The Second Schedule of the Indian Code of Criminal Procedure – 1973

Search this page

[search-in-place-form in_current_page=”1″]

The Second Schedule

The Code of Criminal Procedure 1973

(See Section 476)

FORM NO.1

SUMMONS TO AN ACCUSED PERSON

[See Section 61]

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 person (or by pleader, as the case may be) before the (Magistrate) of ________________, on the _________________ day of _____________Herein fail not.

Dated, this _________day of ____________, 20_______

(Seal of the Court)

(Signature)

FORM NO.2

WARRANT OF ARREST

[See Section 70]

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 ____________, 20_____________

(Seal of Court)

(Signature)

[See section 71]

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 _____________, 20_______

(Seal of Court)

(Signature)

FORM NO.3

BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT

[See Section 81]

I, __________ (name), of _______________, being brought before the District Magistrate of __________(or as the case may) 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 _________________, 20_________

(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 otherwise 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 _______________, 20______

(Signature)

FORM NO.4

PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED

[See Section 82]

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) of absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said ________ of ______________is required to appear at ________ (place) before this Court (or before me) to answer the said complaint on the ___________day of _____________, 20 ______

Dated, this _______day of _________, 20_______

(Seal of the Court)

(Signature)

FORM NO.5

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

[See Section 82, 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 witness) 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 ___________, 20____

(Seal of the Court)

(Signature)

FORM NO.6

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS

[See Section 83]

To the 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 satisfaction 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 ______________, 20______________

(Seal of the Court)

(Signature)

FORM NO.7

ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED

[See Section 83]

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 Proclamation has been or is being duly issued and published requiring the said _________to appear to answer the said charge within ______ days; and 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 thereof;

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both], of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this _________day of____________, 20____

(Seal of the Court)

(Signature)

FORM NO.8

ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR

[See Section 83]

To the District Magistrate/Collector 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 service of the said warrant) and thereupon a Proclamation 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, in the manner specified in clause (a), or clause (c), or both] of sub-section (4) of section 83, 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______________, 20__________

(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 before me that _________ (name and description of accused) of _____________ (address) has (or is suspected to have) committed the offence of (mention the offence concisely), and it appears likely that ___________ (name and description of witness) can give evidence concerning 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 witness), and on the _____________day of_____________to bring him before this Court, to be examined touching the offence complained of.

Dated of, this _____________day of _______________, 20_______

(Seal of the Court)

(Signature)

FORM NO.10

WARRANT TO SEARCH AFTER 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 forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this__________day of __________, 20__________

(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 property (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 part 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, 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 manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coins or counterfeit currency notes (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____________, 20_____

(Seal of the Court)

(Signature)

FORM NO.12

BOND TO KEEP THE PEACE

[See Sections 106 and 107]

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 ______________, 20_______

(Signature)

FORM NO.13

BOND FOR GOOD BEHAVIOUR

[See Sections 108, 109 and 110]

Whereas I, _________ (name), inhabitant in ________ (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 completion of the inquiry in the matter of ____________now pending in the Court of ___________, I hereby bind myself to 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 my making default therein, I hereby bind myself to forfeit to Government the sum of rupees _________.

Dated, this _____________day of ______________, 20________

(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 ______, 20__________

(Signature)

FORM NO.14

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE

[See Section 113]

To _____________________________of__________________________________

Whereas it has been made to appear to me by credible information that ____________ (state the substance of information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably 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 ______________ 20_____, 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 security 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______, 20______

(Seal of the Court)

(Signature)

FORM NO.15

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE

[See Section 122]

To the Officer in charge 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 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 __________, 20___________

(Seal of the Court)

(Signature)

FORM NO.16

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR

[See Section 122]

To the Officer in charge of the Jail at ___________________________

Whereas it has been made to appear to me that ______________ (name and description) has been concealing his presence within the district of _______________and that there is reason to believe that he is doing so with a view to committing a Cognisable offence;

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 requiring 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 to receive the said (name) into you custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained therein, 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 ________________, 20_______

(Seal of the Court)

(Signature)

FORM NO.17

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

[See Sections 122 and 123]

To the Officer in charge 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 _______ 20_______;

and has since duly given security under section _______________of the Code of Criminal Procedure, 1973;

Or

Whereas _________ (name and description of prisoner) was committed to your custody under warrant of the Court, dated the _________day of ________ 20_________; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community;

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 cause.

Dated, this _______day of _____________, 20______

(Seal of the Court)

(Signature)

FORM NO.18

WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE

[See Section 125]

To the Officer in charge of the Jail at ________________________________

Whereas _________ (name, description and address) had been proved before me to be possessed of sufficient means to maintain his wife __________ (name) [or his child __________ (name) or his father or mother _________ (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 or father or mother) 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 imprisonment in the said Jail for the period of _________;

This is to authorise and require you 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 ______________, 20________________

(Seal of the Court)

(Signature)

FORM NO.19

WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE

[See Section 125]

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 or father or mother) 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 endorsement certifying what you have done under it, immediately upon its execution.

Dated, this _________________day of _________________, 20_______

(Seal of the Court)

(Signature)

FORM NO.20

ORDER FOR THE REMOVAL OF NUISANCES

[See Section 133]

To _________ (name, description and address).

Whereas it has been made to appear to me that you have caused an 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;

or

Whereas it has been made to appear 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 what manner the injurious effects are caused), and should be suppressed or removed to a different place;

or

Whereas it has been made to appear to me that you are 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 fence (or insecurely fenced);

or

Whereas etc., etc., (as the case may be);

I do hereby direct and require you within ________ (state the time allowed) ___________ (state what is required to be done to abate the nuisance) or to appear at ___________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 fenced); or to appear, etc.;

or

I do hereby direct and require you, etc., etc., (as the case may be).

