Code of Criminal Procedure, 1973 – Section 482 – Penal Code, 1860 – Ss. 376 (2) 376 (n), 376 (3) & 506 – Protection of Children from Sexual Offences Act, 2012 – S. 6 – Information and Technology Act, 2000 – Section 67 – Parties entered into compromise – FIR Quashed.
Code of Criminal Procedure 1973
THE CODE OF CRIMINAL PROCEDURE, 1973
ACT NO. 2 OF 1974 [25th January, 1974.]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the twenty-fourth Year of the Republic of India as follows:—
1. Short title, extent and commencement.
3. Construction of references.
4. Trial of offences under the Indian Penal Code and other laws.
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Classes of Criminal Courts.
7. Territorial divisions.
8. Metropolitan areas.
9. Court of Session.
10. Subordination of Assistant Sessions Judges.
11. Courts of Judicial Magistrates.
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
13. Special Judicial Magistrates.
14. Local jurisdiction of Judicial Magistrates.
15. Subordination of Judicial Magistrates.
16. Courts of Metropolitan Magistrates.
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.
18. Special Metropolitan Magistrates.
19. Subordination of Metropolitan Magistrates.
20. Executive Magistrates.
21. Special Executive Magistrates.
22. Local Jurisdiction of Executive Magistrates.
23. Subordination of Executive Magistrates.
24. Public Prosecutors.
25. Assistant Public Prosecutors.
25A. Directorate of Prosecution.
POWER OF COURTS
26. Courts by which offences are triable.
27. Jurisdiction in the case of juveniles.
28. Sentences which High Courts and Sessions Judges may pass.
29. Sentences which Magistrates may pass.
30. Sentence of imprisonment in default of fine.
31. Sentence in cases of conviction of several offences at one trial.
32. Mode of conferring powers.
33. Powers of officers appointed.
34. Withdrawal of powers.
35. Powers of Judges and Magistrates exercisable by their successors-in-office.
A.–POWERS OF SUPERIOR OFFICERS OF POLICE
36. Powers of superior officers of police.
B.–AID TO THE MAGISTRATES AND THE POLICE
37. Public when to assist Magistrates and police.
38. Aid to person, other than police officer, executing warrant.
39. Public to give information of certain offences.
40. Duty of officers employed, in connection with the affairs of a village to make certain report.
ARREST OF PERSONS
41. When police may arrest without warrant.
41A. Notice of appearance before police officer.
41B. Procedure of arrest and duties of officer making arrest.
41C. Control room at districts.
41D. Right of arrested person to meet an advocate of his choice during interrogation.
42. Arrest on refusal to give name and residence.
43. Arrest by private person and procedure on such arrest.
44. Arrest by Magistrate.
45. Protection of members of the Armed Forces from arrest.
46. Arrest how made.
47. Search of place entered by person sought to be arrested.
48. Pursuit of offenders into other jurisdictions.
49. No unnecessary restraint.
50. Person arrested to be informed of grounds of arrest and of right to bail.
50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.
51. Search of arrested person.
52. Power to seize offensive weapons.
53. Examination of accused by medical practitioner at the request of police officer.
53A. Examination of person accused of rape by medical practitioner.
54. Examination of arrested person by medical officer.
54A. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest without warrant.
55A. Health and safety of arrested person.
56. Person arrested to be taken before Magistrate or officer in charge of police station.
57. Person arrested not to be detained more than twenty-four hours.
58. Police to report apprehensions.
59. Discharge of person apprehended.
60. Power, on escape, to pursue and retake.
60A. Arrest to be made strictly according to the Code.
