Short title, extent and commencement
(1) This Act may be called the Code of Criminal Procedure, 1973.(2) It extends to the whole of India except the State of Jammu and Kashmir: that the provisio...
In this Code, unless the context otherwise requires, -(a)"bailable offence" means an offence which is shown as bailable in the First Schedule, or which is ma...
Construction of references
(1) In this Code, -(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires, -(i)in relatio...
Trial of offences under the Indian Penal Code and other laws
(1) All offences under the Indian Penal Code(45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions her...
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...
|Chapter II||Constitution Of Criminal Courts And Offices|
Classes of Criminal Courts
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 Cou...
(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 d...
(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 c...
Court of Session
(1)The State Government shall establish a Court of Session for every sessions division.(2) Every Court of Session shall be presided over by a Judge, to be app...
Subordination of Assistant Sessions Judges
(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction.(2) The Sessions Judge may, from time t...
Courts of Judicial Magistrates
(1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second...
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc
(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 Magistr...
Special Judicial Magistrates
(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government,...
Local jurisdiction of Judicial Magistrates
(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 Mag...
Subordination of Judicial Magistrates
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of ...
Courts of Metropolitan Magistrates
(1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after...
Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates
(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolita...
Special Metropolitan Magistrates
(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government,...
Subordination of Metropolitan Magistrates
(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropol...
(1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall...
Special Executive Magistrates
The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates for particular areas...
Local jurisdiction of Executive Magistrates
(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 Exe...
Subordination of Executive Magistrates
(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate...
(1)For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor for conduc...
Assistant Public Prosecutors
(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.(2...
|Chapter III||Power Of Courts|
Courts by which offences are triable
Subject to the other provisions of this Code.-(a) any offence under the Indian Penal Code(45 of 1860) may be tried by –(i) the High Court, or(ii) the Court of ...
Jurisdiction in the case of juveniles
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 und...
Sentences which High Courts and Sessions Judges may pass
(1) A High Court may pass any sentence authorized by law.(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorized by law; but any s...
Sentences which Magistrates may pass
(1) The Court of a Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death or of imprisonment for life or of imprisonmen...
Sentence of imprisonment in default of fine
(1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorized by law: that the term-(a) is not in excess of...
Sentence in cases of conviction of several offences at one trial
(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,(45 of 1...
Mode of conferring powers
(1) In conferring powers under this Code, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in ...
Powers of officers appointed
Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this...
Withdrawal of powers
(1) 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 on any person or by any...
Powers of Judges and Magistrates exercisable by their successors-in-office
(1) Subject to the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.(2)...
|Chapter IV||Powers Of Superior Officers Of Police|
Powers of superior officers of police
Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appoin...
Public when to assist Magistrates and police
Every person is bound to assist a Magistrate or police officer reasonably demanding his aid-(a) in the taking or preventing the escape of any other person wh...
Aid to person, other than police officer, executing warrant
When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warra...
Public to give information of certain offences
(1) Every person, aware of the commission of , or of the intention of any other person to commit, any offence punishable under any of the following sections ...
Duty of officers employed in connection with the affairs of a village to make certain report
(1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magi...
|Chapter V||Arrest Of Persons|
When police may arrest without warrant
(1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-(a) who has been concerned in any cognizable offence, o...
Arrest on refusal to give name and residence
(1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand of s...
Arrest by Private person and procedure on such arrest
(1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed off...
Arrest by Magistrate
(1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or ord...
Protection of members of the Armed Forces from arrest
(1) Notwithstanding anything contained in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done ...
Arrest how made
(1) 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 ther...
Search of place entered by person sought to be arrested
(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 ha...
Pursuit of offenders into other jurisdictions
A police officer may, for the purpose of arresting without warrant any person whom he is authorized to arrest, pursue such person into any place in India....
No unnecessary restraint
The Person arrested shall not be subjected to more restraint than is necessary to prevent his escape....
Person arrested to be informed of grounds of arrest and of right to bail
(1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he...
Search of arrested person
(1) Whenever a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for th...
Power to seize offensive weapons
The officer or other person making any arrest under this Code may take from the person arrested any offensive weapons which he has about his person, and shall...
