ditto Ditto 190 Threatening any person to induce him to

• both.

refrain from making a legal application foi protection for injury.

G A Z E T T E

O F

fiGAJNST PCJELIC JUSTICE

XI—FALSE EVIDENCE AND OFFENCES .

CHAPTER

I

N D

I

Bailable Magistrate of the first class.

Giving or fabricating false evidence in a

Non-cognizable

Imprisonment for 7 years and fine-

193

A

judicial proceeding.

Giving or fabricating false evidence in any

Ditto

Imprisonment for 3 years and fine.

Ditto Any Magistrate.

other case.

E X T R A O R D

I

Non-bailable Court of Session.

194

Ditto

Imprisonment for life, or rigorous imprisonment for 10 years and fine.

Giving or fabricating false evidence with intent to cause any person to be convicted of a capital offence.

N A R Y

If innocent person be thereby convicted and Death or as above.

Ditto

Ditto Ditto.

executed.

195

The same as for the offence.

Ditto

Ditto Ditto.

Giving or fabricating false evidence with in- tent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or up- wards.

1 2 3 9

By what Court triable

1 2 4 0

Bailable or non-

Punishment

Offence

bailable

Cognizable or non-cognizable

Sec- tion

5

4

1

2

3

Non-cognizable

Using in a judicial proceeding evidence The same as for giving or fabricating

196

T H E

known to be false or fabricated. false evidence.

Court by which offence of giving or fabricating false evidence is triable.

According as offence of giving such evidence is bailable or non-bailable.

G A Z E T T E

O F

Ditto

197

Ditto

Bailable

I

N D

Court by which offence of giving false evidence is triable.

I

A Knowingly issuing or signing a false certi- ficate relating to any fact of which such certificate is by law admissible in evi- dence.

198 Using as a true certificate one known to be

Ditto

Ditto

Ditto

Ditto

fake in a material point.

199

Ditto

Ditto

Ditto

Ditto

E X T R A O R D

I False statement made in any declaration which is by law receivable as evidence.

Ditto

200 Using as true any such declaration known

Ditto

Ditto

Ditto

N A R Y

to be false.

201

Imprisonment for 7 years and fine

Ditto

Ditto

Court of Session.

[ Causing disappearance of evideice of an offence committed, or giving false infor- mation touching it to screen the offender, if a capital offence.

P A R T

If punishable with imprisonment for life or Imprisonment for 3 years and fine Ditto

Ditto

Magistrate of the first

imprisonment for 10 years.

class

H —

Court by which the offence If punishable with less loan 10 years'

Ditto

DitTe

3 r c

is triable.

.

imprisonment.

Imprisonment for a quarter of the longest term, provided for the offence, or fine, or both.

2 ]

202

Ditto

Imprisonment for 6 months, or fine, Ditto

Any Magistrate.

or both.

Intentional omission to give information of an offence by a person legally bound to inform.

T H E

203

Ditto

Giving false information respecting an

Ditto.

Imprisonment for 2 years or fine, or

Ditto

offence committed.

both.

204

Ditto

Secreting or destroying any document to

Ditto

Ditto

Magistrate of the first

G A Z E T T E

prevent its production as evidence.

class.

O

h

205

Imprisonment for 3 years, or fine, or

Ditto

Ditto.

Dit*

I

both.

N D

I False personation for the purpose of any act or proceeding in a suit or criminal pro- secution, or for becoming bail or security.

A

Imprisonment for 2 years, or fine, or

Ditto

Ditto

Any Magistrate.

both.

Fraudulent removal or concealment, etc., of property to prevent its seizure as a for- feiture, or in satisfaction of a fine under sentence or in execution of a decree.

E X T R A O R D

I

?07

Ditto

Ditto

Ditto

Ditto.

N A R Y Claiming property without right, or practis- ing deception touching any righ to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree.

Ditto

208

Ditto

Ditt*

Magistrate of the^first

class.

Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied.

I

False claim ia a. Court of Justice.

209

Lnprisoanent for 2 years and £ne. Ditto

Ditto

Ditto.

2 4

I

By what Court triable

Punishment

Bailable or Hon-

Offence

1 2 ^ 2

bailable

Sec- tion

Cognizable or non-cognizable

6 2

1

3

4

5

Magistrate of the first 210

Imprisonment for 2 years, or fine, or

Non-cognizab'e Bailable'

both

class

T H E Fraadulently obtaining a decree for a sum not due, or causing a decree to be execut- ed after it has been satisfied.

False charge of offence made with intent to

Ditto 211

Ditto

Oittc

Dh-o

injure.

G A Z E T T E

Ditto

Imprisonment for 7 years and fine

Ditto

Ditto

O F If offences charged be punishable with imprisonment for 7 years or upwards.

I

If offence charged be capital or punishable

Court of Session

Ditto

Ditto

Ditto

N D

I

with imprisonment for life.

A

Harbouring an offender, if the offence be

212

Ditto

Imprisonment for 5 years and fine

Cognizable

Ditto

capital.

If punishable with imprisonment for life or Imprisonment for 3 yoars and fine

Ditto

Ditto

Ditto

E X T R A O R D with imprisonment for 10 years.

I

If punishable with imprisonment for i year Imprisonment for a quater for the

Magistrate of the first

Ditto

Ditto

N A R Y

and not ior io years.

class

longest term, and of the description provided for the office, or fine, both

Taking gift, et^., to screen an offender from

213

Imprisonment for 7 years and fine

                                                                                    Ditto             Ditto             Ditto                  [
  punishment  if the offence  be capital.                                                                                                      P
                                                                                                                                               A
                                                                                                                                               R
                                                                                                                                               T
If punishable with imprisonment for life or Imprisonment  for  3 years              Ditto            Ditto              Ditto                  I
                                                                                                                                               I
  with imprisonment for  io years.                                                                                                             —

Imprisonment for a quarter of the Nna-cogniable

If punishable with imprisonment for less '.

Ditt9

Ditto

than 10 years.

longest term, provided for the offence, or fine, or both.

> w

Z

.

Ditto

Ditto

{

Ditto

Imprisonment for 7 years and fine

214 Offering gift or restoration of property in consideration of screening offender if the offence be capital.

X H

3

onto

Dicto

Ditto

Imprisonment for 3 years and fine

If punishable with imprisonment for life or

with imprisonment for 10 years.

O V Z H

I

Di+*O

Ditto

Ditto

If punishable with imprisonment for less than

X

3 10 years.

Imprisonment for a quarter of the longest term, provided for the offence, or fine, or both.

O

J

l

N

Ditto

Ditto

Cognizable

Imprisonment for 2 years, or fine, or

I

both.

K V

3 215 Taking gift to help to recover movable pro- perty of which a person has been deprived of an offence without causing apprehen- sion of offender.§

X

1

U V

Ditto

Ditto

Ditto]

Imprisonment for 7 years and fine.

0

H O

3 216 Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital.

Ditto

Ditto

Ditto

Imprisonment for 3 years with or

If punishable with imprisonment for life or

N V H A

without fine.

with imprisonment for 10 years.

Ditto

Ditto

Ditto

If punishable with imprisonment for 1 year;

and not 10 years.

Imprisonment for a quaner of the longest term, provided for the offence, or fine or both.

Ditto

Ditto

Ditto

Rigorous imprisonment for 7 years

2I6A Harbouring robbers or dacoits

and fine.

\ z r

V

1 2 4 4

By what Court triable

Punishment

Offence

Bailable or noa- bailable

Cognizable or non-cognizable

Sec- tion

6

5

4

1

3

2

t I

&

Any Magistrate.

Bailable

Non-cognizable

Imprisonment for 2 years, or fine, or

217

both.

Public servant disobeying a direction of law with intent to save person from punish- ment, or property from forfeiture.

Ditto

Ditto

Imprisonment for 3 years, or fine,

G A Z E T 213

Magistrate of the first class.

t f i

or both.

O F Public servant framing an incorrect record or writing with intent to save person from punishment, or property from for- feiture.

I

Ditto

Ditto

Ditto

Imprisonment for 7 years, or fine,

Public servant in a judicial proceeding cor-

219

N D

I

or both.

A ruptly making and pronouncing an order, report, verdict, or decision which he knows to be contrary to law.

Ditto

Ditto

Ditto

Ditto

220

E X T R A O R D

I Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law.

Ditto

Ditto

Ditto

Imprisonment for 7 years with oi

221

N A R Y

without fine.

Intentional omission to apprehend on the part of a public servant bound by law tc apprehend an offender, if the offence be capital.

Ditto

Ditto

Ditto

Imprisonment for 3 years with oi

[ If punishable with imprisonment for life or

without fine.

imprisonment for 10 years.

P A R T

Ditto

I t

Ditto

Ditto

Imprisonment for 2 years with or

If punishable with imprisonment^fbr less

—

without fine.

than 10 years.

Imprisonment for life, or imprison-

222

Ditto

Non-baflabte Cpurt of Session.

S E C

2

]

ment for 14 years, with or with- out fine.

Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court of Justice if under sentence of death.

I>itt3

Imprisonment for 7 years, with or Oftto

without fine.

Magistrate of the firs t class.

T H E If under sentence of imprisonment for life or imprisonment for 10 years, or up- wards.

Imprisonment for 3 years, or fine,

Ditto-

Bailable

Ditto

or both.

G A Z E T T F IT under sentence of imprisonment for less than 10 .years or lawfully committed to custody.

O F

Any Magistrate 223

ixon-coipuzable

Escape from, confinement negligently suffer- Simple imprisonment for 2 years, or

Dittc

I

fine, or both.

ed by a public servant.

N D

I

A

Ditto

Cognizable

Imprisonment for 2 years, or fine, or

Ditto

224 Resistance of obstruction by a person to hii

lawful apprehension.

both.

Dittc

Ditto

225

Imprisonment for 2 years, ur fine, or

IMtto

both.

Resistance or obstruction to the lawful ap- prehension of any person, or rescuing him from lawful custody.

E X T R A O R D

I

Magistrate of the first

Ditto

Non-bailable.

Imprisonment for 3 years and fine.

class.

N A R Y If charged with an offence punishable with imprisonment for life or imprisonment for 10 yeai*.

Dittc,

Ditto If charged with a capital offence

Imprisonment for 7 years and tinr.

Ditto

Ditto

Ditto

Ditto

Ditto.

If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards.

1 2 4

Court of Session If under sentence nf death

Dittu

Ditto

5

Imprisonment for life, or imprison- ment for 10 years and fine.

Punishment Cognizable or Bailable or non- By what Court triab'e Offence

1 2 4 6

non-cognizable bailable

Sec- tion

3

4

5

1

2

6

225A Omitsion to apprehend, or sufference of es- oape on part of public servant, in cases not otherwise prcmded for:—

T H E

Imprisonment for 3 yearsj or fine, or

Non-Cojn"tble Bailable

(a) In case of intentional omission or suffe-

Magistrate of the first

both.

rance.

class.

Simple imprisonment for 2 years, Ditto

(b) In case of negligent omission or suffe-

Ditto Any Magistrate,

G A Z E T T E

rence.

or fine, or both.

O F

Cognizable

Imprisonment for 6 months, or fine,

Ditto

225B

Ditto.

I

or both.

N D

I Resistance or obstruction to lawful appre- hension, or escape or rescue in cases not otherwise provided for.

A

227

Non-cognizable Non-bailable

Violation of condition of remission of pu-

nishment.

Punishment of original sentence, ©r if part of the punishment has been undergone, the residue.

The Court by which the original offence was triable.

Simple imprisonment for 6 months,

Bailable

128

Ditto

E X T R A O R D

I

or fine of 1,000 rupees, or both.

Intentional insult or inteiruptioii to a pub- lic servant sitting in any stage of a judicial proceeding.

N A R Y

The Court in which the, offence is committed subject to the pro- visions of Chapter XXXVL

229 Personation of a. juror or assessor

Ditto

Imprisonment for 2 years3 or fine, or Ditto]

Magistrate ^ oi me a rt

class.

hoth.

[ CHAPTER XII—OFFENCES RELATING TO corns AND GOVERNMENT STAMPS

P A R T

231 Counterfeiting, or performing any part of

Non-bailable

Cmprisonment for 7 years and fine Cognizable'

Magistrate of the first

I I

the process of counterfeiting, coin.

class.

—

Imprisonment for life or imprisonment Ditto

Ditto Court of Session.

S E C 2J2 Counterfeiting, or performing any part of the process of counterfeiting, Indian coin. for 10 years and fine.

2

]

Ditto

Imprisonment for 3 years and fine

Ditto

first

Magistrate of the 233 Making, buying or selling instrument for the

class.

purpose of counterfeiting coin.

Ditte

Ditto

Imprisonment for 7 years and fine

234^Making, buying or selling instrument for the

Court of Session-

purpose of counterfeiting Indian coin.

T H E

Ditto

Ditto

Magistrate of the

Imprisonment for 3 years and fine

urst

class.

235 Possession of instrument or materials for the purpose of using the same for counter- feiting coin.

G A Z E T T E

Ditto

Dittc

Imprisonment for 10 years and fine

Court 01 Session.

If Indian coin

O F

I

Ditto

Ditto

236 Abetting in India the counterfeiting out of

Ditto.

N D India of coin.

I

A

The punishment provided for abetting the counterfeiting of such coin within India.

nit:o

Ditto

Magistrate of the

Imprisonment for 3 years and fine

237 Import or export of counterfeit coin, know-

first

ing the same to be counterfeit.

class.

Ditto

Ditto

Court of Session.

E X T R A O R D

I

Imprisonment for life or imprison- ment for 10 years and fine.

238 Import or export of counterfeit of Indian coin, knowing the same to be counterfeit.

Ditto

Ditto

Imprisonment for 5 years and fine

Magistrate of the firsi

N A R Y

class.

239 Having any counterfeit coin known to be soch when it came into possession, and de- livering, t t c, the same to any person.

Ditto

Imprisonment for 10 years and fine

Ditto

240 Same with respect to Indian coin

Court of Session.

Ditto

Ditto

Any Magistrate.

241 Knowingly delivering to another any coun- terfeit coin as genuine, which, when first possessed, the deliverer did not know to be

Imprisonment for 2 years, or fine, or 10 times the] value of the coi" counterfeited, "or both.

1 1 4 7

Bailable or non-

1 2 4 8 Offence

Punishment

By what Court triable

bailable

Sec- tion

Cognizable or non-cognizable

i

4

6 2

1

5

T H E

Magistrate of the first

Cognizable Non-bailable

242

Imprisonment for 3 years and fine

class.

Possession of counterfeit coin by a person who knew it to be counterfeit when he became possessed thereof.

242

Ditto.