PROCESSES TO COMPEL APPEARANCE
61. Form of summons.
62. Summons how served.
63. Service of summons on corporate bodies and societies.
64. Service when persons summoned cannot be found.
65. Procedure when service cannot be effected as before provided.
66. Service on Government servant.
67. Service of summons outside local limits.
68. Proof of service in such cases and when serving officer not present.
69. Service of summons on witness by post.
B.–Warrant of arrest
70. Form of warrant of arrest and duration.
71. Power to direct security to be taken.
72. Warrants to whom directed.
73. Warrant may be directed to any person.
74. Warrant directed to police officer.
75. Notification of substance of warrant.
76. Person arrested to be brought before Court without delay.
77. Where warrant may be executed.
78. Warrant forwarded for execution outside jurisdiction.
79. Warrant directed to police officer for execution outside jurisdiction.
80. Procedure on arrest of person against whom warrant issued.
81. Procedure by Magistrate before whom such person arrested is brought
C.–Proclamation and attachment
82. Proclamation for person absconding.
83. Attachment of property of person absconding.
84. Claims and objections to attachment.
85. Release, sale and restoration of attached property.
86. Appeal from order rejecting application for restoration of attached property.
D.–Other rules regarding processes
87. Issue of warrant in lieu of, or in addition to, summons.
88. Power to take bond for appearance.
89. Arrest on breach of bond for appearance.
90. Provisions of this Chapter generally applicable to summonses and warrants of arrest.
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.–Summons to produce
91. Summons to produce document or other thing.
92. Procedure as to letters and telegrams.
93. When search-warrant may be issued.
94. Search of place suspected to contain stolen property, forged documents, etc.
95. Power to declare certain publications forfeited and to issue search-warrants for the same.
96. Application to High Court to set aside declaration of forfeiture.
97. Search for persons wrongfully confined.
98. Power to compel restoration of abducted females.
C.–General provisions relating to searches
99. Direction, etc., of search-warrants.
100. Persons in charge of closed place to allow search.
101. Disposal of things found in search beyond jurisdiction.
102. Power of police officer to seize certain property.
103. Magistrate may direct search in his presence.
104. Power to impound document, etc., produced.
105. Reciprocal arrangements regarding processes.
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
105B. Assistance in securing transfer of persons.
105C. Assistance in relation to orders of attachment or forfeiture of property.
105D. Identifying unlawfully acquired property.
105E. Seizure or attachment of property.
105F. Management of properties seized or forfeited under this Chapter.
105G. Notice of forfeiture of property.
105H. Forfeiture of property in certain cases.
105-I. Fine in lieu of forfeiture.
105J. Certain transfers to be null and void.
105K. Procedure in respect of letter of request.
105L. Application of this Chapter.
