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Bharatiya Nagarik Suraksha Sanhita, 2023 Act No. 46 of 2023

Schedule II THE SECOND SCHEDULE — FORMS

Gazette pp. 190–249

Form No. 1. Notice for Appearance by the Police

[See section 35(3)] · Gazette p. 190

Serial No……. Police Station………

To,

.................................

[Name of the Accused/Noticee]

.................................

[Last known Address]

.................................

[Phone No./Email ID (if any)]

In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha

Sanhita, 2023, I hereby inform you that during the investigation of FIR/

Case No ………………….. dated …………… u/s ………………………………… registered at

Police Station ……………………………………………..., it is revealed that there are reasonable

grounds to question you to ascertain facts and circumstances from you, in relation to the

present investigation. Hence you are directed to appear before me at ………..........…… AM/

PM on……………………... at

Police Station.

Name and Designation of the Officer In charge

(Seal)

Form No. 2. Summons to an Accused Person

(See section 63) · Gazette p. 191

To..............................................(name of accused) of ..............................................(address)

WHEREAS your attendance is necessary to answer to a charge of..........................................

..............................................(state shortly the offence charged), you are hereby required to

appear in person (or by an advocate, before the (Magistrate) of..............................................,

on the..............................................day............................................... Herein fail not.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 3. Warrant of Arrest

(See section 72) · Gazette p. 192

To .............................................. (name and designation of the person or persons who is or

are to execute the warrant).

WHEREAS (name of accused) of (address) stands charged with the offence of

...................................................... (state the offence), you are hereby directed to arrest the said

......................................................, and to produce him before me. Herein fail not.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

(See section 73)

This warrant may be endorsed as follows:—

If the said.............................................................. shall give bail himself in the sum of

rupees.............................................. with one surety in the sum of rupees..............................................

(or two sureties each in the sum of rupees.............................................. ) to attend before me on

the.............................................. day of.............................................. and to continue so to attend

until otherwise directed by me, he may be released.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

Form No. 4. Bond and Bail-bond After Arrest Under a Warrant

(See section 83) · Gazette p. 193

I, ............................................................(name), of..........................................................., being

brought before the District Magistrate of...........................................................(or as the case

may be) under a warrant issued to compel my appearance to answer to the charge

of..........................................................., do hereby bind myself to attend in the Court

of.................................................................on the..................................day of

...........................................................next, to answer to the said charge, and to continue so to

attend until otherwise directed by the Court; and, in case of my making default herein, I bind

myself to forfeit, to Government, the sum of rupees................................................. .

Dated, this.............................................. day of.............................................. , 20 ............... .

(Signature)

I do hereby declare myself surety for the above-named..............................................

of.......................................................... that he shall attend before in the Court of

on the.............................................. day of.............................................. next, to answer to the

charge on which he has been arrested, and shall continue so to attend until otherwise

directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to

Government, the sum of rupees............................................................. .

Dated, this.............................................. day of.............................................. , 20 ............. .

(Signature)

Form No. 5. Proclamation Requiring the Appearance of a Person Accused

(See section 84) · Gazette p. 194

WHEREAS a complaint has been made before me that................................................... (name,

description and address) has committed (or is suspected to have committed) the offence of

.............................................. , punishable under section..............................................

of the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon

issued that the said.............................................. (name) cannot be found, and whereas it has

been shown to my satisfaction that the said.............................................. (name) has absconded

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

Proclamation is hereby made that the said..............................................

of.............................................. is required to appear at.............................................. (place) before

this Court (or before me) to answer the said complaint on the.............................................. day

of..............................................

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

Form No. 6. Proclamation Requiring the Attendance of a Witness

(See sections 84, 90 and 93) · Gazette p. 195

WHEREAS complaint has been made before me that..............................................(name,

description and address) has committed (or is suspected to have committed) the offence of

..............................................(mention the offence concisely) and a warrant has been

issued to compel the attendance of..............................................(name, description and

address of the witness) before this Court to be examined touching the

matter of the said complaint; and whereas it has been returned to the said warrant that the

said..............................................(name of witness) cannot be served, and it has been shown to

my satisfaction that he has absconded (or is concealing himself to avoid the service of the

said warrant);

Proclamation is hereby made that the said..............................................(name) is required

to appear at..............................................(place) before the Court..............................................on

the........................................day of.........................................next at..............................................o'clock

to be examined touching..............................................the offence complained of.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

Form No. 7. Order of Attachment to Compel the Attendance of a Witness

(See section 85) · Gazette p. 196

To the officer in charge of the police station at..............................................

WHEREAS a warrant has been duly issued to compel the attendance

of..............................................(name, description and address) to testify concerning a complaint

pending before this Court, and it has been returned to the said warrant that it cannot be

served; and whereas it has been shown to my satisfaction that he has absconded (or is

concealing himself to avoid the service of the said warrant); and thereupon a Proclamation

has been or is being duly issued and published requiring the said..............................................to

appear and give evidence at the time and place mentioned therein;

This is to authorise and require you to attach by seizure the movable property belonging

to the said..............................................to the value of rupees..............................................which

you may find within the District..............................................of..............................................and

to hold the said property under attachment pending the further order of this Court, and to

return this warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

Form No. 8. Order of Attachment to Compel the Appearance of a Person Accused

(See section 85) · Gazette p. 197

To..............................................(name and designation of the person or persons who is or are

to execute the warrant).

WHEREAS complaint has been made before me that..............................................(name,

description and address) has committed (or is suspected to have committed) the

offence of..............................................punishable under section..............................................of

the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon

issued that the said..............................................(name) cannot be found; and whereas it has

been shown to my satisfaction that the said..............................................(name) has absconded

(or is concealing himself to avoid the service of the said warrant) and thereupon a

Proclamation has been or is being duly issued and published requiring the

said..............................................to appear to answer the said charge

within..............................................days; and whereas the said..............................................is

possessed of the following property, other than land paying revenue to Government, in the

village (or town), of.............................................., in the District of ..............................................,

viz.,.............................................., and an order has been made for the attachment thereof;

You are hereby required to attach the said property in the manner specified in

clause (a), or clause (c), or both*, of sub-section (3) of section 85, and to hold the same under

attachment pending further order of this Court, and to return this warrant with an endorsement

certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

*Strike out the one which is not applicable, depending on the nature of the property to be attached.

Form No. 9. Order Authorising an Attachment by the District Magistrate or Collector

(See section 85) · Gazette p. 198

To the District Magistrate/Collector of the District of..............................................

WHEREAS complaint has been made before me that..............................................

