THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
NO. 46 OF 2023
[25th December, 2023.]
An Act to consolidate and amend the law relating to Criminal Procedure.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
Table of contents
Chapter II CONSTITUTION OF CRIMINAL COURTS AND OFFICES
Sections 6–20- Section 6. Classes of Criminal Courts.
- Section 7. Territorial divisions.
- Section 8. Court of Session.
- Section 9. Courts of Judicial Magistrates.
- Section 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
- Section 11. Special Judicial Magistrates.
- Section 12. Local Jurisdiction of Judicial Magistrates.
- Section 13. Subordination of Judicial Magistrates.
- Section 14. Executive Magistrates.
- Section 15. Special Executive Magistrates.
- Section 16. Local Jurisdiction of Executive Magistrates.
- Section 17. Subordination of Executive Magistrates.
- Section 18. Public Prosecutors.
- Section 19. Assistant Public Prosecutors.
- Section 20. Directorate of Prosecution.
Chapter III POWER OF COURTS
Sections 21–29- Section 21. Courts by which offences are triable.
- Section 22. Sentences which High Courts and Sessions Judges may pass.
- Section 23. Sentences which Magistrates may pass.
- Section 24. Sentence of imprisonment in default of fine.
- Section 25. Sentence in cases of conviction of several offences at one trial.
- Section 26. Mode of conferring powers.
- Section 27. Powers of officers appointed.
- Section 28. Withdrawal of powers.
- Section 29. Powers of Judges and Magistrates exercisable by their successors-in-office.
Chapter IV POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE
Sections 30–34- Section 30. Powers of superior officers of police.
- Section 31. Public when to assist Magistrates and police.
- Section 32. Aid to person, other than police officer, executing warrant.
- Section 33. Public to give information of certain offences.
- Section 34. Duty of officers employed in connection with affairs of a village to make certain report.
Chapter V ARREST OF PERSONS
Sections 35–62- Section 35. When police may arrest without warrant.
- Section 36. Procedure of arrest and duties of officer making arrest.
- Section 37. Designated police officer.
- Section 38. Right of arrested person to meet an advocate of his choice during interrogation.
- Section 39. Arrest on refusal to give name and residence.
- Section 40. Arrest by private person and procedure on such arrest.
- Section 41. Arrest by Magistrate.
- Section 42. Protection of members of Armed Forces from arrest.
- Section 43. Arrest how made.
- Section 44. Search of place entered by person sought to be arrested.
- Section 45. Pursuit of offenders into other jurisdictions.
- Section 46. No unnecessary restraint.
- Section 47. Person arrested to be informed of grounds of arrest and of right to bail.
- Section 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.
- Section 49. Search of arrested person.
- Section 50. Power to seize offensive weapons.
- Section 51. Examination of accused by medical practitioner at request of police officer.
- Section 52. Examination of person accused of rape by medical practitioner.
- Section 53. Examination of arrested person by medical officer.
- Section 54. Identification of person arrested.
- Section 55. Procedure when police officer deputes subordinate to arrest without warrant.
- Section 56. Health and safety of arrested person.
- Section 57. Person arrested to be taken before Magistrate or officer in charge of police station.
- Section 58. Person arrested not to be detained more than twenty-four hours.
- Section 59. Police to report apprehensions.
- Section 60. Discharge of person apprehended.
- Section 61. Power, on escape, to pursue and retake.
- Section 62. Arrest to be made strictly according to Sanhita.
Chapter VI PROCESSES TO COMPEL APPEARANCE
Sections 63–93A.—Summons
- Section 63. Form of summons.
- Section 64. Summons how served.
- Section 65. Service of summons on corporate bodies, firms, and societies.
- Section 66. Service when persons summoned cannot be found.
- Section 67. Procedure when service cannot be effected as before provided.
- Section 68. Service on Government servant.
- Section 69. Service of summons outside local limits.
- Section 70. Proof of service in such cases and when serving officer not present.
- Section 71. Service of summons on witness.
B.—Warrant of arrest
- Section 72. Form of warrant of arrest and duration.