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
106. Security for keeping the peace on conviction.
107. Security for keeping the peace in other cases.
108. Security for good behaviour from persons disseminating seditious matters.
109. Security for good behaviour from suspected persons.
110. Security for good behaviour from habitual offenders.
111. Order to be made.
112. Procedure in respect of person present in Court.
113. Summons or warrant in case of person not so present.
114. Copy of order to accompany summons or warrant.
115. Power to dispense with personal attendance.
116. Inquiry as to truth of information.
117. Order to give security.
118. Discharge of person informed against.
119. Commencement of period for which security is required.
120. Contents of bond.
121. Power to reject sureties.
122. Imprisonment in default of security.
123. Power to release persons imprisoned for failing to give security.
124. Security for unexpired period of bond.
125. Order for maintenance of wives, children and parents.
127. Alteration in allowance.
128. Enforcement of order of maintenance.
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
129. Dispersal of assembly by use of civil force.
130. Use of armed forces to disperse assembly.
131. Power of certain armed force officers to disperse assembly.
132. Protection against prosecution for acts done under preceding sections.
133. Conditional order for removal of nuisance.
134. Service or notification of order.
135. Person to whom order is addressed to obey or show cause.
136. Consequences of his failing to do so.
137. Procedure where existence of public right is denied.
138. Procedure where he appears to show cause.
139. Power of Magistrate to direct local investigation and examination of an expert.
140. Power of Magistrate to furnish written instructions, etc.
141. Procedure on order being made absolute and consequences of disobedience.
142. Injunction pending inquiry.
143. Magistrate may prohibit repetition or continuance of public nuisance.
C.–Urgent cases of nuisance or apprehended danger
144. Power to issue order in urgent cases of nuisance or apprehended danger.
D.–Disputes as to immovable property
145. Procedure where dispute concerning land or water is likely to cause breach of peace.
146. Power to attach subject of dispute and to appoint receiver.
147. Dispute concerning right of use of land or water.
148. Local inquiry.
PREVENTIVE ACTION OF THE POLICE
149. Police to prevent cognizable offences.
150. Information of design to commit cognizable offences.
151. Arrest to prevent the commission of cognizable offences.
152. Prevention of injury to public property.
153. Inspection of weights and measures.
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
154. Information in cognizable cases.
155. Information as to non-cognizable cases and investigation of such cases.
156. Police officer’s power to investigate cognizable case.
157. Procedure for investigation.
158. Report how submitted.
159. Power to hold investigation or preliminary inquiry.
160. Police officer’s power to require attendance of witnesses.
161. Examination of witnesses by police.
162. Statements to police not to be signed: Use of statements in evidence.
163. No inducement to be offered.
164. Recording of confessions and statements.
164A. Medical examination of the victim of rape.
165. Search by police officer.
166. When officer in charge of police station may require another to issue search-warrant.
166A. Letter of request to competent authority for investigation in a country or place outside India.
166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India.
167. Procedure when investigation cannot be completed in twenty-four hours.
168. Report of investigation by subordinate police officer.
169. Release of accused when evidence deficient.
170. Cases to be sent to Magistrate, when evidence is sufficient
171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint.
172. Diary of proceedings in investigation.
173. Report of police officer on completion of investigation.
174. Police to enquire and report on suicide, etc.
175. Power to summon persons.
176. Inquiry by Magistrate into cause of death.
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
177. Ordinary place of inquiry and trial.
178. Place of inquiry or trial.
179. Offence triable where act is done or consequence ensues.
180. Place of trial where act is an offence by reason of relation to other offence.
181. Place of trial in case of certain offences.
182. Offences committed by letters, etc.
183. Offence committed on journey or voyage.
184. Place of trial for offences triable together.
185. Power to order cases to be tried in different sessions divisions.
186. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
187. Power to issue summons or warrant for offence committed beyond local jurisdiction.
188. Offence committed outside India.
189. Receipt of evidence relating to offences committed outside India.
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
190. Cognizance of offences by Magistrates.
191. Transfer on application of the accused.
192. Making over of cases to Magistrates.
193. Cognizance of offences by Courts of Session.
194. Additional and Assistant Sessions Judges to try cases made over to them.
195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
195A. Procedure for witnesses in case of threatening, etc.
196. Prosecution for offences against the State and for criminal conspiracy to commit such offence.
197. Prosecution of Judges and public servants.
198. Prosecution for offences against marriage.
198A. Prosecution of offences under section 498A of the Indian Penal Code.
198B. Cognizance of offence.