(name, description and address) has committed (or is suspected to have committed) the

offence of .............................................., punishable under section..............................................of

the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon

issued that the said..............................................(name) cannot be found; and whereas it has

been shown to my satisfaction that the said..............................................(name) has absconded

(or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation

has been or is being duly issued and published requiring the said .......................................

(name) to appear to answer the said charge within.........................................days; and whereas

the said..............................................is possessed of certain land paying revenue to Government

in the village (or town) of.............................................., in the District of..............................................;

You are hereby authorised and requested to cause the said land to be attached, in the

manner specified in clause (a), or clause (c), or both*, of sub-section (4) of section 85, and to

be held under attachment pending the further order of this Court, and to certify without delay

what you may have done in pursuance of this order.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

*Strike out the one which is not desired.

Form No. 10. Warrant in the First Instance to Bring Up a Witness

(See section 90) · Gazette p. 199

To..............................................(name and designation of the police officer or other person or

persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that..............................................(name

and description of accused) of..............................................(address) has (or is suspected to

have) committed the offence of ..............................................(mention the offence concisely),

and it appears likely that..............................................(name and description of witness) can

give evidence concerning the said complaint, and whereas I have good and sufficient reason

to believe that he will not attend as a witness on the hearing of the said complaint unless

compelled to do so;

This is to authorise and require you to arrest the said..............................................(name

of witness), and on the..............................................day of..............................................to bring

him before this Court.............................................., to be examined touching the offence

complained of.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

Form No. 11. Warrant to Search After Information of a Particular Offence

(See section 96) · Gazette p. 200

To..............................................(name and designation of the police officer or other person or

persons who is or are to execute the warrant).

WHEREAS information has been laid..............................................(or complaint has been

made) before me of the commission..............................................(or suspected commission) of

the offence of..............................................(mention the offence concisely), and it has been

made to appear to me that the production of ..............................................(specify the thing

clearly) is essential to the inquiry now being made (or about to be made) into the said

offence (or suspected offence);

This is to authorise and require you to search for the said..............................................(the

thing specified) in the..............................................(describe the house or place or part thereof

to which the search is to be confined), and, if found, to produce the same forthwith before

this Court, returning this warrant, with an endorsement certifying what you have done under

it, immediately upon its execution.

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

Form No. 12. Warrant to Search Suspected Place of Deposit

(See section 97) · Gazette p. 201

To..............................................

(name and designation of the police officer above the rank of a constable).

WHEREAS information has been laid before me, and on due inquiry thereupon had, I

have been led to believe that the..............................................(describe the house or other

place) is used as a place for the deposit (or sale) of stolen property (or if for either of the

other purposes expressed in the section, state the purpose in the words of the section);

This is to authorise and require you to enter the said house (or other place) with such

assistance as shall be required, and to use, if necessary, reasonable force for that purpose,

and to search every part of the said house (or other place, or if the search is to be confined

to a part, specify the part clearly), and to seize and take possession of any property (or

documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add,

when the case requires it) and also of any instruments and materials which you may reasonably

believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false

seals, or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith

to bring before this Court such of the said things as may be taken possession of, returning

this warrant, with an endorsement certifying what you have done under it, immediately upon

its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 13. Bond to Keep the Peace

(See sections 125 and 126) · Gazette p. 202

WHEREAS I,.................................................................(name), inhabitant of

..............................................(place), have been called upon to enter into a bond to keep the

peace for the term of..............................................or until the completion of the inquiry in the

matter of..............................................now pending in the Court of.............................................., I

hereby bind myself not to commit a breach of the peace, or do any act that may probably

occasion a breach of the peace, during the said term or until the completion of the said

inquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government,

the sum of rupees.............................................

Dated, this.............................................. day of.............................................. , 20 ............ .

(Signature)

Form No. 14. Bond for Good Behaviour

(See sections 127, 128 and 129) · Gazette p. 203

WHEREAS I,......................................................................(name), inhabitant

of..............................................(place), have been called upon to enter into a bond to be of

good behaviour to Government and all the citizens of India for the term of

..............................................(state the period) or until the completion of the inquiry in the

matter of .............................................. now pending in the Court of ..............................................,

I hereby bind myself to be of good behaviour to Government and all the citizens of India

during the said term or until the completion of the said inquiry; and, in case of my making

default therein, I hereby bind myself to forfeit to Government the sum of rupees...................

Dated, this.............................................. day of.............................................. , 20 ............... .

(Seal of the Court) (Signature)

(Where a bond with sureties is to be executed, add)

We do hereby declare ourselves sureties for the above-named........................................that

he will be of good behaviour to Government and all the citizens of India during the said term

or until the completion of the said inquiry; and, in case of his making default therein, we bind

ourselves, jointly and severally, to forfeit to Government the sum of rupees................................

.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court)

(Signature)

Form No. 15. Summons on Information of a Probable Breach of the Peace

(See section 132) · Gazette p. 204

To..............................................of..............................................

WHEREAS it has been made to appear to me by credible information that................................

(state the substance of the information), and that you are likely to commit a breach of the

peace (or by which act a breach of the peace will probably be occasioned), you are hereby

required to attend in person (or by a duly authorised agent) at the office of the Magistrate

of..............................................on the ..............................................day of

..............................................20..........., at ten o'clock in the forenoon, to show cause why you

should not be required to enter into a bond for rupees..............................................[when sureties

are required, add, and also to give security by the bond of one (or two, as the case may be)

surety (or sureties) in the sum of rupees..............................................(each if more than one)],

that you will keep the peace for the term of..............................................

Dated, this.............................................. day of.............................................. , 20 ........... .

(Seal of the Court) (Signature)

Form No. 16. Warrant of Commitment on Failure to Find Security to Keep the Peace

(See section 141) · Gazette p. 205

To the Officer in charge of the Jail at..............................................

WHEREAS..............................................(name and address) appeared before me in person

(or by his authorised agent) on the..............................................day of..............................................

in obedience to a summons calling upon him to show cause why he should not enter into a

bond for rupees..............................................with one surety (or a bond with two sureties each

in rupees..............................................), that he, the said..............................................(name) would

keep the peace for the period of months; and whereas an order was then made requiring the

said..............................................(name) to enter into and find such security.........................................

(state the security ordered when it differs from that mentioned in the summons), and he has

failed to comply with the said order;

This is to authorise and require you to receive the said..............................................(name)

into your custody, together with this warrant, and him safely to keep in the said Jail

for the said period of..............................................(term of imprisonment) unless he shall in

the meantime be lawfully ordered to be released, and to return this warrant with an endorsement

certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ........... .