- Section 73. Power to direct security to be taken.
- Section 74. Warrants to whom directed.
- Section 75. Warrant may be directed to any person.
- Section 76. Warrant directed to police officer.
- Section 77. Notification of substance of warrant.
- Section 78. Person arrested to be brought before Court without delay.
- Section 79. Where warrant may be executed.
- Section 80. Warrant forwarded for execution outside jurisdiction.
- Section 81. Warrant directed to police officer for execution outside jurisdiction.
- Section 82. Procedure on arrest of person against whom warrant issued.
- Section 83. Procedure by Magistrate before whom such person arrested is brought.
C.—Proclamation and attachment
- Section 84. Proclamation for person absconding.
- Section 85. Attachment of property of person absconding.
- Section 86. Identification and attachment of property of proclaimed person.
- Section 87. Claims and objections to attachment.
- Section 88. Release, sale and restoration of attached property.
- Section 89. Appeal from order rejecting application for restoration of attached property.
D.—Other rules regarding processes
Chapter VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
Sections 94–110B.—Search-warrants
- Section 96. When search-warrant may be issued.
- Section 97. Search of place suspected to contain stolen property, forged documents, etc.
- Section 98. Power to declare certain publications forfeited and to issue search-warrants for same.
- Section 99. Application to High Court to set aside declaration of forfeiture.
- Section 100. Search for persons wrongfully confined.
- Section 101. Power to compel restoration of abducted females.
D.—Miscellaneous
- Section 105. Recording of search and seizure through audio-video electronic means.
- Section 106. Power of police officer to seize certain property.
- Section 107. Attachment, forfeiture or restoration of property.
- Section 108. Magistrate may direct search in his presence.
- Section 109. Power to impound document, etc., produced.
- Section 110. Reciprocal arrangements regarding processes.
Chapter VIII RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
Sections 111–124- Section 111. Definitions.
- Section 112. Letter of request to competent authority for investigation in a country or place outside India.
- Section 113. Letter of request from a country or place outside India to a Court or an authority for investigation in India.
- Section 114. Assistance in securing transfer of persons.
- Section 115. Assistance in relation to orders of attachment or forfeiture of property.
- Section 116. Identifying unlawfully acquired property.
- Section 117. Seizure or attachment of property.
- Section 118. Management of properties seized or forfeited under this Chapter.
- Section 119. Notice of forfeiture of property.
- Section 120. Forfeiture of property in certain cases.
- Section 121. Fine in lieu of forfeiture.
- Section 122. Certain transfers to be null and void.
- Section 123. Procedure in respect of letter of request.
- Section 124. Application of this Chapter.
Chapter IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
Sections 125–143- Section 125. Security for keeping peace on conviction.
- Section 126. Security for keeping peace in other cases.
- Section 127. Security for good behaviour from persons disseminating certain matters.
- Section 128. Security for good behaviour from suspected persons.
- Section 129. Security for good behaviour from habitual offenders.
- Section 130. Order to be made.
- Section 131. Procedure in respect of person present in Court.
- Section 132. Summons or warrant in case of person not so present.
- Section 133. Copy of order to accompany summons or warrant.
- Section 134. Power to dispense with personal attendance.
- Section 135. Inquiry as to truth of information.
- Section 136. Order to give security.
- Section 137. Discharge of person informed against.
- Section 138. Commencement of period for which security is required.
- Section 139. Contents of bond.
- Section 140. Power to reject sureties.
- Section 141. Imprisonment in default of security.
- Section 142. Power to release persons imprisoned for failing to give security.
- Section 143. Security for unexpired period of bond.
Chapter XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
Sections 148–167B.—Public nuisances
- Section 152. Conditional order for removal of nuisance.
- Section 153. Service or notification of order.
- Section 154. Person to whom order is addressed to obey or show cause.
- Section 155. Penalty for failure to comply with section 154.
- Section 156. Procedure where existence of public right is denied.
- Section 157. Procedure where person against whom order is made under section 152 appears to show cause.
- Section 158. Power of Magistrate to direct local investigation and examination of an expert.
