25 Power of State Government to transfer suits

26 Institution of suits
27 Summons to defendants
ACT NO.5 OF 1908 28 Service of summons where defendant resides in
another State
Contents
29 Service of foreign summonses.Summonses and other
Sections Particulars processes issued by 30
Preliminary 30 Power to order discovery and the like.Subject to such
1 Short title conditions and limitations as may be prescribed, the
2 Definitions Court may, at any time, either of its own motion or on
3 Subordination of Courts the application of any party
4 Savings 31 Summons to witness
5 Application of the Code to Revenue Courts 32 Penalty for default
6 Pecuniary jurisdiction 33 Judgment and decree
7 Provincial Small Cause Courts 34 Interest
8 Presidency Small Cause Courts 35 Costs
Part I Suits In General Part II Execution
9 Courts to try all civil suits unless barred 36 Application to orders
10 Stay of suit 37 Definition of Court which passed a decree
11 Res judicata 38 Court by which decree may be executed
12 Bar to further suit 39 Transfer of decree
13 When foreign judgment not conclusive 40 Transfer of decree to Court in another State
14 Presumption as to foreign judgments 41 Result of execution-proceedings to be certified
15 Court in which suits to be instituted 42 Powers of Court in executing transferred decree
16 Suits to be instituted where subject matter situate 43 Execution of decrees passed by Civil Courts in places
17 Suits for immovable property situate within jurisdiction to which this Code does not extend
of different Courts 44 Execution of decrees passed by Revenue Courts in
18 Place of institution of suit where local limits of places to which this Code does not extend
jurisdiction of Courts are uncertain 44A Execution of decrees passed by Courts in reciprocating
19 Suits for compensation for wrongs to person or territory
movables 45 Execution of decrees outside India
20 Other suits to be instituted where defendants reside or 46 Precepts
cause of action arises 47 Questions to be determined by the Court executing
21 Objections to jurisdiction decree
22 Power to transfer suits which may be instituted in more 48 Execution barred in certain cases
than one Court 49 Transferee
23 To what Court application lies 50 Legal representative
24 General power of transfer and withdrawal 51 Powers of Court to enforce execution
52 Enforcement of decree against legal representative 81 Exemption from arrest and personal appearance
53 Liability of ancestral property 82 Execution of decree
54 Partition of estate or separation of share 83 When aliens may use
55 Arrest and detention 84 When foreign States may use
56 Prohibition of arrest or detention of women in execution 85 Persons specially appointed by Government to
of decree for money prosecute or defend on behalf of foreign Rulers
57 Subsistence allowance 86 Suits against foreign Rulers, Ambassadors and Envoys
58 Detention and release 87 Style of foreign Rulers as parties to suits
59 Release on ground of illness 87A Definitions of foreign State and Rulers
60 Property liable to attachment and sale in execution of 87B Application of sections 85 and 86 to Rulers of former
decree Indian States
61 Partial exemption of agricultural produce 88 Where interpleader suit may be instituted
62 Seizure of property in dwelling house Part V Special Proceedings]Dings
63 Property attached in execution of decrees of several 89 [Arbitration.] Rep.by the Arbitration Act, 1940 (10 of
Courts 1940), s.49 and Sch.III
64 Private alienation of property after attachment to be 90 Power to state case for opinion of Court
void 91 Public nuisances
65 Purchasers title 92 Public Charities
66 Suit against purchaser not maintainable on ground of 93 Exercise of powers of Advocate General outside
purchase being on behalf of plaintiff presidency-towns
67 Power for State Government to make rules as to sales Part VI Supplemental Proceedings
of land in execution of decrees for payment of money 94 Supplemental proceedings
68 Power to prescribe rules for transferring to Collector 95 Compensation for obtaining arrest, attachment or
execution of certain decrees injunction on insufficient grounds
69 Provisions of Third Schedule to apply Part VII Appeals From Original Decrees
70 Rules of procedure 96 Appeal from original decree
71 Collector deemed to be acting judicially 97 Appeal from final decree where no appeal from
72 Where Court may authorize Collector to stay public sale preliminary decree
of land 98 Decision where appeal heard by two or more Judges
73 Proceeds of execution-sale to be rateably distributed 99 No decree to be reversed or modified for error or
among decree-holders irregularity not affecting merit or jurisdiction
74 Resistance to execution 100 Second appeal
PART III Incidental Proceedings 101 Second appeal on no other grounds
75 Power of Court to issue commissions 102 No second appeal in certain suits
76 Commission to another Court 103 Power of High Court to determine issues of fact
77 Letter of request 104 Orders from which appeal lies
PART IV Suits In Particular Cases 105 Other orders
80 Notice
106 What Courts to hear appeals 132 Exemption of certain women from personal appearance
107 Power of Appellate court 133 Exemption of other persons
108 Procedure in appeals from appellate decrees and 134 Arrest other than in execution of decree
orders 135 Exemption from arrest under civil Process
109 When appeal lie to the Supreme Court 135A Exemption of members of legislative bodies from arrest
110 Value of subject-matter and detention under civil process
111 Bar of certain appeals 136 Procedure where person to be arrested or property to
111A Appeal to Federal Court be attached is outside district
112 Savings 137 Language of Subordinate Courts
Part VIII Reference, Review And Revision 138 Power of High Court to require evidence to be recorded
113 Refence to High Court English
114 Review 139 Oath on affidavit by whom to be administered
115 Revision 140 Assessors in causes of salvage, etc
Part IX Special Provisions Relating To The {Subs. By Act 2 141 Miscellaneous proceedings
Of 1951, S.14, For "Chartered High Courts".}[High 142 Orders and notices to be in writing
Courts For Part A States And Part B States] 143 Postage
116 Part to apply only to certain High Courts 144 Application for restitution
117 Application of Code to High Courts 145 Enforcement of Liability of surety
118 Execution of decree before ascertainment of costs 146 Proceedings by or against representatives
119 Unauthorized persons not to address Court 147 Consent or agreement by persons under disability
120 Provision not applicable to High Court on original civil 148 Enlargement of time
jurisdiction 149 Power to make up deficiency of court-fees
Part X Rules 150 Transfer of business
121 Effect of rules in First Schedule 151 Saving of inherent powers of Court
122 Power of certain High Court to make rules 152 Amendment of judgments, decrees or orders
123 Constitution of Rule Committees in certain States 153 General power to amend
124 Committee to report to High Court 154 Saving of present right of appeal
125 Power of other High Courts to make rules 155 Amendment of certain Acts
126 Rules to be subject to approval 156 Repeals
127 Publication of rules 157 Continuance of Orders under repealed enactments
128 Matters for which rules may provide 158 Reference to Code of Civil Procedure and other
129 Power of High Courts to make rules as to their original repealed enactment
civil procedure The First Schedule
130 Power of other High Courts to make rules as to matters Order I Parties To Suits
other than procedure Order II Frame of Suit
131 Publication of rules Order III Recognized Agents And Pleaders
Part XI Miscellaneous Order IV Institution Of Suits
Order V Issue Ann Service Of Summons Order Suits By Paupers
Order VI Pleadings Generally XXXIII
Order VII Plaint Order Suits Relating To Mortgages Of Immovable Property
Order VIII Written Statement And Set-Off XXXIV
Order IX Appearance of Parties and Consequence Of Non- Order Interpleader
Appearance XXXV
Order X Examination Of Parties By The Court Order Special Case
Order XI Discovery And Inspection XXXVI
Order XII Admissions Order Summary Procedure On Negotiable: Instruments
Order XIII Production, Impounding And Return Of Documents XXXVII
Order XIV Settlement Of Issues And Determination Of Suit On Order Arrest and Attachment Before Judgment
Issues Of Law Or On Issues Agreed Upon XXXVIII
Order XV Disposal Of The Suit At The First Hearing Order Temporary Injunctions And Interlocutory Orders
Order XVI Summoning And Attendance Of Witnesses XXXIX
Order XVII Adjournments Order XL Appointment OK, Receivers
Order XVIII Hearing Of The Suit And Examination Of Witnesses Order XLI Appeals From Original Decrees
Order XIX Affidavits Order XLII Appeals From Appellate Decrees
Order XX Judgment And Decree Order XLIII Appeals From Orders
Order XXI Execution Of Decrees And Orders Order XLIV Pauper Appeals
Order XXII Death, Marriage And Insolvency Of Parties Order XLV Appeals To The Supreme Court
Order XXIII Withdrawal and Adjustment of Suits Order XLVI Reference
Order XXIV Payment Into Court Order XLVII Review
Order XXV Security For Costs Order Miscellaneous
Order XXVI XLVIII
Commissions
Order Order XLIX Chartered High Courts
Suits By Or Against The Government Or Public Officers
XXVII In Their Official Capacity Order L Provincial Small Cause Courts
Order Suits Involving A Substantial Question Of Law As To Order LI Presidency Small Cause Courts
XXVIIA The Interpretation Of The Constitution Appendices to The First Schedule
Order Suits By Or Against Military Or Naval Men Or Airmen Appendix Pleadings
XXVIII A
Order XXIX Suits By Or Against Corporations Appendix Process
Order XXX Suits By Or Against Firms And Persons Carrying On B
Business In Names Other Than Their Own Appendix Discovery, Inspection And Admission
Order XXXI Suits By Or Against Trustees, Executors And C
Administrators Appendix Decrees
Order Suits By Or Against Minors And Persons Of Unsound D
XXXII Mind Appendix E Execution
Appendix F Supplemental Proceedings
Appendix Appeal, Reference And Review
G
Appendix Miscellaneous
H
The [Arbitration.] Rep.by the Arbitration Act, 1940 (10 of
Second 1940), s.49 (1) and Sch.III.