(Seal of the Court) (Signature)

Form No. 17. Warrant of Commitment on Failure to Find Security for Good Behaviour

(See section 141) · Gazette p. 206

To the Officer in charge of the Jail at..............................................

WHEREAS it has been made to appear to me that ..............................................

(name and description) has been concealing his presence within the district of

.............................................. and that there is reason to believe that he is doing so with a view

to committing a cognizable offence;

or

WHEREAS evidence of the general character of..............................................(name

and description) has been adduced before me and recorded, from which it appears that he is

an habitual robber (or house-breaker, etc., as the case may be);

AND WHEREAS an order has been recorded stating the same and requiring the said

(name) to furnish security for his good behaviour for the term of (state the period) by

entering into a bond with one surety (or two or more sureties, as the case may be), himself for

rupees.............................................. and the said surety (or each of the said sureties)

rupees ..............................................and the said..............................................(name) has failed to

comply with the said order and for such default has been adjudged imprisonment for (state

the term) unless the said security be sooner furnished;

This is to authorise and require you receive the said..............................................( name)

into your custody, together with this warrant and him safely to keep in the Jail, or if he is

already in prison, be detained therein, for the said period of (term of imprisonment) unless he

shall in the meantime be lawfully ordered to be released, and to return this warrant with an

endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ........... .

(Seal of the Court) (Signature)

Form No. 18. Warrant to Discharge a Person Imprisoned on Failure to Give Security

(See sections 141 and 142) · Gazette p. 207

To the Officer in charge of the Jail at..............................................(or other officer in whose

custody the person is).

WHEREAS..............................................(name and description of prisoner) was committed

to your custody under warrant of the Court, dated the..............................................

day of ..............................................20..............................................; and has since duly given

security under section .............................................. of the Bharatiya Nagarik Suraksha

Sanhita, 2023.

or

WHEREAS..............................................(name and description of prisoner) was committed

to your custody under warrant of the Court, dated the.........................................................

day of ..............................................20.................; and there have appeared to me sufficient

grounds for the opinion that he can be released without hazard to the community;

This is to authorise and require you forthwith to discharge the said

.............................................. (name) from your custody unless he is liable to be detained for

some other cause.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 19. Warrant of Imprisonment on Failure to Pay Maintenance

(See section 144) · Gazette p. 208

To the Officer in charge of the Jail at..............................................

WHEREAS..............................................(name, description and address) has

been proved before me to be possessed of sufficient means to maintain his wife

..............................................(name) [or his child..............................................(name) or his father

or mother..............................................(name), who is by reason of (state the reason) unable to

maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has

been duly made requiring the said......................................................( name) to allow to his said

..............................................wife (or child or father or mother) for maintenance the monthly

sum of rupees..............................................; and whereas it has been further proved that the

said..............................................(name) in wilful disregard of the said order has failed to pay

rupees.............................................., being the amount of the allowance for the month (or months)

of..............................................;

And thereupon an order was made adjudging him to undergo imprisonment in the said

Jail for the period of..............................................;

This is to authorise and require you receive the said..............................................(name)

into your custody in the said Jail, together with this warrant, and there carry the said order

into execution according to law, returning this warrant with an endorsement certifying the

manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 20. Warrant to Enforce the Payment of Maintenance by Attachment and Sale

(See section 144) · Gazette p. 209

To.............................................................................................................................................. ..........

(name and designation of the police officer or other person to execute the warrant).

WHEREAS an order has been duly made requiring..............................................(name) to

allow to his said wife (or child or father or mother) for maintenance the monthly sum of

rupees.............................................., and whereas the said..............................................(name) in

wilful disregard of the said order has failed to pay rupees.............................................., being

the amount of the allowance for the month (or months) of..............................................

This is to authorise and require you to attach any movable property belonging

to the said..............................................(name) which may be found within the district

of.............................................., and if within..............................................(state the number of days

or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to

sell the movable property attached, or so much thereof as shall be sufficient to satisfy the

said sum, returning this warrant, with an endorsement certifying what you have done under

it, immediately upon its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 21. Order for the Removal of Nuisances

(See section 152) · Gazette p. 210

To..............................................(name, description and address).

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

obstruction (or nuisance) to persons using the public roadway (or other public place) which,

etc., (describe the road or public place) ........................................................... by, etc.,

..............................................(state what it is that causes the obstruction or nuisance), and

that such obstruction (or nuisance) still exists;

or

WHEREAS it has been made to appear to me that you are carrying on, as owner, or

manager, the trade or occupation of ..............................................(state the particular trade or

occupation and the place where it is carried on), and that the same is injurious to the public

health (or comfort) by reason..............................................(state briefly in what manner the

injurious effects are caused), and should be suppressed or removed to different place;

or

WHEREAS it has been made to appear to me that you are the owner (or are in possession

of or have the control over) a certain tank (or well or excavation) adjacent to the public way

..............................................(describe the thoroughfare), and that the safety of the public is

endangered by reason of the said tank (or well or excavation) being without a fence

(or insecurely fenced);

or

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

I do hereby direct and require you within..............................................(state the time

allowed) (state what is required to be done to abate the nuisance) .............................................

or to appear at..............................................in the ............................................. Court

of..............................................on the ..............................................day

of..............................................next, and to show cause why this order should not be enforced;

or

I do hereby direct and require you within..............................................(state the time

allowed) to cease carrying on the said trade or occupation at the said place, and not again to

carry on the same, or to remove the said trade from the place where it is now carried on, or to

appear, etc.;

or

I do hereby direct and require you within..............................................(state the time

allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to

appear, etc.;

or

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

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 22. Magistrate's Notice and Peremptory Order

(See section 160) · Gazette p. 211

To..............................................(name, description and address).

I HEREBY give you notice that it has been found that the order issued on the

..............................................day of..............................................requiring you

..............................................(state substantially the requisition in the order) is reasonable

and proper. Such order has been made absolute, and I hereby direct and require you to obey

the said order within (state the time allowed), on peril of the penalty provided by the

Bharatiya Nyaya Sanhita, 2023 for disobedience thereto.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 23. Injunction to Provide against Imminent Danger Pending Inquiry

(See section 161) · Gazette p. 212

To..............................................(name, description and address).

WHEREAS the inquiry into the conditional order issued by me on

the..............................................day of .............................................., 20..............................................,

is pending, and it has been made to appear to me that the nuisance mentioned in the said

order is attended with such imminent danger or injury of a serious kind to the public as to

render necessary immediate measures to prevent such danger or injury, I do hereby, under

the provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and

enjoin you forthwith to .............................................. (state plainly what is required to be done

as a temporary safeguard), pending the result of the inquiry.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 24. Magistrate's Order Prohibiting the Repetition, Etc., of a Nuisance

(See section 162) · Gazette p. 213

To..............................................(name, description and address).