Dated, this____________________day of _____________, 20 _______

(Seal of the Court)

(Signature)

FORM NO.21

MAGISTRATES NOTICE AND PREEMPTORY ORDER

[See Section 141]

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 requisition in the order) is reasonable and proper. Such order has been made absolute, 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.

Dated, this _____________day of__________, 20____________

(Seal of the Court)

(Signature)

FORM NO.22

INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY

[See Section 142]

To _________ (name, description and address).

Whereas the inquiry into the conditional order issued by me on the _________day of _____________, 20_________, is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or inquiry, I do hereby, under the provisions of section 142 of the Code of Criminal Procedure, 1973, direct and enjoin you forthwith to __________ (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry.

Dated, this _____________day of _________________, 20_______

(Seal of the Court)

(Signature)

FORM NO.23

MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE

[See Section 143]

To _________ (name, description and address).

Whereas it has been made to appear to me that, etc. _________ (state the proper recital guided by Form No. 20 or Form No. 24, as the case may be);

I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance.

Dated, this _____________day of ___________, 20___________

(Seal of the Court)

(Signature)

FORM NO.24

MAGISTRATES’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.

[See Section 144]

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 portion 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 proceed in a 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 in such procession (or as the case recited may require).

Dated, this ________________day of ______________, 20________

(Seal of the Court)

(Signature)

FORM NO.25

MAGISTRATE’S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE

[See Section 145]

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between __________ (describe the parties 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 my local 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 ____________ (the subject of dispute) and entitled to retain such possession until ousted by due course of law and do strictly forbid any disturbance of his (or their) possession in the meantime.

Dated, this___________day of ________________, 20_____

(Seal of the Court)

(Signature)

FORM NO.26

WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AD TO THE POSSESSION OF LAND, ETC.

[See Section 146]

To the Officer in charge of the police station at ________________ (or, To the Collector of ______).

Whereas it has been made to appear to me that a dispute likely to induce a breach of the peace existed between __________ (describe the parties concerned 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 the said 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 the due inquiry into the said claims, I have decided that neither of the said 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 possession 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 determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this____________________day of________, 20______

(Seal of the Court)

(Signature)

FORM NO.27

MAGISTRATE’S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER

[See Section 147]

A dispute having arisen concerning the right of use of________ (state concisely the subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by _________ (describe the person or persons), and it appears 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, describe 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 competent Court adjudging him (or them) to be entitled to exclusive possession.

Dated, this ______________day of_________, 20__________ (Seal of the Court)

(Signature)

FORM NO.28

BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER

[See Section 169]

I, _________ (name), of ________________; being charged with the offence of ____________ and after inquiry required to appear before the Magistrate of _______ orand after inquiry called upon to enter into my own recognisance to appear 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 making default herein, I bind myself to forfeit to Government, the sum of rupees________ Dated, this______________day of ___________________, 20________

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said _________ (name) 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 ___________, 20___________

(Signature)

FORM NO.29

BOND TO PROSECUTE OR GIVE EVIDENCE

[See Section 170]

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_____________, 20___________

(Signature)

FORM NO.30

SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE

[See Section 206]

To _____________________ (Name of the accused) of ___________(address) Whereas your attendance is necessary to answer a charge of a petty offence _________ (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before ________(Magistrate) of ________on the ________day of _______________, 20_______, or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of ______________rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorise such pleader in writing to make such a plea of guilty on your behalf and to pay the fine through such pleader. Herein fail not. Dated, this_____________day of_________________, 20_____________ (Seal of the Court)

(Signature)

(Note :- The amount of fine specified in this summons shall not exceed one hundred rupees.)

FORM NO.31

NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR

[See Section 209]

The Magistrate of ________________hereby gives notice that he has committed one __________for trial at the next Sessions; and the Magistrate hereby instructs 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_____________, 20______ (Seal of the Court)

(Signature)

FORM NO.32

CHARGES

[See Sections 211, 212 and 213]

I. Charges with one head

(1)(a) I, ________ (name and office of Magistrate, etc.)_______ hereby charge you _________ (name of accused person) as follows :- (b) On section 121. – 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) On section 124. – That you, on or about the ________day of________, at __________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, as the case may be, the Governor), assaulted President (or as the case may be, the Governor) and thereby committed an offence punishable under section 124 of the Indian Penal Code, and within the cognizance of this Court. (3) On section 161. – That you, being a public servant in the _______Department, directly accepted from __________ (state the name) for another party __________ (state the name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punishable under section 161 of the Indian Penal Code, and within the cognizance of this Court. (4) On section 166. – That you, on or about the __________day of ________, at _________, did (or omitted to do, as the case may be) ________, such conduct being contrary 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 India Penal Code, and within the cognizance of this court. (5) On section 193. – 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) On section 304. – That you, on or about the __________day of________, at_______committed culpable homicide not amounting to murder, causing the death of ___________, and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of this Court. (7) On section 306. – 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. (8) On section 325. – That you, on or about the ______day of______, at ______, voluntarily caused grievous hurt to ____________, and thereby committed an offence punishable under section 325 of the Indian Penal Code, and within the cognizance of this Court. (9) On section 392. – That you, on or about the _______day of _____, at________, robbed ________ (state the name), and thereby committed an offence punishable under section 392 of the Indian Penal Code, and within the cognizance of this Court. (10) On section 395 – That you, on or about the __________day of _______, at ___________committed dacoity, an offence punishable under section 395 of the Indian Penal Code, and within the cognizance of this court.

II. Charges with two or more heads

(1)(a) I, __________ (name, and office of Magistrate, etc.) hereby charge you _________ (name of accused person) as follows :-