Schedule
The Third Execution Of Decrees By Collectors
Schedule
The Fourth [Enactment's amended] Rep.by the Repealing and
Schedule Amending Act, 1952 (48 of 1952), s.2 and Sch.I.
The Fifth [Enactments repealed.] Rep.by the Second Repealing
Schedule and Amending Act, 1914 (17 of 1914),s.3 and Sch.II.
 Constitution of India, 1949 19 Protection of certain rights regarding freedom of
speech, etc.
Contents 20 Protection in respect of conviction for offences
Sections Particulars 21 Protection of life and personal liberty
Preamble 22 Protection against arrest and detention in certain
Part I The Union And Its Territory cases
1 Name and territory of the Union Right against Exploitation
2 Admission or establishment of new States 23 Prohibition of traffic in human beings and forced labor
2A [Repealed] 24 Prohibition of employment of children in factories, etc.
3 Formation of new States and alteration of areas, Right to Freedom of Religion
boundaries or names of existing States 25 Freedom of conscience and free profession, practice
4 Laws made under articles 2 and 3 to provide for the and propagation of religion
amendment of the First and the Fourth Schedules 26 Freedom to manage religious affairs
and supplemental, incidental and consequential 27 Freedom as to payment of taxes for promotion of any
matters particular religion
Part II Citizenship 28 Freedom as to attendance at religious instruction or
5 Citizenship at the commencement of the Constitution religious worship in certain educational institutions
6 Rights of citizenship of certain persons who have Cultural and Educational Rights
migrated to India from Pakistan 29 Protection of interests of minorities
7 Rights of citizenship of certain migrants to Pakistan 30 Right of minorities to establish and administer
8 Rights of citizenship of certain persons of Indian educational institutions
origin residing outside India 31 [Repealed]
9 Persons voluntarily acquiring citizenship of a foreign Saving of certain laws
State not to be citizens 31A Saving of laws providing for acquisition of estates,
10 Continuance of the rights of citizenship etc.
11 Parliament to regulate the right of citizenship by law 31B Validation of certain Acts and Regulations
Part III Fundamental Rights 31C Saving of laws giving effect to certain directive
General principles
12 Definition 31D [Repealed]
13 Laws inconsistent with or in derogation of the Right to Constitutional Remedies
fundamental rights Right of Equality 32 Remedies for enforcement of rights conferred by this
14 Equality before law Part
15 Prohibition of discrimination on grounds of religion, 32A [Repealed]
race, caste, sex or place of birth 33 Power of Parliament to modify the rights conferred by
16 Equality of opportunity in matters of public this Part in their application, etc.
employment 34 Restriction on rights conferred by this Part while
17 Abolition of untouchability martial law is in force in any area
18 Abolition of titles 35 Legislation to give effect to the provisions of this Part
Right to Freedom Part IV Directive Principles Of State Policy
36 Definition 58 Qualifications for election as President
37 Application of the principles contained in this Part 59 Conditions of President’s office
38 State to secure a social order for the promotion of 60 Oath or affirmation by the President
welfare of the people 61 Procedure for impeachment of the President
39 Certain principles of policy to be followed by the State 62 Time of holding election to fill vacancy in the office of
39A Equal justice and free legal aid President and the term of office of person elected to
40 Organization of village panchayats fill casual vacancy
41 Right to work, to education and to public assistance in 63 The Vice-President of India
certain cases 64 The Vice-President to be ex-officio Chairman of the
42 Provision for just and humane conditions of work and Council of States
maternity relief 65 The Vice-President to act as President or to
43 Living wage, etc., for workers discharge his functions during casual vacancies in the
43A Participation of workers in management of industries office, or during the absence, of President
44 Uniform civil code for the citizens 66 Election of Vice-President
45 Provision for free and compulsory education for 67 Term of office of Vice-President
children 68 Time of holding election to fill vacancy in the office of
46 Promotion of educational and economic interests of Vice-President and the term of office of person
Scheduled Castes, Scheduled Tribes and other elected to fill casual vacancy
weaker sections 69 Oath or affirmation by the Vice-President
47 Duty of the State to raise the level of nutrition and the 70 Discharge of President’s functions in other
standard of living and to improve public health contingencies
48 Organization of agriculture and animal husbandry 71 Matters relating to, or connected with, the election of
48A Protection and improvement of environment and a President or Vice-President
safeguarding of forests and wild life 72 Power of President to grant pardons, etc., and to