WHEREAS it has been made to appear to me that, etc. ..............................................(state

the proper recital, guided by Form No. 21 or Form No. 25, as the case may be);

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

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 25. Magistrate's Order to Prevent Obstruction, Riot, Etc.

(See section 163) · Gazette p. 214

To..............................................(name, description and address).

WHEREAS it has been made to appear to me that you are in possession (or have the

management) of ..............................................(describe clearly the property), and that, in digging

a drain on the said land, you are about to throw or place a portion of the earth and stones

dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons

using the road;

or

WHEREAS it has been made to appear to me that you and a number of other persons

(mention the class of persons) are about to meet and proceed in a procession along the

public street, etc., (as the case may be) and that such procession is likely to lead to a riot or

an affray;

or

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

I do hereby order you not to place or permit to be placed any of the earth or stones

dug from land on any part of the said road;

or

I do hereby prohibit the procession passing along the said street, and strictly

warn and enjoin you not to take any part in such procession (or as the case recited may

require).

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 26. Magistrate's Order Declaring Party Entitled to Retain Possession of Land, Etc., in Dispute

(See section 164) · Gazette p. 215

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach

of the peace, existed between..............................................(describe the parties by name and

residence or residence only if the dispute be between bodies of villagers) concerning

certain..............................................(state concisely the subject of dispute), situate within my

local jurisdiction, all the said parties were called upon to give in a written statement of their

respective claims as to the fact of actual possession of the said..............................................(the

subject of dispute), and being satisfied by due inquiry had thereupon, without reference to

the merits of the claim of either of the said parties to the legal right of possession, that the

claim of actual possession by the said..............................................(name or names or

description) is true; I do decide and declare that he is (or they are) in possession of the

said..............................................(the subject of dispute) and entitled to retain such possession

until ousted by due course of law, and do strictly forbid any disturbance of his (or their)

possession in the meantime.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 27. Warrant of Attachment in the Case of a Dispute As to the Possession of Land, Etc.

(See section 165) · Gazette p. 216

To the officer in charge of the police station at..............................................

(or, To the Collector of..............................................).

WHEREAS it has been made to appear to me that a dispute likely to induce a breach of

the peace, existed between..............................................(describe the parties concerned by

name and residence, or residence only if the dispute be between bodies of villagers)

concerning certain..............................................(state concisely the subject of dispute)

situate within the limits of my jurisdiction, and the said parties were thereupon duly called

upon to state in writing their respective claims as to the fact of actual possession of the said

..............................................(the subject of dispute), and whereas, upon due inquiry into the

said claims, I have decided that neither of the said parties was in possession of the

said..............................................(the subject of dispute) (or I am unable to satisfy myself as to

which of the said parties was in possession as aforesaid);

This is to authorise and require you to attach the said..............................................(the

subject of dispute) by taking and keeping possession thereof, and to hold the same under

attachment until the decree or order of a competent Court determining the rights of the

parties, or the claim to possession, shall have been obtained, and to return this warrant with

an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 28. Magistrate's Order Prohibiting the Doing of Anything on Land or Water

(See section 166) · Gazette p. 217

A dispute having arisen concerning the right of use of..............................................(state

concisely the subject of dispute) situate within my local jurisdiction, the possession of which

land (or water) is claimed exclusively by..............................................(describe the person or

persons), and it appears to me, on due inquiry into the same, that the said land (or water) has

been open to the enjoyment of such use by the public (or if by an individual or a class of

persons, describe him or them) and (if the use can be enjoyed throughout the year) that the

said use has been enjoyed within three months of the institution of the said inquiry (or if the

use is enjoyable only at a particular season, say, "during the last of the seasons at which the

same is capable of being enjoyed");

I do order that the said..............................................(the claimant or claimants of

possession) or any one in their interest, shall not take (or retain) possession of the said land

(or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they)

shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled

to exclusive possession.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 29. Bond and Bail-bond on a Preliminary Inquiry Before a Police Officer

(See section 189) · Gazette p. 218

I,..............................................(name), of.............................................., being charged with

the offence of.............................................., and after inquiry required to appear before the

Magistrate of..............................................

or

and after inquiry called upon to enter into my own recognizance to appear when

required, do hereby bind myself to appear at.............................................., in the Court

of........................................., on the..............................................day of..............................................next

(or on such day as I may hereafter be required to attend) to answer further to the said charge,

and in case of my making default herein. I bind myself to forfeit to Government, the sum of

rupees..............................................;

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us)

surety (or sureties) for the above said .............................................. (name) that he shall attend

at..............................................in the Court of.............................................., on

the..............................................day of..............................................next (or on such day as he

may hereafter be required to attend), further to answer to the charge pending against him,

and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves)

to forfeit to Government the sum of rupees.....................

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 30. Bond to Prosecute or Give Evidence

(See section 190) · Gazette p. 219

I,..............................................(name) of ............................................. (place), do hereby bind

myself to attend at.................................................in the Court of....................................................

at..............................................o'clock on the..............................................day

of..............................................next and then and there to prosecute (or to prosecute and give

evidence) (or to give evidence) in the matter of a charge of..............................................against

one A. B., and, in case of making default herein, I bind myself to forfeit to Government the

sum of rupees..................

Dated, this.............................................. day of.............................................. , 20 ............ .

(Signature)

Form No. 31. Special Summons to a Person Accused of a Petty Offence

(See section 229) · Gazette p. 220

To, .......................................................................................................

(Name of the accused)

of..............................................(address)

WHEREAS your attendance is necessary to answer a charge of a petty offence

..............................................(state shortly the offence charged), you are hereby required to

appear in person (or by an advocate) before..............................................(Magistrate)

of..............................................on the..............................................day of..............................................

20.............................................., or if you desire to plead guilty to the charge without appearing

before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and

the sum of ............................ rupees as fine, or if you desire to appear by an advocate and to

plead guilty through such an advocate, to authorise such advocate in writing to make such

a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

(Note.—The amount of fine specified in this summons shall not exceed five thousand rupees.)

Form No. 32. Notice of Commitment by Magistrate to Public Prosecutor

(See section 232) · Gazette p. 221

The Magistrate of..............................................hereby gives notice that he has committed

one..............................................for trial at the next Sessions; and the Magistrate hereby instructs

the Public Prosecutor to conduct the prosecution of the said case.