Examination of accused by medical practitioner at the request of police officer
(1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there ar...
Examination of arrested person by medical practitioner at the request of the arrested person
When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the perio...
Procedure when police officer deputes subordinate to arrest without warrant
(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...
Person arrested to be taken before Magistrate or officer in charge of police station
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 th...
Person arrested not to be detained more than twenty-four hours
No police officer shall detail in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, a...
Police to report apprehensions
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 perso...
Discharge of person apprehended
No person who has been arrested by a police officer shall be discharged except on his own bond, or on bail, or under the special order of a Magistrate....
Power, on escape, to pursue and retake
(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...
|Chapter VI||Processes To Compel Appearance|
Form of summons
Every summons issued by a Court under this Code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as ...
Summons how served
(1) Every summons shall be served by a police officer, or subject to such rules as the State Government may make in this behalf, by an officer of the Court i...
Service of summons on corporate bodies and societies
Service of a summons on a corporation may be effected by serving it on the secretary, local manager or other principle officer of the corporation, or by lett...
Service when persons summoned cannot be found
Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some ad...
Procedure when service cannot be effected as before provided
If service cannot by the exercise of due diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of th...
Service on Government
(1) Where the person summoned is in the active service of the Government, the Court issuing the summons shall ordinarily sent it in duplicate to the head of ...
Service of summons outside local limits
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 duplic...
Proof of service in such cases and when serving officer not present
(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 t...
Service of summons on witness by post
(1) Notwithstanding anything contained in the preceding sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneous...
Form of warrant of arrest and duration
(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of t...
Power to direct security to be taken
(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 person executes a bond ...
Warrants to whom directed
(1) A warrant of arrest shall ordinarily be directed to one or more police officers; but the Court issuing such a warrant may, if its immediate execution is ...
Warrant may be directed to any person
(1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a warrant to any person within his local jurisdiction for the arrest of any e...
Warrant directed to police officer
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 i...
Notification of substance of warrant
The police officer or other person executing a warrant of arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall ...
Person arrested to be brought before Court without delay
The police officer or other person executing a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bri...
Where warrant may be executed
A warrant of arrest may be executed at any place in India....
Warrant forwarded for execution outside jurisdiction
(1) When a warrant is to be executed outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police off...
Warrant directed to police officer for execution outside jurisdiction
(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 fo...
Procedure on arrest of person against whom warrant issued
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 wit...
Procedure by Magistrate before whom such person arrested is brought
(1) The Executive Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person intended b...
Proclamation for person absconding
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or i...
Attachment of property of person absconding
(1) The Court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the ...
Claims and objections to attachment
(1) If any claim is preferred to, or objection made to the attachment of, any property attached under section 83, within six months from the date of such att...
Release, sale and restoration of attached property
(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment....
Appeal from order rejecting application for restoration of attached property
Any person referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the proceeds of the sale thereof may appeal t...
Issue of warrant in lieu of, or in addition to, summons
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 recording its reasons in wri...
Power to take bond for appearance
When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such ...
Arrest on breach of bond for appearance
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 war...
Provisions of this Chapter generally applicable to summonses and warrants of arrest
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 s...
|Chapter XIII||Jurisdiction Of The Criminal Courts In Inquiries And Trials|
Ordinary place of inquiry and trial
Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed....
Place of inquiry or trial
(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...
Offence triable where act is done or consequence ensues
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 Cou...
Place of trial where act is an offence by reason of relation to other offence
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 commit...
Place of trial in case of certain offences
(1) 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 c...
Offences committed by letters, etc
(1) Any offence which includes cheating may, if the deception is practiced by means of letters or telecommunication messages, be inquired into or tried by an...
Offence committed on journey or voyage
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 ...
Place of trial for offences triable together.- Where
(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 ...
Power to order cases to be tried in different sessions divisions
Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed fo...
High Court to decide, in case of doubt, district where inquiry or trial shall take place
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 q...
Power to issue summons or warrant for offence committed beyond local jurisdiction
(1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whethe...
Offence committed outside India
When an offence is committed outside India –(a) by a citizen of India, whether on the high seas or elsewhere; or(b) by a person, not being such citizen, on an...