199. Prosecution for defamation.
COMPLAINTS TO MAGISTRATES
200. Examination of complainant.
201. Procedure by Magistrate not competent to take cognizance of the case.
202. Postponement of issue of process.
203. Dismissal of complaint.
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
204. Issue of process.
205. Magistrate may dispense with personal attendance of accused.
206. Special summons in cases of petty offence.
207. Supply to the accused of copy of police report and other documents.
208. Supply of copies of statements and documents to accused in other cases triable by Court of Session.
209. Commitment of case to Court of Session when offence is triable exclusively by it.
210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
A.–Form of charges
211. Contents of charge.
212. Particulars as to time, place and person.
213. When manner of committing offence must be stated.
214. Words in charge taken in sense of law under which offence is punishable.
215. Effect of errors.
216. Court may alter charge.
217. Recall of witnesses when charge altered.
B.–Joinder of charges
218. Separate charges for distinct offences.
219. Three offences of same kind within year may be charged together.
220. Trial for more than one offence.
221. Where it is doubtful what offence has been committed.
222. When offence proved included in offence charged.
223. What persons may be charged jointly.
224. Withdrawal of remaining charges on conviction on one of several charges.
TRIAL BEFORE A COURT OF SESSION
225. Trial to be conducted by Public Prosecutor.
226. Opening case for prosecution.
228. Framing of charge.
229. Conviction on plea of guilty.
230. Date for prosecution evidence.
231. Evidence for prosecution.
233. Entering upon defence.
235. Judgment of acquittal or conviction.
236. Previous conviction.
237. Procedure in cases instituted under section 199(2).
TRIAL OF WARRANT-CASES BY MAGISTRATES
A.–Cases instituted on a police report
238. Compliance with section 207.
239. When accused shall be discharged.
240. Framing of charge.
241. Conviction on plea of guilty.
242. Evidence for prosecution.
243. Evidence for defence.
B.–Cases instituted otherwise than on police report
244. Evidence for prosecution.
245. When accused shall be discharged.
246. Procedure where accused is not discharged.
247. Evidence for defence.
C.–Conclusion of trial
248. Acquittal or conviction.
249. Absence of complainant.
250. Compensation for accusation without reasonable cause.
TRIAL OF SUMMONS-CASES BY MAGISTRATES
251. Substance of accusation to be stated.
252. Conviction on plea of guilty.
253. Conviction on plea of guilty in absence of accused in petty cases.
254. Procedure when not convicted.
255. Acquittal or conviction.
256. Non-appearance or death of complainant.
257. Withdrawal of complaint.
258. Power to stop proceedings in certain cases.
259. Power of Court to convert summons-cases into warrant-cases.
260. Power to try summarily.
261. Summary trial by Magistrate of the second class.
262. Procedure for summary trials.
263. Record in summary trials.
264. Judgment in cases tried summarily.
265. Language of record and judgment.
265A. Application of the Chapter.
265B. Application for plea bargaining.
265C. Guidelines for mutually satisfactory disposition.
265D. Report of the mutually satisfactory disposition to be submitted before the Court.
265E. Disposal of the case.
265F. Judgment of the Court.
265G. Finality of the judgment.
265H. Power of the Court in plea bargaining.
265-I. Period of detention undergone by the accused to be set-off against the sentence of imprisonment.
265K. Statements of accused not to be used.
265L. Non-application of the Chapter.
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
267. Power to require attendance of prisoners.
268. Power of State Government to exclude certain persons from operation of section 267.
269. Officer in charge of prison to abstain from carrying out order in certain contingencies.
270. Prisoner to be brought to Court in custody.
271. Power to issue commission for examination of witness in prison.
EVIDENCE IN INQUIRIES AND TRIALS
A.–Mode of taking and recording evidence
272. Language of Courts.
273. Evidence to be taken in presence of accused.
274. Record in summons-cases and inquiries.
275. Record in warrant-cases.
276. Record in trial before Court of Session.
277. Language of record of evidence.
278. Procedure in regard to such evidence when completed.
279. Interpretation of evidence to accused or his pleader.
280. Remarks respecting demeanour of witness.
281. Record of examination of accused.
282. Interpreter to be bound to interpret truthfully.
283. Record in High Court.
B.–Commissions for the examination of witnesses
284. When attendance of witness may be dispensed with and commission issued.
285. Commission to whom to be issued.
286. Execution of commissions.
287. Parties may examine witnesses.
288. Return of commission.
289. Adjournment of proceeding.
290. Execution of foreign commissions.
291. Deposition of medical witness.
291A. Identification report of Magistrate.
292. Evidence of officers of the Mint.
293. Reports of certain Government scientific experts.
294. No formal proof of certain documents.
295. Affidavit in proof of conduct of public servants.
296. Evidence of formal character on affidavit.
297. Authorities before whom affidavits may be sworn.
298. Previous conviction or acquittal how proved.
299. Record of evidence in absence of accused.
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
300. Person once convicted or acquitted not to be tried for same offence.
301. Appearance by Public Prosecutors.
302. Permission to conduct prosecution.
303. Right of person against whom proceedings are instituted to be defended.
304. Legal aid to accused at State expense in certain cases.
305. Procedure when corporation or registered society is an accused.
306. Tender of pardon to accomplice.
307. Power to direct tender of pardon.
308. Trial of person not complying with conditions of pardon.
309. Power to postpone or adjourn proceedings.
310. Local inspection.
311. Power to summon material witness, or examine person present.
311A. Power of Magistrate to order person to give specimen signatures or handwriting.