The charge against the accused is that,.............................................. etc. (state the offence

as in the charge)

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 33. Charges

(See sections 234, 235 and 236) · Gazette p. 222

I. CHARGES WITH ONE-HEAD

(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge

you..............................................(name of accused person) as follows:—

(b) On section 147.—That you, on or about the..............................................day

of.............................................., at.............................................., waged war against the Government

of India and thereby committed an offence punishable under section 147 of the Bharatiya

Nyaya Sanhita, 2023 and within the cognizance of this Court.

(c) And I hereby direct that you be tried by this Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)]:—

(2)On section 151.—That you, on or about the..............................................day

of.............................................., at.............................................., with the intention of inducing the

President of India [or, as the case may be, the Governor of ..............................................(name

of State)] to refrain from exercising a lawful power as such President (or, as the case may be,

the Government) assaulted President (or, as the case may be, the Governor), and thereby

committed an offence punishable under section 151 of the Bharatiya Nyaya Sanhita, 2023,

and within the cognizance of this Court.

(3)On section 198.—That you, on or about the..............................................day

of.............................................., at.............................................., did (or omitted to do, as the case

may be) ............................................. , such conduct being contrary to the provisions

of..............................................Act .............................................., section..............................................,

and known by you to be prejudicial to.............................................., and thereby committed an

offence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the

cognizance of this Court.

(4)On section 229.—That you, on or about the..............................................day

of.............................................., at.............................................., in the course of the trial of

..............................................before.............................................., stated in evidence that

“..............................................” which statement you either knew or believed to be false, or did

not believe to be true, and thereby committed an offence punishable under section 229 of the

Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.

(5)On section 105.—That you, on or about the..............................................day

of.............................................., at.............................................., committed culpable homicide not

amounting to murder, causing the death of.............................................., and thereby committed

an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and within

the cognizance of this Court.

(6)On section 108.—That you, on or about the..............................................day

of......................................................, at.......................................................,

abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby

committed an offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023,

and within the cognizance of this Court.

(7)On section 117(2).—That you, on or about the..............................................day

of.............................................., at.............................................., voluntarily caused grievous hurt

to..................................., and thereby committed an offence punishable under section 117(2)

of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.

(8)On section 309(2).—That you, on or about the..............................................day

of.............................................., at.............................................., robbed..............................................

(state the name), and thereby committed an offence punishable under section 309(2) of the

Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.

(9)On section 310(2).—That you, on or about the..............................................day

of.............................................., at.............................................., committed dacoity, an offence

punishable under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the

cognizance of this Court.

II. CHARGES WITH TWO OR MORE HEADS

(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge

you..............................................(name of accused person) as follows:—

(b) On section 179.—First—That you, on or about the..............................................day

of.............................................., at.............................................., knowing a coin to be counterfeit,

delivered the same to another person, by name, A. B., as genuine, and thereby committed an

offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the

cognizance of the Court of Session.

Secondly—That you, on or about the...............................................................day

of.............................................., at.............................................., knowing a coin to be counterfeit

attempted to induce another person, by name, A.B., to receive it as genuine, and thereby

committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023

and within the cognizance of the Court of Session.

(c) And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)]:—

(2)On sections 103 and 105.—First—That you, on or about the.....................................

day of.............................................., at.............................................., committed murder by causing

the death of.............................................., and thereby committed an offence punishable under

section 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of

Session.

Secondly—That you, on or about the......................................day of........................................,

at.............................................., by causing the death of.............................................., committed

culpable homicide not amounting to murder, and thereby committed an offence punishable

under section 105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the

Court of Session.

(3)On sections 303(2) and 307.—First—That you, on or about the.....................................

day of................................, at......, committed theft, and thereby committed an offence punishable

under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the

Court of Session.

Secondly—That you, on or about the...............................................................day

of.............................................., at.............................................., committed theft, having made

preparation for causing death to a person in order to the committing of such theft, and

thereby committed an offence punishable under section 307 of the Bharatiya Nyaya

Sanhita, 2023 and within the cognizance of the Court of Session.

Thirdly—That you, on or about the........................................................................day

of.............................................., at.............................................., committed theft, having made

preparation for causing restraint to a person in order to the effecting of your escape after the

committing of such theft, and thereby committed an offence punishable under section 307 of

the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

Fourthly—That you, on or about the.................................................................day

of.............................................., at.............................................., committed theft, having made

preparation for causing fear of hurt to a person in order to the restraining of property taken

by such theft and thereby committed an offence punishable under section 307 of the Bharatiya

Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

(4)Alternative charge on section 229.—That you, on or about the......................................

day of......................................., at......................................., in the course of the inquiry

into.............................................., before.............................................., stated in evidence that

‘‘..............................................’’, and that you, on or about the..............................................day of

.............................................., at.............................................., in the course of the trial of,

....................................... before, stated in the evidence that ‘‘..............................................’’, one

of which statements you either knew or believed to be false, did not believe to be

true, and thereby committed an offence punishable under section 229 of the Bharatiya

Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

(In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance

of the Court of Session’’.)

III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION

I,..................................................(name and office of Magistrate, etc.) hereby charge you

..............................................(name of accused person) as follows:—

That you, on or about the..............................................day of..............................................,

at.............................................., committed theft, and thereby committed an offence punishable

under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the

Court of Session (or Magistrate, as the case may be).

And you, the said ................................................................(name of accused), stand further

charged that you, before the committing of the said offence, that is to say, on

the...................................................... day of.............................................., had been convicted by

the..................................................(state Court by which conviction was had)

at..............................................of an offence punishable under Chapter XVII of the Bharatiya

Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence of

house-breaking by night..............................................(describe the offence in the words used

in the section under which the accused was convicted), which conviction is still in full force

and effect, and that you are thereby liable to enhanced punishment under section 13 of the

Bharatiya Nyaya Sanhita, 2023.

And I hereby direct that you be tried, etc.

Form No. 34. Summons to Witness

(See sections 63 and 267) · Gazette p. 225

To..............................................of..............................................

WHEREAS complaint has been made before me that..............................................(name of

the accused) of ..............................................(address) has (or is suspected to have)

committed the offence of..............................................(state the offence concisely with time

and place), and it appears to me that you are likely to give material evidence or to produce

any document or other thing for the prosecution.

You are hereby summoned to appear before this Court on the..............................................

day of..............................................next at ten o'clock in the forenoon, to produce such document

or thing or to testify what you know concerning the matter of the said complaint, and not to

depart thence without leave of the Court; and you are hereby warned that, if you shall

without just excuse neglect or refuse to appear on the said date, a warrant will be issued to

compel your attendance.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 35. Warrant of Commitment on a Sentence of Imprisonment or Fine If Passed by a Court

(See sections 258, 271 and 278) · Gazette p. 226

To the Officer in charge of Jail at..............................................