- Section 159. Power of Magistrate to furnish written instructions, etc.
- Section 160. Procedure on order being made absolute and consequences of disobedience.
- Section 161. Injunction pending inquiry.
- Section 162. Magistrate may prohibit repetition or continuance of public nuisance.
C.—Urgent cases of nuisance or apprehended danger
Chapter XII PREVENTIVE ACTION OF THE POLICE
Sections 168–172- Section 168. Police to prevent cognizable offences.
- Section 169. Information of design to commit cognizable offences.
- Section 170. Arrest to prevent commission of cognizable offences.
- Section 171. Prevention of injury to public property.
- Section 172. Persons bound to conform to lawful directions of police.
Chapter XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Sections 173–196- Section 173. Information in cognizable cases.
- Section 174. Information as to non-cognizable cases and investigation of such cases.
- Section 175. Police officer's power to investigate cognizable case.
- Section 176. Procedure for investigation.
- Section 177. Report how submitted.
- Section 178. Power to hold investigation or preliminary inquiry.
- Section 179. Police officer's power to require attendance of witnesses.
- Section 180. Examination of witnesses by police.
- Section 181. Statements to police and use thereof.
- Section 182. No inducement to be offered.
- Section 183. Recording of confessions and statements.
- Section 184. Medical examination of victim of rape.
- Section 185. Search by police officer.
- Section 186. When officer in charge of police station may require another to issue search-warrant.
- Section 187. Procedure when investigation cannot be completed in twenty-four hours.
- Section 188. Report of investigation by subordinate police officer.
- Section 189. Release of accused when evidence deficient.
- Section 190. Cases to be sent to Magistrate, when evidence is sufficient.
- Section 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.
- Section 192. Diary of proceedings in investigation.
- Section 193. Report of police officer on completion of investigation.
- Section 194. Police to enquire and report on suicide, etc.
- Section 195. Power to summon persons.
- Section 196. Inquiry by Magistrate into cause of death.
Chapter XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
Sections 197–209- Section 197. Ordinary place of inquiry and trial.
- Section 198. Place of inquiry or trial.
- Section 199. Offence triable where act is done or consequence ensues.
- Section 200. Place of trial where act is an offence by reason of relation to other offence.
- Section 201. Place of trial in case of certain offences.
- Section 202. Offences committed by means of electronic communications, letters, etc.
- Section 203. Offence committed on journey or voyage.
- Section 204. Place of trial for offences triable together.
- Section 205. Power to order cases to be tried in different sessions divisions.
- Section 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
- Section 207. Power to issue summons or warrant for offence committed beyond local jurisdiction.
- Section 208. Offence committed outside India.
- Section 209. Receipt of evidence relating to offences committed outside India.
Chapter XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
Sections 210–222- Section 210. Cognizance of offences by Magistrate.
- Section 211. Transfer on application of accused.
- Section 212. Making over of cases to Magistrates.
- Section 213. Cognizance of offences by Court of Session.
- Section 214. Additional Sessions Judges to try cases made over to them.
- Section 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
- Section 216. Procedure for witnesses in case of threatening, etc.
- Section 217. Prosecution for offences against State and for criminal conspiracy to commit such offence.
- Section 218. Prosecution of Judges and public servants.
- Section 219. Prosecution for offences against marriage.
- Section 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.
- Section 221. Cognizance of offence.
- Section 222. Prosecution for defamation.
Chapter XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
Sections 227–233- Section 227. Issue of process.
- Section 228. Magistrate may dispense with personal attendance of accused.
- Section 229. Special summons in cases of petty offence.
- Section 230. Supply to accused of copy of police report and other documents.
- Section 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.
- Section 232. Commitment of case to Court of Session when offence is triable exclusively by it.
- Section 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence.
Chapter XVIII THE CHARGE
Sections 234–247A.—Form of charges
- Section 234. Contents of charge.
- Section 235. Particulars as to time, place and person.
- Section 236. When manner of committing offence must be stated.
- Section 237. Words in charge taken in sense of law under which offence is punishable.
- Section 238. Effect of errors.
- Section 239. Court may alter charge.