312. Expenses of complainants and witnesses.
313. Power to examine the accused.
314. Oral arguments and memorandum of arguments.
315. Accused person to be competent witness.
316. No influence to be used to induce disclosure.
317. Provision for inquiries and trial being held in the absence of accused in certain cases.
318. Procedure where accused does not understand proceedings.
319. Power to proceed against other persons appearing to be guilty of offence.
320. Compounding of offences.
321. Withdrawal from prosecution.
322. Procedure in cases which Magistrate cannot dispose of.
323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.
324. Trial of persons previously convicted of offences against coinage, stamp-law or property.
325. Procedure when Magistrate cannot pass sentence sufficiently severe.
326. Conviction or commitment on evidence partly recorded by one Judge or Magistrate and partly by another.
327. Court to be open.
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
328. Procedure in case of accused being lunatic.
329. Procedure in case of person of unsound mind tried before Court.
330. Release of person of unsound mind pending investigation or trial.
331. Resumption of inquiry or trial.
332. Procedure on accused appearing before Magistrate or Court.
333. When accused appears to have been of sound mind.
334. Judgment of acquittal on ground of unsoundness of mind.
335. Person acquitted on such ground to be detained in safe custody.
336. Power of State Government to empower officer-in-charge to discharge.
337. Procedure where lunatic prisoner is reported capable of making his defence.
338. Procedure where lunatic detained is declared fit to be released.
339. Delivery of lunatic to care of relative or friend.
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
340. Procedure in cases mentioned in section 195.
342. Power to order costs.
343. Procedure of Magistrate taking cognizance.
344. Summary procedure for trial for giving false evidence.
345. Procedure in certain cases of contempt.
346. Procedure where Court considers that case should not be dealt with under section 345.
347. When Registrar or Sub-Registrar to be deemed a Civil Court.
348. Discharge of offender on submission of apology.
349. Imprisonment or committal of person refusing to answer or produce document.
350. Summary procedure for punishment for non-attendance by a witness in obedience to summons.
351. Appeals from convictions under sections 344, 345, 349 and 350.
352. Certain Judges and Magistrates not to try certain offences when committed before themselves.
354. Language and contents of judgment.
355. Metropolitan Magistrate’s judgment.
356. Order for notifying address of previously convicted offender.
357. Order to pay compensation.
357A. Victim compensation scheme.
357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.
357C. Treatment of victims.