Receipt of evidence relating to offences committed outside India
When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Centra...
|Chapter XIV||Conditions Requisite For Initiation Of Proceeding|
Cognizance of offences by Magistrates
(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 u...
Transfer on application of the accused
When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be info...
Making over of cases to Magistrates
(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate...
Cognizance of offences by Courts of Session
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...
Additional and Assistant Sessions Judges to try cases made over to them
As Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make ov...
Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
(1) No Court shall take cognizance-(a) (I) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code,(45 of 1860) or(ii) ...
Prosecution for offences against the State and for criminal conspiracy to commit such offence
(1) No Court shall take cognizance of -(a) any offence punishable under Chapter VI or under section 153A, section 153B, section 295A or section 505 of the In...
Prosecution of Judges and public servants
(1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is a...
Prosecution for offences against marriage
(1) No Court shall take cognizance of an offence punishable under Chapter XX of the Indian Penal Code(45 of 1860) except upon a complaint made by some person...
Prosecution for defamation
(1) No Court shall take cognizance of an offence punishable under Chapter XXI of the Indian Penal Code(45 of 1860) except upon a complaint made by some perso...
|Chapter XV||Complaints To Magistrates|
Examination of complainant
A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such...
Procedure by Magistrate not competent to take cognizance of the case
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 ...
Postponement of issue of process
(1) Any Magistrate , on receipt of a complaint of an offence of which he is authorized to take cognizance or which has been made over to him under section 19...
Dismissal of complaint
If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under s...
|Chapter XVI||Commencement Of Proceedings Before Magistrates|
Issue of process
(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-ca...
Magistrate may dispense with personal attendance of accused
(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...
Special summons in cases of petty offence
(1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 260, the Magistrate shall, e...
Supply to the accused of copy of police report and other documents
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 e...
Supply of copies of statements and documents to accused in other cases triable by Court of Session
Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 204 that the offence is triable exc...
Commitment of case to Court of Session when offence is triable exclusively by it
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the ...
Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
(1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during...
|Chapter XVII||The Charge|
Contents of charge
(1) Every charge under this Code shall state the offence with which the accused is charged.(2) If the law which creates the offence gives it any specific name...
Particulars as to time, place and person
(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...
When manner of committing offence must be stated
When the nature of the case is such that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the matter with which...
Words in charge taken in sense of law under which offence is punishable
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 ...
Effect of errors
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, sha...
Court may alter charge
(1) Any Court may alter or add to any charge at any time before judgment is pronounced.(2) Every such alteration or addition shall be read and explained to th...
Recall of witnesses when charge altered
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 –(a) to recall or ...
Separate charges for distinct offences
(1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately: that where t...
Three offences of same kind within year may be charged together
(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offence...
Trial for more than one offence
(1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charg...
Trial for more than one offence-1
(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, th...
When offence proved included in offence charged
(1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and...
What persons may be charged jointly
The following persons may be charged and tried together, namely:-(a) persons accused of the same offence committed in the course of the same transaction;(b) ...
Withdrawal of remaining charges on conviction on one of several charges
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, o...
|Chapter XVIII||Trial Before A Court Of Session|
Trial to be conducted by Public Prosecutor
In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor....
Opening case for prosecution
When the accused appears or is brought before the Court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by des...
If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution ...
Framing of charge
(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 offe...
Conviction on plea of guilty
If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon....
Date for prosecution evidence
If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 229, the Judge shall fix a date for the examinati...
Evidence for prosecution
(1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution.(2) The Judge may, in his discre...
If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defense on the point, the Judge considers that t...
Entering upon defence
(1) Where the accused is not acquitted under section 232, he shall be called upon to enter on his defense and adduce any evidence he may have in support ther...
When the examination of the witnesses (if any) for the defense is complete, the prosecutor shall sum up his case and the accused or his pleader shall be enti...
Judgment of acquittal of conviction
(1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case.(2) If the accused is convicted, the Judge shall, unless h...
In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been prev...