- Section 240. Recall of witnesses when charge altered.
B.—Joinder of charges
- Section 241. Separate charges for distinct offences.
- Section 242. Offences of same kind within year may be charged together.
- Section 243. Trial for more than one offence.
- Section 244. Where it is doubtful what offence has been committed.
- Section 245. When offence proved included in offence charged.
- Section 246. What persons may be charged jointly.
- Section 247. Withdrawal of remaining charges on conviction on one of several charges.
Chapter XIX TRIAL BEFORE A COURT OF SESSION
Sections 248–260- Section 248. Trial to be conducted by Public Prosecutor.
- Section 249. Opening case for prosecution.
- Section 250. Discharge.
- Section 251. Framing of charge.
- Section 252. Conviction on plea of guilty.
- Section 253. Date for prosecution evidence.
- Section 254. Evidence for prosecution.
- Section 255. Acquittal.
- Section 256. Entering upon defence.
- Section 257. Arguments.
- Section 258. Judgment of acquittal or conviction.
- Section 259. Previous conviction.
- Section 260. Procedure in cases instituted under sub-section (2) of section 222.
Chapter XX TRIAL OF WARRANT-CASES BY MAGISTRATES
Sections 261–273B.—Cases instituted otherwise than on police report
Chapter XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES
Sections 274–282- Section 274. Substance of accusation to be stated.
- Section 275. Conviction on plea of guilty.
- Section 276. Conviction on plea of guilty in absence of accused in petty cases.
- Section 277. Procedure when not convicted.
- Section 278. Acquittal or conviction.
- Section 279. Non-appearance or death of complainant.
- Section 280. Withdrawal of complaint.
- Section 281. Power to stop proceedings in certain cases.
- Section 282. Power of Court to convert summons-cases into warrant-cases.
Chapter XXII SUMMARY TRIALS
Sections 283–288Chapter XXIII PLEA BARGAINING
Sections 289–300- Section 289. Application of Chapter.
- Section 290. Application for plea bargaining.
- Section 291. Guidelines for mutually satisfactory disposition.
- Section 292. Report of mutually satisfactory disposition to be submitted before Court.
- Section 293. Disposal of case.
- Section 294. Judgment of Court.
- Section 295. Finality of judgment.
- Section 296. Power of Court in plea bargaining.
- Section 297. Period of detention undergone by accused to be set off against sentence of imprisonment.
- Section 298. Savings.
- Section 299. Statements of accused not to be used.
- Section 300. Non-application of Chapter.
Chapter XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Sections 301–306- Section 301. Definitions.
- Section 302. Power to require attendance of prisoners.
- Section 303. Power of State Government or Central Government to exclude certain persons from operation of section 302.
- Section 304. Officer in charge of prison to abstain from carrying out order in certain contingencies.
- Section 305. Prisoner to be brought to Court in custody.
- Section 306. Power to issue commission for examination of witness in prison.
Chapter XXV EVIDENCE IN INQUIRIES AND TRIALS
Sections 307–336A.—Mode of taking and recording evidence
- Section 307. Language of Courts.
- Section 308. Evidence to be taken in presence of accused.
- Section 309. Record in summons-cases and inquiries.
- Section 310. Record in warrant-cases.
- Section 311. Record in trial before Court of Session.
- Section 312. Language of record of evidence.
- Section 313. Procedure in regard to such evidence when completed.
- Section 314. Interpretation of evidence to accused or his advocate.
- Section 315. Remarks respecting demeanour of witness.
- Section 316. Record of examination of accused.
- Section 317. Interpreter to be bound to interpret truthfully.
- Section 318. Record in High Court.
B.—Commissions for the examination of witnesses
- Section 319. When attendance of witness may be dispensed with and commission issued.
- Section 320. Commission to whom to be issued.
- Section 321. Execution of commissions.
- Section 322. Parties may examine witnesses.
- Section 323. Return of commission.
- Section 324. Adjournment of proceeding.
- Section 325. Execution of foreign commissions.
- Section 326. Deposition of medical witness.
- Section 327. Identification report of Magistrate.