WHEREAS on the..............................................day of ..............................................,

..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be)

prisoner in case No. ..............................................of the Calendar for 20 ........... ,

was convicted before me..............................................(name and official designation) of the

offence of..............................................(mention the offence or offences concisely) under section

(or sections) .............................................. of the Bharatiya Nyaya Sanhita, 2023 (or

of..............................................Act ...........), and was sentenced to..............................................(state

the punishment fully and distinctly).

This is to authorise and require you to receive the said..............................................

(prisoner's name) into your custody in the said Jail, together with this warrant, and thereby

carry the aforesaid sentence into execution according to law.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 36. Warrant of Imprisonment on Failure to Pay Compensation

(See section 273) · Gazette p. 227

To the Officer in charge of Jail at..............................................

WHEREAS..............................................(name and description) has brought

against..............................................(name and description of the accused person) the complaint

that..............................................(mention it concisely) and the same has been dismissed on

the ground that there was no reasonable ground for making the accusation against the

said..............................................( name) and the order of dismissal awards payment by the

said..............................................(name of complainant) of the sum of

rupees..............................................as compensation; and whereas the said sum has not been

paid and an order has been made for his simple imprisonment in Jail for the period

of..............................................days, unless the aforesaid sum be sooner paid;

This is to authorise and require you to receive the said..............................................(name)

into your custody, together with this warrant, and him safely to keep in the said Jail for the

said period of .......................................................................(term of imprisonment), subject to

the provisions of section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum

be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this

warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 37. Order Requiring Production in Court of Person in Prison for Answering to Charge of Offence

(See section 302) · Gazette p. 228

To the Officer in charge of Jail at..............................................

WHEREAS the attendance of..............................................(name of prisoner) at present

confined/detained in the above-mentioned prison, is required in this Court to answer to a

charge of..............................................(state shortly the offence charged) or for the purpose of

a proceeding..............................................(state shortly the particulars of the proceeding).

You are hereby required to produce the said..............................................under safe and

sure conduct before this Court at..............................................on the..............................................day

of.............................................., 20......... , by..............................................A. M. there to answer to

the said charge, or for the purpose of the said proceeding, and after this Court has dispensed

with his further attendance, cause him to be conveyed under safe and sure conduct back to

the said prison.

And you are further required to inform the said..............................................of the contents

of this order and deliver to him the attached copy thereof.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Countersigned.

(Seal) (Signature)

Form No. 38. Order Requiring Production in Court of Person in Prison for Giving Evidence

(See section 302) · Gazette p. 229

To the Officer in charge of the Jail at..............................................

WHEREAS complaint has been made before this Court that..............................................

(name of the accused) of has committed the offence of..............................................(state offence

concisely with time and place) and it appears that..............................................(name of prisoner)

at present confined/detained in the above-mentioned prison, is likely to give material evidence

for the prosecution/defence.

You are hereby required to produce the said..............................................under safe and

sure conduct before this Court at..............................................on the..............................................day

of.............................................., 20............, by A. M. there to give evidence in the matter now

pending before this Court, and after this Court has dispensed with his further attendance,

cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said..............................................of the contents

of this order and deliver to him the attached copy thereof.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Countersigned.

(Seal) (Signature)

Form No. 39. Warrant of Commitment in Certain Cases of Contempt When a Fine Is Imposed

(See section 384) · Gazette p. 230

To the Officer in charge of the Jail at..............................................

WHEREAS at a Court held before me on this day..............................................(name and

description of the offender) in the presence (or view) of the Court committed wilful contempt.

And whereas for such contempt the said..............................................(name of the offender)

has been adjudged by the Court to pay a fine of rupees.............................................., or in

default to suffer simple imprisonment for the period of..............................................(state the

number of months or days).

This is to authorise and require you to receive the said..............................................(name

of the offender) into your custody, together with this warrant, and him safely to keep in the

said Jail for the said period of..............................................(term of imprisonment), unless the

said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning

this warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 40. Magistrate's or Judge's Warrant of Commitment of Witness Refusing to Answer or to Produce Document

(See section 388) · Gazette p. 231

To..............................................

(name and designation of officer of Court)

WHEREAS..............................................(name and description), being summoned (or

brought before this Court) as a witness and this day required to give evidence on an inquiry

into an alleged offence, refused to answer a certain question (or certain questions) put to him

touching the said alleged offence, and duly recorded, or having been called upon to produce

any document has refused to produce such document, without alleging any just excuse for

such refusal, and for his refusal has been ordered to be detained in custody

for..............................................(term of detention adjudged);

This is to authorise and require you to take the said..............................................(name)

into custody, and him safely to keep in your custody for the period

of..............................................days, unless in the meantime he shall consent to be examined

and to answer the questions asked of him, or to produce the document called for from him,

and on the last of the said days, or forthwith on such consent being known, to bring him

before this Court to be dealt with according to law, returning this warrant with an endorsement

certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 41. Warrant of Commitment Under Sentence of Death

(See section 407) · Gazette p. 232

To the Officer in charge of the Jail at..............................................

WHEREAS at the session held before me on the..............................................day

of.............................................., 20..............................................,..............................................(name

of prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ................. of the

Calendar for 20.............. at the said Session, was duly convicted of the offence of culpable

homicide amounting to murder under section ..............................................of the Bharatiya

Nyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentence

by the..............................................Court of........................................................................

This is to authorise and require you to receive the said..............................................

(prisoner's name) into your custody in the said Jail, together with this warrant, and him there

safely to keep until you shall receive the further warrant or order of this Court, carrying into

effect the order of the said .......................................................................Court.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 42. Warrant After a Commutation of a Sentence

(See sections 427, 453 and 456) · Gazette p. 233

To the Officer in charge of the Jail at..............................................

WHEREAS at a Session held on the................................................................day

of.............................................., 20.......... , ..............................................(name of the prisoner), the

(1st, 2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... ,

at the said Session, was convicted of the offence of.............................................. , punishable

under section..............................................of the Bharatiya Nyaya Sanhita, 2023, and was

sentenced to..................... and thereupon committed to your custody; and whereas by the

order of the .............................................. Court of ............................................. order of

the .............................................(a duplicate of which is hereunto annexed) the punishment

adjudged by the said sentence has been commuted to the punishment of imprisonment for

life;

This is to authorise and require you safely to keep the said..............................................