Procedure in cases instituted under section 199(2)
(1) A Court of Session taking cognizance of an offence under sub-section (2) of section 199 shall try the case in accordance with the procedure for the trial...
|Chapter XIX||Trial Of Warrant-Cases By Magistrates|
Compliance with section 207
When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistra...
When accused shall be discharged
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate...
Framing of charge
(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has commi...
Conviction on plea of guilty
If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon....
Evidence for prosecution
(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 241, the Magistrate...
Evidence for defence
(1) The accused shall then be called upon to enter upon his defense and produce his evidence; and if the accused puts in any written statement, the Magistrat...
Evidence for prosecution
(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 proce...
When accused shall be discharged
(1) If, upon taking all the evidence referred to in section 244, the Magistrate considers, for reasons to be recorded, that no case against the accused has b...
Procedure where accused is not discharged
(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 acc...
Evidence for defence
The accused shall then be called upon to enter upon his defense and produce his evidence; and the provisions of section 243 shall apply to the case....
Acquittal or conviction
(1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal....
Absence of complainant
When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be...
Compensation for accusation without reasonable cause
(1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before ...
|Chapter XX||Trial Of Summons-Cases By Magistrates|
Substance of accusation to be stated
When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him,...
Conviction on plea of guilty
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...
Conviction on plea of guilty in absence of accused in petty cases
(1) Where a summons has been issued under section 206 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall...
Procedure when not convicted
(1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such e...
Acquittal or conviction
(1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produ...
Non-appearance or death of complainant
(1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the heari...
Withdrawal of complaint
If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for p...
Power to stop proceedings in certain cases
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...
Power of Court to convert summons-cases into warrant-cases
When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magi...
|Chapter XXI||Summary Trials|
Power to try summarily
(1) Notwithstanding anything contained in this Code-(a) any Chief Judicial Magistrate;(b) any Metropolitan Magistrate;(c) any Magistrate of the first class sp...
Summary trial by Magistrate of the second class
The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishab...
Procedure for summary trials
(1) In trials under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned.(2) No...
Record in summary trials
In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:-(a) the serial...
Judgment in cases tried summarily
In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing...
Language of record and judgment
(1) Every such record and judgment shall be written in the language of the Court.(2) The High Court may authorize any Magistrate empowered to try offences su...
|Chapter XXII||Attendance Of Persons Confined Or Detained In Prisons|
In this Chapter, -(a) "detained" includes detained under any law providing for preventive detention;(b) "prison" includes, -(i) any place which has been decl...
Power to require attendance of prisoners
(1) Whenever, in the course of an inquiry, trial or other proceeding under this Code, it appears to a Criminal Court,-(a) that a person confined or detained i...
Power of State Government to exclude certain persons from operation of section 267
(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 ...
Officer in charge of prison to abstain from carrying out order in certain contingencies
Where the person in respect of whom an order is made under section 267-(a) is by reason of sickness or infirmity unfit to be removed from the prison; or(b) is...
Prisoner to be brought to Court in custody
Subject to the provisions of section 269, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 267 and ...
Power to issue commission for examination of witness in prison
The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 284, a commission for the examination, as a witne...
|Chapter XXIII||Evidence In Inquiries And Trials|
Language of Courts
The State Government may determine what shall be, for purposes of this Code, the language of each Court within the State other than the High Court....
Evidence to be taken in presence of accused
Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, ...
Record in summons cases and inquiries
(1) In all summons-cases tried before a Magistrate, in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 oth...
Record in warrant-cases
(1) 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 M...
Record in trial before Court of Session
(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 presidin...
Language of record of evidence
In every case where evidence is taken down under section 275 or section 276,-(a) if the witness gives evidence in the language of the Court, it shall be take...
Procedure in regard to such evidence when completed
(1) As the evidence of each witness taken under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in a...
Interpretation of evidence to accused or his pleader
(1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open ...
Remarks respecting demeanour of witness
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 ...
Record of examination of accused
(1) Whenever the accused is examined by a Metropolitan Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused ...
Interpreter to be bound to interpret truthfully
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 tr...
Record in High Court
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 case...
When attendance of witness may be dispensed with and commission issued
(1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate that the examination of a witness ...
Commission to whom to be issued
(1) If the witness is within the territories to which this Code extends, the commission shall be directed to the Chief Metropolitan Magistrate or Chief Judic...