- Section 328. Evidence of officers of Mint.
- Section 329. Reports of certain Government scientific experts.
- Section 330. No formal proof of certain documents.
- Section 331. Affidavit in proof of conduct of public servants.
- Section 332. Evidence of formal character on affidavit.
- Section 333. Authorities before whom affidavits may be sworn.
- Section 334. Previous conviction or acquittal how proved.
- Section 335. Record of evidence in absence of accused.
- Section 336. Evidence of public servants, experts, police officers in certain cases.
Chapter XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Sections 337–366- Section 337. Person once convicted or acquitted not to be tried for same offence.
- Section 338. Appearance by Public Prosecutors.
- Section 339. Permission to conduct prosecution.
- Section 340. Right of person against whom proceedings are instituted to be defended.
- Section 341. Legal aid to accused at State expense in certain cases.
- Section 342. Procedure when corporation or registered society is an accused.
- Section 343. Tender of pardon to accomplice.
- Section 344. Power to direct tender of pardon.
- Section 345. Trial of person not complying with conditions of pardon.
- Section 346. Power to postpone or adjourn proceedings.
- Section 347. Local inspection.
- Section 348. Power to summon material witness, or examine person present.
- Section 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.
- Section 350. Expenses of complainants and witnesses.
- Section 351. Power to examine accused.
- Section 352. Oral arguments and memorandum of arguments.
- Section 353. Accused person to be competent witness.
- Section 354. No influence to be used to induce disclosure.
- Section 355. Provision for inquiries and trial being held in absence of accused in certain cases.
- Section 356. Inquiry, trial or judgment in absentia of proclaimed offender.
- Section 357. Procedure where accused does not understand proceedings.
- Section 358. Power to proceed against other persons appearing to be guilty of offence.
- Section 359. Compounding of offences.
- Section 360. Withdrawal from prosecution.
- Section 361. Procedure in cases which Magistrate cannot dispose of.
- Section 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.
- Section 363. Trial of persons previously convicted of offences against coinage, stamp-law or property.
- Section 364. Procedure when Magistrate cannot pass sentence sufficiently severe.
- Section 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
- Section 366. Court to be open.
Chapter XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Sections 367–378- Section 367. Procedure in case of accused being person of unsound mind.
- Section 368. Procedure in case of person of unsound mind tried before Court.
- Section 369. Release of person of unsound mind pending investigation or trial.
- Section 370. Resumption of inquiry or trial.
- Section 371. Procedure on accused appearing before Magistrate or Court.
- Section 372. When accused appears to have been of sound mind.
- Section 373. Judgment of acquittal on ground of unsoundness of mind.
- Section 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.
- Section 375. Power of State Government to empower officer in charge to discharge.
- Section 376. Procedure where prisoner of unsound mind is reported capable of making his defence.
- Section 377. Procedure where person of unsound mind detained is declared fit to be released.
- Section 378. Delivery of person of unsound mind to care of relative or friend.
Chapter XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Sections 379–391- Section 379. Procedure in cases mentioned in section 215.
- Section 380. Appeal.
- Section 381. Power to order costs.
- Section 382. Procedure of Magistrate taking cognizance.
- Section 383. Summary procedure for trial for giving false evidence.
- Section 384. Procedure in certain cases of contempt.
- Section 385. Procedure where Court considers that case should not be dealt with under section 384.
- Section 386. When Registrar or Sub-Registrar to be deemed a Civil Court.
- Section 387. Discharge of offender on submission of apology.
- Section 388. Imprisonment or committal of person refusing to answer or produce document.
- Section 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons.
- Section 390. Appeals from convictions under sections 383, 384, 388 and 389.
- Section 391. Certain Judges and Magistrates not to try certain offences when committed before themselves.
Chapter XXIX THE JUDGMENT
Sections 392–406- Section 392. Judgment.
- Section 393. Language and contents of judgment.
- Section 394. Order for notifying address of previously convicted offender.
- Section 395. Order to pay compensation.
- Section 396. Victim compensation scheme.
- Section 397. Treatment of victims.
- Section 398. Witness protection scheme.