Imprisonment for 7 years and fiae

Ditto

Ditto

G A Z E T T E Possession of Indian coin by a person who knew it to be counterfeit when he became possessed thereof.

O F

I

244

Ditto.

Ditto

Ditto

Ditto

N D

I

A Person employed in a Mint causing coin to be of a different weight or composition from that fixed by law.

245

Ditto.

Unlawfully taking from a Mint any coining

Dittoi

Ditto

Jitto

instrument.

246 Fraudulently diminishing weight or altering

Ditto.

Imprisonment for 3 years and fine

Ditto

Dittc

E X T R A O R D

I

the composition of any coin.

247

Ditto

Ditto.

Imprisonment for 7 years and fine

Ditto

N A R Y Fraudulently diminishing the weight or altering the composition of Indian coin.

248

Did 6

Ditto.

Imprisonment for 3 years and fine

Dittc

Altering appearance of any coin with intf at that it shall pass as a coin of a different description-

[

249

Ditto.

Imprisonment for 7 years and fine

Ditto

Ditto

P A R T

I I Altering appearance of Indian coin with intent that it shall pass as a. coin of a different description.

—

Delivery to another of coin possessed with

250

Imprisonment for 5 years and fine

Ditto

Ditto

Ditto.

S * c

.

the knowledge that it is altered.

2

]

Delivery of Indian coin possessed with the

251

Imprisonment for 10 years and fine

Ditto

Ditto

Court of Session.

knowledge that it is altered*

252J

Imprisonment for 3 years and fine

Ditto

Ditto Magistrate of the first

class.

T H E Possession of altered coin by a person who knew it to be altered when he became possessed thereof.

253

Imprisonment for 5 years and fine

Ditto

Ditto

Ditto Possession of Indian coin by a person who knew it to be altered when he became possessed thereof.

G A Z E T T E

254

Imprisonment for 2 years, or fine) or

O F

Ditto

Ditto Any Magistrate.

I

10 times the value of the coin.

Delivery to another of coin as genuine which, when first possessed, the deliverer did not know to be altered.

N D

I

A

255 Counterfeiting a Government stamp.

Ditto

Bailable Court of Session.

Imprisonment for life, or imprison- ment for 10 years,, and fine.

256

Imprisonment for 7 yearsj

Ditto

Ditto Magistrate of ihe first class Having possession of an instrument or mate- rial for the purpose of counterfeiting a Government stamp.

E X T R A O R D

I

257

Imprisonment for 7 years and fine. Ditto

Ditto

Ditto

N A R Y Making, buying or selling instrument for the purpose of counterfeiting a Govern- ment stamp.

: Sale of cointerfeil Government stamp

258

Ditto

Ditto

Ditto

Ditto

¹ Having possession of a counterfeit Govern-

259

Ditto

Ditto

Ditto

Ditto

ment stamp.

26OJ Tjsing as genuine a Government stamp Imprisonment for 7 years, or fine, or Ditto

Ditto

Ditto

I

known to be counterfeit.

both.

2 4 0

I

2

5

Bailable or Non- By what Court triable

Punishment

O Offence

bailable

Cognizable or Non-cognizable

Sec- tion

2

6

4

3

1

5

Magistrate of the first

Bailable

Cognizable

Imprisonment for 3 years, or fine, or

261

class.

both.

T H E Effacing any writing from a substance bear- ing a Government stamp, or removing from a document a stamp used forit, with intent to cause a loss to Government.

[Any Magistrate.

Ditto

Ditto

Imprisonment for 2 years, or fine, or

262 Using a Government stamp known to have '.

been before used.

i.both.

G A Z E T T E

Magistrate of the first

Ditto

Ditto

Imprisonment for 3 years, or fine,

263 Erasure of mark denoting that stamps have

or both.

been used.

class.

O F

I

[ Any Magistrate.

Ditto

Ditto

263A

Fine of 200 rupees

Fictitious stamps

N D

I

A

CHAPTER XDI—OFFENCts RELATING TO WEIGHTS AND MEASURES

Bailable"

Any Magistrate.

Non-cognizable

Imprisonment for 1 year, or fine, '.

264 Fraudulent use of false instrument for

or both.

weighing.

Ditto

Ditto

Ditto

Ditto

Fraudulent use of false weight or measure

265

E X T R A O R D

I

Ditto

Ditto

Ditto

Ditto

266 Being in possession of false weights or mea-

sures for fraudulent use

N A R Y

Ditto

Ditto

Ditto

Ditto

267 Making or selling false weights or measures^

for fraudulent use.

CHAPTER XTV— OFFENCES AFFXTTNG THE PUBLEC HEALTH SAFHTY, CONVENIENCE, DECENCY AND MORALS

[

Cognizable. Bailable^ Any Magistrate.

P A R T Imprisonment for 6 months, or fiaej

269 Negligently doing any actknown to be likely

or both.

I I - to spread infection of any disease dangerous to life.

S

Imprisonment for 2 years, or fine,

Ditto

Ditto

Ditto 270

r c

.

or both.

2

] Malignantly doing any act kncwn to be likely to spread infection of any disease dangerous to life.

Ditto

Ditto

Imprisonment for 6 months, or fine,

Ditto Knowingly disobeying any quarantine

1271

or both.

rule.

Non-cognizable.

Ditto

Imprisonment for 6 months, or fine

Ditto Adulterat ngfocd or drink intended for sale,

272

T H E

of 1,000 rupees, or both.

so as to make the same noxious.

Ditto

Ditto

Ditto

Ditto Selling any food or drink as fo od and drink,

273

knowing the same to be noxious.

G A Z E T T E

Ditto

Ditto

Ditto

Ditto Adulterating any drug or medical preparation

274

O F

I

N D intended for sale so as to lessen its efficacy, or to change its operation, or to make it noxious.

I

A

Ditto

Ditto

Ditto

Ditto 275 Offering for sale or issuing from a dispensary any drug or medical preparation known 10 have been adulterated.

E X T R A O R D

Dittc

Ditto

Ditto 276

I

Imprisonment for 6 montis, or fine of 1,CCO rupees, or both.

Knowingly selling or issuing fioma: dis- pensary any drug or medical preparation as a different drug or medical preparation.^

N A R Y

Ditto

Imprisonment for 3 months,^or£jie

Cognizable

Ditto Defilling the water of a public spring or

277

of 500 rupees, or both.

reservoir.

Non-cognizable

Ditto

Fine of 500 rupees.

Ditto Making atmosphere noxious to health.

278

Ccgnizable

Ditto

Imprisonment for 6 months, or^fine

Ditto 279

of 1,CCO rupees, or both.

Driving or riding on a public way so rashly or negligently as to endanger hu- man life, etc.

1 2 5 1

t

2 5 i

By what Court triable

Bailable or Non-

Offence

Punishment

bailable

Cognizable or Non-cognizable

Seo tion

6 1

5

4

2

3

Any Magistrate.

280

Bailable

Cognizable

Navigating any vessel so rashly or negligently Imprisonment for 6 months, or fine

T H E

as to endanger human life, etc.

of 1,000 rupees, or both.

Ditto

281

Ditto

Exhibition of a false light, mark or buoyj Imprisonment for 7 years, or fine,'or

Magistrate of the first

both.

class.

G A Z E T T E

Any Magistrate.

Ditto

Ditto

232

Imprisonment for 6 months, or fine of

O F

1,000 rupees, or both.

I Conveying for hire any person by water, in a vessel in such a state, or so loaded, as to endanger his life.

N D

I

Ditto

Ditto

Ditto

283

Fine of 200 rupees.

Causing dangei¹, obstruction or, injury in any

A

public way or line of navigation.

Ditto

Ditto

2S4

Imprisonment for 6 months, or fine

Non-cognizable

Dealing with any poisonous substance so as

to endanger human life, etc.

of 1,000 rupees, or both.

E X T R A O R D

Ditto

Ditto

Cognizable

Dealing with fire or any combustible matter

Ditto

285

I

so as to endanger human life, etc.

N A R Y

Ditto

Ditto

Ditto

Ditto

286 So dealing with any explosive substance.

Ditto

Ditto

Ditto

287 So dealing with any machinery

Ditto

[

Ditto

Ditto

Non-cognizable

288

Ditto

P A R T A persOT omitting to guard against probable danger to human life by the fall of any building over which he has a right entitling him to pull it down or repair it.

I I -

Ditto

S 289

Cognizable

Ditto

Ditto.

I

C

.

2

| A person omitting to take order with any animal in his possession so as to guard against danger to human life, or of griev- ous hurt, from such animal.

Committing a public nuisance

290

Fine of 200 rupees

Non-cognizable Ditto

Ditto

Continuance of nuisance after injunction to

291

Simple imprisonment for 6 months,

Cognizable

Ditto

Ditto

discontinue.

of fine, or both.

T H E

Sale, etc., of obscene books, etc.

292

Ditto.

Ditto

Court of Session.

G A Z E T T E

O F

On first conviction, with imprisonment for 2 years, and with fine of 2,000 rupees, and, in the event of second or subsequent offence, with im- prisonment for five years and with fine of 5,000 rupees.

I

Ditto.

Sale, etc., of obscene objects to young persons.

293

Ditto

Ditto

Ditto

N D

I

A

Obscene songs . . . ..

Imprisonment for 3 months, or fine,

294

Ditto

Ditto

Any Magistrate.

or both.

Keeping a lottery office . . . ..

Imprisonment for 6 months , or fine,

294A

Non- cognizab le Ditto

Ditto

Ul M i ll I f.

Publishing proposals relating to lotteries

Ditto

E X T R A O R D

Fine of 1,000 rupees.

Ditto

Ditto

t

N

CHAPTER XV—OFFENCES RELATING TO

^ k

1 RELIGION

V

Destroying, damaging or defiling a place of Imprisonment for 2 years, or fine, or

295

Cognizable

Bailable Any Magistrate.

both.

worship or sacred object with intent to insult the religion of any class of persons.

Maliciously insulting the religion or the re-

Ditto

295A

Non-cognizable Non-bailable Magistrate of the first class.

ligious beliefs of any class.

Causing a disturbance to an assembly engaged

296

Imprisonment for r year, or fine, or

Cognizable Bailable Any Magistrate.

in religious worship.

both.

1 2 5 3

I

3 5 4

By what Court triable

Bailable or Non-

Offence

gnizable or bn-cognizable bailable

Punishment Co

Is

Sec- tion 1

2

3

4

6

5

Any Magistrate.

297

Imprisonment for I year, or fine, or

le Bailable

Cognizat

both.

T H E Trespassing in place of worship or sep- ulchre, disturbing funeral with intention to wound the feelings or to irsult the religion of any person, or offering indig- nity to a human corpse.

Ditto 298

Ditto

Non-cogni zable] Dhto

G A Z E T T E Uttering any word or making any sound in the hearing or making any gesture, or pla- cing ary object in the sight of any person, with intention to wound bis religious feeling.

O F

CHAPTER X V I - ^ O F K N GS AFFICTING THE HUMAN BODY

I

302

Death, or imprisonment for life,

Murder

Cognisable Non-bailable Court of Session.

N D

I

A

Ditto

Ditto

Ditto

303 Murder by a person under sentence of im-

and fine. Death

prisonment for life.

Ditto 304

Imprisonment for life, or imprison-

Ditto

Culpable homicide not amounting to murder,

Ditto

ment for 10 years and fine.

E X T R A O R D

I

Ditto

Ditto

Imprisonment for 10 years, or fine, 0 r Ditto

both.

if act by which the death is caused is done with intention of causing death, etc. If act is done with knowledge that it is likely to cause death, but without any intention to cause death, etc.

N A R Y

Magistrate [of the first 304A Causing death by rash or negligent act Imprisonment for 2 years, or fine, t>r

Ditto. ]

Ditto

both.

305

Ditto

Ditto

class. Court of Session.

Death, or imprisonment for life, or imprisonment for 10 years and fine.,

[ Abetment of suicide committed by child, or insane or delirious person or an idiot, or a person intoxicated.

Imprisonment for 10 years and fine.'

P A R T 306 307

Ditto.

I I

—

Abetting the commission of suicide Attempt to murder If such act causes hurt to any person

Imprisonment for life, or imprison-

Ditto Ditto Ditto

Ditto Ditto [ Ditto

Ditto Ditto Ditto

ment for 10 vears and tine.

S Attempt by lifc-convict to murder, if hurt is Dath or impriso*im3at for 10 years

Ditto

Ditto

Ditto

i .

c

and fine.

.

caused.

2

]

Attempt to commit culpable honicide

308

Imprisonment for 3 years, or fine, or Ditto

Ditto

Ditto'

both.

If such act causes hurt to any person

ImprLsoament for 7 years, or fine, or Ditto

Ditto

Ditto

both.

T H E

Attempt to commit suicide

Simple impriso unent for 1 year, or

309

Ditto

Ditto

Any 1 [agistrate.

fine, or both.

G A Z E T T E Being a thug

311

Imprisonment for life, and fine

Ditto

Non-bailable

Court of Session.

O F

I

Causing miscarriage, etc.

N D

I

A

Causing miscarriage

312

Imprisoment for 3 years, or fine Non-cognizable Bailable

Magistrate of the first

or both.

class.

If the wo nan be quick with child

Imprisonment for 7 years, and fine.

Ditto '

Ditto

Ditto¹

E X T R A O R D

I

Causing miscarriage without woman's

313

Imprisonment for life, or imprison-

Ditto

Non-bailable Court of Sessions

consent.

ment for 10 years, and fine.

N A R Y

Death caused by an act done with intent to

314

Tmprisonrnent for 10 years, and fine

Ditto

Ditto

Ditto

cause miscarriage.

If act done without woman's consent

Imprisonment for life, or as above

Ditto

Ditto

Ditto

Imprisonment for 10 years, or fine,

315

Ditto

Ditto

Ditto"

or both.

Act done with intent to prevent a child being born alive, or to cause it to die after its birth.

I

2

5

6

By what Court triabl c Sec-

Punishment

Offence

Cognizable or Bailable or Non- Non-;ognizable bailable

tion

3

6

5

4

2

1

Court of Ses6ion.

Non-bailable

Non-cognizable

Imprisonment for 10 years and fine

316 Causing death of a quick unborn child b> an

T H E

act amounting to culpable homicide.

Bailable

Magistrate of the

Cognizable

Imprisonment for 7 years, or fine,

317

first class.

or buth

Exposure of a child under 12 years of age by parent or person having caie of it with intention of wholly abandoning it.

G A Z E T T E

Ditto

Ditto Imprisonment for 2 years, OT fine,

Ditto;

Concealment of birth by secret disposal^of

318

O F dead body.

or both.

I

N D

Ditto

Any Magistrate.