Execution of commissions
Upon receipt of the commission, the Chief Metropolitan Magistrate or Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint...
Parties may examine witnesses
(1) 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 ...
Return of commission
(1) After any commission issued under section 284 has been duly executed, it shall be returned, together with the deposition of the witness examined thereund...
Adjournment of proceeding
In every case in which a commission is issued under section 284, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably suff...
Execution of foreign commissions
(1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission and its return shall apply in respect...
Deposition of medical witness
(1) 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 und...
Evidence of the officers of the Mint
(1) Any document purporting to be a report under the hand of any such gazetted officer of the Mint or of the India Security Press (including the office of th...
Reports of certain Government scientific experts
(1) 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 submi...
No formal proof of certain documents
(1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and th...
Affidavit in proof of conduct of public servant
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 respectin...
Evidence of formal character on affidavit
(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...
Authorities before whom affidavits may be sworn
(1) Affidavits to be used before any Court under this Code may be sworn or affirmed before -(a) any Judge or Magistrate, or(b) any Commission of Oaths appoint...
Previous conviction or acquittal how proved
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 la...
Record of evidence in absence of accused
(1) 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 fo...
|Chapter XXIV||General Provisions As To Inquiries And Trials|
Person once convicted or acquitted not to be tried for same offence
(1) 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 convicti...
Appearance by Public Prosecutors
(1) 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 tha...
Permission to conduct prosecution
(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 Ins...
Right of person against whom proceedings are instituted to be defended
Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may a right be defended by a pleader of...
Legal aid to accused at State expense in certain cases
(1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the Court that the accused has not su...
Procedure when corporation or registered society is an accused
(1) In this section, "corporation" means an incorporated company or other body corporate, and includes a society registered under the Societies Registration ...
Tender of pardon to accomplice
(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 sectio...
Power to direct tender of pardon
At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial th...
Trial of person not complying with conditions of pardon
(1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opini...
Power to postpone or adjourn proceedings
(1) In every inquiry or trial, the proceedings shall be held as expeditiously as possible, and in particular, when the examination of witnesses has once begu...
(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in whic...
Power to summon material witness, or examine person present
Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendanc...
Expenses of complainants and witnesses
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 expe...
Power to examine the accused
(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Cou...
Oral arguments and memorandum of arguments
(1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral ...
Accused person to be competent witness
(1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defense and may give evidence on oath in disproof of the ch...
No influence to be used to induce disclosure
Except as provided in sections 306 and 307, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to...
Provision for inquiries and trial being held in the absence of accused in certain cases
(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 personal attendance of...
Procedure where accused does not understand proceedings
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 o...
Power to proceed against other persons appearing to be guilty of offence
(1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any o...
Compounding of offences
(1) The offences punishable under the sections of the Indian Penal Code(45 of 1860) specified in the first two columns of the Table next following may be com...
Withdrawal from prosecution
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, w...
Procedure in cases which Magistrate cannot dispose
(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)...
Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
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 judgment that the case is...
Trial of persons previously convicted of offences against coinage, stamp-law or property
(1) Where a person, having been convicted of an offence punishable under Chapter XII of Chapter XVII of the Indian Penal Code (45 of 1860) with imprisonment ...
Procedure when Magistrate cannot pass sentence sufficiently severe
(1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused that the accused is guilty, and that he ought to rece...
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
(1) Whenever any Magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction ...
Court to be open
The place in which may Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open Court, to which the publi...
|Chapter XXV||Provisions As To Accused Persons Of Unsound Mind|
Procedure in case of accused being lunatic
(1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently inc...
Procedure in case of person of unsound mind tried before Court
(1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and cons...
Release of lunatic pending investigation or trial
(1) Whenever a person is found, under section 328 or section 329, to be of unsound mind and incapable of making his defense, the Magistrate or Court, as the ...
Resumption of inquiry or trial
(1) Whenever an inquiry or a trial is postponed under section 328 or section 329, the Magistrate or Court, as the case may be, may at any time after the pers...
Procedure on accused appearing before Magistrate or Court
(1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of mak...