49 Protection of monuments and places and objects of suspend, remit or commute sentences in certain
national importance cases
50 Separation of judiciary from executive 73 Extent of executive power of the Union Council of
51 Promotion of international peace and security Ministers
Part IVA Fundamental Duties 74 Council of Ministers to aid and advise President
51A Fundamental duties 75 Other provisions as to Ministers
Part V The Union The Attorney-General for India
Chapter I The Executive 76 Attorney-General for India
The President and Vice-President Conduct of Government Business
52 The President of India 77 Conduct of business of the Government of India
53 Executive power of the Union 78 Duties of Prime Minister as respects the furnishing of
54 Election of President information to the President, etc.
55 Manner of election of President Chapter Parliament
56 Term of office of President II
57 Eligibility for re-election General
79 Constitution of Parliament Disqualifications of Members
80 Composition of the Council of States 101 Vacation of seats
81 Composition of the House of the People 102 Disqualifications for membership
82 Readjustment after each census 103 Decision on questions as to disqualifications of
83 Duration of Houses of Parliament members
84 Qualification for membership of Parliament 104 Penalty for sitting and voting before making oath or
85 Sessions of Parliament, prorogation and dissolution affirmation under article 99 or when not qualified or
86 Right of President to address and send messages to when disqualified Powers, Privileges and Immunities
Houses of Parliament and its Members
87 Special address by the President 105 Powers, privileges, etc. of the Houses of Parliament
88 Rights of Ministers and Attorney-General as respects and of the members and committees thereof
Houses Officers of Parliament 106 Salaries and allowances of members
89 The Chairman and Deputy Chairman of the Council of Legislative Procedure
States 107 Provisions as to introduction and passing of Bills
90 Vacation and resignation of, and removal from, the 108 Joint sitting of both Houses in certain cases
office of Deputy Chairman 109 Special procedure in respect of Money Bills
91 Power of the Deputy Chairman or other person to 110 Definition of Money Bill
perform the duties of the office of, or to act as, 111 Assent to Bills
Chairman Procedures in Financial Matters
92 The Chairman or the Deputy Chairman not to preside 112 Annual financial statement
while a resolution for his removal from office is under 113 Procedure in Parliament with respect to estimates
consideration 114 Appropriation Bills
93 The Speaker and Deputy Speaker of the House of the 115 Supplementary, additional or excess grants
People 116 Votes on account, votes of credit and exceptional
94 Vacation and resignation of, and removal from, the grants
offices of Speaker and Deputy Speaker 117 Special provisions as to financial Bills
95 Power of the Deputy Speaker or other person to Procedure Generally
perform the duties of the office of, or to act as, 118 Rules of procedure
Speaker 119 Regulation by law of procedure in Parliament in
96 The Speaker or the Deputy Speaker not to preside relation to financial business
while a resolution for his removal from office is under 120 Language to be used in Parliament
consideration 121 Restriction on discussion in Parliament
97 Salaries and allowances of the Chairman and Deputy 122 Courts not to inquire into proceedings of Parliament
Chairman and the Speaker and Deputy Speaker Chapter Legislative Powers Of The President
98 Secretariat of Parliament III
Conduct of Business 123 Power of President to promulgate Ordinances during
99 Oath or affirmation by members recess of Parliament
100 Voting in Houses, power of Houses to act Chapter The Union Judiciary
notwithstanding vacancies and quorum IV
124 Establishment and Constitution of Supreme Court V
125 Salaries, etc., of Judges 148 Comptroller and Auditor-General of India
126 Appointment of acting Chief Justice 149 Duties and powers of the Comptroller and Auditor-
127 Appointment of ad hoc Judges General
128 Attendance of retired Judges at sittings of the 150 Form of accounts of the Union and of the States
Supreme Court 151 Audit reports
129 Supreme Court to be a court of record Part VI The States
130 Seat of Supreme Court Chapter I General
131 Original jurisdiction of the Supreme Court 152 Definition
131A [Repealed] Chapter The Executive
132 Appellate jurisdiction of Supreme Court in appeals II
from High Courts in certain cases The Governor
133 Appellate jurisdiction of Supreme Court in appeals 153 Governors of States
from High Courts in regard to civil matters 154 Executive power of State
134 Appellate jurisdiction of Supreme Court in regard to 155 Appointment of Governor
criminal matters 156 Term of office of Governor
134A Certificate for appeal to the Supreme Court 157 Qualifications for appointment as Governor
135 Jurisdiction and powers of the Federal Court under 158 Conditions of Governor’s office
existing law to be exercisable by the Supreme Court 159 Oath or affirmation by Governor
136 Special leave to appeal by the Supreme Court 160 Discharge of the functions of the Governor in certain
137 Review of judgments or orders by the Supreme Court contingencies
138 Enlargement of the jurisdiction of the Supreme Court 161 Power of Governor to grant pardons, etc., and to
139. Conferment on the Supreme Court of powers to issue suspend, remit or commute sentences in certain
certain writs cases
139A Transfer of certain cases 162 Extent of executive power of State
140 Ancillary powers of Supreme Court Council of Ministers
141 Law declared by Supreme Court to be binding on all 163 Council of Ministers to aid and advise Governor
courts 164 Other provisions as to Ministers
142 Enforcement of decrees and orders of Supreme Court The Advocate-General for the State
and orders as to discovery, etc. 165 Advocate-General for the State
143 Power of President to consult Supreme Court Conduct of Government Business
144 Civil and judicial authorities to act in aid of the 166 Conduct of business of the Government of a State
Supreme Court 167 Duties of Chief Minister as respects the furnishing of
144A [Repealed] information to Governor, etc.
145 Rules of court, etc. Individual officers
146 Officers and servants and the expenses of the Chapter The State Legislature
Supreme Court III
147 Interpretation General
Chapter Comptroller And Auditor-General Of India 168 Constitution of Legislatures in States
169 Abolition or creation of Legislative Councils in States notwithstanding vacancies and quorum
170 Composition of the Legislative Assemblies Disqualifications of Members
171 Composition of the Legislative Councils 190 Vacation of seats
172 Duration of State Legislatures 191 Disqualifications for membership
173 Qualification for membership of the State Legislature 192 Decision on questions as to disqualifications of
174 Sessions of the State Legislature, prorogation and members
dissolution 193 Penalty for sitting and voting before making oath or
175 Right of Governor to address and send messages to affirmation under article 188 or when not qualified or
the House or Houses when disqualified
176 Special address by the Governor Powers, Privileges and Immunities of State
177 Rights of Ministers and Advocate-General as respects Legislatures and their Members
the Houses 194 Powers, privileges, etc., of the House of Legislatures
Officers of the State Legislature and of the members and committees thereof
178 The Speaker and Deputy Speaker of the Legislative 195 Salaries and allowances of members
Assembly Legislative Procedure
179 Vacation and resignation of, and removal from, the 196 Provisions as to introduction and passing of Bills
offices of Speaker and Deputy Speaker 197 Restriction on powers of Legislative Council as to Bills
180 Power of the Deputy Speaker or other person to other than Money Bills
perform the duties of the office of, or to act as, 198 Special procedure in respect of Money Bills
Speaker 199 Definition of Money Bills
181 The Speaker or the Deputy Speaker not to preside 200 Assent to Bills
while a resolution for his removal from office is under Governor’s assent to Bills
consideration 201 Bills reserved for consideration
182 The Chairman and Deputy Chairman of the Procedure in Financial Matters
Legislative Council 202 Annual financial statement
183 Vacation and resignation of, and removal from, the 203 Procedure in Legislature with respect to estimates
offices of Chairman and Deputy Chairman 204 Appropriation Bills
184 Power of the Deputy Chairman or other person to 205 Supplementary, additional or excess grants
perform the duties of the office of, or to act as, 206 Votes on account, votes of credit and exceptional
Chairman grants
185 The Chairman or the Deputy Chairman not to preside 207 Special provisions as to financial Bills
while a resolution for his removal from office is under Procedure Generally
consideration 208 Rules of procedure
186 Salaries and allowances of the Speaker and Deputy 209 Regulation by law of procedure in the Legislature of
Speaker and the Chairman and Deputy Chairman the State in relation to financial business
187 Secretariat of State Legislature 210 Language to be used in the Legislature
Conduct of Business 211 Restriction on discussion in the Legislature
188 Oath or affirmation by members 212 Courts not to inquire into proceedings of the
189 Voting in Houses, power of Houses to act Legislature
Chapter Legislative Power Of The Governor delivered by, certain district judges
IV 234 Recruitment of persons other than district judges to
213 Power of Governor to promulgate Ordinances during the judicial service
recess of Legislature 235 Control over subordinate courts
Chapter The High Courts In The States 236 Interpretation
V 237 Application of the provisions of this Chapter to certain
214 High Courts for States class or classes of magistrates
215 High Courts to be courts of record Part VII [Repealed]
216 Constitution of High Courts Part VIII The Union Territories
217 Appointment and conditions of the office of a Judge of 239 Administration of Union territories
a High Court 239A Creation of local Legislatures or Council of Ministers
218 Application of certain provisions relating to Supreme or both for certain Union territories
Court to High Courts 239B Power of administrator to promulgate Ordinances
219 Oath or affirmation by Judges of High Courts during recess of Legislature
220 Restriction on practice after being a permanent Judge 240 Power of President to make regulations for certain
221 Salaries etc., of Judges Union territories
222 Transfer of a Judge from one High Court to another 241 High Courts for Union territories
223 Appointment of acting Chief Justice 242 [Repealed]
224 Appointment of additional and acting Judges Part IX The Panchayats
224A Appointment of retired Judges at sittings of High 243 Definitions
Courts 243A Gram Sabha
225 Jurisdiction of existing High Courts 243B Constitution of Panchayats
226 Power of High Courts to issue certain writs 243C Composition of Panchayats
Students 243D Reservation of seats
226A [Repealed] 243E Duration of Panchayats, etc.