- Section 399. Compensation to persons groundlessly arrested.
- Section 400. Order to pay costs in non-cognizable cases.
- Section 401. Order to release on probation of good conduct or after admonition.
- Section 402. Special reasons to be recorded in certain cases.
- Section 403. Court not to alter judgment.
- Section 404. Copy of judgment to be given to accused and other persons.
- Section 405. Judgment when to be translated.
- Section 406. Court of Session to send copy of finding and sentence to District Magistrate.
Chapter XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
Sections 407–412- Section 407. Sentence of death to be submitted by Court of Session for confirmation.
- Section 408. Power to direct further inquiry to be made or additional evidence to be taken.
- Section 409. Power of High Court to confirm sentence or annul conviction.
- Section 410. Confirmation or new sentence to be signed by two Judges.
- Section 411. Procedure in case of difference of opinion.
- Section 412. Procedure in cases submitted to High Court for confirmation.
Chapter XXXI APPEALS
Sections 413–435- Section 413. No appeal to lie unless otherwise provided.
- Section 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
- Section 415. Appeals from convictions.
- Section 416. No appeal in certain cases when accused pleads guilty.
- Section 417. No appeal in petty cases.
- Section 418. Appeal by State Government against sentence.
- Section 419. Appeal in case of acquittal.
- Section 420. Appeal against conviction by High Court in certain cases.
- Section 421. Special right of appeal in certain cases.
- Section 422. Appeal to Court of Session how heard.
- Section 423. Petition of appeal.
- Section 424. Procedure when appellant in jail.
- Section 425. Summary dismissal of appeal.
- Section 426. Procedure for hearing appeals not dismissed summarily.
- Section 427. Powers of Appellate Court.
- Section 428. Judgments of subordinate Appellate Court.
- Section 429. Order of High Court on appeal to be certified to lower Court.
- Section 430. Suspension of sentence pending appeal; release of appellant on bail.
- Section 431. Arrest of accused in appeal from acquittal.
- Section 432. Appellate Court may take further evidence or direct it to be taken.
- Section 433. Procedure where Judges of Court of appeal are equally divided.
- Section 434. Finality of judgments and orders on appeal.
- Section 435. Abatement of appeals.
Chapter XXXII REFERENCE AND REVISION
Sections 436–445- Section 436. Reference to High Court.
- Section 437. Disposal of case according to decision of High Court.
- Section 438. Calling for records to exercise powers of revision.
- Section 439. Power to order inquiry.
- Section 440. Sessions Judge's powers of revision.
- Section 441. Power of Additional Sessions Judge.
- Section 442. High Court's powers of revision.
- Section 443. Power of High Court to withdraw or transfer revision cases.
- Section 444. Option of Court to hear parties.
- Section 445. High Court's order to be certified to lower Court.
Chapter XXXIII TRANSFER OF CRIMINAL CASES
Sections 446–452- Section 446. Power of Supreme Court to transfer cases and appeals.
- Section 447. Power of High Court to transfer cases and appeals.
- Section 448. Power of Sessions Judge to transfer cases and appeals.
- Section 449. Withdrawal of cases and appeals by Sessions Judges.
- Section 450. Withdrawal of cases by Judicial Magistrates.
- Section 451. Making over or withdrawal of cases by Executive Magistrates.
- Section 452. Reasons to be recorded.
Chapter XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
Sections 453–477D.—General provisions regarding execution
- Section 465. Who may issue warrant.
- Section 466. Sentence on escaped convict when to take effect.
- Section 467. Sentence on offender already sentenced for another offence.
- Section 468. Period of detention undergone by accused to be set off against sentence of imprisonment.
- Section 469. Saving.
- Section 470. Return of warrant on execution of sentence.
- Section 471. Money ordered to be paid recoverable as a fine.
E.—Suspension, remission and commutation of sentences
- Section 472. Mercy petition in death sentence cases.
- Section 473. Power to suspend or remit sentences.
- Section 474. Power to commute sentence.
- Section 475. Restriction on powers of remission or commutation in certain cases.