When accused appears to have been of sound mind
When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there i...
Judgment of acquittal on ground of unsoundness of mind
Whenever 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 m...
Person acquitted on such ground to be detained in safe custody
(1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shal...
Power of State Government to empower officer in charge to discharge
The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section 335 to discha...
Procedure where lunatic prisoner is reported capable of making his defence
If such person is detained under the provisions of sub-section (2) of section 330, and in the case of a person detained in a jail, the Inspector-General of P...
Procedure where lunatic detained is declared fit to be released
(1) If such person is detained under the provisions of sub-section (2) of section 330, or section 335, and such Inspector-General or visitors shall certify t...
Delivery of lunatic to care of relative or friend
(1) Whenever any relative or friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care ...
|Chapter XXVI||Provisions As To Offences Affecting The Administration Of Justice|
Procedure in cases mentioned in section 195
(1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry...
(1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 340...
Power to order costs
Any Court dealing with an application made to it for filing a complaint under section 340 or an appeal under section 341, shall have power to make such order...
Procedure of Magistrate taking cognizance
(1) A Magistrate to whom a complaint is made under section 340 or section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may...
Summary procedure for trial for giving false evidence
(1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expr...
Procedure in certain cases of contempt
(1) When any such offence as is described in section 175, section n178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is comm...
Procedure where Court considers that case should not be dealt with under section 345
(1) If the Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its view or presence should b...
When Registrar or Sub-Registrar to be deemed a
When the State Government so directs, any Registrar or any Sub-Registrar appointed under the Indian Registration Act, 1908, (16 of 1908) shall be deemed to b...
Discharge of offender on submission of apology
When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or om...
Imprisonment or committal of person refusing to answer or produce document
.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 ...
Summary procedure for punishment for non-attendance by a witness in obedience to summons
(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 wi...
Appeals from convictions under sections 344, 345, 349 and 350
(1) Any person sentenced by any Court other than a High Court under section 344, section 345, section 349, or section 350 may, notwithstanding anything conta...
Certain Judges and Magistrates not to try certain offences when committed before themselves
Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person fo...
|Chapter XXVII||The Judgment|
(1) The judgment is every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after t...
Language and contents of judgment
(1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353, -(a) shall be written in the language of the Court;(b) sha...
Metropolitan Magistrates judgment
Instead of recording a judgment in the manner hereinbefore provided, a Metropolitan Magistrate shall record the following particulars, namely:-(a) the serial...
Order for notifying address of previously convicted offender
(1) When any person, having been convicted by a Court in India of an offence punishable under section 215, section 489A, section 489B, section 489C, or secti...
Order to pay compensation
(1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, o...
Compensation to persons groundlessly arrested
(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 suffici...
Order to pay costs in non-cognizable cases
(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 upo...
Order to release on probation of good conduct or after admonition
(1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or ...
Special reasons to be recorded in certain cases.- Where in any case the Court could have dealt with
(a) an accused person under section 360 or under the provisions of the Probation of Offenders Act, 1958, (20 of 1958) or(b) a youthful offender under the Chil...
Court not to alter judgment
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 or final order disposing o...
Copy of judgment to be given to the accused and other persons
(1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of...
Judgment when to be translated
The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court and...
Court of Session to send copy of finding and sentence to District Magistrate
In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his f...
|Chapter XXVIII||Submission Of Death Sentences For Confirmation|
Sentence of death to be submitted by Court of Session for confirmation
(1) 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 ...
Power to direct further inquiry to be made or additional evidence to be taken
(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 b...
Power of High Court to confirm sentence or annul conviction
In any case submitted under section 366, the High Court-(a) may confirm the sentence, or pass any other sentence warranted by law, or(b) may annul the convict...
Confirmation or new sentence to be signed by two Judges
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 o...
Procedure in case of difference of opinion
Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by sec...
Procedure in cases submitted to High Court for confirmation
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...
No appeals to lie unless otherwise provided
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....
Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
Any person,-(i) who has been ordered under section 117 to give security for keeping the peace or for good behavior, or(ii) who is aggrieved by any order refus...
Appeals from convictions
(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 c...
No appeal in certain cases when accused pleads guilty
Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,-...