(prisoner's name) in your custody in the said Jail, as by law is required, until he shall be

delivered over by you to the proper authority and custody for the purpose of his undergoing

the punishment of imprisonment for life under the said order,

or

if the mitigated sentence is one of imprisonment, say, after the words "custody in the said

Jail", "and there to carry into execution the punishment of imprisonment under the said order

according to law".

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 43. Warrant of Execution of a Sentence of Death

(See sections 453 and 454) · Gazette p. 234

To the Officer in charge of the Jail at..............................................

WHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the

case may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held

before me on the..............................................day of .............................................., 20 .............. ,

has been by a warrant of the Court, dated the.................... day of .............................................. ,

committed to your custody under sentence of death; .............................................. and whereas

the order of the High Court at ..............................................confirming the said sentence has

been received by this Court.

This is to authorise and require you to carry the said sentence into execution by

causing the said..............................................to be hanged by the neck until he be dead,

at..............................................(time and place of execution), and to return this warrant to the

Court with an endorsement certifying that the sentence has been executed.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 44. Warrant to Levy a Fine by Attachment and Sale

(See section 461) · Gazette p. 235

To..............................................

(name and designation of the police officer or other person or persons who is or are

to execute the warrant).

WHEREAS..............................................(name and description of the offender) was on

the..............................................day of.............................................., 20......... , convicted before

me of the offence of..............................................(mention the offence concisely), and sentenced

to pay a fine of rupees..............................................; and whereas the

said..............................................(name), although required to pay the said fine, has not paid

the same or any part thereof;

This is to authorise and require you to attach any movable property belonging to the

said ..............................................(name), which may be found within the district

of..............................................; and, if within..............................................(state the number of

days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith),

to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the

said fine, returning this warrant, with an endorsement certifying what you have done under

it, immediately upon its execution.

Dated, this.............................................. day of.............................................. , 20 ............. .

(Seal of the Court) (Signature)

Form No. 45. Warrant for Recovery of Fine

(See section 461) · Gazette p. 236

To the Collector of the district of..............................................

WHEREAS.............................................. (name, address and description of the offender)

was on the..............................................day of.............................................., 20.......... , convicted

before me of the offence of..............................................(mention the offence concisely), and

sentenced to pay a fine of rupees..............................................; and

WHEREAS the said..............................................(name), although require to pay the said

fine, has not paid the same or any part of thereof;

You are hereby authorised and requested to realise the amount of the said fine as

arrears of land revenue from the movable or immovable property, or both, of the

said..............................................(name) and to certify without delay what you have done in

pursuance of this order.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 46. Bond for Appearance of Offender Released Pending Realisation of Fine

[See section 464 (1) (b)] · Gazette p. 237

WHEREAS I,..............................................(name) inhabitant of..............................................

(place), have been sentenced to pay a fine of rupees..............................................and in default

of payment thereof to undergo imprisonment for..............................................; and whereas the

Court has been pleased to order my release on condition of my executing a bond for my

appearance on the following date (or dates), namely:—

I hereby bind myself to appear before the Court of..............................................

at.............................................. o'clock on the following date (or dates), namely:—

and, in case of making default herein, I bind myself to forfeit to Government the sum of

rupees..............................................

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD—

We do hereby declare ourselves sureties for the above-named that he will appear

before the Court of ..............................................on the following date (or dates), namely:—

And, in case of his making default therein, we bind ourselves jointly and severally to

forfeit to Government the sum of rupees...............................................

(Signature)

Form No. 47. Bond and Bail-bond for Attendance Before Officer in Charge of Police Station or Court

[See sections 478, 479, 480, 481, 482(3) and 485] · Gazette p. 238

I,..............................................(name), of..............................................(place), having been

arrested or detained without warrant by the Officer in charge of..............................................police

station (or having been brought before the Court of..............................................), charged

with the offence of.............................................., and required to give security for my attendance

before such Officer of Court on condition that I shall attend such Officer or Court on every

day on which any investigation or trial is held with regard to such charge, and in case of my

making default herein, I bind myself to forfeit to Government the sum of rupees.............................

Dated, this.............................................. day of.............................................. , 20 ............ .

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us)

surety (or sureties) for the above said..............................................(name) that he shall attend

the Officer in charge of..............................................police station or the Court

of..............................................on every day on which any investigation into the charge is

made or any trial on such charge is held, that he shall be, and appear, before such Officer or

Court for the purpose of such investigation or to answer the charge against him (as the case

may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind

ourselves) to forfeit to Government the sum of rupees...............................

Dated, this.............................................. day of.............................................. , 20 ............ .

(Signature)

Form No. 48. Warrant to Discharge a Person Imprisoned on Failure to Give Security

(See section 487) · Gazette p. 239

To the Officer in charge of the Jail at..............................................

(or other officer in whose custody the person is)

WHEREAS..............................................(name and description of prisoner) was committed

to your custody under warrant of this Court, dated the..............................................day

of.............................................. , and has since with his surety (or sureties) duly executed a

bond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

This is to authorise and require you forthwith to discharge the said.......................................

(name) from your custody, unless he is liable to be detained for some other matter.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 49. Warrant of Attachment to Enforce a Bond

(See section 491) · Gazette p. 240

To the Police Officer in charge of the police station at..............................................

WHEREAS..............................................(name, description and address of person) has

failed to appear on..............................................(mention the occasion) pursuant to his

recognizance, and has by default forfeited to Government the sum of

rupees..............................................(the penalty in the bond); and whereas the

said..............................................(name of person) has, on due notice to him, failed to pay the

said sum or show any sufficient cause why payment should not be enforced against him;

This is to authorise and require you to attach any movable property of the said

..............................................(name) that you may find within the district of ............................... ,

by seizure and detention, and, if the said amount be not paid within......................................... ,

days to sell the property so attached or so much of it as may be sufficient to realise the

amount aforesaid, and to make return of what you have done under this warrant immediately

upon its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 50. Notice to Surety on Breach of a Bond

(See section 491) · Gazette p. 241

To .............................................. of ..............................................

WHEREAS on the..............................................day of.............................................. ,

20 ........................., you became surety for..............................................(name)

of..............................................(place) that he should appear before this Court on

the..............................................day of ..............................................and bound yourself in default

thereof to forfeit the sum of rupees..................to Government; and whereas the

said..............................................(name) has failed to appear before this Court and by reason of

such default you have forfeited the aforesaid sum of rupees.

You are hereby required to pay the said penalty or show cause,

within..............................................days from this date, why payment of the said sum should

not be enforced against you.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 51. Notice to Surety of Forfeiture of Bond for Good Behaviour

(See section 491) · Gazette p. 242

To.............................................. of..............................................