Non-cognizable

Imprisonment for 1 year, or fine of

323 Voluntarily causing hurt

I

A

1,000 rupees, or both.

Cognizable

Ditto

Ditto 324

Imprisonment for 3 years, or fine, or

Voluntarily causing hurt by dangerous

weapons or means.

both.

Ditto

Ditto

Ditto 325

Imprisonment for 7 years and fine

Vohintarily causing grievous hurt

E X T R A O R D

I

Ditto Non-bailable

326

Magistrate^of the first Voluntarily causing grievous hurt by Imprisonment for life, or imprison- ment for 10 years and fine.

N A R Y

class.

dangerous weapons or means.]]

Ditto

Ditto

Ditto

327

Imprisonment for 10 years and fine

[ Vohintarily causing hurt to extort property or a valuable security, or to constrain to do anything which is illegal or which may facilitate the commission of an offence.

P A R T

Ditto,

Ditto

Courf of Session.

328

Ditto

Administering stupefying drug with intent

I I

—

to cause hurt, etc.

S

i

329 ' foht&Urily causing grievous hurt to extort Imprisonment for lite, or imprison-

c

Ditto

Ditto

Ditto

.

ment for 10 years and fine.

2

j property or a valuable security, or to constrain to do anything which is itkjpl., or which may facilitate the commisskJn of en offence.

Magistrate of the first class.

Bailable

Imprisonment for 7 years and fine

330

Ditto

T H E Voluntarily causing hurt to extort, confession or information, or to compel restoration of property etc.

Court of Session.

Non-bailable

Ditto

331 Voluntarily causing grievous hurt to extort Imprisonment for 10 years and fine

G A Z E T T E

confession or information, or to compel restoration of property, etc.

O F

I

N D

I

Magistrate of the first class.

Bailable

Ditto

Imprisonment for 3 vears,"or fine, or

Voluntarily causing hart to deter public

332

A

servant from his duty,

both.

Court'of Session.

Non-bailable

Ditto

Imprisonment for 10 years and fine

Voluntarily causing grievous hurt to", deter

333

public servant from his duty.

Bailable Any Magistrate.

E X T R A O R D

No n-cog ni za b !e

334

I

Imprisonment for 1 month or fine of 500 rupees, or both.

N A R Y Voluntarily causing hurt on grave and sud- den provocation, not intending to hurt any other than the person who gave the provocation.

Magistrate of the first class.

Ditto

Cognizable

335

Imprisonment for 4 years, or fine of 2,000 rupees, or both.

Causing grievous hurt on grave and sud- den provocation, not intending to hurt any other than theperson who gave the provocation.

Any Magistrate.

Ditto

Ditto

Imprisonment for 3 months, or fine

Doing any act which endangers human

336

of 250 rupees, or both.

life or the personal safety of others.

I 2 5 j

1 2 5

Bailable or Non- By what Court triable Offence

Punishment

8

Cognizable or Non-cognizable bailable

Sec- tion

1

2

4

5

6

3

Kny Magistrate.

Bailable

337

Cognizable

Causing hurt by an act which endangers

Imprisonment for 6 months, or fine

human life, etc.

of 500 rupees, or both.

Ditto 338

Ditto

Ditto

Causing grievous hurt by an act which

T H E

Imprisonment for 2 years, or fine of

endangers human life, etc.

1,000 rupees, or both.

Ditto

Ditto

341

Ditto

Wrongfully restraining any person .

Simple imprisonment for 1 month, or fine of 500 rupees, or both.

G A Z E T T E

Ditto

Ditto

342

Ditto

Wrongfully confining any person

Imprisonment for 1 year, or fine of

O F J

1,000 rupees, or both.

.

N D

Ditto 343

Ditto

1

Ditto

Wrongfully confining/or three or more days Imprisonment for 2 years, or fine, or

A

both

Ditto 344

Ditto

Ditto

Wrongfully confining for 10 or more days Imprisonment for 3 yea,rs and fine

Magistrate>f the first

Ditto

345

Non-cognizable

Keeping any person in wrongful confine-

class.

E X T R A O R D

I ment, knowing th$t a writ has been issued for his liberation. . . ..

Imprisonment for 2 years, in addition to imprisonment under any other section.

Ditto

Ditto

346 Wrongful confinement in secret

Cognizable

Ditto

N A R Y

Any Magistrate.

Ditto

347

Djtto

Imprisonment for 3 years and fine

Wrongful confinement tor tne purpose of extorting property, or constraining to an illegal act, etc.

[

Ditto

Ditto

348

Ditto

Ditto

P A R T

I I Wrongful confinement for the purpose of extorting confession or information, • or '•of' compelling "restorafidfo of property, "etc.

—

A Assault or use of criminal force otherwise Imprisonment for 3 months or fine

352

Non-cognizable

Ditto

Ditto.

c

.

than on grave provocation.

of 500 rupees, or both.

2

j

Cognizable

Ditto

Ditto.

Imprisonment for 2 years, or fine, or

353

both

Assault or use of criminal force to deter a public servant from discharge of his duty.

Ditto

Ditto

Ditto.

Ditto

Assault or use of criminal force to a woman

354

T H E

with intent to outrage her modesty.

Non-cognizable

Ditto

Ditto.

Ditto

355 Assault or criminal force with intent to dishonour a person, otherwise than on grave and sudden provocation.

G A Z E T T E

O F

Cognizable

Ditto

Non-bailable

Ditto.

356

I

N D Assault or criminal force in attempt to com- mit theft of property worn or carried by a person.

I

A

.

Bailable

Imprisonment for 1 year, or fine of Ditto

Ditto.

357 Assault or use of criminal force in attempt

wrongfully to confine a person.

1,000 rupees, or both4

Non-cognizable

Ditto

Ditto.

Simple imprisonment for one month,

358 Assault or use of criminal force on grave

or fine of 200 rupees, or both.

and sudden provocation.

E X T R A O R D

I

Cognizable

Ditto

Magistrate of the first

Imprisonment for 7 years, and fine

3" Kidnapping

class.

N A R Y

363A

Ditto

Non-bailable

Ditto.

Imprisonment for 10 years, and fine

Kidnapping or obtaining the custody of a minor in order that such minor may be employed or used for purposes of beg- ging."

Ditto

Ditto

Court of Session.

Imprisonment for life and fine

Maiming a minor in order that such minor may be employed or used for purposes of begging.

1 2 5 9

1 2 6 0

Offence

Punishment

By what Court triable

Cognizable or Non-cognizable

— *- _""_"^ Sec- tion t

3

4

Bailable or Non- bailable 5

6

Court of Session

Ccgnizable Non-bailable

Kidnapping or abducting in order to mur-

364

1

der

Imprisonment for life, or rigorous imprisonment for 10 years and fine.

H E

Magistrate of the first

Ditto

365

Ditto

Imprisonment for 7 years and fine

Kidnapping or abducting with intent sec- retly and wrongfully to confine a per- son.

G A Z E T T E

Court of Session.

Ditto

366

Ditto

Imprisonment for 10 years and fine

O F Kidnapping or abducting a woman to com- pel her marriage or to cause her defile- mctt, etc.

I

N P

I

Ditto

Ditto

Procuration of minor girl

Ditto

366A

Ditto

A

Ditto

Dhlo 366B

Ditto

Importation of girl from foreign country

Ditto

Ditto.

Ditto

Ditto

36? Kidnapping or abducting in order to subject

Ditto

a person to grievous hurt, slavery) etc.

E X T R A O R D

I

Ditto

Ditto

368 Concealing or keeping in confinement a PunJehment for kidnapping ox ab-

N A R Y kidnapped person.

duction.

Court by which the Jod- napping or abduction is triable.

Magistrate of the first 369

Ditto

Ditto

Imprisonment for 7 years and fine.

class.

[ Kidnapping or abducting a child with intent to take property from the per- son of such child.

P A H T

Bailable

Ditto 370

Non-cognizabfe

Buying or disposing of any person as a

Ditto

r j

slave.

_

S

t

Cognizable

Non-bailable Court of Session.

Imprisonment for life, or imprisonment

c Habitual dealing in slaves

371

.

for 10 years, and fine.

2

]

Ditto.

Ditto

Ditto

Imprisonment for 10 years and fine

Selling or letting to hire a minor for pur-

372

poses of prostitution, etc.

Ditto

Dino.

Ditto

Ditto

Baying or obtaining possession of a minor

373

T H E

for the same purposes.

Bailable

Anj Magistrate.

Non-cognizable

Imprisonment for 1 year, or fine, or

374 Unlawful compulsory labour

both.

G A Z E T T E

376 Rape

O

f

Ceurt of Session.

Imprisonment foT 2 vears or fine, or

Ditto

Ditto

I

both.

N D If the sexual intercourse was by a man with his own wife not being under 12 years of age.

I

A

Ditto,

Imprisonment for life, or imprison-

Ditt©

Ditto

If the sexual intercourse was by a man with

ment for 10 years, and fine.

his own wife being under 12 years of age.

Ditto.

Cognizable

Non-bailable

Ditto

In any other case]

E X T R A O R D

I

Magistrate of the first

Ditto

Ditt©

Ditto

377 Unnatural offemces

class.

N A R Y

PROPERTY

CHAPTER XVII—OFFENCES AGAINST

Any Magistrate.

Cognizable

Non-bailable

Imprisonment for 3 years, or fine, or

379 Theft

both.

Ditto,

Ditto

Imprisonment for 7 years and fine

Ditte

Theft in a building, tent or vessel

380

Ditt©.

Ditt"

Ditt"

Ditto

Theft by clerk or servant of property ia

381

I

possession of master or employer.

2 6

t

I 2 6

i

Punishment Cognizable or

By what Court triable Offence

Non-cognizable

Bailable or Non- bailable

3 4

5

6 Sec- ion 1

Non-bailable

Rigorous imprisonment for 10 years Cognizable

382

and fine

Magistrate of the first daw.

T H E

G A

i

E T T Theft, after preparation having been made for causing death, or hurt, or restraint, or fear of death, or of hurt or of res- traint, in order to the committing of such theft, or to retiring after com- mitting it, or to retaining property taken by it.

f e

'

i

O F

I

Imprisonment for 3 years, or fine, Non-cognizable Bailable

Extortion

Any Magistrate.

384

or both.

N D

I

A

Imprisonment for 2 years, or fine, or Ditto

Ditto

Ditto.

385 ruuing or attempting to put in fear of in-

both.

jury, in order to commit extortion.

Non-bailable

Imprisonment for 10 years and fine Ditto

386 Extortion by putting a person fn fear of

Magistrate of the first

class.

death or grievous hurt.

Imprisonment for 7 years and fine Ditto

387

Ditto

Ditto.

K X T O A O R O T N A R Y Putting or attempting to put a person in fear of death or grievous hurt in order to commit ejctortion..

3*8

Imprisonment for 10 years, and fine XHtto

Bailable

Ditto.

[ Ettor^on by threat or accusation of an ¹ offence punishable with death, imprison- ment forlife, or imprisonment for 10 years.,

P A R T

If the offence threatened be an unnatural Imprisonment for life Ditto

I3itto.

Ditto

offence.

U ~ ^

Imprisonment for 10 years and fine Dftto

CHtto

Ditto.

S B C O

- J J Puttjnga person in fear of accusation or anvofipsnc§. punishable with death, imprisonment Tor life, or imprisonment for 10 years' in order to commit extor- tion.

If the offence be an unnatural offence

Imprisonment for life

Ditto

Ditto

Ditto

T H E

Robbery

Rigorous imprisonment for 10

392

Cognizable

Non-bai table

Ditto,

years and fine.

Rigorous imprisonment for 14 years

If committed on the high way between

Ditto

Ditto

DiUu.

G A Z E T

sunset and sunrise.*

and fine.

l i i

O F

Rigorous imprisonment for 7 years

Attempt, to commit robbery

393

Ditto

Ditto

Dttlo.

I

and fine.

N U

l i

A

394

Ditto

Dillo

Ditto

b

i

X

t

Imprisonment for life, or rigorous imprisonment for 10 years and fine.

Person voluntarily causing hurt in com- mitting or attempting to commit robbery, or any other person jointly concern- ed ta such robbery.

Dacoity

395

Imprisonment for life, or rigorous Ditto

Ditto

R A O R D

Court of Session,

I

imprisonment for 10 years and fine.

396 Murder in dacoity

Ditto

N A R Y

Ditto

Ditto.

Death, imprisonment for life, or rigorous imprisonment for 10 years, and fine.

397 Robbery or dacoity, with attempt to cause Rigorous imprisonment for not Ditto

Ditto

Ditto.

death or grievous hart.

less than 7 years.

398

Ditto

Attempt to commit ' robbery or dacoity

Ditto

Ditto

Ditto.

when armed with deadly weapon.

1 2 6

- ^

I

2

6

4

By what Court triable Offence

Cognizable or 3 on-cognizable

Bailable or noa- bailable

Punishment 1

n

Sec- tion

1

4

2

6

5

1

Non-baiiabte

Cognizable

Court of Session.

Rigorous imprisonmentforlOyears

Making preparation to commit dacoity

3W

T H E

Ditto

Ditto

Ditto.

400

and fine. Imprisonment for life, or rigorous imprisonment for 10 years and fine.

Belonging to a gang of psrsons associated for the purpose of habitually committing dacoity,

Magistrate of the

Ditto

Dilto

401

Rigorous imprisonment for 7 years,

G A Z E T T E

and fine.

first class.

O F Belonging to a wandering gang of persons associated for the purpose of habitually committing thefts..

I

402

Rigorous imprisonment for 7 years

Being one of five or more persons

Ditto

Ditto

Court of Session.

N D

and fine.

I

A assembled for the purposa of committing dacoity.

403

Imprisonment ibr 2 years, or fine, Non-cognizable Bailable

Any Magtstrate.

Dishonest misappropriation of movable property, or coverting it to one's ownuse. or both,

Ditto

Magistrate of the

Ditto

404

Imprisonment for 3 years, and fine

(tret class

E X T R A O R D

I Dishonest misappropriation of property, knowing that it was in possession of a deceased person at his death, and that it has not since been in the possession of any person legally entitled to it.

N A R Y

Ditto

Ditto.

Ditto

If by clerk or person employed by deceased Imprisonment for 7 years, and fine

Non-bailable.

Cognizable

Ditto.

406

Imprisonment for 3 years, or fine,

Criminal breach of trust

or both.

[

407 Criminal breach of trust by a carrier, Imprisonment for 7 years, and fine

Ditto

Ditto

Ditto.

wharfinger, etc

P A R *

Ditto.

Ditto

Ditto

Ditto

408 Criminal breach of trust by a clerk or

I I

—

servant.

342. Whene\er any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, ho was, by- reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

Judgment of acquittal on ground of un- sound- ness of mind.

