Supreme Court Digest of Criminal Procedure Code

Law Library
SC INDEx
1 – Short title, extent and commencement
2 – Definitions
3 – Construction of references
4 – Trial of offences under the Indian Penal Code and other laws
5 – Saving
6 – Classes of Criminal Courts
7 – Territorial divisions
8 – Metropolitan areas
9 – Court of Session
10 – Subordination of Assistant Sessions Judges
11 – Courts of Judicial MAGISTRATEs
12 – Chief Judicial MAGISTRATE and Additional Chief Judicial MAGISTRATE, etc.
13 – Special Judicial MAGISTRATEs
14 – Local Jurisdiction of Judicial MAGISTRATEs
15 – Subordination of Judicial MAGISTRATEs
16 – Courts of Metropolitan MAGISTRATEs
17 – Chief Metropolitan MAGISTRATE and Additional Chief Metropolitan MAGISTRATE
18 – Special Metropolitan MAGISTRATEs
19 – Subordination of Metropolitan MAGISTRATEs
20 – Executive MAGISTRATEs
21 – Special Executive MAGISTRATEs
22 – Local Jurisdiction of Executive MAGISTRATEs
23 – Subordination of Executive MAGISTRATEs
24 – Public Prosecutors
25 – Assistant Public Prosecutors
25A – Directorate of Prosecution
26 – Courts by which offences are triable
27 – Jurisdiction in the case of juveniles
28 – Sentences which High Courts and Sessions Judges may pass
29 – Sentences which MAGISTRATEs may pass
30 – Sentence of imprisonment in default of fine
31 – Sentence in cases of conviction of several offences at one trial
32 – Mode of conferring powers
33 – Powers of officers appointed
34 – Withdrawal of powers
35 – Powers of Judges and MAGISTRATEs exercisable by their successors-in-office
36 – Powers of superior officers of police
37 – Public when to assist MAGISTRATEs and police
38 – Aid to person other than police officer, executing warrant
39 – Public to give information of certain offences
40 – Duty of officers employed in connection with the affairs of a village to make certain report
41 – When police may arrest without warrant
42 – Arrest on refusal to give name and residence
43 – Arrest by private person and procedure on such arrest
44 – Arrest by MAGISTRATE
45 – Protection of members of the Armed Forces from arrest
46 – Arrest how made
47 – Search of place entered by person sought to be arrested
48 – Pursuit of offenders into other jurisdictions
49 – No unnecessary restraint
50 – Person arrested to be informed of grounds of arrest and of right to BAIL
50A – Obligation of person making arrest to inform about the arrest etc., to a nominated person
51 – Search of arrested persons
52 – Power to seize offensive weapons
53 – Examination of accused by medical practitioner at the request of police officer
53A – Examination of person accused of rape by medical practitioner
54 – Examination of arrested person by medical practitioner at the request of the arrested person
54A – Identification of person arrested
55 – Procedure when police officer deputes subordinate to arrest without warrant
56 – Person arrested to be taken before MAGISTRATE or officer in charge of police station
57 – Person arrested not to be detained more than twenty-four hours
58 – Police to report apprehensions
59 – Discharge of person apprehended
60 – Powers, on escape, to pursue and re-take
61 – Form of summons
62 – Summons how served
63 – Service of summons on corporate bodies and societies
64 – Service when persons summoned cannot be found
65 – Procedure when service cannot be effected as before provided
66 – Service on Government servant
67 – Service of summons outside local limits
68 – Proof of service in such cases and when serving officer not present
69 – Service of summons on witness by post
70 – Form of warrant of arrest and duration
71 – Power to direct security to be taken
72 – Warrants to whom directed
73 – Warrant may be directed to any person
74 – Warrant directed to police officer
75 – Notification of substance of warrant
76 – Person arrested to be brought before Court without delay
77 – Where warrant may be executed
78 – Warrant forwarded for execution outside jurisdiction
79 – Warrant directed to police officer for execution outside jurisdiction
80 – Procedure of arrest of person against whom warrant issued
81 – Procedure by MAGISTRATE before whom such person arrested is brought
82 – Proclamation for person absconding
83 – Attachment of property of person absconding
84 – Claims and objections to attachment
85 – Release, sale and restoration of attached property
86 – Appeal from order rejecting application for restoration of attached property
87 – Issue of warrant in lieu of, or in addition to, summons
88 – Power to take bond for appearance
89 – Arrest on breach of bond for appearance
90 – Provisions of this Chapter generally applicable to summons and warrants of arrest
91 – Summons to produce document or other thing
92 – Procedure as to letters and telegrams
93 – When search-warrant may be issued
94 – Search of place suspected to contain stolen property, forged documents, etc.