358. Compensation to persons groundlessly arrested.
359. Order to pay costs in non-cognizable cases.
360. Order to release on probation of good conduct or after admonition.
361. Special reasons to be recorded in certain cases.
362. Court not to alter judgment.
363. Copy of judgment to be given to the accused and other persons.
364. Judgment when to be translated.
365. Court of Session to send copy of finding and sentence to District Magistrate.
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
366. Sentence of death to be submitted by Court of Session for confirmation.
367. Power to direct further inquiry to be made or additional evidence to be taken.
368. Power of High Court to confirm sentence or annul conviction.
369. Confirmation or new sentence to be signed by two Judges.
370. Procedure in case of difference of opinion.
371. Procedure in cases submitted to High Court for confirmation.
372. No appeal to lie unless otherwise provided.
373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
374. Appeals from convictions.
375. No appeal in certain cases when accused pleads guilty.
376. No appeal in petty cases.
377. Appeal by the State Government against sentence.
378. Appeal in case of acquittal.
379. Appeal against conviction by High Court in certain cases.
380. Special right of appeal in certain cases.
381. Appeal to Court of Session how heard.
382. Petition of appeal.
383. Procedure when appellant in jail.
384. Summary dismissal of appeal.
385. Procedure for hearing appeals not dismissed summarily.
386. Powers of the Appellate Court.
387. Judgments of Subordinate Appellate Court.
388. Order of High Court on appeal to be certified to lower Court.
389. Suspension of sentence pending the appeal; release of appellant on bail.
390. Arrest of accused in appeal from acquittal.
391. Appellate Court may take further evidence or direct it to be taken.
392. Procedure where Judges of Court of Appeal are equally divided.
393. Finality of judgments and orders on appeal.
394. Abatement of appeals.
REFERENCE AND REVISION
395. Reference to High Court.
396. Disposal of case according to decision of High Court.
397. Calling for records to exercise powers of revision.
398. Power to order inquiry.
399. Sessions Judge’s powers of revision.
400. Power of Additional Sessions Judge.
401. High Court’s powers of revision.
402. Power of High Court to withdraw or transfer revision cases.
403. Option of Court to hear parties.
404. Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court.
405. High Court’s order to be certified to lower Court.
TRANSFER OF CRIMINAL CASES
406. Power of Supreme Court to transfer cases and appeals.
407. Power of High Court to transfer cases and appeals.
408. Power of Sessions Judge to transfer cases and appeals.
409. Withdrawal of cases and appeals by Sessions Judges.
410. Withdrawal of cases by Judicial Magistrate.
411. Making over or withdrawal of cases by Executive Magistrates.
412. Reasons to be recorded.
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
413. Execution of order passed under section 368.
414. Execution of sentence of death passed by High Court.
415. Postponement of execution of sentence of death in case of appeal to Supreme Court.
416. Postponement of capital sentence on pregnant woman.
417. Power to appoint place of imprisonment.
418. Execution of sentence of imprisonment.
419. Direction of warrant for execution.
420. Warrant with whom to be lodged.
C.–Levy of fine
421. Warrant for levy of fine.
422. Effect of such warrant.
423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend.
424. Suspension of execution of sentence of imprisonment.
D.–General provisions regarding execution
425. Who may issue warrant.
426. Sentence on escaped convict when to take effect.
427. Sentence on offender already sentenced for another offence.
428. Period of detention undergone by the accused to be set off against the sentence of imprisonment.
430. Return of warrant on execution of sentence.
431. Money ordered to be paid recoverable as a fine.
E.–Suspension, remission and commutation of sentences
432. Power to suspend or remit sentences.
433. Power to commute sentence.
433A. Restriction on powers of remission or commutation in certain cases.
434. Concurrent power of Central Government in case of death sentences.
435. State Government to act after consultation with Central Government in certain cases.
PROVISIONS AS TO BAIL AND BONDS
436. In what cases bail to be taken.
436A. Maximum period for which an undertrial prisoner can be detained.
437. When bail may be taken in case of non-bailable offence.
437A. Bail to require accused to appear before next appellate Court.
438. Direction for grant of bail to person apprehending arrest.
439. Special powers of High Court or Court of Session regarding bail
440. Amount of bond and reduction thereof.
441. Bond of accused and sureties.
441A. Declaration by sureties.
442. Discharge from custody.
443. Power to order sufficient bail when that first taken is insufficient.
444. Discharge of sureties.
445. Deposit instead of recognizance.
446. Procedure when bond has been forfeited.
446A. Cancellation of bond and bail bond.