227 Power of superintendence over all courts by the High 243F Disqualifications for membership
Court 243G Powers, authority and responsibilities of Panchayats
228 Transfer of certain cases to High Court 243H Powers to impose taxes by, and funds of, the
228A [Repealed] Panchayats
229 Officers and servants and the expenses of High 243I Constitution of finance Commissions to review
Courts financial position
230 Extension of jurisdiction of High Courts to Union 243J Audit of accounts of Panchayats
territories 243K Elections to the Panchayats
231 Establishment of a common High Court for two or 243L Application to Union territories
more States 243M Part not to apply to certain areas
Chapter Subordinate Courts 243N Continuance of existing laws and Panchayats
VI 243O Bar to interference by courts in electoral matters
233 Appointment of district judges Election process (Gram Panchayats)
233A Validation of appointments of, and judgments, etc., Part IX A The Municipalities
243P Definitions 250 Power of Parliament to legislate with respect to any
243Q Constitution of Municipalities matter in the State List if a Proclamation of
243R Composition of Municipalities Emergency is in operation
243S Constitution and composition of wards Committees, 251 Inconsistency between laws made by Parliament
etc. under articles 249 and 250 and laws made by the
243T Reservation of seats Legislatures of States
243U Duration of Municipalities, etc. 252 Power of Parliament to legislate for two or more
243V Disqualifications for membership States by consent and adoption of such legislation by
243W Powers, authority and responsibilities of any other State
Municipalities, etc. 253 Legislation for giving effect to international
243X Power to impose taxes by, and funds, of, the agreements
Municipalities 254 Inconsistency between laws made by Parliament and
243Y Finance Commission laws made by the Legislatures of States
243Z Audit of accounts of Municipalities 255 Requirements as to recommendations and previous
243ZA Elections to the Municipalities sanctions to be regarded as matters of procedure
243ZB Application to Union territories only
243ZC Part not to apply to certain areas Chapter Administrative Relations
243ZD Committee for district planning II
243ZE Committee for Metropolitan Planning General
243ZF Continuance of existing laws and Municipalities 256 Obligation of States and the Union
243ZG Bar to interference by courts in electoral matters 257 Control of the Union over States in certain cases
Part X The Scheduled And Tribal Areas 257A [Repealed]
244 Administration of Scheduled Areas and Tribal Areas 258 Power of the Union to confer powers, etc., on States
244A Formation of an autonomous State comprising certain in certain cases
tribal areas in Assam and creation of local Legislature 258A Power of the States to entrust functions to the Union
or Council of Ministers or both therefor 259 [Repealed]
Part XI Relations Between The Union And The States 260 Jurisdiction of the Union in relation to territories
Chapter I Legislative Relations outside India
Distribution of Legislative Powers 261 Public acts, records and judicial proceedings
245. Extent of laws made by Parliament and by the Disputes relating to Waters
Legislatures of States 262 Adjudication of disputes relating to waters of inter-
246. Subject-matter of laws made by Parliament and by State rivers or river valleys
the Legislatures of States Co-ordination between States
247. Power of Parliament to provide for the establishment 263 Provisions with respect to an inter-State Council
of certain additional courts Part XII Finance, Property, Contracts And Suits
248. Residuary powers of legislation Chapter I Finance
249. Power of Parliament to legislate with respect to a General
matter in the State List in the national interest 264 Interpretation
265 Taxes not to be imposed save by authority of law
 Fee 287 Exemption from taxes on electricity
266 Consolidated Funds and public accounts of India and 288 Exemption from taxation by States in respect of water
of the States or electricity in certain cases
267 Contingency Fund 289 Exemption of property and income of a State from
Distribution of Revenues between the Union and Union taxation
the States 290 Adjustment in respect of certain expenses and
268 Duties levied by the Union but collected and pensions
appropriated by the States 290A Annual payment to certain Devaswom Funds
269 Taxes levied and collected by the Union but assigned 291 [Repealed]
to the States Chapter Borrowing
270 Taxes levied and distributed between the Union and II
the States 292 Borrowing by the Government of India
271 Surcharge on certain duties and taxes for purposes of 293 Borrowing by States
the Union Chapter Property, Contracts, Rights, Liabilities,
272 Taxes which are levied and collected by the Union III Obligations And Suits
and may be distributed between the Union and the 294 Succession to property, assets, rights, liabilities and
States obligations in certain cases
273 Grants in lieu of export duty on jute and jute products 295 Succession to property, assets, rights, liabilities and
274 Prior recommendation of President required to Bills obligations in other cases
affecting taxation in which States are interested 296 Property accruing by escheat or lapse or as bona
275 Grants from the Union to certain States vacantia
276 Taxes on professions, trades, callings and 297 Things of value within territorial waters or continental
employments shelf and resources of the exclusive economic zone
277 Savings to vest in the Union
278 [Repealed] 298 Power to carry on trade, etc.
279 Calculation of "net proceeds", etc. 299 Contracts
280 Finance Commission 300 Suits and proceedings
281 Recommendations of the Finance Commission Chapter Right To Property
Miscellaneous Financial Provisions IV
282 Expenditure defrayable by the Union or a State out of 300A Persons not to be deprived of property save by
its revenues authority of law
283 Custody, etc. of Consolidated Funds, Contingency Part XIII Trade, Commerce And Intercourse Within The
Funds and moneys credited to the public accounts Territory Of India
284 Custody of suitors’ deposits and other moneys 301 Freedom of trade, commerce and intercourse
received by public servants and courts 302 Power of Parliament to impose restrictions on trade,
285 Exemption of property of the Union from State commerce and intercourse
taxation 303 Restrictions on the legislative powers of the Union
286 Restrictions as to imposition of tax on the sale or and of the States with regard to trade and commerce
purchase of goods 304 Restrictions on trade, commerce and intercourse
 among States Regulation and Prohibition must be 323A Administrative tribunals
distinguished from each other 323B Tribunals for other matters
305 Saving of existing laws and laws providing for State Part XV Elections
monopolies 324 Superintendence, direction and control of elections to
306 [Repealed] be vested in an Election Commission
307 Appointment of authority for carrying out the purposes 325 No person to be ineligible for inclusion in, or to claim
of articles 301 to 304 to be included in a special, electoral roll on grounds of
Part XIV Services Under The Union And The States religion, race, caste or sex
Chapter I Services 326 Elections to the House of the People and to the
308 Interpretation Legislative Assemblies of States to be on the basis of
309 Recruitment and conditions of service of persons adult suffrage
serving the Union or a State 327 Power of Parliament to make provision with respect to
310 Tenure of office of persons serving the Union or a elections to Legislatures
State 328 Power of Legislature of a State to make provision with
311 Dismissal, removal or reduction in rank of persons respect to elections to such Legislature
employed in civil capacities under the Union or a 329 Bar to interference by courts in electoral matters
State 329A [Repealed]
312 All-India Services Part XVI Special Provisions Relating To Certain Classes
312A Power of Parliament to vary or revoke conditions of 330 Reservation of seats for Scheduled Castes and
service of officers of certain services Scheduled Tribes in the House of the People
313 Transitional provisions 331 Representation of the Anglo-Indian community in the
314 [Repealed] House of the People
Chapter Public Service Commission 332 Reservation of seats for Scheduled Castes and
II Scheduled Tribes in the Legislative Assemblies of the
315 Public Service Commissions for the Union and for the States
States 333 Representation of the Anglo-Indian community in the
316 Appointment and term of office of members Legislative Assemblies of the States
317 Removal and suspension of a member of a Public 334 Reservation of seats and special representation to
Service Commission cease after fifty years
318 Power to make regulations as to conditions of service 335 Claims of Scheduled Castes and Scheduled Tribes to
of members and staff of the Commission services and posts
319 Prohibition as to the holding of offices by members of 336 Special provision for Anglo-Indian community in
Commission on ceasing to be such members certain services
320 Functions of Public Service Commissions 337 Special provision with respect to educational grants
321 Power to extend functions of Public Service for the benefit of Anglo-Indian community
Commissions 338 Special Officer for Scheduled Castes and Scheduled
322 Expenses of Public Service Commission Tribes, etc.
323 Reports of Public Service Commissions 339 Control of the Union over the administration of
Part XIVA Tribunals Scheduled Areas and the welfare of Scheduled Tribes
340 Appointment of a Commission to investigate the machinery in State
conditions of backward classes 357 Exercise of legislative powers under Proclamation
341 Scheduled Castes issued under article 356
342 Scheduled Tribes 358 Suspension of provisions of article 19 during
Part XVII Official Language emergencies
Chapter I Language Of The Union 359 Suspension of the enforcement of the rights conferred
343 Official language of the Union by Part III during emergencies
344 Commission and Committee of Parliament on official 359A [Repealed]
language 360 Provisions as to financial emergency
Chapter Regional Languages Part XIX Miscellaneous
II 361 Protection of President and Governors and
345 Official language or languages of a State Rajpramukhs
346 Official language for communication between one 361A Protection of publication of proceedings of Parliament
State and another or between a State and the Union and State Legislature
347 Special provision relating to language spoken by a 362 [Repealed]
section of the population of a State 363 Bar to interference by courts in disputes arising out of
Chapter Language Of The Supreme Court, High Courts, certain treaties, agreements, etc.