95 – Power to declare certain publications forfeited and to issue search-warrants for the same
96 – Application to High Court to set aside declaration of forfeiture
97 – Search for persons wrongfully confined
98 – Power to compel restoration of abducted females
99 – Direction, etc., of search-warrants
100 – Persons in charge of closed place to allow search
101 – Disposal of things found in search beyond jurisdiction
102 – Power of police officer to seize certain property
103 – MAGISTRATE may direct search in his presence
104 – Power to impound document, etc., produced
105 – Reciprocal arrangements regarding processes
105A – Definitions
105B – Assistance in securing transfer of persons
105C – Assistance in relation to orders of attachment or forfeiture of property
105D – Identifying unlawfully acquired property
105E – Seizure or attachment of property
105F – Management of properties seized or forfeited under this Chapter
105G – Notice of forfeiture of property
105H – Forfeiture of property in certain cases
105I – Fine in lieu of forfeiture
105J – Certain transfers to be null and void
105K – Procedure in respect of letter of request
105L – Application of this Chapter
106 – Security for keeping the peace on conviction
107 – Security for keeping the peace in other cases
108 – Security for good behaviour from persons disseminating seditious matters
109 – Security for good behaviour from suspected persons
110 – Security for good behaviour from habitual offenders
111 – Order to be made
112 – Procedure in respect of person present in Court
113 – Summons or warrant in case of person not so present
114 – Copy of order to accompany summons or warrant
115 – Power to dispense with personal attendance
116 – Inquiry as to truth of information
117 – Order to give security
118 – Discharge of person informed against
119 – Commencement of period for which security is required
120 – Contents of bond
121 – Power to reject sureties
122 – Imprisonment in default of security
123 – Power to release persons imprisoned for failing to give security
124 – Security for unexpired period of bond
125 – Order for maintenance of wives, children and parents
126 – Procedure
127 – Alteration in allowance
128 – Enforcement of order of maintenance
129 – Dispersal of assembly by use of civil force
130 – Use of armed forces to disperse assembly
131 – Power of certain armed force officers to disperse assembly
132 – Protection against prosecution for acts done under preceding sections
133 – Conditional order for removal of nuisance
134 – Service or notification of order
135 – Person to whom order is addressed to obey or show cause
136 – Consequences of his failing to do so
137 – Procedure where existence of public right is denied
138 – Procedure where he appears to show cause
139 – Power of MAGISTRATE to direct local investigation and examination of an expert
140 – Power of MAGISTRATE to furnish written instructions, etc.
141 – Procedure on order being made absolute and consequences of disobedience
142 – Injunction pending inquiry
143 – MAGISTRATE may prohibit repetition or continuance of public nuisance
144 – Power to issue order in urgent cases of nuisance or apprehended danger
144A – Power to prohibit carrying arms in procession or mass drill or mass training with arms
145 – Procedure where dispute concerning land or water is likely to cause breach of peace
146 – Power to attach subject of dispute and to appoint receiver
147 – Dispute concerning right of use of land or water
148 – Local inquiry
149 – Police to prevent cognizable offences
150 – Information of design to commit cognizable offences
151 – Arrest to prevent the commission of cognizable offences
152 – Prevention of injury to public property
153 – Inspection of weights and measures
154 – Information in cognizable cases
155 – Information as to non-cognizable cases and investigation of such cases
156 – Police officer’s power to investigate cognizable cases
157 – Procedure for investigation
158 – Report how submitted
159 – Power to hold investigation or preliminary inquiry
160 – Police Officer’s power to require attendance of witnesses
161 – Examination of witnesses by police
162 – Statements to police not to be signed; Use of statements in EVIDENCE
163 – No inducement to be offered
164 – Recording of confessions and statements
164A – Medical examination of the victim of rape
165 – Search by police officer
166 – When officer in charge of police station may require another to issue search-warrant
166A – Letter of request to competent authority for investigation in a country or place outside India
166B – Letter of request from a country or place outside India to a Court or an authority for investigation in India
167 – Procedure when investigation cannot be completed in twenty-four hours
168 – Report of investigation by subordinate police officer
169 – Release of accused when EVIDENCE deficient
170 – Cases to be sent to MAGISTRATE when EVIDENCE is sufficient
171 – Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
172 – Diary of proceeding in investigation
173 – Report of police officer on completion of investigation
174 – Police to inquire and report on suicide, etc.