447. Procedure in case of insolvency of death of surety or when a bond is forfeited.
448. Bond required from minor.
449. Appeal from orders under section 446.
450. Power to direct levy of amount due on certain recognizances.
DISPOSAL OF PROPERTY
451. Order for custody and disposal of property pending trial in certain cases.
452. Order for disposal of property at conclusion of trial.
453. Payment to innocent purchaser of money found on accused.
454. Appeal against orders under section 452 or section 453.
455. Destruction of libellous and other matter.
456. Power to restore possession of immovable property.
457. Procedure by police upon seizure of property.
458. Procedure when no claimant appears within six months.
459. Power to sell perishable property.
460. Irregularities which do not vitiate proceedings.
461. Irregularities which vitiate proceedings.
462. Proceedings in wrong place.
463. Non-compliance with provisions of section 164 or section 281.
464. Effect of omission to frame, or absence of, or error in, charge.
465. Finding or sentence when reversible by reason of error, omission or irregularity.
466. Defect or error not to make attachment unlawful.
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
468. Bar to taking cognizance after lapse of the period of limitation.
469. Commencement of the period of limitation.
470. Exclusion of time in certain cases.
471. Exclusion of date on which Court is closed.
472. Continuing offence.
473. Extension of period of limitation in certain cases.
474. Trials before High Courts.
475. Delivery to commanding officers of persons liable to be tried by Court-martial.
477. Power of High Court to make rules.
478. Power to alter functions allocated to Executive Magistrate in certain cases.
479. Case in which Judge or Magistrate is personally interested.
480. Practising pleader not to sit as Magistrate in certain Courts.
481. Public servant concerned in sale not to purchase or bid for property.
482. Saving of inherent power of High Court.
483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.
484. Repeal and savings.
THE FIRST SCHEDULE.–CLASSIFICATION OF OFFENCES.
THE SECOND SCHEDULE.–FORMS.
FORM NO. 1.—Summons to an accused person.
FORM NO. 2.—Warrant of arrest.
FORM NO. 3.—Bond and bail-bond after arrest under a warrant.
FORM NO. 4.—Proclamation requiring the appearance of a person accused.
FORM NO. 5.—Proclamation requiring the attendance of a witness.
FORM NO. 6.—Order of attachment to compel the attendance of a witness.
FORM NO. 7.—Order of attachment to compel the appearance of a person accused.
FORM NO. 8.—Order authorising an attachment by the District Magistrate or Collector.
FORM NO. 9.—Warrant in the first instance to bring up a witness.
FORM NO. 10.—Warrant to search after information of a particular offence.
FORM NO. 11.—Warrant to search suspected place of deposit.
FORM NO. 12.—Bond to keep the peace.
FORM NO. 13.—Bond for good behaviour.
FORM NO. 14.—Summons on information of a probable breach of the peace.
FORM NO. 15.—Warrant of commitment on failure to find security to keep the peace.
FORM NO. 16.—Warrant of commitment on failure to find security for good behaviour.
FORM NO. 17.—Warrant to discharge a person imprisoned on failure to give security.
FORM NO. 18.—Warrant of imprisonment on failure to pay maintenance.
FORM NO. 19.—Warrant to enforce the payment of maintenance by Attachment and Sale.
FORM NO. 20.—Order for the removal of nuisances.
FORM NO. 21.—Magistrate’s notice and peremptory order.
FORM NO. 22.—Injunction to provide against imminent danger pending inquiry.
FORM NO. 23.—Magistrate’s order prohibiting the repetition, etc., of a nuisance.
FORM NO. 24.—Magistrate’s order to prevent obstruction, Riot, etc.
FORM NO. 25.—Magistrate’s order declaring party entitled to retain possession of land, etc., in dispute.
FORM NO. 26.—Warrant of attachment in the case of a dispute as to the possession of land, etc.
FORM NO. 27.—Magistrate’s order prohibiting the doing of anything on land or water.
FORM NO. 28.—Bond and bail-bond on a preliminary inquiry before a Police Officer.
FORM NO. 29.—Bond to prosecute or give evidence.
FORM NO. 30.—Special summons to a person accused of a petty offence.
FORM NO. 31.—Notice of commitment by Magistrate to Public Prosecutor.
FORM NO. 32.—Charges.
I. Charges with one-head.
II. Charges with two or more heads.
III. Charges for theft after previous conviction.
FORM NO. 33.—Summons to witness.
FORM NO. 34.—Warrant of commitment on a sentence of imprisonment or fine if passed by a Court.
FORM NO. 35.—Warrant of imprisonment on failure to pay compensation.
FORM NO. 36.—Order requiring production in Court of person in Prison for answering to charge of offence.