343. (1) Whenever the finding states that the accused person commit- ted the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—

Person acqui Ued on such ground to be detained in safe custody.

(a) order such person to be detained in safe custody in such

place and manner as the Magistrate or Court thinks fit; or

(b) order such person to be delivered to any relative or friend

of such person.

(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub-section (1) otherwise than in ac- cordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912.

4 of 1912.

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (/), except upon the ap- plication of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—

(a) be properly taken care of and prevented from doing injury

to himself, or to any other person;

(b) be produced for the inspection of such officer, and at such

times and places, as the State Government may direct.

(4) The Magistrate or Court shall report to the State Governmeni

the action taken under sub-section (2).

344. The State Government may empower the officer In charge of the Jail in which a person is confined under the provisions of section 338 or section 343 to discharge all or any of the functions of the Inspectoi General of Prisons under section 345 or section 346.

Power of State Govern- ment to empower officer in charge to discharge.

Proce- dure whera lunatic prisoner it reported capable of making his defence.

345. If such person is detained under the provisions of sub-section (2) of section 338, and in the case of a person detained in a jail, the Inspectoi General of Prisons, or, in the case of a person detained in a lunatic asylum the visitors of such asylum or any two cf them shall certify that, in his o: their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 340; and the certt ficate of such Inspector General or visitors as aforesaid shall be receiv- able as evidence.

Proca- dure where lunatic detained is declared fit to be released.

34G. (7) If such person is detained under the provisions of sub-section (2) of section 338 or section 343, and such Inspector General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to be transferred to an asylum, may appoint a Commission, consisting of a judicial and two medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

Delivery of lunatic to care of relative or

friend.

347. (1) Whenever any relative or friend of any person detained under the provisions of section 338 or section 343 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall—

(a) be properly taken care of and prevented from doing injury

to himself or to any other person;

(b) be nroduccd for the inspection of such officer, and at such

times and places, as the State Government may direct;

(c) in the case of a person detained under sub-section (2) of sec- tion 338, bo produced when required before such Magistrate or Court,

order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-sec'ion (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magis- trate or Court shall cai¹ upon the relative or friend to whom such accused was "delivered to produce him before the Magistrate or Court; and, upon such production ihe Magistrate or Court shall proceed in accordance with the provisions of section 340, and the certificate of the inspecting officer shall bo receivable as evidence.

CHAPTER XXVI

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Procedure in coses mentioned in section 198.

348. (1) When, upon an application made to it In this behalf or other- wise, anv Court is of opinion that it is expedient In the interests of justice that an inquiry should be made into anv offence referred to in sub- section (/) or sub-section (4) of section 196 which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a dorumrnt produced or given in evidence In a proceeding in th?t Court such Court may. after such preliminarv in- quiry, if any, as it thinks necessary,—

la> record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody tc such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect oJ an offence may, in any case where that Court has neither made a com- plaint under sub-section (1) in respect ot that offence ncr rejected ar application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub- section (3) of section 196.

(3) A complaint made under this section shall be signed,—

(a) where the Court making the complaint is a High Court, bj such officer of. the Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court.

(4) In this section, "Court" has the same meaning as in section 196.

Appeal.

349. (1) Any person on whose application any Court other than £ High Court has refused to make a complaint under sub section (1) or sub-section (2) of section 348 or against whom .such a complaint has been made by such Court, may appeal to Ihe Couxt Lo which sjch former Court is subordinate within the meaning of sub-section (3) of section 196, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, make the complaint which such former Court might have made under section 318, and if it makes such complaint, the provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under section 348, shall be final, and shall not be subject to revision.

Power to order costs.

350. Any Court dealing with an application made to it for filing a complaint under section 348 or an appeal under section 349, shall have power to make such order as to costs as may be just.

351. (1) A Magistrate to whom a complaint is made under section 348 or section 349 shall, notwithstanding anything contained in Chapter XV, proceed to deal with the case as if it were instituted on a police report.

Proce- dure of Magis- trate taking cogniz- ance.

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceed- ing out of which the matter has arisen, he may, if he thinks fit, at any stage adjourn the hearing of the case until such appeal is decided.

45 of 1860, JRuirunury procedure for giving false evidence by making contradic- tory state- menta

352. (I) If, in any trial before a Court of Session or of a Magistrate of the first class, a witness makes on oath a statement which contradicts his previous statement on oath recorded under section 167 or section 205 or section 282 or section 283, and it appears to the Court that the wit- ness has, by making such contradictory statements, committed an offence punishable under section 193 of the Indian Penal Code, it may, if satisfied that it is expedient in the interests of justice that the witness should be tried summarily for the offence, take cognizance of the offence, and, after giving the offender an opportunity of showing cause why he should not ue punished under this section, sentence him to imprisonment for a term not exceeding six months or fine not exceeding five hundred rupees or both.

(2) In every such case the Court shall follow, as nearly as may be

practicable, the procedure prescribed for summary trials.

45 of 1860.

(3) Nothing in this section shall affect the power of the Court to make a complaint under section 348 for the offence, where it does not choose to proceed under this section.

Proce- dure in certain

cases of contempt.

353. (2) When any such offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of any Civil, Criminal or Revenue Court, the Court may cause the offender to be detained in custody and at any time before the rising of the Court on the same day may, if it thinks fit, take cognizance of the offence and sentence the offender to fine- not exceeding two hundred rupees, and, in default of payment, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid.

(2) In every such case the Court shall record the facts constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence.

(3) If the offence is under section 228 of the Indian Penal Code, the

45 of 1880.

record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult.

Proce- dure where Court considers that case should not be dealt with under seo" tion M3.

354. (I) If the Court in any case considers that a person accused of any of the offences referred to in section 353 and committed in its view or presence should toe imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 353, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with the complaint against the accused person in the manner provided in Chapter XV.

18 of 1908.

355. Wlien the State Government so directs, any Registrar or any Sub-Registrar appointed under the Indian Registration Act, 1903, shall be deemed to be a Civil Court within the meaning of sections 353 and 354.

When Registrar of Sub- Registrar to be deemed a Civil Court.

Discharge of offender on sub- mission or apology.

356. When any Court has under section 353 adjudged an offender to punishment, or has under section 354 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction.

Imprison- ment or committal of person refusing to answer or produce document.

357. If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not offer any reason- able excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his per' sisting in his refusal, he may be dealt with according to the provisions of section 353 or section 354.

358. (1) • If any witness being summoned to appear before a Criminal Summary procedure for punish- ment for non- attend- ance by a witness in obedi- ence to Bummons.

Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend to the summons and without just excuse, neglects or refuses to attend before the time at which it Is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offen- der an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees.

(2) In every such case the Court shall follow, as nearly as may be

practicable, the procedure prescribed for summary trials.

359. (1) Any person sentenced by any Court other than a High Court under section 352, section 353, section 357 or section 358 may, notwith- standing anything hereinbefore contained, appeal to the Court to which decrees or orders made in such Court are ordinarily appealable.

Appeals from convic- tions In contempt cases.

(2) The provisions of Chapter XXIX shall, so far as they are appli- cable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate.

(/) An appeal from such conviction by any Registrar or Sub-Registrai deemed to be a Civil Court by virtue of a direction issued undei section 353 shall lie to the Court of Session for the sessions divisior within which the office of such Registrar or Sub-Registrar is situate.

360. Except as provided in sections 352, 353, 357 and 358, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate slnll try any person for any offence referred to in section 196, when sucf offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course oJ a judicial proceeding.

Certain Judges and Magis- trates not to try certain oflencea when committed before them- selves.

CHAPTER XXVII

THE JUDGMENT

Judgment. 361. (1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders,—

(a) by delivering the whole of the judgment; or

(b) by reading out the whole of the judgment; or

(c) by reading out the operative part of the judgment and ex-

plaining the substance of the judgment.

(2) Where the judgment is pronounced under clause (a) of sub- section (I), the presiding officer shall cause it to be taken down in short- hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the pronouncement of the judgment in Court.

(3) Where the judgment or the operative part thereof is read out under clause'(b) or clause (c) of sub-section (I), it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him.

(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost.

(5) If the accused is in custody, he shall be brought up to hear the

judgment pronounced.

(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted:

Provided that, where there are more accused than one, and some of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstand- ing their absence.

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.

(S) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 474.

362. (1) Except as otherwise expressly provided by this Code, every such judgment—

Language and con- tents of judgment.

(0) shall be written in the language of the Court or in English;

(b) shall contain the point or points for determination, the deci- sion thereon and the reasons for the decision;

45 of I860.

(c) shall specify the offence (if any) of which, ,and the section of the Indian Penal Code or other law under which, the accused is convicted and the punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused Is acquitted and direct that he be set at liberty.

46 of 1860.

(2) When the conviction is under the Indian Penal Code and it is. doubtful under which of two sections, or under which of two parts of the same section, of that Code the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative.

in the alternative, with imprisonment for life or imprisonment for a term of yenrs, the judgment shall state the reasons for the sentence aw.arded.

(4) When any person is sentenced to death, the sentence shall direct that he ba banged by the neck till he is dead.

363. Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following parti- culars, namely: —

(a) the serial number of the case;

Metro- politan Magis- trate's judgment.

(b) the date of the commission of the offence;

(c) the name of the complainant (if any);

(d) the name of the accused person, and his parentage and residence;

(e) the offence complained of or proved;

(f) the plea of the accused and his examination (if nny):

(g) the final order;

(h) the date of such order;

(1) in all cases in which an appeal lies from the final order either under section 383 or under sub-section (3) of section 384, a brief statement of the reasons for the decision.

304. (]) When any person, having been convicted by a Court h; India

45 of 1860.

Order for notifying address of previ- ously convicted, offender.

of an offence punishable under section 215, section 489A, section 489B, section 489C, or section 489D of the Indian Penal Code, or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment for a term of three years or upwards, is again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court 'may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence.

(2) The provisions of sub-section (I) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.

(3) If such conviction is set aside on appeal or otherwise, such order

shall become void.

(4) An order under this section may also be made by an Appellate

Court or by the High Court when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of or absence from residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule mav be tried by a Magistrate of competent jurisdiction in the district In which the place last notified by him as his place of residence is situated.

Order to pay com- pensation.

365. (1) When a Court Imposes a sentence of fine or a sentence (includ- ing a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied—

(a) in defraying expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is. in the opinion of the Court, recoverable by such person in a Civil Court;

13 of 1S55.

(c) when any person is convicted of any offence for having caused the death of another person or of having abetted the com- mission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 entitled to recover damages from the person sentenced for the loss resulting to them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having volun- tarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating anv bona fide purchaser of such property for the loss of the same if such pro- perty Is restored to' the possession of the person entitled thereto.

(2) If the fine is imposed In a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the

Imprisonment for life or imprison-

409

Ditto

Ditto

Ditto.

S E C

.

ment for 10 years and fine.

2 Criminal breach of trust by public ser- vant or by banker, merchant or agent, etc.

]

Imprisonment for 3 years, or fine, or

Ditto

Ditto

411 Dishonestly receiving stolen property know-

Any Magistrate.

both.

ing it to be stolen.

Ditto

412

Ditto

Court of Session.

T H E

Imprisonment for life, or rigorous imprisonment for 10 years, and fine.

Dishonestly receiving stolen property, knowing that it was obtained by dacoi- ty-

Imprisonment for life, or imprison-

413

Ditto

Habitually dealing in stolen property

Ditto

Ditto.

ment for 10 years, and fine.

G A Z E T T E

O F

Imprisonment for 3 years, or fine, or

414

Ditto

Ditto

Any|Magistrate.

I Assisting in concealment or disposal of stolen property, knowing it to be stolen. both.

N D

I

Imprisonment for 1 year, or fine,

417 Cheating

Non-cognizable Bailable

A

Ditto.

or both.

Imprisonment for 3 years, or fine, or

Ditto

418

Ditto

Ditto.

both.

Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect.

E X T R A O R D

I

419

Ditto

Cheating by personation .

Cognizable

Ditto

Ditto.

N A R Y

Imprisonment for 7 years and fine.

420

Ditto

Ditto

Magistrate of tbc ftm

class.

Cheating and thereby dishonestly in- ducing delivery of property, or the making, alteration or destruction of a valuable security.

Imprisonment for 2 years, or fine, or

421

Non-cognizable Ditto

Asy Magistrate.

both.

Fraudulent removal or concealment of property, etc, to prevent distribution among creditors.

1 2 6 5

1 2 6 6

By what Court triable

Bailable or non-

Punishment

Offence

bailable

Cognizable or non-cognizable

two

6

5

4

3

2

1

T H E

Any Magistrate.

Bailable

Non-cognizable

Imprisonment for 2 years, or fine, or

422

both.

Fraudulently preventing from bsing made available for his creditors a debt or demand due to the offender.

G A Z E T T F

Ditto

Ditto

Ditto,

Ditto

423

O F

I Fraudulent execution of deed of trans- fer containing a false statement of consideration.

N D

Ditto

Ditto

Ditto

Ditto.

424

I

A Fraudulent removal or concealment of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is emit fed.

Ditto

Ditto- 426 Mischief

Imprisonment for 3 months, or fine, Ditto

E X T R A O R D

I

or both.

Ditto.

427

Ditto

Imprisonment for 2 years, or fine, or

Ditto

N A R Y

born.

Dittn.

428

Cognizable

Ditto

Ditto

Magistrate sf the first

Imprisonment for 5 years, or fine, or

429

Ditto

Ditto

[

class.

both.

P A R T

I I Mischief, and thereby causing damage to the amount of SOJnrpees or upwards. Mischief by killing, poisoning, maim* ing or rendering useless any animal of the value of 10 rupees or upwards. Mischief by killing, poisoning, manning or rendering useless any elephant, camel, horse, eta, whatever may be its value, or any other animal of the value of 50 rupees or upwards.

—

S

t

c

Ditto.

Mischief by causing diminution of

430

Ditto

Ditto

Ditto

.

2

] supply of water for agricultural purposes, etc.

431

Ditto.

Ditto

Ditto

Ditto

T H E Mischief by injury to public road, brid- ge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property.

432

Ditto

Ditto

Ditto.

Ditto

G A Z E T T E Mischief by causing inundation or obstruction to public drainage attended with damage.

O F

I

433

Imprisonment for 7 years, or fine, or

Ditto

Ditto

Ditto.

both.

N D

I

A Mischief by destroying or moving or rendering less useful a lighthouse or sea-mark, or by exhibiting false lights.

Mischief by destroying or moving, etc., a

Any Magistrate.

434

Imprisonment for 1 year, or fine, or

Non-cognizable Ditto

landmark fixed by public authority.

both.

