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Code of Criminal Procedure, 1973 INDIA

Code of Criminal Procedure, 1973 INDIA

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Published by Sameer
The Code of Criminal Procedure enacted to facilitate the process a crime free India.
The Code of Criminal Procedure enacted to facilitate the process a crime free India.

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Published by: Sameer on Sep 17, 2008
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09/28/2010

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CODE OF CRIMINAL PROCEDURE, 1973
 
CHAPTER IPRELIMINARY
 
1.Short title, extent and commencement
-(1) This Act may be called the Code of Criminal Procedure, 1973.(2) It extends to the whole of India except the State of Jammu and Kashmir:Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof,shall not apply-(a)to the State of Nagaland,(b)to the tribal areas,but the concerned State Government may, by notification, apply such provisions or any of them to thewhole or part of the State of Nagaland or such tribal areas, as the case may be, with suchsupplemental, incidental or consequential modifications, as may be specified in the notification.Explanation.- In this section, "tribal areas" means the territories which immediately before the 21stday of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 ofthe Sixth Schedule to the Constitution, other than those within the local limits of the municipality ofShillong.(3) It shall come into force on the 1st day of April, 1974.
2.Definitions
- In this Code, unless the context otherwise requires, -(a)"bailable offence" means an offence which is shown as bailable in the First Schedule, or which ismade bailable by any other law for the time being in force; and "non-bailable offence" means anyother offence;(b)"charge" includes any head of charge when the charge contains more heads than one;(c)"cognizable offence" means an offence for which, and "cognizable case" means a case in which, apolice officer may, in accordance with the First Schedule or under any other law for the time being inforce, arrest without warrant;(d)"complaint" means any allegation made orally or in writing to a Magistrate, with a view to his takingaction under this Code, that some person, whether known or unknown, has committed an offence, butdoes not include a police report.Explanation.- A report made by a police officer in a case which discloses, after investigation, thecommission of a non-cognizable offence shall be deemed to be a complaint; and the police officer bywhom such report is made shall be deemed to be the complainant;(e)"High Court" means, -
 
(i) in relation to any State, the High Court for that State;(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has beenextended by law, that High Court;(iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory otherthan the Supreme Court of India;(f)"Indian" means the territories to which this Code extends;(g)"inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate orCourt;(h)"investigation" includes all the proceedings under this Code for the collection of evidenceconducted by a police officer or by any person (other than a Magistrate) who is authorised by aMagistrate in this behalf;(i)" judicial proceeding" includes any proceeding in the course of which evidence is or may be legallytaken on oath;(j)"local jurisdiction", in relation to a Court or Magistrate, means the local area within which the Courtor Magistrate may exercise all or any of its or his powers under this Code;(k)"metropolitan area" means the area declared, or deemed to be declared, under section 8, to be ametropolitan area;(l)"non-cognizable offence" means an offence for which, and "non-cognizable case" means a case inwhich, a police officer has no authority to arrest without warrant;(m)"notification" means a notification published in the Official Gazette;(n)"offence" means any act or omission made punishable by any law for the time beingin force and includes any act in respect of which a complaint may be made under section 20 of theCattle-trespass Act, 1871( 1 of 1871);(o)"officer in charge of a police station" includes, when the officer in charge of the police station isabsent from the station-house or unable from illness or other cause to perform his duties, the policeofficer present at the station-house who is next in rank to such officer and is above the rank ofconstable or, when the State Government so directs, any other police officer so present;(p)"place" includes a house, building, tent, vehicle and vessel;(q)"pleader", when used with reference to any proceeding in any Court, means a person authorisedby or under any law for the time being in force, to practise in such Court, and includes any otherperson appointed with the permission of the Court to act in such proceeding;( r ) " police report" means a report forwarded by a police officer to a Magistrate undersub-section (2) of section 173;(s)"police report" means a report forwarded by a police officer or specially by the StateGovernment, to be a police station, and includes any local area specified by the State Government inthis behalf;
 
 (t)"prescribed" means prescribed by rules made under this Code;(u)"Public Prosecutor" means any person appointed under section 24, and includes any person actingunder the directions of a Public Prosecutor;(v)"sub-division" means a sub-division of a district;(w)"summons-case" means a case relating to an offence, and not being a warrant-case;(x)"warrant-case" means a case relating to an offence punishable with death, imprisonment for life orimprisonment for a term exceeding two years;(y)words and expressions used herein and not defined but defined in the Indian Penal Code (45 of1860) have the meanings respectively assigned to them in that Code.
3.Construction of references
-(1) In this Code(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless thecontext otherwise requires, -(i)in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate;(ii)in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;(b) any reference to a Magistrate of the second class shall, in relation to an area outside ametropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, inrelation to a metropolitan area, as a reference to a Metropolitan Magistrate;(c) any reference to a Magistrate of the first class shall, -(i)in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrateexercising jurisdiction in that area,(ii)in relation to any other area, be construed as a reference to a Judicial Magistrate of the first classexercising jurisdiction in that area;(d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, beconstrued as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area.(2) In this Code, unless the context otherwise requires, any reference to the Court of a JudicialMagistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of theMetropolitan Magistrate for that area.(3) Unless the context otherwise requires, any reference in any enactment passed before thecommencement of this Code, -(a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of thefirst class;

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