- Section 476. Concurrent power of Central Government in case of death sentences.
- Section 477. State Government to act after concurrence with Central Government in certain cases.
Chapter XXXV PROVISIONS AS TO BAIL AND BONDS
Sections 478–496- Section 478. In what cases bail to be taken.
- Section 479. Maximum period for which undertrial prisoner can be detained.
- Section 480. When bail may be taken in case of non-bailable offence.
- Section 481. Bail to require accused to appear before next Appellate Court.
- Section 482. Direction for grant of bail to person apprehending arrest.
- Section 483. Special powers of High Court or Court of Session regarding bail.
- Section 484. Amount of bond and reduction thereof.
- Section 485. Bond of accused and sureties.
- Section 486. Declaration by sureties.
- Section 487. Discharge from custody.
- Section 488. Power to order sufficient bail when that first taken is insufficient.
- Section 489. Discharge of sureties.
- Section 490. Deposit instead of recognizance.
- Section 491. Procedure when bond has been forfeited.
- Section 492. Cancellation of bond and bail bond.
- Section 493. Procedure in case of insolvency or death of surety or when a bond is forfeited.
- Section 494. Bond required from child.
- Section 495. Appeal from orders under section 491.
- Section 496. Power to direct levy of amount due on certain recognizances.
Chapter XXXVI DISPOSAL OF PROPERTY
Sections 497–505- Section 497. Order for custody and disposal of property pending trial in certain cases.
- Section 498. Order for disposal of property at conclusion of trial.
- Section 499. Payment to innocent purchaser of money found on accused.
- Section 500. Appeal against orders under section 498 or section 499.
- Section 501. Destruction of libellous and other matter.
- Section 502. Power to restore possession of immovable property.
- Section 503. Procedure by police upon seizure of property.
- Section 504. Procedure where no claimant appears within six months.
- Section 505. Power to sell perishable property.
Chapter XXXVII IRREGULAR PROCEEDINGS
Sections 506–512- Section 506. Irregularities which do not vitiate proceedings.
- Section 507. Irregularities which vitiate proceedings.
- Section 508. Proceedings in wrong place.
- Section 509. Non-compliance with provisions of section 183 or section 316.
- Section 510. Effect of omission to frame, or absence of, or error in, charge.
- Section 511. Finding or sentence when reversible by reason of error, omission or irregularity.
- Section 512. Defect or error not to make attachment unlawful.
Chapter XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Sections 513–519- Section 513. Definitions.
- Section 514. Bar to taking cognizance after lapse of period of limitation.
- Section 515. Commencement of period of limitation.
- Section 516. Exclusion of time in certain cases.
- Section 517. Exclusion of date on which Court is closed.
- Section 518. Continuing offence.
- Section 519. Extension of period of limitation in certain cases.
Chapter XXXIX MISCELLANEOUS
Sections 520–531- Section 520. Trials before High Courts.
- Section 521. Delivery to commanding officers of persons liable to be tried by Court-martial.
- Section 522. Forms.
- Section 523. Power of High Court to make rules.
- Section 524. Power to alter functions allocated to Executive Magistrate in certain cases.
- Section 525. Cases in which Judge or Magistrate is personally interested.
- Section 526. Practising advocate not to sit as Magistrate in certain Courts.
- Section 527. Public servant concerned in sale not to purchase or bid for property.
- Section 528. Saving of inherent powers of High Court.
- Section 529. Duty of High Court to exercise continuous superintendence over Courts.
- Section 530. Trial and proceedings to be held in electronic mode.
- Section 531. Repeal and savings.