E X T R A O R D

I 435

Imprisonment for 7 years and fine- Cognizable Bailable

Magistrate of the first

class.

N A R Y Mischief by fire or explosive substance with intent to cause damage to an am- ount of 100 rupees or upwards, or, in case of agricultural produce, 10 rupees or upwards.

! Mischief by fire or explosive substance

43<5

Imprisonment for life, or imprison-

Non-bailable

Ditto

Court of Session.

withJntent to destroy a house, etc..

ment for 10 years, and fine-

337

Imprisonment for 10 years and fine

Ditto

Ditto

Ditto.

Mischief with intent to destroy or make unsafe a decked vessel or a vessel of 20 tonnes burden.

1 2 6 7

1 2 6 8

By what Court triable

Punishment

Offence

Bailable or non- bailable

Cognizable or non-cognizable

S"e- ti"n

6

5

1

4

2

3

T H E

Court of Session.

Non-bailable

Cognizable

438

Imprisonment for life or imprison-

The mischief described in the last

ment for 10 years, and fine.

section when committed by fire or any explosive substance.

Ditto.

Ditto

Ditto

439

Imprisonment for 10 years and fine

Running vessel ashore with intent to

G A Z E T T E

commit theft, etc.

O F

Magistrate of the first

Ditto

I

Ditto

Imprisonment for 3 years and fine

440

class.

Mischief committed after preparation made for causing death, or hurt, etc.

N D

I

A

Any Magistrate.

Bailable

Ditto

Imprisonment for 3 months, or fine

447 Criminal trespass

of 500 rupees, or both.

Ditto.

Ditto

Ditto

Imprisonment for one year, or fine of

448 House-trespass

1,000 rupees, or both.

E X T R A O R D

I

Court of Session.

Non-bailable

Ditto

449 House-trespass in order to the commis- sion of an offence punishable with death.

N A R Y Imprisonment for life or rigorous imprisonment for 10 years and fine

Ditto.

Ditto

Ditto

Imprisonment for 10 years and fine

450 House trespass in order to the commis-

sion of an offence punishable with im- prisonment for life.

Any Magistrate.

Bailable

Ditto

[ Imprisonment for 2 years and fine

431

P A R T House-trespass in order to the commis- sion of an offence punishable with im- prisonment.

I I

Non-bailable Ditto.

—

Ditto

Imprisonment for 7 years and fine

If the offence is theft

452

Imprisonment for 7 years and fine

Ditto

Ditto

Ditto.

S E C

.

House-trespass, having made prepar- ation for earning hurt, assault, etc

2

]

Ditto.

Ditto

Imprisonment for 2 years and fine

Larking house-trespass or house-break-

Ditto

453

ing.

Imprisonment for 3 years and fine

Ditto.

Ditto

Ditto

454

T H E Lurking house-trespass or house-breaking in order to the commission of an offence punishable with imprisonment.

Magistrate of the first

Ditto

If the offence be theft . . ..

Imprisonment for 10 years and fine* Ditto

class.

G A Z E T T E

Ditto

Ditto

Ditto

Ditto.

455

O F

I Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc.

N D

I

A

Any Magistrate.

Lurking house-trespass or house-breaking

456

Imprisonment for 3 years and fine Ditto

Ditto

by night.

457

Ditto

Magistrate of the first

Imprisonment for 5 years and fine' Ditto

class.

E X T R A O R D

I Lurking house-trespess or house-breaking by night in order to the commission of an offence punishable with imprison- ment.

N A R Y If the offence is theft . . ..

Ditto

Imprisonment for 14 years and fine

Ditto

Ditto.

458

Imprisonment for 14 years and fine Ditto

Ditto

Ditto.

Lurking house-trespass or house-break- ing by night, after preparation made for causing hurt, etc.

459

Imprisonment for life or imprison- Ditto

Ditto

Court of Session.

ment for 10 years and fine.

Grievous hurt caused whilst commit- ting lurking house-trespass or house- breaking.

J 2 ^ 9

1 2 7 0

Punishment Cognizable or Bailable or non- By what Court triable Offence

non-cognizable bailable

tion

1

5

2

3 4

6

Non-bailabte

Imprisonment for life or imprison- Cognizable

460

Court of Session..

ment for 10 years and fine.

T H E Death or grievous hurt caused by one of several persons jointly con- cerned in house-breaking by night, etc

Any Magistrate.

Ditto

Imprisonment for 2 years, or fine, or Ditto

461

both.

G A Z E T T E Dishonestly breaking open or unias- tening any closed receptacle contain- ing or supposed to contain property.

O F

Bailable

Imprisonment for 3 years, or fine, or Ditto

462

Ditto.

I

both.

N D

I

A Being entrusted with any closed receptacle containing or supposed to contain any property, and fraudulently opening the same.

TO DOCUMENTS AND TO TRADE OR PROPERTY MARKS

CHAPTER XVHL—OFFENCES HELMING

Bailable

Imprisonment for 2 years, or fine, or Non-cognizable

Magistrate of the first 465 Forgery . . . . ..

class.

both.

E X T R A O R D

I

Non-bailable

Imprisonment for 7 years, and fine Ditto

Ditto.

466

N A R Y Forgery of a record of a Court of Justice or of a Registrar of Births, etc., kept by a public servant..

Ditto

Imprisonment for life, or for 10 years, Ditto

Ditto.J 467

and fine.

[ Forgery of a valuable security, will, or authority to make or transfer any valuable security, or to receive any money, etc

P A R T

Cognizable

Imprisonment for life, or imprison- Ditto

Ditto

I I

ment for 10 years, and fine.

When the valuable security is a promis- sory note of the Central Government-

—

468 Forgery for the purpose of cheating

Imprisonment for 7 years and fine Non-cognizable Ditto

Ditto.

S E C

2

Bailable

Imprisonment for 3 years and fine

Ditto

]

Ditto.

469 Forgery for the purpose of harming the reputation of any person or knowing that it is likely to be used for that pur- pose.

Ditto

Punishment for forgery of such docu-

Ditto

Using as genuine a forged document which

Ditto.

471

T H E

ment.

is known to be forged.

Cognizable

Ditto

Ditto

Ditto.

When the forged document is a promissory note of the Central Government.

G A Z E T T E

O F

472

Imprisonment for life or imprison-

Ditto.

I

Non-cognizable Ditto

ment for 7 years, and fine.

N D

I

A Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable under section 467 of the Indian Penal Code, or possessing with like intent any such seal, plate, etc,, knowing the same to be counterfeit.

473

Imprisonment for 7 years and fine

Ditto.

Ditto

Ditto

E X T R A O R D

I

N A R Y Making or counterfeiting a seal, plate, etc., with intent to commit a forgery punishable otherwise than under section 467 of the Indian Penal Code, or posses- sing with like intent any such seal, plate, etc., knowing the same to be counterfeit.

474

Ditto

Ditto

Ditto.

Ditto

Having possession of a document, know- ing it to be forged, with intent to use it as genuine; if the document is one of the description mentioned in sec- tion 466 of the Indian Penal Code.

1 2 7 1

1 2 7 2 Offence

By what Court triable

Punishment Cognizable or Bailable or non-

Sec- tion

non-cognuable bailable

1

2

6

3 4

5

Bailable

Magistrate of the

Imprisonment for life, or imprison- Non-cognizable

T H E

ment for 7 years, and fine.

first class.

If the document is one of the description mentioned in section 467 of the Indian Penal Code*

4751

Ditto

Ditto.

Ditto Ditto

G A Z E T T E

O F Counterfeiting a device or mark used for authenticating documents described in section 467 of the Indian Penal Code, or possessing counterfeit marked ma- terial.

I

N D

I 476

Non-bailable

Ditto.

Imprisonment for 7 years, and fine Ditto

A Counterfeiting a device or mark used for authenticating documents other than those described in section 467 of the Indian Penal Code of posses- sing counterfeit marked material.

E X T R A O R D 477

Ditto

Ditto.

I

Imprisonment for life, or imprison- Ditto

ment for 7 years, and fine.

Fraudulently destroying or defacing, or attempting to destroy or deface, or secreting, a will, etc

N A R Y

477A

Bailable

Falsification of accounts . . ..

Ditto.

Imprisonment for 7 years, or fine, or Ditto

both.

482

Bailable

Any Magistrate.

Using a false property mark with intent Imprisonment for 1 year, or fine, or Non-cognfiable

[ to deceive or injure any person.

both.

P A R T 483

Ditto.

Ditto

Imprisonment for 2 years, or fine, or Ditto

both.

U —

Counterfeiting a property mark used by another, with intent to cause damage or injury.

Magistrate of the first 484

Imprisonment for 3 years, and fine

Ditto

Ditto

S L C

.

class*

2

] Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., of any property.

Ditto

Imprisonment for 3 years, or fine, ox

Ditto

Ditto 485

both.

T H E Fraudulently making or having pos- session of any die, plate or other ins- trument for counterfeiting any pub- lic or private property mark.

Ditto

Imprisonment for 1 year, or fine, or

Ditto

Any Magistrate 486 Knowingly selling goods marked with a

both.

counterfeit property mark.

G A Z E T T E

Ditto

Ditto

Imprisonment for 3 years, or fine, or

Ditto 487

O F

both.

I

N D

I

A Fraudulently making a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods which it does not contain, etc

Ditto

Ditto

Ditto

Ditto 488 Making use of any such false mark . .

Ditto

Imprisonment for 1 year, or fine, or

Ditto

jDitto 489

E X T R A O R D Removing, destroying or defacing pro- perty mark with intent to cause injury.

I

both.

N A R Y

Cognizable

Imprisonment for life or imprison-

Non-bailable

489A Counterfeiting currency-notes or bank-

Court of Session.

ment for 10 years, and fine.

notes.

Ditto

Ditto

Ditto

489B Using as genuine forged or counterfeit

Ditto

currency-notes or bank-notes.

Imprisonment for 7 years, or fine, or

Ditto

Possession of forged or counterfeit currency-

Bailable

Ditto 489C

both.

notes or bank-notes.

1 2 7 3

I 2

By what Court triable

2 4 Offence

Cognizable or Bailable or non-

Punishment

Sec- tion

non-cognizable bailable

6 1

2

4

5

3

489D Making or possessing instruments or

Non-bailable Court of Session.

Imprisonment for life or imprison- Cognizable

T H E

ment for 10 years, and fine.

material for forging or counterfeiting currency-notes or bank-notes.

Any Magistrate.

489E

: Bailable

Making or using documents resembling Fine of 100 rupees.

Non-cognizable

currency-notes or bank-notes.

G A Z E T T E

Ditto] On refusal to disclose the name and Fine of 200 rupees. Ditto

Ditto

O F address of the printer.

I

CHAPTER XIX—CRIMINAL BREACH OF CONTRACT OF SERVICE

N D

I 491

Bailable

Any Magistrate.

Being bound to attend on or supply the Imprisonment for 3 months, or fine of Non-cognizable

A

wants of a person who is helpless 200 rupees, or both, from youth, unsoundness of mind or disease, and voluntarily omitting to do so.

TO MARRIAGE

E X T R A O R D

I 493

Magistrate of the first

CHAPTER XX—OFFENCES RELATING Imprisonment for 10 years, and fine. Non-cognizable.) Non-bailable.

class.

N A R Y A man by deceit causing a woman not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief.

494 Marrying again during the lifetime of

Ditto

Imprisonment for 7 years and fine.

Bailable

Ditto

a husband or wife.

[

495

Ditto

Ditto

Ditto

Imprisonment for 10 years and fine.

P A R T

I I Same offence with, concealment of the former marriage from the persoa with whom subsequent marriage is con- tracted:

—

496

Imprisonment for 7 years, and

Ditto

Ditto

Ditto

S E C

fine.

2

] A perse n with fraudulent intention going through the ceremony of being married, knowing that he is nrt there- by lawfully married.

Adultery

497 :

Imprisonment for 5 years, or

Ditto

Ditto

Ditto

fine, 1 r both.

T H E Enticing or taking away or detaining

498

Imprisonment fcr 2 years, or fine, or

Ditto.

Ditto

Any Magistrate,

with a criminal intent a married w man. b'tb.

C H A P T ER XXI—DEFAMATION

O A Z E T T E

500

Simple imprisonment for 2

Non-cognizable Bailable

Court of Session.

O F

years, orfine, or both.

I

N D

I

A Defamation against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.

E X T R A O R D Defamation in any other case

Ditto

Ditto

I

Ditto

Magistrate of the first

class.

N A R Y

Ditto

501

Ditto

Ditto

Court of Session.

(a) Printing or engraving matter know- ing it to be defamatory against the President or the Vice-President or the Governor of a State or Administrator of a Union Territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor.

1 2 7 5

By what Court triable

1 2 7 6

Bailable or non-

Punishment

Offence

bailable

Cognizable or 1 non-cognizable

Sec- tion

6

5

4

1

3

2

Magistrate of the first

Bailable ]

Non-cognizable

class.

Simple imprisonment

for 2 year, or fine, or

T H E

both.

(b) Printing or engraving matter know- ing it to be defamatory, in any other case.

l i

Ditto

Ditto

Ditte

Court of Session.

502

A Z E T T E

O F

I

N D

I

A (a) Sale of printed or engraved subs- tance containing defamatory matter, knowing it to contain such matter against the President or the Vice-Presi- dent or the Governor of a State or Administrator of a Union terri- tory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a com- plaint made by the Public Prosecu tor.

Magistrate of the first

Ditto

Ditto

Ditto

class.

(b) Sale of printed or engraved substance containing defamatory matter knowing it to contain such matter in any other

cast.

E X T R A O R D

I CHAPTER XXII—CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

Any jviagisuiut.

, Insult' intended to provoke a breach of

Bailable.

Imprisonment for 2 years, orfine,<

or Non-cognizable

504

the peace.

both.

N A R Y

Impisonment for 3 years,

505

Ditto Non-bailable

Ditto.

or fine, or both.

i False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace.

Ditto

IDitto

Cognizable

Ditto

False statement rumour, etc., with intent to create enmity, hatred or ill-will between different classes.

L P A R T

Ditto

Ditto

Ditto

Imprisonment for]5 year

f l

and fine

—

False statement, rumour, etc, made in place of worship, etc., with intent to create enmity, hatred or ill-will.

506 Criminal intimidation •

Imprisonment for 2 years or fine, Non-cognizable Bailable

Ditto

S E C

.

or both.

2

]

Magistrate of the first

Ditto

Ditto

, Imprisonment for 7 years, or fine, or

If threat be to cause death or grievous hurt

class. etc.

both.

Ditto

Ditto

Ditto 507

T H E

Imprisonmentfor2years, in addition to the punishment under above section.