No appeal in petty cases
Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:-(a) where a High Cou...
Appeal by the State Government against sentence
(1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, ...
Appeal in case of acquittal
(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct th...
Appeal against conviction by High Court in certain cases
Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for ...
Special right of appeal in certain cases
Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passe...
Appeal to Court of Session how heard
(1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additiona...
Petition of appeal
Every appeal s all be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to...
Procedure when appellant in jail
If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall there...
Summary dismissal of appeal
(1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is ...
Procedure for hearing appeals not dismissed summarily
(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-...
Powers of the Appellate Court
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 s...
Judgments of subordinate Appellate Court
The rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgme...
Order of High Court on appeal to be certified to lower Court
(1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sent...
Suspension of sentence pending the appeal; release of appellant on bail
(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 ...
Arrest of accused in appeal from acquittal
When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordi...
Appellate Court may take further evidence or direct it to be taken
(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 ei...
Procedure where Judges of Court of Appeal are equally divided
When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall b...
Finality of judgments and orders on appeal
Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, and sub-sectio...
Abatement of appeal
(1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused.(2) Every other appeal under this Chapter (except an appeal ...
|Chapter XXX||Reference And Revision|
Reference to High Court
(1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision ...
Disposal of case according to decision of High Court
(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 t...
Calling for records to exercise powers of revision
(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 l...
Power to order inquiry
On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of...
Sessions Judges powers of revision
(1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be e...
Power of Additional Sessions Judge
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 transferre...
High Courts powers of revision
(1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its dis...
Power of High Court to withdraw or transfer revision cases
(1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the sam...
Option of Court to hear parties
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 ...
Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may subm...
High Courts order to be certified to lower Court
When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certify its decision ...
|Chapter XXXI||Transfer Of Criminal Cases|
Power to Supreme Court to transfer cases and appeals
(1) Whenever it is made to appear to the Supreme Court that an order under this sections expedient for the ends of justice, it may direct that any particular ...
Power of High Court to transfer cases and appeals
(1) 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, o...
Power of Sessions Judge to transfer cases and appeals
(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 order that any partic...
Withdrawal of cases and appeals by Sessions Judges
(1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judi...
Withdrawal of cases by Judicial Magistrates
(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 inquir...
Making over or withdrawal of cases by Executive Magistrates
Any District Magistrate or Sub-divisional Magistrate may-(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate Sub...
Reasons to be recorded
A Sessions Judge or Magistrate making an order under section 408, section 409, section 410 or section 411 shall record his reasons for making it....
|Chapter XXXII||Execution, Suspension, Remission And Commutation Of Sentences|
Execution of order passed under section 368
When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other orde...
Execution of sentence of death passed by High Court
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 th...
Postponement of execution of sentence of death in case of appeal to Supreme Court
(1) 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) o...
Postponement of capital sentence on pregnant woman
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, c...
Power to appoint place of imprisonment
(1) 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 o...
Execution of sentence of imprisonment
(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 413, the Court pa...
Direction of warrant for execution
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,...
Warrant with whom to be lodged
When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor....
Sentence on offender already sentenced for another offence
(1) When a person already undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such impris...
Period of detention undergone by the accused to be set off against the sentence of imprisonment
Where an accused person has, on conviction, been sentenced to imprisonment for a term, the period of detention, if any, undergone by him during the investiga...
(1) Nothing in section 426 or section 427 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequ...
Return of warrant on execution of sentence
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 hi...
Money ordered to be paid recoverable as a fine
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 otherwise expressly provided fo...
Power to suspend or remit sentences
(1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions w...
Power to commute sentence
The appropriate Government may, without the consent of the person sentenced, commute-(a) a sentence of death, for any other punishment provided by the Indian P...
Concurrent power of Central Government in case of death sentences
The powers conferred by sections 432 and 433 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government....
State Government to act after consultation with Central Government in certain cases
(1) The powers conferred by sections 432 and 433 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence-(...
|Chapter XXXIII||Provisions As To Bail And Bonds|
In what cases bail to be taken
(1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station,...
When bail may be taken in case of non-bailable offence
(1) When any person accused of or suspected of the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of ...