III Etc 363A Recognition granted to Rulers of Indian States to
348 Language to be used in the Supreme Court and in the cease and privy purses to be abolished
High Courts and for Acts, Bills, etc. 364 Special provisions as to major ports and aerodromes
349 Special procedure for enactment of certain laws 365 Effect of failure to comply with, or to give effect to,
relating to language directions given by the
Chapter Special Directives 366 Definitions
IV 367 Interpretation
350 Language to be used in representations for redress of Part XX Amendment Of The Constitution
grievances 368 Power of Parliament to amend the Constitution and
350A Facilities for instruction in mother-tongue at primary procedure therefor
stage Part XXI Temporary, Transitional And Special Provisions
350B Special Officer for linguistic minorities 369 Temporary power to Parliament to make laws with
351 Directive for development of the Hindi language respect to certain matters in the State List as if they
Part XVIII Emergency Provisions were matters in the Concurrent List
352 Proclamation of Emergency 370 Temporary provisions with respect to the State of
353 Effect of Proclamation of Emergency Jammu and Kashmir
354 Application of provisions relating to distribution of 371 Special provision with respect to the States of
revenues while a Proclamation of Emergency is in Maharashtra and Gujarat
operation 371A Special provision with respect to the State of
355 Duty of the Union to protect States against external Nagaland
aggression and internal disturbance 371B Special provision with respect to the State of Assam
356 Provisions in case of failure of constitutional 371C Special provision with respect to the State of Manipur
371D Special provisions with respect to the State of Andhra Eighth Schedule
Pradesh Ninth Schedule
371E Establishment of Central University in Andhra Tenth Schedule
Pradesh Eleventh Schedule
371F Special provisions with respect to the State of Sikkim Twelfth Schedule
371G Special provision with respect to the State of Mizoram
371H Special provision with respect to the State of
Arunachal Pradesh
371-I Special provision with respect to the State of Goa
372 Continuance in force of existing laws and their
adaptation
372A Power of the President to adapt laws
373 Power of President to make order in respect of
persons under preventive detention in certain cases
374 Provisions as to Judges of the Federal Court and
proceedings pending in the Federal Court or before
His Majesty in Council
375 Courts, authorities and officers to continue to function
subject to the provisions of the Constitution
376 Provisions as to Judges of High Courts
377 Provisions as to Comptroller and Auditor-General of
India
378 Provisions as to Public Service Commissions
378A Special provisions as to duration of Andhra Pradesh
Legislative Assembly
379-391 [Repealed]
392 Power of the President to remove difficulties
Part XXII Short title, commencement, Authoritative text in
Hindi and Repeals
393 Short title
394 Commencement
395 Repeals
Schedule First Schedule
Second Schedule
Third Schedule
Fourth Schedule
Fifth Schedule
Sixth Schedule
Seventh Schedule
 Arrest
I. Introduction
Section 41 to 50 of the Code deals with provisions related to arrest of
persons and rights of such persons. A trial before a Magistrate initiates
when the accused person is brought before him. Attendance of accused
before Magistrate can be secured by his arrest. That is why arrest is the
first step in the process of investigation and trial. Arrest may be with or
without warrant.
According to Black's Law Dictionary arrest means "To keep a person in
lawful custody. A warrant, statute or crime can authorize this." Arrest
means taking a person in custody under legal authority. If a dacoit
wrongfully confines any person it will not amount to arrest.
II. Reasons for Arrest
a. Arrest may be made for securing attendance of accused at trial.
b. As a preventive or precautionary measure.
c. For obtaining correct name and address
d. for removing obstructions to police.
e. For capturing a person escaped from custody.
III. Types of Arrest
With Warant:
i. In all warrant cases.
ii. In summons cases if necessary, for bringing the accused in court.
iii. In case of breach of bond for appearance.
iv. Issued by Magistrate u/s 70-81 in case of cognizable or non
cognizable offences.
v. Reasons to believe that accused has absconded or will not obey the
summons.
When can be issued:
i. Upon receiving a complaint.
ii. Information provided by a person not a police officer.
iii. Knowledge of the Magistrate himself.
Without Warrant: S. 41
i. By Police officer in case of cognizable offence in his presence.
ii. By officer in-charge of Police Station
iii. By a magistrate
iv. By Private Persons
v. Complaint, reasonable suspicion, credible information that has
committed a cognizable offence.
vi. Proclaimed offender
vii. Deserter from the armed forces
viii. A released convict commits a breach of any rule made under sub-
section (5) of section 365
ix. Obstructing the duty of police or escaped from custody.
x. Possession of stolen property
xi. Concerned with any act outside India which is an offence in India
xi. Arrest for non disclosure of name and residence. S. 42
xii. Person for whose arrest requisition has been received
xiii. Any person designing to commit any cognizable offence
xiv. Any person whose suspension of sentence is cancelled by
Government.
xv. Any habitual Robber, house-breaker, thief, forger, receiver of stolen
property, protector of thieves or habitual offender.
xvi. Commits non-cognizable offence in presence of police.
Amendments after 2009, post D.K. Basu v. State of W.B.
Section 41 B:
Every police officer while making an arrest shall-
i. bear an accurate, visible and clear identification of his name which
will facilitate easy identification;
ii. prepare a memorandum of arrest which shall be-
a. attested by at least one witness, who is a member of the family of the
person arrested or a respectable member of the locality where the arrest
is made;
b. countersigned by the person arrested; and
iii. inform the person arrested, unless the memorandum is attested by a
member of his family, that he has a right to have a relative or a friend
named by him to be informed of his arrest.
Section 41 C:
The State Government shall establish a Police Control Room in every
District and State level.
Section 41 D:
Arrested person shall be entitled to meet an advocate of his choice
during interrogation, though not throughout interrogation.
Arrest by Private Persons: S. 43
A private person can arrest without warrant any person'
i. who commits a non-bailable and cognizable offence in his presence
ii. Who is a proclaimed offender
iii. When warrant to arrest any person is directed to him.
Arrest by Magistrate: S. 44
An Executive or Judicial Magistrate can arrest without warrant any
person,
i. Who has committed an offence in his presence
ii. For whose arrest he is competent to issue a warrant.
Arrest how made: S. 46
i. Police Officer shall actually touch or confine the body of the person to
be arrested, unless there be a submission to the custody by word or
action.
ii. If such person forcibly resists the endeavour to arrest him, or attempts
to evade the arrest, such police officer or other person may use all me
ans necessary to effect the arrest.
iii. Nothing in this section gives a right to cause the death of a person
who is not accused of an offence punishable with death or with
imprisonment for life.
Arrest of Woman: S. 46(4)
Save in exceptional circumstances, no women shall be arrested after
sunset and before sunrise, and where such exceptional circumstances
exist, the woman police officer shall, by making a written report, obtain
the prior permission of the Judicial Magistrate of the first class within
whose local jurisdiction the offence is committed or the arrest is to be
made.
Guidelines for arresting a Judicial Officer: Delhi Judicial Service Assn.
v. State of Gujarat
i. A judicial officer should be arrested for any offence under intimation
to the District Judge or the High Court.
ii. In case of necessity for immediate arrest only a technical or formal
arrest may be effected.
iii. Arrest should be immediately communicated to the District Judge
and Sessions Judge of the district concerned and the Chief Justice of the
High Court.
iv. Arrested Judicial Officer shall not be taken to a Police Station,
without the prior order or direction of the District and Sessions Judge of
the concerned district, if available.
v. Immediate facilities should be provided to the judicial officer for
communication with his family member, legal advisor and judicial
officer, including the District and Sessions Judge.
vi. No statement of a judicial officer who is under arrest be recorded nor
any panchnama be drawn up nor any medical tests be conducted except
in the presence of the Legal
Advisor of the judicial officer concerned or another judicial officer of
equal or higher rank, if available.
vi. Ordinarily there should be no handcuffing of a judicial officer.