Criminal intimidation by .anonymous communication or having taken pre- caution to conceal whence the threat comes.

G A Z E T T E

Any Magistrate.

Ditto

Imprisonment for 1 year/or fine, or

Ditto

508

O F

both-

I Act caused by inducing a person to be- lieve that he will be rendered an object of Divine displeasure.

N D

I

A

Cognizable Ditto

Ditto

Simple imprisonment for I year, or

509

fine, or both.

Uttering any word or making any ges- ture intended to insult the modesty of a woman, eta

s Ditto

Simple imprisonment for 24 hoursj or

Non-cognizabk

Ditto

E X T R A O & 510

b

t

fine of 10 rupees, or both.

Appearing in a public place, etc., in a state of intoxication, and causing annoyance to any person.

N A R Y

CHAPTER XXTJI—ATTEMPTS TO COMMIT OFFENCES

511

The court by which the offence attempted is tri-

able.

According as the offence is cognizable or non-cognizable.

Imprisonment for life or imprison- ment not exceeding half of the longest term, provided for the offence, or fine, or both.

Attempting to commit offences punish- able with imprisonment for life or imprisonment, and in such attempt doing any act towards the commission of the offence.

l

According as the offence contemplated by the offender is bailable or not.

2 ?

7

l

2 7 H.—CLASSEFICATION OF OFFENCES AGAINST OTHER LAWS

8

Offence

Bailable or non-bailable

By what Court triable Cognizable or non-cognizable

#

Court of Session.

Non-bailable

Cognizable

T H E If punishable with death, imprisonment for life, or imprisonment for more than 7 years.

Ditto

Ditto

Magistrate of the first class.

If punishable with imprisonment for 3 years and upwards but not more than 7 years.

G A Z E T T E

If punishable with imprisonment for less than

Bailable

Any Magistrate,

Non-cognizflble

O F 3 years or with fine only.

I

N D T A

E X T R A O R D

I

N A R Y

[

P A R T

I I

—

THE SECOND SCHEDULE

(See section 478)

FORM No. 1

SUMMONS TO AN ACCUSED PERSON

(See section 62)

To (name of accused) of (address).

WHEREAS your attendance is necessary to answer to a charge of (state shortly the offence charged), you are hereby required to appear in per- son (or by pleader, as the case may be) before the (Magistrate) of on the day of Herein fail not, Dated this day of 19

(Seal 0/ the Court)

(Signature)

FORM No. 2

WARRANT OF ARREST

(See section 71)

To (name and designation of the person or persons who is or are to execute the warrant).

WHEREAS (name of accused) of (address) stands charged with the offence of (state the offence), you are hereby directed to arrest the said and to produce him before me. Herein fail not.

Dated this day of 19

(Seal of the Court)

(Signature)

(See section 72)

This warrant may be endorsed as follows: —

If the said shall give bail himself in the sum of rupees with one surety in the sum of rupees (or two sureties each in the sum of rupees ) to attend before me on the day of and to continue so to' attend until otherwise directed by me, he may be released.

Dated this day of 19

(Seal of the Court)

(Signature)

205

FORM No. 3

BOND AND BAII>DOND AFTEH ARHEST UNDER A WARRANT

(See section 82)

I, (name), of being brought before the District Magistrate of (or as the case may be) under a warrant issued to compel my appearance to answer to the charge of , do hereby bind myself to attend in the Court of on the day of next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein. I bind myself to forfeit, to Government, the sum of rupees

Dated this day of 19

(Signature).

I do hereby declare myself surety for the above-named of

, that he shall attend before in the Court of on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until other- wise directed by the Court; and, in case of his making default therein, I bind myself to forfeit to Government, the sum of rupees

Dated this day of 19

{Signature)

FORM No. 4

PROCLAMATION REQUIRING THE APPEARANCE OI¹ A PERSON ACCUSED

(See section 83)

WHEREAS complaint has been made before me that • (name, description and address) has committed (or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found, and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing him- self to avoid the service of the said warrant);

Proclamation is hereby made that the said of is requir- ed to appear at (place) before this Court (or before me) to answer the said complaint on the day of

Dated this day of 19

(Seal of the Court)

(Signature)

FORM No. 5

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

(See sections 83, 87 and 90)

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of (mention the offence concisely) and a warrant has been Issued

to compel the attendance of (name, description and address of the wit- ness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said {name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said (name) is required to appear at (place) before the Court of on the day of next at o'clock, to be examined touching the offence complained of.

Dated this day of 19

(Seal of the Court)

(Signature)

FORM No. 6

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS

(See section 84)

To¹ the Police Officer in charge of the police station at

WHEREAS a warrant has been duly issued to compel the attendance of (name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satis- faction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein;

This is to authorise and require you to attach by seizure the movable property belonging to the said to the value of rupees which you may find within the District of .and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated this day of 19

(Seal of the Court)

(Signature)

FORM No. 7

ORDKH OF ATTACHMENT TO COMPEL THE APPEARANCE OF A

PERSON ACCUSED

(See section 84)

To (name and designation of the person or persons who is or are to

execute the warrant).

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing

himself to avoid the service of the said warrant) and thereupon a Pro- clamation has been or is being duly issued and published requiring the said to appear to answer the said charge within days; end- whereas the said is possessed of the following property other than land paying revenue to Government in the village (or town) of , in the District of viz., and an order has been made for the attachment thereot;

You are hereby required to attach the said property by seizure, and to hold the same under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated this day of 19

(Seal of the Court)

(Signature)

FORM No. 8

ORDER AUTHORISING AN ATTACHMENT BY THE DEPUTY COMMISSIONER

AS COLLECTOR

(See section 84)

To the Deputy Commissioner of the District of

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed)' the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the ervice of the said warrant) and thereupon a Pro- clamation has been or is being duly issued and published requiring the said (name) to appear to answer the said charge within days; and whereas the said is possessed of certain land paying revenue to Government in the village (or town) of in the District of

You are hereby authorised and requested to cause the said land to be attached, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order.

Dated this day of 19

(Seal of the Court)

(Signature)

FORM No. 9

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS

(See section 87)

To (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS complaint has been made betore me that (name and des- cription of accused) of (address) has (or is suspected to have) com- mitted the offence of (mention the affence concisely), and it appears

likely that (name and description of witness) can give evidence con- cerning the said complaint; and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so;

This is to authorise and require you to arrest the said (name of wit- ness), and on the day of to bring him before this Court, to be examined touching the offence complained of.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 10

WARRANT TO SEARCH AFTEH INFORMATION OF A PARTICULAR OFFENCE

(See section 93)

To (name and designation of the police officer or other person or persons

who is or are to execute the warrant).

WHEREAS information has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of (mention the offence concisely), and it has been made to appear to me that the production of (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence);

This is to authorise and require you to search for the said (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forth- with before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 11

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT

(See section 94)

To (name and designation of a police officer above the rank of a

Constable).

WHEREAS information has been laid before me, and on due inquiry thereupon had I have been led to believe that the (describe the house or other place) is used as a place for the deposit (or sale) of stolen pro- perty (or if for either of the other purposes expressed in the section, state the purpose in the words of the section);

This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every p a rt of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manu- facture of forged documents, or counterfeit stamps, or false seals, or coun- terfeit coins (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 12

BOND TO KEEP THE PEAICB

(See section 108)

WHEREAS i, (name), inhabitant of (place), have been called upon to enter into a bond to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of , I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees

Dated this day of 19

(Signature)

FORM No. 13

BOND FOB GOOD BEHAVIOUR

(See sections 109, 110 and 111)

WHEREAS I, (name), inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of (state the period) or until the comple- tion of the inquiry in the matter of now pending in the Court of , I hereby bind myself to be of good behaviour to Govern- ment and all the citizens of India during the said term or until the com- pletion of the said inquiry; and, in case of my making default therein, I bind myself to forfeit to Government the sum of rupees

Dated this day of , 19

(Signature)

(Where a bond with sureties is to be executed, add ).

We do hereby declare ourselves sureties for the above-named

that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees

Dated this day of , 19

(Signature)

FORM No. 14

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE

(See section 114)

To

of

WHEREAS it has been made to appear to me by credible Information that (state the substance of the information), and that you are likely to com- mit a breach of the peace (or by which act a breach of the peace will pro- bably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of on the day of 19 , at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees {when sureties are required, add, and also to give secu- rity by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees (each if more than one)~\, that you will keep the peace for the term of

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 15

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP

THE PEACE

(See section 123)

To' the Superintendent (or Keeper) of the Jail at

WHEREAS (name and address) appeared before me in person (or by his authorised agent) on the day of in obedience to a summons calling upon him to show cause why he should not enter Into a bond for rupees with one surety (or a bond with two sureties each in rupees ), that he, the said (name), would keep the peace for the period of months: and whereas an order was then made requiring the said (name) to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order;

This is to authorise and require you, the said Superintendent (or Keeper), to receive the said (name) into your custody, together with

this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19

(Seal of the Court)

[Signature)

FORM No. 16

WARRANT OF COMMITMENT ON FAILURE TO FIND SECUHTTX FOR GOOD

BEHAVIOUR

(Sec section 123)

To the Superintendent (or Keeper) of the Jail at

WHEREAS it has been made to appear to me that (name and description) has been and is lurking within the district of having no osten- sible means of subsistence (or, and that he is unable to give any satisfactory account of himself);

or

WHEREAS evidence of the general character of (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be);

And whereas an order has been recorded stating the same and re- quiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees and the said surety (or each of the said sureties) for rupees and the said (name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished;

This is to authorise and require you, the said Superintendent (or Keeper), to receive the said (name) into your custody, together with this warrant and him safely to keep in the Jail for the said period of {term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 17

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See sections 123 and 124)

To the Superintendent (or Keeper) of the Jail at (or other officer in whose custody the person is).

WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day of and has since duly given security under section of the Code of Criminal Procedure;

or

and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community;

This to authorise and require you forthwith to discharge the said (name) from your custody unless he is liable to be detained for some other cause.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 18

WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE

(See section 128)

To the Superintendent (Or Keeper) of the Jail at

WHEREAS (name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife (name) [or his child (name), who is by reason of (state the reason) unable to maintain herself (or himself) ] and to have neglected (or refused) to do so, and an order has been duly made requiring the said (name) to allow to his said wife (or child) for maintenance the monthly sum of rupees ; and whereas it has been further proved that the said (name) in wilful disregard of the said order has failed to pay rupees , being the amount of the allowance for the month (or months) of

And thereupon an order was made adjudging him to undergo simple (or rigorous) imprisonment in the said Jail for the period of

This is to authorise and require you, the said Superintendent (or Keeper), to receive the said (name) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of 19

(Seal of the Court)

(Signature)

FORM No. 19

WARRANT TO ENFORCE THE PAYMENT OP MAINTENANCE BY ATTACHMENT

AND SALE

(See section 128)

To (name and designation of the police officer or other person to execute

the warrant).

WHEREAS an order has been duly made requiring (name) to allow to his said, wife (or child) for maintenance the monthly sum of rupees and whereas the said (name) in wilful disregard of the said order has failed to pay rupees being the amount of the allowance for the month (or months) of

This is to authorise and require you to attach any movable property belonging to the said (name) which may be found within the district of , and if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorse- ment certifying what you have done under it, immediately upon its execution.

Dated, this day of 19

(Seal of the Court)

(Signature)

FORM No. 20

ORDER FOR THE REMOVAL OF NUISANCES

(See section 136)

To (name, description and address).

WHEHEAS it has been made to appear to me that you are carrying on as owner, obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place), by, etc., (State what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists;

WHEREAS it has been made to apppear to me that you are carrying on as owner, or manager, the trade or occupation of (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason (state briefly in xuhat manner the injurious effect* are caused), and should be sup- pressed or removed to a different place;

or

WHEREAS it has been made to appear to me that you arc the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way (describe the thoroughfare). and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a face (or insecurely fenced);

or

WHEREAS, etc., etc., (as the case may be);

I do hereby direct and require you within (state the time allowed) to (state what is required to be done to abate the nuisance) or to appeal ax in the Court of on the day of next, and to show cause why this order should not be enforced)

or

I do hereby direct and require you within (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.;

or

I do hereby direct and require you within (state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenc- ed); or to appear, etc,;

or

I do hereby direct and require you, etc., etc., (as the case may be).

Dated,

this day of

19 .

(Seal 0/ the Court)

(Signature)

FOKM No. 21

MAGISTRATE'S NOTICE AND PEREMPTORY ORDER

(See section 143)

To (name, description and address).

I HEREBY give you notice that it has been found that the order Issued on the day of requiring you (state substantially the requi- sition in the order) is reasonable and proper. Such order has been made absolutely, and I hereby direct and require you to obey the said order within (state the time allowed), on peril of the penalty provided by the Indian Penal Code for disobedience thereto.

t h is d ay of

Dated,

(Seal of the Court)

(Signature)

FORM No. 22

INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER pBNDnra INQUIRY

(See section 144)

To (name, description and address).

WHEREAS the inquiry to determine whether my order issued on the WHEREAS m *V b lc md p r o p er ^ s t i ll pending, and it has

S ^ S S S S E tK *ePCod. of Crtain.1 Procure, direc. "*

enjoin you forthwith to (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry.

D a t e d>

this day of

19

(Seat of the Court)

(Signature)

FORM No. 23

MAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE

(See section 145)

To (name, description and address).

WHEREAS it has been made to appear to me that, etc. (state the proper

recital, guided by Form No. 19 or Form No. 27, as the case may be);

I do hereby strictly order and enjoin you not to repeat the said nuis- ance by again placing or causing or permitting to be placed, etc. (as the case may be).

Dated,

this day of

19 .

(Seal of the Court)

(Signature)

FORM No. 24

MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO BBTAIN POSSESSION OF LANB,

ETC, IN DISPUTE

(See section 146)

It appears to me, on the grounds duly recorded, that a dispute,Jikely to induce a breach of the peace, existed between (describe the pfrtiei by name and residence3 or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute), aituate within my tocal jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said {the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said (name or names or description) is true; I do decide and declare that he is (or they are) in possession of the said (tfie subject of dispute) and entitled to retain such possession until oust- ed by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime.

Dated,

this day of

19 .

(Seal of the Court)

(Signature)

FORM No. 25

WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THK POSSESSION 09

M N D, ETC.

(See section 147)

To the Police Officer in charge of the police station at (or, To the Collector of ).

WHWEAS it has been inade to appear to me that a dispute likely to In- duce a breach of the peace existed between (describe the parties concern- ed by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) situate within the limits of my jurisdiction, and trie suid parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the sakl parties was in possession of the said (the subject of dispute) (Or I am unable to satisfy myself as to which of the said parties was in posssession as aforesaid);

This is to authorise and require you to attach the said (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court deter- mining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certify- ing the manner of Its execution.