SCHEDULES
Schedule II FORMS
Gazette pp. 190–249- Form No. 1. Notice for Appearance by the Police
- Form No. 2. Summons to an Accused Person
- Form No. 3. Warrant of Arrest
- Form No. 4. Bond and Bail-bond After Arrest Under a Warrant
- Form No. 5. Proclamation Requiring the Appearance of a Person Accused
- Form No. 6. Proclamation Requiring the Attendance of a Witness
- Form No. 7. Order of Attachment to Compel the Attendance of a Witness
- Form No. 8. Order of Attachment to Compel the Appearance of a Person Accused
- Form No. 9. Order Authorising an Attachment by the District Magistrate or Collector
- Form No. 10. Warrant in the First Instance to Bring Up a Witness
- Form No. 11. Warrant to Search After Information of a Particular Offence
- Form No. 12. Warrant to Search Suspected Place of Deposit
- Form No. 13. Bond to Keep the Peace
- Form No. 14. Bond for Good Behaviour
- Form No. 15. Summons on Information of a Probable Breach of the Peace
- Form No. 16. Warrant of Commitment on Failure to Find Security to Keep the Peace
- Form No. 17. Warrant of Commitment on Failure to Find Security for Good Behaviour
- Form No. 18. Warrant to Discharge a Person Imprisoned on Failure to Give Security
- Form No. 19. Warrant of Imprisonment on Failure to Pay Maintenance
- Form No. 20. Warrant to Enforce the Payment of Maintenance by Attachment and Sale
- Form No. 21. Order for the Removal of Nuisances
- Form No. 22. Magistrate's Notice and Peremptory Order
- Form No. 23. Injunction to Provide against Imminent Danger Pending Inquiry
- Form No. 24. Magistrate's Order Prohibiting the Repetition, Etc., of a Nuisance
- Form No. 25. Magistrate's Order to Prevent Obstruction, Riot, Etc.
- Form No. 26. Magistrate's Order Declaring Party Entitled to Retain Possession of Land, Etc., in Dispute
- Form No. 27. Warrant of Attachment in the Case of a Dispute As to the Possession of Land, Etc.
- Form No. 28. Magistrate's Order Prohibiting the Doing of Anything on Land or Water
- Form No. 29. Bond and Bail-bond on a Preliminary Inquiry Before a Police Officer
- Form No. 30. Bond to Prosecute or Give Evidence
- Form No. 31. Special Summons to a Person Accused of a Petty Offence
- Form No. 32. Notice of Commitment by Magistrate to Public Prosecutor
- Form No. 33. Charges
- Form No. 34. Summons to Witness
- Form No. 35. Warrant of Commitment on a Sentence of Imprisonment or Fine If Passed by a Court
- Form No. 36. Warrant of Imprisonment on Failure to Pay Compensation
- Form No. 37. Order Requiring Production in Court of Person in Prison for Answering to Charge of Offence
- Form No. 38. Order Requiring Production in Court of Person in Prison for Giving Evidence
- Form No. 39. Warrant of Commitment in Certain Cases of Contempt When a Fine Is Imposed
- Form No. 40. Magistrate's or Judge's Warrant of Commitment of Witness Refusing to Answer or to Produce Document
- Form No. 41. Warrant of Commitment Under Sentence of Death
- Form No. 42. Warrant After a Commutation of a Sentence
- Form No. 43. Warrant of Execution of a Sentence of Death
- Form No. 44. Warrant to Levy a Fine by Attachment and Sale
- Form No. 45. Warrant for Recovery of Fine
- Form No. 46. Bond for Appearance of Offender Released Pending Realisation of Fine
- Form No. 47. Bond and Bail-bond for Attendance Before Officer in Charge of Police Station or Court
- Form No. 48. Warrant to Discharge a Person Imprisoned on Failure to Give Security
- Form No. 49. Warrant of Attachment to Enforce a Bond
- Form No. 50. Notice to Surety on Breach of a Bond
- Form No. 51. Notice to Surety of Forfeiture of Bond for Good Behaviour
- Form No. 52. Warrant of Attachment against a Surety
- Form No. 53. Warrant of Commitment of the Surety of an Accused Person Admitted to Bail
- Form No. 54. Notice to the Principal of Forfeiture of Bond to Keep the Peace
- Form No. 55. Warrant to Attach the Property of the Principal on Breach of a Bond to Keep the Peace
- Form No. 56. Warrant of Imprisonment on Breach of a Bond to Keep the Peace
- Form No. 57. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour
- Form No. 58. Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour
DIWAKAR SINGH, Joint Secretary & Legislative Counsel to the Govt. of India.