These guidelines are not exhaustive.
D.K. Basu v. State of W.B. 1996
Keeping in view Article 21 of the Constitution, Rule of Law and hand
reality of custodial violence, physical torture by police, the Supreme
Court issued directions to be followed in all cases of arrest as preventive
measures. These direction were later implemented in the Code by
various Amendments.
Rights of accused:
i. Right to know grounds of arrest.
ii. Right to bail
iii. Right to be produced before Magistrate within 24 hours
iv. Right to inform relatives, friends
v. Right to consult lawyer
vi. Right to be examined by doctor
Rights and Duties of arresting persons:

i. All powers to effect arrest.
ii. Necessary force can be used adequately
iii. Power of search and seizure
iv. Medical examination of accused
Illegal Arrest Remedies:
i. Offence of wrongful confinement punishable under IPC.
ii. Right to private defence.
iii. Habeas Corpus
iv. Suit for damages and compensation
v. Offences affecting fundamental rights.
Immunity to certain persons from arrest:
i. To President of India and Governors of States
ii. To members of armed force for anything done in official duty with
approval
iii. To members of Judicial Services in most cases
Bail
I. Introduction
Sections 436-450 deal with provisions of bail and bond. There are two
types of offences bailable and non-bailable. The Code has not provided
a definition of 'bail' although the terms 'bailable offences and 'non-
bailable offences' have been defined.
The Law Lexicon defines bail as security for the appearance of the
accused person on giving which he is released pending trial or
investigation.
According to the Black's Law Dictionary bail is to procure the release of
a person from legal custody, by undertaking that he shall appear at the
time and place designated and submit himself to the jurisdiction and
judgement of the court.
Bail covers both release on one's own bond, with or without sureties.
[Moti Ram v. State of MP]
It is a process to set a person free who is under arrest or detention by
taking security for his appearance.
II. Bailable and Non-Bailable Offences
All offences are classified into bailable or non-bailable in the Code.
According to Section 2(a) bailable offence means an offence which is
shown as bailable as per the First Schedule or which is made bailable by
any other law for the time being in force. Non-bailable offences means
all other offences which are not bailable. The Code does not provide any
test or criterion to determine whether any particular offence is bailable
or non-bailable. The Schedule refers to all the offences under the IPC
and divides them into bailable or non-bailable offences.
III. When bail may be granted
A. Bail as of Right
i. In Bailable offences : In all bailable offences bail can be claimed as of
right. But if a person fails to comply with condition of bail bond, the
Court may refuse to release him on bail when on subsequent occassion
in the same case he appears.
ii. Where investigation is not over within prescribed period : Where the
person is in custody and the investigation is not over within 90 days
where the offence is punishable with death, life imprisonment or
imprisonment for 10 years or more and 60 in case of other offences,
then in such cases accused can claim bail as of right.
iii. If any person is arrested in any non bailable offence and if at any
stage of investigation it appears to the court that such offence is
bailable, in such case the person has to be released on bail.
iv. Maximum period of detention is over: According to Section 436A an
undertrial prisoner other than the one accused of an offence punishable
with death, shall be released on bail if he has been under detention for a
period of more than one half of the maximum sentence provided for
such alleged offence.
v. Where trial is not over within prescribed period : In a case triable by
Magistrate, trial of a person accused of any non-bailable offence is not
concluded within 60 days from the first date fixed for taking evidence in
the case, such person shall if he is in custody be released on bail unless
the Magistrate directs reason for not granting bail.
vi. When there are no reasonable grounds to believe accused is guilty: If
in non-bailable offence after concluding trial and before pronouncing
judgement if court is of opinion that the person is not guilty of such
offence, it may grant him bail.
B. Discretion to grant bail
i. Non-bailable offences S. 437 : Where any person accused of any non-
bailable offence is arrested by police without warrant and brought
before the court other than HC or Sessions Court he may be released on
bail after recording reasons, if such offence is not punishable with death
or imprisonment for life.
ii. Where accused is minor, woman, etc. : Where the person accused of
any non-bailable offence is arrested without warrant by police, he may
be released on bail if such person is minor, woman, sick person.
iii. Offences punishable with imprisonment for seven years or more, in
such cases court may impose conditions as required to grant bail.
iv. Anticipatory Bail only HC and and Sessions Court can grant
anticipatory bail.
C. Hearing of Public Prosecutor
If the offence is punishable with death, imprisonment for life or for
more than 7 years, such person cannot be released on bail without
hearing the public prosecutor
D. Recording of reasons
When a person accused of a non bailable offence punishable with death
or imprisonment for life is released on bail, then such police officer or
Court must record reasons in writing for granting bail. If reasons are not
recorded order can be set aside by superior Court.
E. Special powers of HC and Sessions Court
HC and Sessions Court have powers to release any person on bail. They
also have powers to set aside or modify conditions imposed by
Magistrate before granting bail.
F. Conditions
By imposing conditions on bail, Court ensures that the accused shall
attend the Court in accordance with the conditions of bond executed by
him and he shall not commit the same offence while on bail.
Ex. of Conditions
i. He shall not leave the country
ii. He shall not enter specific area, village or town
iii. Shall report at intervals to the Police Station
iv. He shall not tamper evidence, hamper investigation, etc.
If some conditions are not expressed it does not mean the accused has
right to do such acts as some conditions are implied.
G. Successive applications :
If bail is rejected once, application can be made again on the grounds of
new facts and circumstances and development of material.
IV. Anticipatory Bail
Anticipatory bail means bail in anticipation of arrest. When Court grants
anticipatory bail, it makes an order that in the event of an arrest, a
person shall be released on bail.
S. 438: When any person has reasons to believe that he may be arrested
on an accusation of having committed a non-bailable offence, he may
apply to HC or Sessions Court, such court if it thinks fit direct that in
the event of such arrest he shall be released on bail.
Conditions:
HC and Sessions Court while granting such bail may impose conditions
as it thinks fit. Such as,
i. Person shall make himself available in police station for interrogation
when required.
ii. He shall not make any inducement, threat or promise to any person
acquainted with facts of the case.
iii. He shall not leave India without prior permission of the Court
iv. Any other condition as required.
After arrest such person shall be released on bail on presentation of such
bail.
Malimath Committee's report :Committe observed that provision of
Anticipatory bail is misused by rich and influential people. The
Committee suggested that the petition for anticipatory bail should be
heard only by court of competent jurisdiction.
Notice to Public Prosecutor : If the Court does not reject the application
for anticipatory bail and makes and interim order for bail, then it should
give notice to public prosecutor and superintendent of police for the
purpose of re-examining question of granting bail.
Presence of Applicant : The presence of person seeking anticipatory bail
in the court should be made mandatory at the time of hearing of the
application subject to certain exceptions.
V. Cancellation of Bail
Rejection of bail when bail is applied is one thing and cancellation of
bail already granted is different. Cancellation involves review of
decision already made and it can be permitted only if there is harm to
the trial from accused. [State (Delhi Administration) v. Sanjay Gandhi
1978]
Courts have power to cancel bail granted and to order arrest of person.
Bail cannot be cancelled without giving notice to accused an
opportunity of being heard.
FIR
I. Introduction
FIR i.e. First Information Report sets the criminal law in motion. It is
the first piece of information received by a police officer about a
cognizable offense. Section 154 of the code deals with FIR.
II. Meaning
FIR is not defined anywhere in the code. But the report under Section
154 is usually referred to as the First Information Report i.e. FIR. It is
the information given to the police relating to cognizable offence.
III. Object
The most important object of a FIR is to obtain early information of
alleged offence from the informant and to put into writing the statement
before his memory fails or before he gets time to decorate it. The
information is very important to the accused too as he comes to know
the facts stated about the occurrence of the incidence. It safeguards him
from subsequent variations and additions.