Dated,

this day of

19 . (Seal of the Court)

(Signature}

F O RM No. 26

MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING OK LAND OR

WATER

(•See section 148)

A DISPUTE having arisen concerning the right of use of (state concisely the subject of dispute) situate within the limits of my jurisdiction, the possession of which land (or water) is claimed exclusively by (describe the person or persons), and it appearing to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (Or if by an individual 'or a class of persons, des- cribe him or them) and (if the use can be enjoyed throughout the year) that the said use has. been enjoyed within three months of the institution of the said Inquiry (or if the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is capable of being enjoyed");

I do order that the said (the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a compe- tent Court adjudging him (or them) to be entitled to exclusive possession.

Dated,

this day of

19

(Seal of the Court)

(Signature).

FORM No. 27

MAGISTRATE'S ORDEB TO PREVENT OBSTRUCTION, RIOT, ETC.

CSce section 151)

To (name, description and address).

WHEREAS it has been made to appear to me that you are in possession (or have the management) of (describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a por- tion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road;

or

WHEREAS it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and pro- ceed in a religious procession along the public street, etc., (as the case may be), and that such procession is likely to lead to a riot or an affray;

or

WHEREAS, etc., etc., (as the case may be);

I do hereby order you not to place or permit to be placed any of the

earth or stones dug from land on any part of the said road;

or

I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part hi such procession (or as the case recited may require).

Dated, this day of . 19

(Seal of the Court)

(Slgnatun)

FORM No. 28

BOND AND BAIL-BOND ON A PRELIMINARY iNQtmnr BEFORE A POLIOS o m en

(See section 172)

I, (name), of , being charged with the offence of and after

inquiry required to appear before the Magistrate of

or

and after inquiry called upon to enter Into my own recognizance to ap- pear when required, do hereby bind myself to appear at , in the Court of , on the day of next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and, In case of my taking default herein, I bind myself to forfeit to Government, the sum of rupees

Pated, this day of 19

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said that he shall attend at , in the Court of , on the day of

next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees

Dated, this day of , 19

(Signature).

FORM No. 29

BOND TO PROSECUTE OR GIVE EVIDENCE

(See section 173)

I, (name), of (place) , do hereby bind myself to attend at

In the Court of at o'clock on the day of next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of against one A.B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees

Dated, this day of , 19 .

(Signature).

FORM No. 30

NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 214)

The Magistrate of hereby gives notice that he has committed one for trial at the next Sessions; and the Magistrate hereby Ins- tructs the Public Prosecutor to conduct the prosecution of the said case The charge against the accused is that, etc. (state the offence as in the

charge).

Dated, this day of, 19

(Signature)

v y

(Seal of the Court)

FORM No. 31

CHARGES

(See sections 215, 216 and 217)

I. CHARGES WITH ONE HEAD

(1) (a) I, (name and office of Magistrate, etc.), hereby charge you (name of accuse^, person) as follows: —

On Penal

Code,

section

121.

(b) that you, on or about the day of , at , waged war against the Government of India and thereby committed an offence punishable under section 121 of the Indian Penal Code, and within the cognizance of this Court.

(c) And I hereby direct that you be tried by this Court on the said

charge.

(Signature and Seal of the Magistrate)

[To be substituted for (b)]: —

(2) That you, on or about the day of , at

OnMctlon

124.

with the intention of inducing the President of India [or, as the case, may be, the Governor of (name of State) ] to refrain from exercising a lawful power as such President (Or, aa the case may be, the Governor), assault- ed President (or, as the case may be, the Governor), and thereby com-r mitted an offence punishable under section 124 of the Indian Penal Code, and within the cognizance of this Court.

On section 161.

(3) That you, being a public servant in the Department, directly accepted from (state the name) for another party (state the name) grati- fication other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punishable under sec- tion 161 of the Indian Penal Code, and within the cognizance of this Court.

On section 166.

(4) That you, on or about the day of , at , did (or omitted to do, as the case may be) , such conduct being con- trary to the provisions of Act , section , and known by you to be prejudicial to , and thereby committed an offence punishable under section 166 of the Indian Penal Code, and within the cognizance of this Court.

On section

193.

(5) That you, on or about the day of , at , in the course of the trial of before , stated in evidence that " " which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 of the Indian Penal Code, and within the cognizance of this Court.

(6) That you, on or about the day of , at .commit-

On section

304.

ted culpable homicide not amounting to murder, causing the death of and thereby committed an offence punishable under section 3ft* of the Indian Penal Code, and within the cognizance of this Court.

On section

308.

(7) That you,, on or about the day of , at , abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 306 of the Indian Penal Code, and within the cognizance of this Court.

On section 325.

(8) That you, on or about day of , at , voluntarily caused grievous hurt to , and thereby committed an offence punish- able under section 325 of the Indian Penal Code, and within the cogniz- ance of this Court.

On section

302.

(9) That you, on or about the day of , at , robbed (state the name), and thereby committed an offence punishable under sec- tion 392 of the Indian Penal Code, and within the cognizance of this Court.

On section

395.

(10) That you, on or about the day of , at , commit- ted dacoity, an offence punishable under section 395 of the Indian Penal Code, and within the cognizance of this Court.

II. CHABGES WITH TWO OH MORE HEADS

(1) (a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows: —

On section 241.

(b) First—That you, on or about the day of , at , knowing a coin to be counterfeit, delivered the same to another person, by name, A.B., as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session (or High Court).

Secondly—That you, on or about the day of , at , knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cog- nizance of the Court of Session (or High Court).

(c) And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)]: —

On sec- tions 302 and 304.

(2) First—That you, on or about the day of , at , committed murder by causing the death of , and thereby committed an offence punishable under section 302 of the Indian Penal Code, and within the cognizance of the Court of Session (or High Court).

Secondly—That you, on or about the day of , at , by causing the death of , committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of the Court of Session (or High Court).

On sec- tions 379 and 383.

(3) First—That you, on or about the day of , at , committed theft, and thereby committed an offence punishable under sec- tion 379 of the Indian Penal Code, and within the cognizance of the Court of Session (or High Court).

Secondly—That you, on or about the day of , at , committed theft, having made preparation for causing death to a person in ttrder to the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session (or High Court).

Thirdly—That you, on or about the day of , at , committed theft, having made preparation for causing restraint to a per- son In order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 oi the Indian Penal Code, and within the cognizance of the Court of Session (or High Court).

Fourthly—That you, on or about the day of , at

committed theft, having made preparation for causing fear of hurt to s person in order to the retaining of property taken by such theft and there- by committed an offence punishable under section 382 of the Indian Pena] Cod*, and within the cognizance of the Court of Session (or High Court)

Alterna- tive charge on section 193.

(4) That you, on or about the day of , at f in the course of the inquiry into , before , stated in evidence that " ", and that you, on or about the day of , at , in the course of the trial of , before , stated in the evidence that " ", one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punish- able under section 193 of the Indian Penal Code, and within the cognizance of the Court of Session (or High Court).

(In cases tried by Magistrates substitute "within my cognizance" for "within the cognizance of the Court of Session" and in (c) omit "by the said Court".)

III. CHARGE FOR THEFT AFTER PREVIOUS CONVICTION

I, (name and office of Magistrate, etc.), hereby charge you (name of

accused person) as follows: —

That you, on or about the day of , at , committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session

(Or High Court/Magistrate, as the case may be).

And you, the said (name of accused), stand further charged that you, before the committingof the said offence, that is to say, on the day of , had been convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code.

And I hereby direct that you be tried, etc.

FORM No. 32

SUMMONS TO WITNESS

(See sections 62 and 250)

To

of

WHEREAS complaint has been made before me that (name of the accused) of (address) has (or is suspected to have) committed the offence of (state the offence concisely with time and place), and it appears to me that you are likely to give material evidence for the prosecution;

You are hereby summoned to appear before this Court on the

day of next at ten o'clock in the forenoon, to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.

Dated, this day of

, 19

(Seal of the Court)

(Signature)

FORM No. 33

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSEE

BY A MAGISTRATE

(See sections 256, 263 and 426)

To the Superintendent (or Keeper) of the Jail at

WHEREAS on the day of , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 , was convicted before me (name and official desig- nation) of the offence of (mention the offence or offences concisely) under section (or sections) of the Indian Penal Code (or of Act ), and was sentenced to (state the punishment fully and distinctly);

This is to authorise and require you, the said Superintendent (or Keeper), to receive the said (prisoner's name) into your custody in the soid Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.

Dated, this day of , 19 .

(Signature)

(Seal of the Court)

FORM No. 34

WARRANT OF IMPRISONMENT ON FAILURE TO RECOVER AMENDS BY ATTACHMENT

AND SALE

(See section 258)

To the Superintendent (or Keeper )of the Jail at

WHEREAS (name and description) has brought against (name and description of the accused person) the complaint that (mention it con- cisely) and the same has been dismissed as false and frivolous (or vexatious), and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as amends; and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of days, unless the aforesaid sum be sooner paid;

This Is to authorise and require you, the said Superintendent (or Keeper), to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term 0/ imprisonment), subject to the provisions of section 69 of the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of . 19

(Signature)

(Seal of the Court)

FORM No. 35

ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWER-

ING TO CHARGE OF OFFENCE

(See section 274)

To

The Officer in charge of the (name 0/ prison)

at

WHEREAS the attendance of (name of prisoner) at present confined/ detained in the above-mentioned prison, is required in this Court to answer to a charge of (state shortly the offence charged);

You are hereby required to produce the said under safe and sure conduct before this Court on the day of , 19 , by A.M. there to answer to the said charge, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof.

Dated, this day of , 19 .

(Signature)

[Seal oj the Court)

Countersigned.

(Seal)

(Signature)

FORM No. 36

ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING

EVIDENCE

(See section 274)

To

The Officer in charge of the (name of prison)

at

WHEREAS complaint has been made before this Court that (.name oj the accused) of has committed the offence of (state of ence concisely with time and place) and it appears that (name of prisoner) at present confined/detained in the above-mentioned prison, is likely to give material evidence for the prosecution/defence;

You are hereby required to produce the said under safe and sure conduct before this Court at on the day of ,19 , by A.M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said of the

contents of this order and deliver to him the attached copy thereof.

Dated, this day of , 19

(Seal of the Court)

(Signature)

Countersigned.

(Seal)

(Signature)

FORM No. 37

WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS

IMPOSED

[See section 353(1)]

To the Superintendent (or Keeper) of the Jail at

WHEREAS at a Court held before me on this day (name and description of the offender) in the presence (or view) of the Court committed wilful contempt;

And whereas for such contempt the said (name of the offender) has been adjudged by the Court to pay a fine of rupees , or in default to suffer simple imprisonment for the space of (state the number of months or days);

This is to authorise and require you, the Superintendent (or Keeper) of the said Jail, to receive the said (name of offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, return- ing this warrant with an endorsement certifying the manner of ita execution.

Dated, this day of , 19 .

(Seal of the Court)

(Signature)

FORM No. 38

MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING

TO ANSWER

(See section 357)

To (name and designation of officer of Court)

WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an In- quiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, without alleging any just excuse for such refusal, and for his contempt has been adjudged detention in custody for (term of detention adjudqed):

This ia to authorise and require you to take the said (name) into custody, and him safely to keep in your custody for the space of days, unless in the meantime he shall consent to be examined and to ans- wer the questions asked of him, and on the last of the said days, or forth with on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 39

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH

(See section 374)

To the Superintendent (or Keeper) of the Jail at

WHEREAS at the Session held before me on the day of

19 , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner In case No. of the Calendar at the said Session, was duly con- victed of the offence of culpable homicide amounting to murder under section of the Indian Penal Code, and sentenced to suffer death, subject to the confirmation of the said sentence by the Court of ;

This is to authorise and require you, the said Superintendent (or Keeper), to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court.

Dated, this day of , 19 .

(Seal of the Court)

(Signature)

FORM No. 40

WARRANT OF EXECUTION OF A SENTENCE OF DEATH (See section 423)

To the Superintendent (or Keeper) of the Jail at

WHEREAS (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar at the Session held before me on the day of , 19 , has been by a warrant of the Court, dated the day of , committed to your custody under sentence of death; and whereas the order of the Court of confirming the said sentence has been received by this Court;

This "is to authorise and require you, the said Superintendent (or Keeper), to carry the said sentence into execution by causing the said

to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying' that the sentence has been executed.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 41

WARRANT AFTER A COMMUTATION OF A SENTENCE

(See sections 423 and 426)

To the Superintendent (or Keeper) of the Jail at

WHEREAS at a Session held on the day of , 19 , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner In case No. of the Calendar at the said Session, was convicted of the offence of , punishable under section of the Indian Penal Code, and sentenced to , and was thereupon committed to your custody; and whereas by the order of the Court of (a duplicate of which is hereunto annexed) the punish- ment adjudged by the said sentence has been commuted to the punish- ment of Imprisonment for life (or as the case may be);

This is to authorise and require you, the said Superintendent (or Keeper) safely to keep the said (prisoner's name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order,

or If the mitigated sentence is one of imprisonment, say, after the words, "custody in the said Jail", "and there to carry into execution the punish- ment of imprisonment under the said order according to law".

Dated, this day of , 19 .

(Seal of the Court)

(Signature)

FORM No. 42

WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE

[See section 431 (1) (a) ]

To (name and designation of the police officer or other person or per-

sons who is or are to execute the warrant).

WHEREAS (name and description of the offender) was on the

day of , .19 , convicted before me of the offence of (mention the offence concisely), and sentenced to pay a fine of rupees ; and whereas the said (name), although required to pay the said fine, has not paid the same or any part thereof;

This is to authorise and require you to attach any movable property belonging to the said (name), which may be found within the district of ; and, If within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or

forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with en endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of . 19

(Seal of the Court)

(Signature)

FORM No. 43

BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE

[See section 434(1) (b)]

WHEREAS I, (name), inhabitant of (place), have been sentenced to pay a fine of rupees and in default of payment thereof to undergo im- prisonment for ; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date (or dates) namely.—

I hereby bind myself to appear before the Court of at

o'clock on the following date (or dates) namely: —

and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees

Dated, this day of , 19 .