175 – Power to summon persons
176 – Inquiry by MAGISTRATE into cause of death
177 – Ordinary place of inquiry and trial
178 – Place of inquiry or trial
179 – Offence triable where act is done or consequence ensues
180 – Place of trial where act is offence by reason of relation to other offence
181 – Place of trial in case of certain offences
182 – Offences committed by letters, etc
183 – Offence committed on journey or voyage
184 – Place of trial for offences triable together
185 – Power to order cases to be tried in different sessions divisions
186 – High Court to decide, in case of doubt, district where inquiry or trial shall take place
187 – Power to issue summons or warrant for offence committed beyond local jurisdiction
188 – Offence committed outside India
189 – Receipt of EVIDENCE relating to offences committed outside India
190 – Cognizance of offences by MAGISTRATEs
191 – Transfer on application of the accused
192 – Making over of cases to MAGISTRATEs
193 – Cognizance of offences by Courts of Session
194 – Additional and Assistant Sessions Judges to try cases made over to them
195 – Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in EVIDENCE
196 – Prosecution for offences against the State and for criminal conspiracy to commit such offence
197 – Prosecution of Judges and public servants
198 – Prosecution for offences against marriage
198A – Prosecution of offences under section 498A of the Indian Penal Code
199 – Prosecution for defamation
200 – Examination of complainant
201 – Procedure by MAGISTRATE not competent to take cognizance of the case
202 – Postponement of issue of process
203 – Dismissal of complaint
204 – Issue of process
205 – MAGISTRATE may dispense with personal attendance of accused
206 – Special summons in cases of petty offence
207 – Supply to the accused of copy of police report and other documents
208 – Supply of copies of statements and documents to accused in other cases triable by Court of Session
209 – Commitment of case to Court of Session when offence is triable exclusively by it
210 – Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
211 – Contents of charge
212 – Particulars as to time, place and person
213 – When manner of committing offence must be stated
214 – Words in charge taken in sense of law under which offence is punishable
215 – Effect of errors
216 – Court may alter charge
217 – Recall of witnesses when charge altered
218 – Separate charges for distinct offences
219 – Three offences of same kind within year may be charged together
220 – Trial for more than one offence
221 – Where it is doubtful what offence has been committed
222 – When offence proved included in offence charged
223 – What persons may be charged jointly
224 – Withdrawal of remaining charges on conviction on one of several charges
225 – Trial to be conducted by Public Prosecutor
226 – Opening case for prosecution
227 – Discharge
228 – Framing of charge
229 – Conviction on plea of guilty
230 – Date for prosecution EVIDENCE
231 – EVIDENCE for prosecution
232 – Acquittal
233 – Entering upon defence
234 – Arguments
235 – Judgment of acquittal or conviction
236 – Previous conviction
237 – Procedure in cases instituted under section 199(2)
238 – Compliance with section 207
239 – When accused shall be discharged
240 – Framing of charge
241 – Conviction on plea of guilty
242 – EVIDENCE for prosecution
243 – EVIDENCE for defence
244 – EVIDENCE for prosecution
245 – When accused shall be discharged
246 – Procedure where accused is not discharged
247 – EVIDENCE for defence
248 – Acquittal or conviction
249 – Absence of complainant
250 – Compensation for accusation without reasonable cause
251 – Substance of accusation to be stated
252 – Conviction on plea of guilty
253 – Conviction on plea of guilty in absence of accused in petty cases
254 – Procedure when not convicted
255 – Acquittal or conviction
256 – Non-appearance or death of complainant
257 – Withdrawal of complaint
258 – Power to stop proceedings in certain cases
259 – Power of Court to convert summons-cases into warrant cases
260 – Power to try summarily
261 – Summary trial by MAGISTRATE of the second class
262 – Procedure for summary trials
263 – Record in summary trials
264 – Judgment in cases tried summarily