IV. Nature and Scope
It is not necessary that the information should be given by an
eyewitness. it may be hearsay in nature. it may come from an
anonymous source, it need not be in writing.
It cannot be given by a telephonic message. [Tapinder Singh v. State
1970]
IV. FIR distinguished from Complaint
FIR is given to a police officer and it should be related to cognizable
offences. An investigation is started by a Police Officer upon receiving
the information. FIR may be given by any person including a Police
Officer. If Magistrate does not choose to take any action, he need not
record reasons or pass any action.
A Complaint is given to a Magistrate. It may relate to cognizable or
non-cognizable offences. Magistrate takes cognizance on complaint
made to him. A complaint does not include police report. On receiving a
complaint Magistrate has to decide whether to permit the complaint or
not. He may make inquiry or order an inquiry or dismiss complaint after
recording reasons.
V. Requirements of a FIR
FIR must fulfil the following conditions:
1. It must be given to officer in charge of the Police Station.
2. It must relate to commission of cognizable offence.
3. It must be the earliest report of commission of offence on which
investigation starts.
4. It must be in writing or reduced in writing (if oral) and must be
signed by informant.
5. The information reduced in writing must be read out to the informant
and the copy of it should be given to the informant free of cost.
6. The substance of the information must be entered in the book called
'station diary' or 'general diary'
FIR may or may not contain all details and particulars as to the incident.
It is sufficient if it indicates commission of crime so as to enable the
police to start investigation. Elaborate account of everything what
happened is not necessary.
VI. Delay in filing FIR
Neither CrPC nor the Limitation act prescribes any period of limitation
for filing an FIR. A mere delay in filing an FIR is not enough to reject
the case of the prosecution. But long and unexplained delay may create
doubt or raise suspicion as to how the incident had happened or were
accused person involved or not. in such a case there is a possibility of
false implications. Delay in forwarding the FIR to the Magistrate by the
officer in charge may be fatal.
VII. Evidentiary value of FIR
FIR is an important and valuable document but it is not a substantive or
primary piece of evidence of the facts stated therein.
It can be used for corroboration under Section 157, Evidence Act, 1872
or contradicting statements under Section 145 of the Act if the
informant is called as a witness at the time of trial.[Ravi Kumar v. State
of Punjab 2005] The evidentiary value depends on the facts and
circumstances of each case. FIR may become relevant under Section 8
of the Evidence Act.
First Information Report, it is well settled, need not be an encyclopedic
one. It need not contain all the details of the incident. [Bishna @
Bhiswadeb Mahato & Ors vs State Of West Bengal 2005]
FIR by Accused:
Sometimes it may happen that the person lodging FIR is charged with
the offence for which the report was lodged by him. Such contingencies
may arise in the following cases:
a. Where FIR is confessional in nature b. Where FIR is not confessional
one but the investigation on the basis of such report reveals involvement
of the person lodging the report in the crime.
The settled legal position is that if the report is confessional, it is not
admissible in evidence. But if it is not confessional then it is admissible
in evidence against the accused. A statement contained in FIR furnished
by one of the accused in the case cannot be used against another
accused.
VIII. First Information in other cases - Section 155
When information is given to officer in charge of a police station about
commission of non-cognizable offence, he should enter substance of
such information in prescribed book and refer the information to
Magistrate. He cannot investigate a non cognizable case without the
order of the Magistrate having authority to try any such case. But if case
is related to two or more offences one of which is cognizable offence, it
shall be deemed to be a cognizable case.
Confessional Statement
I. Meaning
A confession is an admission made by a person at any time charged
with an offence or suggesting an inference that he has committed the
offence. In order to constitute a confession it must relate to the
admission of the offence or substantially all the facts which constitute
the offence.
According to Section 25 of the Evidence Act, any confession made to
the police officer is inadmissible in evidence. Thus the code provides a
special procedure for recording confessions under Section 164.
II. Provisions related to confessions:
1. Who may record a confession?
A confession or a statement can be recorded only by a Judicial or
Metropolitan magistrate. [State of UP v. Singhara Singh]
No confession shall be recorded by a police officer. If any Executive
Magistrate or any other Magistrate not empowered to record a
confession does so, the record shall be inadmissible in evidence. [Ram
Prasad v. State of Maharashtra]
2. Stages at which confession may be recorded.
A confession or a statement can be recorded in the course of
investigation or at anytime afterwards, before the commencement of the
inquiry or trial
3. Steps to be taken by the Magistrate before recording confession -
S.164 (2)
Before recording the confession the Magistrate is required to explain to
the person making the confession that -
i. He is not bound to make such a statement
ii. If he does so it might be used as evidence against him.
4. Confession should be voluntary - S.164(3)
The magistrate shall not record a confession unless upon questioning the
person making it, he has a reason to believe that it is being made
voluntarily.
The Courts have formulated the following directions in order to ensure
the voluntary nature of confessions:
i. After warning the person making the confession the Magistrate shall
give the maker adequate time to think and reflect.
ii. The Magistrate must disclose his identity to the maker so as to assure
him that he is not under the influence of the police.
iii. The accused shall be assured of protection from any sort of
apprehend torture from the police.
iv. The accused should be asked the reasons for the making of such
statement which could be used against him during the trial.
v. The Magistrate must assure the accused that he would not be
remanded to the police lockup in case he refuses to make a confession.
Manner for recording confession - 164(4)
The confession shall be recorded in the manner provided in S. 281 of
the Code and shall be signed by the person making it.
Section 281 : Record of examination of accused
(1) Whenever the accused is examined by a Metropolitan Magistrate,
the Magistrate shall make a memorandum of the substance of the
examination of the accused in the language of the court and such
memorandum shall be signed by the Magistrate and shall form part of
the record.
(2) Whenever the accused is examined by any Magistrate other than a
Metropolitan Magistrate, or by a Court of Session, the whole of such
examination, including every question put to him and every answer
given by him, shall be recorded in full by the or other incapacity, under
his direction and superintendence by an officer of the court appointed by
him in this behalf.
(3) The record shall, if practicable, be in the language in which the
accused is examined or, if that is not practicable in the language of the
court.
(4) The record shall be shown or read to the accused, or, if he does not
understand the language in which it is written, shall be interpreted to
him in a language, which he understands, and he shall be at liberty to
explain or add to his answers.
(5) It shall thereafter be signed by the accused and by the Magistrate or
presiding Judge, who shall certify under his own hand that the
examination was taken in his presence and hearing and that the record
contains a full and true account of the statement made by the accused.
Non Compliance with S. 164/281 - S. 463
(1) If any Court before which a confession or other statement of an
accused person recorded, or purporting to be recorded under section 164
or section 281, is tendered, or has been received, in evidence finds that
any of the provisions of either of such sections have not been complied
with by the Magistrate recording the statement, it may, notwithstanding
anything contained in section 91 of the Indian Evidence Act, 1872 (1 of
1872 ), take evidence in regard to such non- compliance, and may, if
satisfied that such non- compliance has not injured the accused in his
defence on the merits and that he duly made the statement recorded,
admit such statement.
(2) The provisions of this section apply to Courts of appeal, reference
and revision.
Evidentiary value of Confession :
It is a well settled principle that a confession if voluntary and truthfully
made is an efficient proof of guilt and can be made the basis for
conviction. The double test for basing a conviction on a confession is :
i. Whether the confession was voluntary;
ii. If so whether it is true and trust worthy.
Once the first test is satisfied, the Court should evaluate the confession
and carefully examine it in order to satisfy himself of the veracity and
trust worthiness of the confession.
160. Police officer' s power to require attendance of witnesses.
(1) Any police officer, making an investigation under this Chapter may,
by order in writing, require the attendance before himself of any person
being within the limits of his own or any adjoining station who, from
the information given or otherwise, appears to be acquainted with the
facts and circumstances of the case; and such person shall attend as so
required: Provided that no male person under the age of fifteen years or
woman shall be required to attend at any place other than the place in
which such male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for
the payment by the police officer of the reasonable expenses of every
person, attending under sub-section (1) at any place other than his
residence.