Direction for grant of bail to person apprehending arrest
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court...
Amount of bond and reduction thereof
(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.(2) The H...
Bond of accused and sureties
(1) Before any person is released on 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, think...
Discharge from custody
(1) 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 jail, the Court admitti...
Power to order sufficient bail when that first taken in insufficient
If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant ...
Discharge of sureties
(1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wh...
Deposit instead of recognizance
When any person is required by any Court or officer to execute a bond with or without sureties, such Court or officer may, except in the case of a bond for g...
Procedure when bond has been forfeited
(1) Where a bond under this Code is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of a...
Procedure in case of insolvency or death of surety or when a bond is forfeited
When any surety to a bond under this Code becomes insolvent or dies, or when any bond is forfeited under the provisions of section 446, the Court by whose or...
Bond required from minor
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 suret...
Appeal from orders under section 446
All orders passed under section 446, shall be punishable,-(i) in the case of an order made by a Magistrate, to the Sessions Judge;(ii) in the case of an orde...
Power to direct levy of amount due on certain recognizances
The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Ses...
|Chapter XXXIV||Disposal Of Property|
Order for custody and disposal of property pending trial in certain cases
When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of ...
Order for disposal of property at conclusion of trial
(1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fir for the disposal, by destruction, confiscatio...
Payment to innocent purchaser of money found on accused
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 ...
Appeal against orders under section 452 or section 453
(1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie fro...
Destruction of libellous and other matter
(1) On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code(45 of 1860), the Court may order the destruction of a...
Power to restore possession of immovable property
(1) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by su...
Procedure by Police upon seizure of property
(1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced b...
Procedure where no claimant appears within six months
(1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show t...
Power to sell perishable property
If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate ...
|Chapter XXXV||Irregular Proceedings|
Irregularities which do not vitiate proceedings
If any Magistrate not empowered by law to do any of the following things, namely:-(a) to issue a search-warrant under section 94;(b) to order, under section 15...
Irregularities which vitiate proceedings
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 83;(b) i...
Proceedings in wrong place
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 whi...
Non-compliance with provisions of section 164 or section 281
(1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, i...
Effect of omission to frame, or absence of, or error in, charge
(1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the groun...
Finding or sentence when reversible by reason of error, omission or irregularity
(1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered b...
Defect or error not to make attachment unlawful
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...
|Chapter XXXVI||Limitation For Taking Cognizance Of Certain Offences|
For the purposes of this Chapter, unless the context otherwise requires, "period of limitation" means the period specified in section 468 for taking cognizanc...
Bar to taking cognizance after lapse of the period of limitation
(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the...
Commencement of the period of limitation
(1) The period of limitation, in relation to an offender, shall commence, -(a) on the date of the offence; or(b) where the commission of the offence was not k...
Exclusion of time in certain cases
(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of...
Exclusion of date on which Court is closed
Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.A Court shall be...
In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues....
Extension of period of limitation in certain cases
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of...
Trials before High Courts
When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of S...
Delivery to commanding officers of persons liable to be tried by Court-martial
(1) The Central Government may make rules consistent with this Code and the Army Act, 1950, (46 of 1950)the Navy Act, 1957, (62 of 1957) and the Air Force Act...
Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of e...
Power of High Court to make rules
(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-writer...
Power to alter functions allocated to judicial and Executive Magistrates in certain cases
If the State Legislature by a resolution so requires, the State Government may, after consultation with the High Court, by notification, direct that-(a) refer...
Case in which Judge or Magistrate is personally interested
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...
Practising pleader not to sit as Magistrate in certain Courts
No pleader who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court....
Public servant concerned in sale not to purchase or bid for property
.- A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property....
Saving of inherent powers of High Court
Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any o...
Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
.-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 a...
Repeal and savings
(1) The Code of Criminal Procedure, 1898, (5 of 1898) is hereby repealed.(2) Notwithstanding such repeal,-(a) if, immediately before the date on which this C...
The First Schedule
(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 fir...
The Second Schedule
(See section 476)_________ (See section 61)To (name of accused) of (address) your attendance is necessary to answer to a charge of (state shortly the offence...