265 – Language of record and judgment
265A – Application of the Chapter
265B – Application for plea bargaining
265C – Guidelines for mutually satisfactory disposition
265D – Report of the mutually satisfactory disposition to be submitted before the Court
265E – Disposal of the case
265F – Judgment of the Court
265G – Finality of the judgment
265H – Power of the Court in plea bargaining
265I – Period of detention undergone by the accused to be set off against the sentence of imprisonment
265J – Savings
265K – Statements of accused not to be used
265L – Non-application of the Chapter
266 – Definitions
267 – Power to require attendance of prisoners
268 – Power of State Government to exclude certain persons from operation of section 267
269 – Officer in charge of prison to abstain from carrying out order in certain contingencies
270 – Prisoner to be brought to Court in custody
271 – Power to issue commission for examination of witness in prison
272 – Language of Courts
273 – EVIDENCE to be taken in presence of accused
274 – Record in summons-cases and inquiries
275 – Record in warrant-cases
276 – Record in trial before Court of Session
277 – Language of record of EVIDENCE
278 – Procedure in regard to such EVIDENCE when completed
279 – Interpretation of EVIDENCE to accused or his pleader
280 – Remarks respecting demeanour of witness
281 – Record of examination of accused
282 – Interpreter to be bound to interpret truthfully
283 – Record in High Court
284 – When attendance of witness may be dispensed with and commission issued
285 – Commission to whom to be issued
286 – Execution of commissions
287 – Parties may examine witnesses
288 – Return of commission
289 – Adjournment of proceeding
290 – Execution of foreign commissions
291 – Deposition of medical witness
291A – Identification report of MAGISTRATE
292 – EVIDENCE of officers of the Mint
293 – Reports of certain Government scientific experts
294 – No formal proof of certain documents
295 – Affidavit in proof of conduct of public servants
296 – EVIDENCE of formal character on affidavit
297 – Authorities before whom affidavits may be sworn
298 – Previous conviction of acquittal how proved
299 – Record of EVIDENCE in absence of accused
300 – Person once convicted or acquitted not to be tried for same offence
301 – Appearance by public prosecutors
302 – Permission to conduct prosecution
303 – Right of person against whom proceedings are instituted to be defended
304 – Legal aid to accused at State expense in certain cases
305 – Procedure when corporation or registered society is an accused
306 – Tender of pardon to accomplice
307 – Power to direct tender of pardon
308 – Trial of person not complying with conditions of pardon
309 – Power to postpone or adjourn proceedings
310 – Local inspection
311 – Power to summon material witness, or examine person present
311A – Power of MAGISTRATE to order person to give specimen signature or handwriting
312 – Expenses of Complaints and Witnesses
313 – Power to examine the accused
314 – Oral arguments and memorandum of arguments
315 – Accused person to be competent witness
316 – No influence to be used to induce disclosure
317 – Provision for inquiries and trial being held in the absence of accused in certain cases
318 – Procedure where accused does not understand proceedings
319 – Power to proceed against other persons appearing to be guilty of offence
320 – Compounding of offences
321 – Withdrawal from prosecution
322 – Procedure in cases which MAGISTRATE cannot dispose of
323 – Procedure when, after commencement of inquiry or trial, MAGISTRATE finds case should be committed
324 – Trial of persons previously convicted of offences against coinage, stamp law or property
325 – Procedure when MAGISTRATE can not pass sentence sufficiently severe
326 – Conviction or commitment on EVIDENCE partly recorded by one MAGISTRATE and partly by another
327 – Court to be open
328 – Procedure in case of accused being lunatic
329 – Procedure in case of person of unsound mind tried before Court
330 – Release of lunatic pending investigation or trial
331 – Resumption of inquiry or trial
332 – Procedure on accused appearing before MAGISTRATE or Court
333 – When accused appears to have been of sound mind