(Signature)

Where a bond with sureties is to be executed, add—

We do hereby declare ourselves sureties for the above-named

that he will appear before the Court of on the following date (or dates), namely: —

and, in case of his making default therein, we bind ourselves jointly

and severally to forfeit to Government the sum of rupees

(Signature)

FORM No. 44

BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A MAGISTRATE

(See sections 445 and 450)

I, (name)

(place), , of being brought before the Magistrate of (as the case may be) charged with the offence of , and required to give security for my attend- ance in his Court and at the Court of Session, if required, do bind myself to attend at the Court of the said Magistrate on every day of the prelimi- nary inquiry into the said charge, and, should the case be sent for trial by the Court of Session, to be, and appear, before the said Court when called upon to answer the charge against me; and, in case of my making default herein, I bind myself to forfeit to Government the sum of rupees

Dated, this day of , 19 .

(Signature)

&C- ²J THE dAZfeTTE Of> iNDtA EJiXfeAOfeDtNARV

t 3 o3

i hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the said (name) that he shall at- tend at the Court of on every day of the preliminary in- quiry into the offence charged against him, and, should the case be sent for trial by the Court of Session, that he shall be, and appear, before the said Court to answer the charge against him, and, in case of his making default therein, I bind myself (or we bind ourselves) to forfeit to Gov- ernment the sum of rupees

Dated, this day of , 19

(Signature)

FORM No. 45

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See section 451)

To the Police Officer in charge of the police station at

(or other officer in whose custody the person is).

WHEREAS (name and description of prisoner) was committed to your custody under warrant of this Court, dated the day of , and has since with his surety (or sureties) duly executed a bond under section 450 of the Code of Criminal Procedure;

This Is to authorise and require you forthwith to discharge the said (name) from your custody, unless he is liable to be detained for some other matter.

Dated, this day of , 19 .

(Seal of the Court)

(Signature)

FORM No. 46

WARRANT OF ATTACHMENT TO ENFORCE A BOND

(See section 455)

To the Police Officer in charge of the police station at

WHEREAS (name, description and address of person) has failed to ap- pear on (mention the occasion) pursuant to his recognizance, and has by such default forfeited to Government the sum of rupees (the penalty in the bond); and whereas the said (name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him;

This Is to authorise and require you to attach any movable property of the said (name) that you may find within the district of , by suizure and detention, and, if the said amount be not paid within three days, to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under thin warrant immediately upon its execution.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 47

NOTICE TO SURETY ON BREACH OF A BOND

(See section 455)

To of

WHEREAS on the day of

, 19

you became surety for (name) of (place) that he should appear before this Court on the day of and bound yourself in default thereof to forfeit the sum of rupees to¹ Government; and whereas the said (name) has failed^ to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees ;

You are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not

be enforced against you.

Dated, this day of , 19

(Seal of the Court)

(Signature)

FORM No. 48

NOTICE TO SURETY OF FORFEITURE OP BOND FOR GOOD BEHAVIOUR

(See section 455)

To

of

WHEREAS on the day of

, 19 , you be- came surety by a bond for (name) of (place) that he would be of good behaviour for the period of and bound yourself in default there- of to forfeit the sum of rupees to Government; and whereas the said (name) has been convicted of the offence of (mention the offence con- cisely) committed since you became such surety, whereby your security bond has become forfeited;

You are hereby required to pay the said penalty of rupees

or to show cause within days why it should not be paid.

Dated, this day of , 19 .

(Seal of the Court)

(Signature)

FORM No. 49

WARRANT OF ATTACHMENT AGAINST A SURETY

(See section 455)

To

of

WHEREAS (name, description and address) has bound himself ag surety for the appearance of (mention the condition of the bond) and the said (name) has made default, and thereby forfeited to Government the sum oi rupees

(the penalty in the bond);

This is to authorise and require you to attach any movable property of the said (name) which you may find within the district oi , by seizure an.d detention; and, if the said amount be not paid within thre* days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution.

Dated, this

day of

, 19 .

(Seal of the Court)

(Signature)

FORM No. 50

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON

ADMITTED TO BAIL

(See section 455)

To the Superintendent (or Keeper) of the Civil Jail at

WHEREAS (name and description of surety) has bound himself as a surety for the appearance of (state the condition of the bond) and the said (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said (name of surety) has, on due notice to him, failed to pay the said sum or show- any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of movable property of his, and an order has been made for his imprisonment in the Civil Jail for (specify the period);

This is to authorise and require you, the said Superintendent (or Keeper) to receive the said (name) into your custody with this warrant and him safely to keep in the said Jail for the said (term of imprison- ment), and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this

day oi

, 19

(Sea! of the Court)

(Signature)

1396 Law.—32

FORM No. 51

NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE

(See section 455)

To (name, description and address)

WHEREAS on the day of , 19 ? you entered into a bond not to commit, etc., {as in the bond), and proof of the forfeiture of the same nas been given before me and duly recorded;

You are hereby called upon to pay the said penalty of rupees

or to show cause before me within days why payment of the same

should not be enforced against you.

Dated, this day of 19

(Seal of the Court)

(Signature.)

FORM No. 52

WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND

TO KEEP THE PEACE

(See section 455)

To (name, designation of police officer), at the police station of

WHEREAS (name and description) did, on the day of

19 , enter into a bond for the sum of rupees binding himself not to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly record- ed; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum;

This is to authorise and require you to attach by seizure movable pro- perty belonging to the said (name) to the value of rupees , which you may find within the district of , and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution.

Dated, this

day of • 1®

(Seal of the Court)

(Signature)

FOKM No. 53

WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE

(See section 455)

To the Superintendent (or Keeper) of the Civil Jail at

to keep the peace, whereby he has forfeited to Government the sum of rupees ; and whereas the said (name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attach- ment of his movable property, and an order has been made for the Im- prisonment of the said (name) in the Civil Jail for the period of (term

of imprisonment);

This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail, to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), and to return that warrant with an endorsement certifying the manner of its execution.

Dated, this

day of

, 19

(Seal of the Court)

(Signature)

FORM No. 54

WARRANT OP ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD

BEHAVIOUB

(See section 455)

To the police officer in charge of the police station at

WHEREAS (name, description and address) did, on the day of , 19 , give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said (name) of the offence of whereby the said bond has been forfeited; and whereas notice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum;

This is to authorise and require you to attach by seizure movable property belonging to the said (name) to the value of rupees which you may find within the district of , and, if the said sum be not paid within , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.

Dated, this

day of , 19

(Seal of the Court)

(Signature)

FORM No. 55

WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR

(See section 455)

To the Superintendent (or Keeper) of the Civil Jail at

WHEREAS (name, description and address) did, on the day of 19 , give security by bond in the sum of rupees for the good behaviour of (name, etc., of the principal) and proof of the breach

of the said bond Uas been given before me and duly recorded, whereby tii* said (name) has forfeited to Government the sum of rupees and whereas he has failed to pay the said sum or to show cause why the said bum should not be paid although duly called upon to do 30, and pay- ment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said {name) in the Civil Jail for the period of (term of imprisonment);

This is to authorise and require you, the Superintendent (or Keeper), to receive the said (na-ms) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of im- yrisonment), returning this warrant with an endorsement certifying the manner of its execution.

i!)ated, this

day of , 19

(Seal of the Court)

(Signature)

STATEMENT OF OBJECTS AND REASONS

The law relating to criminal procedure applicable to all criminal proceedings in India (except those in the States of Jammu & Kashmir and Nagaland and the Tribal Areas in Assam) is contained in the Code of Criminal Procedure, 1898. The Code has been amended from time to time by various Acts of the Central and State Legislatures. The more important of these were the amendments brought about by Central legis- lation in 1923 and 1955. The amendments of 1955 were extensive and were intended to simplify procedures and speed up trials as far as possible. In addition, local amendments were made by State Legislatures, of which the most important were those made to bring about separation of the Judiciary from the Executive. Apart from these amendments, the provisions of the Code of 1898 have remained practically unchanged through these decades and no attempt was made to have a comprehen- sive revision of this old Code till the Central Law Commission was set up In 1955.

2, The first Law Commission presented its Report (the Fourteenth Report) on the Reform of Judicial Administration, both civil and crimi- nal, in 1958; it was not concerned with detailed scrutiny of the provi- sions of the Code of Criminal Procedure, but it did make some recom- mendations in regard to the law of criminal procedure, some of which required amendments to the Code. A systematic examination of the Code was subsequently undertaken by the Law Commission not only for giving concrete form to the recommendations made in the Fourteenth Report but also with the object of attempting a general revision. The main task of the Commission was to suggest measures to remove ano- malies and ambiguities brought to light by conflicting decisions of the High Courts or otherwise, to consider local variations with a view to se- curing and maintaining uniformity, to consolidate laws wherever possible and to suggest improvements where necessary. Suggestions for improvements received from various sources were considered by the Commission. A comprehend ve report for the revision of the Code, namely, the Forty-first Report, was presented by the Law Commission in September, 1969. This report took into consideration the recom- mendations made in the earlier reports of the Commission dealing with specific matters, namely, the Fourteenth, Twenty-fifth, Thirty-second, Thirty-third, Thirty-sixth, Thirty-seventh and Fortieth Reports.

3. The recommendations of the Commission were examined carefully by the Government, keeping in view, among others, the following basic considerations:—

(i) an accused person should get a fair trial in accordance with the accepted principles of natural justice;

(ii) every effort should be made to avoid delay in investigation and trial which is harmful not only to the individuals involved but also to society; and

(111) the procedure should not be complicated and should, to the utmost extent possible, ensure fair deal to the poorer sections of the community.

The occasion has been availed of to consider and adopt where appro- priate suggestions received from other quarters, based on practical expe- rience of investigation and the working of criminal courts,

4. One of the main recommendations of the Commission is to provide for the separation of the Judiciary from the Executive on an all-India basis in order to achieve uniformity in this matter. To secure this, the Bill seeks to provide for a new set up of criminal courts. In addition to ensuring fair deal to the accused, separation as provided for in the Bill would ensure improvement in the quality and speed of disposal, as all Judicial Magistrates would be legally qualified and trained persons work- ing under close supervision of the High Court.

5. Some of the more important changes proposed to be made with a

view to speeding up the disposal of criminal cases are: —

(a) the preliminary inquiry which precedes the trial by a Court of Session, otherwise known as committal proceedings, is being abolished as it does not serve any useful purpose and has been the cause of considerable delay in the trial of offences;

(b) provision is being made to enable adoption of the summons procedure for the trial of offences punishable with imprisonment up to two years instead of up to one year as at present; this would en- able a larger number of cases being disposed of expeditiously;

(c) the scope of summary trials is being widened by including offences punishable with imprisonment up to one year instead of six months as at present; summons procedure will be adopted for all summary trials;

(d) the powers of revision against interlocutory orders are being taken away, as it has been found to be one of the main con- tributing factors in the delay of disposal of criminal cases;

(e) the provision for compulsory stoppage of proceedings by a subordinate court on the mere intimation from a party of his inten- tion to move a higher court for transfer of the case is being omit- ted and a further provision is being made to the effect that the court hearing the transfer application shall not stay proceedings unless it is necessary to do so in the interests of justice;

(f) when adjournments are granted at the instance of either party, the court is being empowered to order costs to be paid by the party obtaining the adjournment to the other party;

(g) provision is being made for the service of summons by re-

gistered post in certain cases;

(h) in petty cases, the accused is being enabled to plead guilty

by post and to remit the fine specified in the summons;

(i) if a court of appeal or revision discovers that any error, ommission or irregularity in respect of a charge has occasioned failure of justice, it need not necessarily order retrial;

(3) the facility of part-heard cases being continued by succes- sors in office now available in respect of courts of magistrates is being extended to Courts of Session.

In addition to the above specific measures, the Commission's recom- mendations which are intended to resolve conflicts of decisions on vari- ous matters or to remove ambiguities have been given effect to and these provisions may, by themselves, help in reducing the time taken In litigation.

6. Some of the more important changes intended to provide relief to the poorer sections of the community are:—

(a) provisions have been made for giving legal aid to an indi- gent accused in cases triable by a Court of Session; the State Gov- ernments may extend this facility to other categories of cases;

(b) the court has been empowered to order payment of compen- sation by the accused to the victims of crimes, to a larger extent than is now permissible under the Code;

(c) when a commission is issued for the examination of a wit- ness for the proscecution, the cost incurred by the defence including pleader's fees may be ordered to be paid by the prosecution;

(d) the accused will be given an opportunity to make represen- tation against the punishment before it Is imposed.

In addition to these specific provisions, the steps taken to reduce de- lays would themselves automatically benefit the poorer sections, as it is they who particularly suffer by the prolongation of criminal cases.

7. The Notes on clauses explain the more important provisions of the BUI.

Naw DELHI;

R. N. MIRDHA.

The 1th November, 1970.

Notes on clauses

Clause 1.—This clause provides for the short title, extent and com-

mencement.

Sub-clause (2) reflects the existing position. Sub-clause (3) takes note of the need to allow sufficient time to State Governments for making the necessary administrative arrangements, particularly for the purpose of bringing about separation of the Judiciary from the .Executive.

Clause 2.—This clause, corresponding to section 4, contains the

definitions.

The existing definition of "warrant-case¹¹ is being amended to secure that offences punishable with imprisonment for a term not exceeding two years could be tried by the summons-case procedure. In its Fourteenth .Report, the Law Commission recommended that for securing expeditious disposal of a larger number of cases, particularly those under special laws, summons-case procedure should be prescribed for offences punishable with imprisonment up to three years instead of one year as at present. Although in its Forty-first Report, the Commission has not recommended any change, it is considered necessary that the existing limit of one year should be raised to two years for securing greater expedition in the dis- posal of a larger number of cases. This is not likely to result in any hardship to the accused as summons procedure secures all the essentials of a fair trial although some formalities are dispensed with.

Clause 3.—This clause containing certain rules of construction is con-

sequential on the various changes proposed in the New Code.

Clauses 4 and 5.—These clauses correspond to sections 5 and 1 (2).

Clauses 6 to 24.—These clauses which correspond to sections 6 to 21

deal with the constitution of criminal courts and offices.

The revised set-up of criminal courts and the allocation of magisterial functions between these two categories of Magistrates provided for in the Bill are intended to bring about separation of the Judiciary from the Executive, as far as possible, on the pattern adopted in most of the States in which the reform has been implemented.

As a consequence cf the separation there will be two categories of Magistrates, namely, the Judicial Magistrates and the Executive Magist- rates, the former being under the control of the High Court and the latter under the control of the State Government. Broadly speaking, functions which are essentially judicial in nature will be the concern of the Judicial Magistrates while functions which arc "police" or administrative in nature will be the concern of the Executive Magistrates.

For performing magisterial functions allotted to the Executive, there will be, in each district, the District Magistrate, the Additional District

Magistrate (where necessary), the Sub-divisional Magistrates and the other subordinate Executive Magistrates. These last will not be classi- fied into First, Second and Third Class Magistrates; they will all be designated as Executive Magistrates.