FORM NO. 37.—Order requiring production in Court of person in prison for giving evidence.
FORM NO. 38.—Warrant of commitment in certain cases of contempt when a fine is imposed.
FORM NO. 39.—Magistrate’s or Judge’s warrant of commitment of Witness refusing to answer or to produce document.
FORM NO. 40.—Warrant of commitment under sentence of death.
FORM NO. 41.—Warrant after a commutation of a sentence.
FORM NO. 42.—Warrant of execution of a sentence of death.
FORM NO. 43.—Warrant to levy a fine by attachment and Sale.
FORM NO. 44.—Warrant for recovery of fine.
FORM NO. 44A.—Bond for appearance of offender released pending realistion of fine.
FORM NO. 45.—Bond and bail-bond for attendance before officer in charge of police station or Court.
FORM NO. 46.—Warrant to discharge a person imprisoned on failure to give security.
FORM NO. 47.—Warrant of attachment to enforce a bond.
FORM NO. 48.—Notice to surety on breach of a bond.
FORM NO. 49.—Notice to surety of forfeiture of bond for good behaviour.
FORM NO. 50.—Warrant of attachment against a surety.
FORM NO. 51.—Warrant of commitment of the surety of an accused person admitted to bail.
FORM NO. 52.—Notice to the principal of forfeiture of bond to keep the peace.
FORM NO. 53.—Warrant to attach the property of the principal on breach of a bond to keep the peace.
FORM NO. 54.—Warrant of imprisonment on breach of a bond to keep the peace.
FORM NO. 55.—Warrant of attachment and sale on forfeiture of bond for good behaviour.
FORM NO. 56.—Warrant of imprisonment on forfeiture of bond for good behaviour.
APPENDIX I.—[Extracts from the Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005).]
Criminal Procedure Code, 1973 -Section 482 – Power of quashing of criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases and it was not justified for the Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the FIR or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies. JT 2022 (2) SC 112
Code of Criminal Procedure, 1973 – S. 439 – Where a Court while considering an application for bail fails to consider the relevant factors, an Appellate Court may justifiably set aside the order granting bail. Appellate Court is thus required to consider whether the order granting bail suffers from a non-application of mind or a prima facie view from the evidence available on record.
Code of Criminal Procedure, 1973 – Section 125 – Production of the ration card as a documentary proof of marital relation between the parties met the requirement of prima facie evidence in establishing the matrimonial relationship between the parties.
Bail – While elaborate reasons may not be assigned for grant of bail or an extensive discussion of the merits of the case may not be undertaken by the court considering a bail application, an order de hors reasoning or bereft of the relevant reasons cannot result in grant of bail. In such a case the prosecution or the informant has a right to assail the order before a higher forum. JT 2022 (1) SC 208 : 2022 (1) SCALE 368
Code of Criminal Procedure, 1973 – Ss. 170 & 173 – Guiding principle for a Magistrate while exercising powers u/s. 170 Cr.P.C. AIR 2021 SC 4154
Code of Criminal Procedure, 1973 – Ss. 451, 452 & 457 – Prevention of Cow Slaughter Act, 1955 (Uttar Pradesh) – S. 5A – Regulation on transport of cow – Prevention of Cow Slaughter Act, a special act and local law – Powers u/s 451, 452 & 457 of CrPC not invocable in respect of proceedings under the Act.
Code of Criminal Procedure, 1973 – Section 482 – Issuing oral directions (presumably to the APP) restraining arrest, does not form a part of the judicial record and must be eschewed. AIR 2021 SC 4109 : 2021 (10) SCALE 20
Code of Criminal Procedure, 1973 – Section 319 – Power to proceed against other persons appearing to be guilty of offence – Scope and ambit of the powers of the Court under Section 319 CrPC – Summarized. 2021 (9) SCALE 667
Code of Criminal Procedure, 1973 – Section 170 of the Cr.P.C. does not impose an obligation on the Officer-in-charge to arrest each and every accused at the time of filing of the chargesheet. 2021 (9) SCALE 598