334 – Judgment of acquittal on ground of unsoundness of mind
335 – Person acquitted on such ground to be detained in safe custody
336 – Power of State Government to empower officer in charge to discharge
337 – Procedure where lunatic prisoner is reported capable of making his defence
338 – Procedure where lunatic detained is declared fit to be released
339 – Delivery of lunatic to care of relative or friend
340 – Procedure in cases mentioned in section 195
341 – Appeal
342 – Power to order Court
343 – Procedure of MAGISTRATE taking cognizance
344 – Summary procedure for trial for giving false EVIDENCE
345 – Procedure in certain cases of contempt
346 – Procedure where Court considers that case should not be dealt with under section 345
347 – When Registrar or Sub-Registrar to be deemed a Civil Court
348 – Discharge of offender on submission of apology
349 – Imprisonment or committal of person refusing to answer or produce document
350 – Summary procedure for punishment for non-attendance by a witness in obedience to summons
351 – Appeals from convictions under sections 344, 345, 349 and 350
352 – Certain Judges and MAGISTRATEs not to try certain offences when committed before themselves
353 – Judgment
354 – Language and contents of judgment
355 – Metropolitan MAGISTRATE’s Judgment
356 – Order for notifying address of previously convicted offender
357 – Order to pay compensation
358 – Compensation to persons groundlessly arrested
359 – Order to pay costs in non-cognizable cases
360 – Order to release on probation of good conduct or after admonition
361 – Special reasons to be recorded in certain cases
362 – Court not to alter judgment
363 – Copy of judgment to be given to the accused and other persons
364 – Judgment when to be translated
365 – Court of Session to send copy of finding and sentence to District MAGISTRATE
366 – Sentence of death to be submitted by Court of Session for confirmation
367 – Power to direct further inquiry to be made or additional EVIDENCE to be taken
368 – Power of High Court to confirm sentence or annul conviction
369 – Confirmation or new sentence to be signed by two Judges
370 – Procedure in case of difference of opinion
371 – Procedure in cases submitted to High Court for confirmation
372 – No appeal to lie unless otherwise provided
373 – Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
374 – Appeals from convictions
375 – No appeal in certain cases when accused pleads guilty
376 – No appeal in petty cases
377 – Appeal by the State Government against sentence
378 – Appeal in case of acquittal
379 – Appeal against conviction by High Court in certain cases
380 – Special right of appeal in certain cases
381 – Appeal to Court of Session how heard
382 – Petition of appeal
383 – Procedure when appellant in jail
384 – Summary dismissal of appeal
385 – Procedure for hearing appeals not dismissed summarily
386 – Powers of the Appellate Court
387 – Judgments of subordinate Appellate Court
388 – Order of High Court on appeal to be certified to lower Court
389 – Suspension of sentence pending the appeal; release of appellant on BAIL
390 – Arrest of accused in appeal from acquittal
391 – Appellate Court may take further EVIDENCE or direct it to be taken
392 – Procedure where Judges of Court of appeal are equally divided
393 – Finality of judgments and orders on appeal
394 – Abatement of appeals
395 – Reference to High Court
396 – Disposal of case according to decision of High Court
397 – Calling for records to exercise powers of revision
398 – Power to order inquiry
399 – Sessions Judge’s powers of revision
400 – Power of Additional Sessions Judge
401 – High Court’s powers of revision
402 – Power of High Court to withdraw or transfer revision cases
403 – Option of Court to hear parties
404 – Statement by Metropolitan MAGISTRATE of grounds of his decision to be considered by High Court
405 – High Court’s order to be certified to lower Court
406 – Power of Supreme Court to transfer cases and appeals
407 – Power of High Court to transfer cases and appeals
408 – Power of Sessions Judge to transfer cases and appeals
409 – Withdrawal of cases and appeals by Sessions Judges
410 – Withdrawal of cases by Judicial MAGISTRATEs
411 – Making over or withdrawal of cases by Executive MAGISTRATEs