WHEREAS on the..............................................day of ............................ , 20................... , you

became surety by a bond for..............................................(name) of..............................................

(place) that he would be of good behaviour for the period of..............................................and

bound yourself in default thereof to forfeit the sum of rupees.................... to Government; and

whereas the said..............................................(name) has been convicted of the offence

of.............................................. (mention the offence concisely) committed since you became

such surety, whereby your security bond has become forfeited;

You are hereby required to pay the said penalty of rupees .................... or to show cause

within .............................................. days why it should not be paid.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 52. Warrant of Attachment against a Surety

(See section 491) · Gazette p. 243

To..............................................of..............................................

WHEREAS..............................................(name, description and address) has bound himself

as surety for the appearance of .............................................. (mention the condition of the

bond) and the said .............................................. (name) has made default, and thereby forfeited

to Government the sum of rupees ........................ (the penalty in the bond);

This is to authorise and require you to attach any movable property of the said

..............................................(name) which you may find within .............................................. the

district of .............................................. , by seizure and detention; and, if the said amount be

not paid within days, to sell the property so attached, or so much of it as may be sufficient

to realise the amount aforesaid, and make return of what you have done under this warrant

immediately upon its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 53. Warrant of Commitment of the Surety of an Accused Person Admitted to Bail

(See section 491) · Gazette p. 244

To the Superintendent (or Keeper) of the Civil Jail at..............................................

WHEREAS..............................................(name and description of surety) has bound himself

as a surety for the appearance of.............................................. (state the condition of the bond)

and the said..............................................(name) has therein made default whereby the penalty

mentioned in the said bond has been forfeited to Government; and whereas the

said..............................................(name of surety) has, on due notice to him, failed to pay the

said sum or show any sufficient cause why payment should not be enforced against him, and

the same cannot be recovered by attachment and sale of his movable property, and an order

has been made for his imprisonment in the Civil Jail for..................................(Specify the period);

This is to authorise and require you, the said Superintendent (or Keeper) to receive the

said..............................................(name) into your custody with the warrant and to keep him

safely in the said Jail for the said..............................................(term of imprisonment), and to

return this warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 54. Notice to the Principal of Forfeiture of Bond to Keep the Peace

(See section 491) · Gazette p. 245

To..............................................(name, description and address)

WHEREAS on the..............................................day of.............................................., 20................,

you entered into a bond not to commit, etc., ..............................................(as in the bond), and

proof of the forfeiture of the same has been given before me and duly recorded;

You are hereby called upon to pay the said penalty of rupees.................... or to show

cause before me within..............................................days why payment of the same should not

be enforced against you.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 55. Warrant to Attach the Property of the Principal on Breach of a Bond to Keep the Peace

(See section 491) · Gazette p. 246

To..............................................

(name and designation of police officer), at the police station of..............................................

WHEREAS..............................................(name and description) did, on

the..............................................day of.............................................., 20........................ , enter into a

bond for the sum of rupees..............................................binding himself not to commit a breach

of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given

before me and duly recorded; and whereas notice has been given to the said

..............................................(name) calling upon him to show cause why the said sum should

not be paid, and he has failed to do so or to pay the said sum;

This is to authorise and require you to attach by seizure movable property belonging

to the said..............................................(name) to the value of rupees.............. , which you may

find within the district of.............................................., and, if the said sum be not paid

within.............................................. , to sell the property so attached, or so much of it as may be

sufficient to realise the same; and to make return of what you have done under this warrant

immediately upon its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 56. Warrant of Imprisonment on Breach of a Bond to Keep the Peace

(See section 491) · Gazette p. 247

To the Superintendent (or Keeper) of the Civil Jail at..............................................

WHEREAS proof has been given before me and duly recorded that................................

(name and description) has committed a breach of the bond entered into by him to keep the

peace, whereby he has forfeited to Government the sum of rupees.................. ; and whereas

the said..............................................(name) has failed to pay the said sum or to show cause

why the said sum should not be paid, although duly called upon to do so, and payment

thereof cannot be enforced by attachment of his movable property, and an order has been

made for the imprisonment of the said..............................................(name) in the Civil Jail of the

period of..............................................(term of imprisonment);

This is to authorise and require you, the said Superintendent (or Keeper) of the said

Civil Jail to receive the said..............................................(name) into your custody, together

with this warrant, and to keep his safely in the said Jail for the said period of

..............................................(term of imprisonment), and to return this warrant with an

endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 57. Warrant of Attachment and Sale on Forfeiture of Bond for Good Behaviour

(See section 491) · Gazette p. 248

To the Police Officer in charge of the police station at..............................................

WHEREAS ..............................................(name, description and address) did, on

the..............................................day of.............................................., 20.................., give security

by bond in the sum of rupees................... for the good behaviour

of..............................................(name, etc., of the principal), and proof has been given before

me and duly recorded of the commission by the said..............................................(name) of the

offence of ..............................................whereby the said bond has been forfeited; and whereas

notice has been given to the said..............................................(name) calling upon him to show

cause why the said sum should not be paid, and he has failed to do so to pay the said sum;

This is to authorise and require you to attach by seizure movable property belonging

to the said..............................................(name) to the value of rupees......................which you

may find within the district of.............................................. , and, if the said sum be not paid

within.............................................. , to sell the property so attached, or so much of it as may be

sufficient to realise the same, and to make return of what you have done under this warrant

immediately upon its execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

Form No. 58. Warrant of Imprisonment on Forfeiture of Bond for Good Behaviour

(See section 491) · Gazette p. 249

To the Superintendent (or Keeper) of the Civil Jail at..............................................

WHEREAS..............................................(name, description and address) did, on

the .............................................. day of.............................................., 20.................. , give security

by bond in the sum of rupees........................for the good behaviour of...................................(name,

etc., of the principal), and proof of the breach of the said bond has been given before me and

duly recorded, whereby the said..............................................(name) has forfeited to Government

the sum of rupees.................. , and whereas he has failed to pay the said sum or to show

cause why the said sum should not be paid although duly called upon to do so, and payment

thereof cannot be enforced by attachment of his movable property, and an order has been

made for the imprisonment of the said..............................................(name) in the Civil Jail for

the period of..............................................(term of imprisonment);

This is to authorise and require you, the Superintendent (or Keeper), to receive the

said..............................................(name) into your custody, together with this warrant, and to

keep him safely in the said Jail for the said period of..............................................(term of

imprisonment), returning this warrant with an endorsement certifying the manner of its

execution.

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)