412 – Reasons to be recorded
413 – Execution of order passed under section 368
414 – Execution of sentence of death passed by High Court
415 – Postponement of execution of sentence of death in case of appeal to Supreme Court
416 – Postponement of capital sentence on pregnant woman
417 – Power to appoint place of imprisonment
418 – Execution of sentence of imprisonment
419 – Direction of warrant for execution
420 – Warrant with whom to be lodged
421 – Warrant for levy of fine
422 – Effect of such warrant
423 – Warrant for levy of fine issued by a Court in any territory to which this Code does not extend
424 – Suspension of execution of sentence of imprisonment
425 – Who may issue warrant
426 – Sentence on escaped convict when to take effect
427 – Sentence on offender already sentenced for another offence
428 – Period of detention undergone by the accused to be set off against the sentence of imprisonment
429 – Saving
430 – Return of warrant on execution of sentence
431 – Money ordered to be paid recoverable as a fine
432 – Power to suspend or remit sentences
433 – Power to commute sentence
433A – Restriction on powers of remission or commutation in certain cases
434 – Concurrent power of Central Government in case of death sentences
435 – State Government to act after consultation with Central Government in certain cases
436 – In what cases BAIL to be taken
436A – Maximum period for which an under trial prisoner can be detained
437 – When BAIL may be taken in case of non-BAILable offence
438 – Direction for grant of BAIL to person apprehending arrest
439 – Special powers of High Court or Court of Session regarding BAIL
440 – Amount of bond and reduction thereof
441 – Bond of accused and sureties
441A – Declaration by sureties
442 – Discharge from custody
443 – Power to order sufficient BAIL when that first taken is insufficient
444 – Discharge of sureties
445 – Deposit instead of recognizance
446 – Procedure when bond has been forfeited
446A – Cancellation of bond and BAIL bond
447 – Procedure in case of insolvency or death of surety or when a bond is forfeited
448 – Bond required from minor
449 – Appeal from orders under section 446
450 – Power to direct levy of amount due on certain recognizances
451 – Order for custody and disposal of property pending trial in certain cases
452 – Order for disposal of property at conclusion of trial
453 – Payment to innocent purchaser of money found on accused
454 – Appeal against orders under section 452 or section 453
455 – Destruction of libellous and other matter
456 – Power to restore possession of immovable property
457 – Procedure by police upon seizure of property
458 – Procedure when no claimant appears within six months
459 – Power to sell perishable property
460 – Irregularities which do not vitiate proceedings
461 – Irregularities which vitiate proceedings
462 – Proceedings in wrong place
463 – Non-compliance with provisions of section 164 or section 281
464 – Effect of omission to frame, or absence of, or error in, charge
465 – Finding or sentence when reversible by reason of error, omission or irregularity
466 – Defect or error not to make attachment unlawful
467 – Definitions
468 – Bar to taking cognizance after lapse of the period of limitation
469 – Commencement of the period of limitation
470 – Exclusion of time in certain cases
471 – Exclusion of date on which Court is closed
Section 472 – Continuing offence
Section 473 – Extension of period of limitation in certain cases
Section 474 – Trials before High Court
Section 475 – Delivery to commanding officers of persons liable to be tried by Court-martial
Section 476 – Forms
Section 477 – Power of High Court to make rules
Section 478 – Power to alter functions allocated to Executive MAGISTRATEs in certain cases
Section 479 – Cases in which Judge or MAGISTRATE is personally interested
Section 480 – Practising pleader not to sit as MAGISTRATE in certain Courts
Section 481 – Public servant concerned in sale not to purchase or bid for property
Section 482 – Saving of inherent power of High Court
Section 483 – Duty of High Court to exercise continuous superintendence over Courts of Judicial MAGISTRATEs
Section 484 – Repeal and savings
Devider
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