161. Examination of witnesses by police.
(1) Any police officer making an investigation under this Chapter, or
any police officer not below such rank as the State Government may, by
general or special order, prescribe in this behalf, acting on the
requisition of such officer, may examine orally any person supposed to
be acquainted with the facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to
such case put to him by such officer, other than questions the answers to
which would have a tendency to expose him to a criminal charge or to a
penalty or forfeiture.
(3) The police officer may reduce into writing any statement made to
him in the course of an examination under this section; and if he does
so, he shall make a separate and true record of the statement of each
such person whose statement he records.
Statement may also be recorded by audio or video electronic mode.
Statement by woman affecting crimes of woman under IPC shall be
recorded by woman police officer or any woman officer.
Evidentiary value of statements : S. 162
1. Statement to police is not to be signed whether in a police diary or
otherwise.
2.Nothing in this section shall be deemed to apply to any statement
falling within the provisions of clause (1) of S. 32 of Evidence Act or
affect the provisions os S. 27 of the Act.
The Magistrate is not to record any such confession unless upon
questioning the person making it. it has reason to believe that it has been
made voluntarily. [Tulsi Singh v. State of Punjab]
 23 What consideration and objects are lawful, and what not
24 Agreements void, if considerations and objects unlawful
in part
[Act No. 9 of Year 1872, dated 25th. April, 1872] 25 Agreement without consideration, void, unless it is in
writing and registered or is a promise to compensate
Contents for something done or is a promise to pay a debt barred
Sections Particulars by limitation law
Preliminary 26 Agreement in restraint of marriage, void
1 Short title 27 Agreement in restraint of trade, void
2 Interpretation-clause 28 Agreements in restraint of legal proceedings, void
29 Agreements void for uncertainty
3 Communication, acceptance and revocation of 30 Agreements by way of wager, void
proposals Chapter Contingent Contracts
4 Communication when complete III
5 Revocation of proposals and acceptances 31 "Contingent contract" defined
6 Revocation how made 32 Enforcement of contracts contingent on an event
7 Acceptance must be absolute happening
8 Acceptance by performing conditions, or receiving 33 Enforcement of contract contingent on an event not
consideration happening
9 Promises, express and implied 34 When event on which contract is contingent to be
Chapter Contracts, Voidable Contracts, and Void deemed impossible, if it is the future conduct of a living
II Agreements person
10 What agreements are contracts 35 When contracts become void, which are contingent on
11 Who are competent to contract happening of specified event within fixed time
12 What is a sound mind for the purposes of contracting 36 Agreements contingent on impossible events, void
13 Consent defined Chapter Performance of Contracts which must be Performed
14 "Free consent" defined IV
15 "Coercion" defined 37 Obligations of parties to contracts
16 "Undue influence" defined 38 Effect of refusal to accept offer of performance
17 "Fraud defined 39 Effect of refusal of party to perform promise wholly
18 "Misrepresentation" defined 40 Person by whom promise is to be performed
19 Voidability of agreements without free consent 41 Effect of accepting performance from third person
19A Power to set aside contract induced by undue influence 42 Devolution of joint liabilities
20 Agreement void where both parties are under mistake 43 Any one of joint promisors may be compelled to perform
as to matter of fact 44 Effect of release of one joint promisor
21 Effect of mistakes as to law 45 Devolution of joint rights
22 Contract caused by mistake of one party as to matter of 46 Time for performance of promise, where no application
fact is to be made and no time is specified
47 Time and place for performance of promise, where time V Contract
is specified and no application to be made 68 Claim for necessaries supplied to person incapable of
48 Application for performance on certain day to be at contracting, or on his account
proper time and place 69 Reimbursement of person paying money due by
49 Place for the performance of promise, where no another, in payment of which he is interested
application to be made and no place fixed for 70 Obligation of person enjoying benefit of non-gratuitous
performance act
50 Performance, in manner or at time prescribed or 71 Responsibility of finder of goods
sanctioned by promisee 72 Liability of person to whom money is paid, or thing
51 Promisor not bound to perform, unless reciprocal delivered, by mistake or under coercion
promisee ready and willing to perform Chapter The Consequences of Breach of Contract
52 Order of performance of reciprocal promises VI
53 Liability of party preventing event on which contract is to 73 Compensation of loss or damage caused by breach of
take effect contract
54 Effect of default as to the promise which should be 74 Compensation for breach of contract where penalty
performed, in contract consisting of reciprocal promises stipulated for
55 Effect of failure to perform at fixed time, in contract in 75 Party rightfully rescinding contract, entitled to
which time is essential compensation
56 Agreement to do impossible act Chapter Sections 76-123
57 Reciprocal promise to do things legal, and also other VII
things illegal Chapter Indemnity and Guarantee
58 Alterative promise, one branch being illegal VIII
59 Application of payment where debt to be discharged is 124 "Contract of indemnity" defined
indicated 125 Right of indemnity-holder when sued
60 Application of payment where debt to be discharged is 126 "Contract of guarantee", "surety", "principal debtor" and
not indicated "creditor"
61 Application of payment where neither party appropriates 127 Consideration for guarantee
62 Effect of novation, rescission, and alteration of contract 128 Surety's liability
63 Promise may dispense with or remit performance of 129 Continuing guarantee
promise 130 Revocation of continuing guarantee
64 Consequence of rescission of a voidable contract 131 Revocation of continuing guarantee by surety's death
65 Obligation of person who has received advantage under 132 Liability of two persons, primarily liable, not affected by
void agreement, or contract that becomes void arrangement between them that one shall be surety on
66 Mode of communicating or revoking rescission of other's default
voidable contract 133 Discharge of surety by variance in terms of contract
67 Effect of neglect of promisee to afford promisor 134 Discharge of surety by release or discharge of principal
reasonable facilities for performance debtor
Chapter Certain Relations Resembling those created by 135 Discharge of surety when creditor compounds with,
 gives time to, or agrees not to sue, principal debtor 162 Termination of gratuitous bailment by death
136 Surety not discharged when agreement made with third 163 Bailer entitled to increase or profit from goods bailed
person to give time to principal debtor 164 Bailor's responsibility to bailee
137 Creditor's forbearance to sue does not discharge surety 165 Bailment by several joint owners
138 Release of one co-surety does not discharge others 166 Bailee not responsible on redelivery to bailor without
139 Discharge of surety by creditor's act or omission title
impairing surety's eventual remedy 167 Right of third person claiming goods bailed
140 Rights of surety on payment or performance 168 Right of finder of goods may sue for specified reward
141 Surety's right to benefit of creditor's securities offered
142 Guarantee obtained by misrepresentation, invalid 169 When finder of thing commonly on sale may sell it
143 Guarantee obtained by concealment, invalid 170 Bailee's particular lien
144 Guarantee on contract that creditor shall not act on it 171 General lien of bankers, factors, wharfingers, attorneys
until co-surety joins and policy brokers
145 Implied promise to indemnify surety 172 "Pledge", "pawnor", and "pawnee" defined
146 Co-sureties liable to contribute equally 173 Pawnee's right of retainer
147 Liability of co-sureties bound in different sums 174 Pawnee not to retain for debt or promise other than that
Chapter Bailment for which goods pledged-Presumption in case of
IX subsequent advances
148 "Bailment", "bailor" and "bailee" defined 175 Pawnee's right as to extraordinary expenses incurred
149 Delivery to bailee how made 176 Pawnee's right where pawnor makes default
150 Bailor's duty to disclose faults in goods bailed 177 Defaulting pawnor's right to redeem
151 Care to be taken by bailee 178 Pledge by mercantile agent
152 Bailee when not liable for loss, etc, of thing bailed 178A Pledge by person in possession under voidable contract
153 Termination of bailment by bailee's act inconsistent with 179 Pledge where pawnor has only a limited interest
conditions 180 Suit by bailor or bailee against wrong-doer
154 Liability of bailee making unauthorized use of goods 181 Appointment of relief or compensation obtained by such
bailed suits
155 Effect of mixture with bailor's consent, of his goods with Chapter Agency Appointment and Authority of agents
bailee's X
156 Effect of mixture, without bailor's consent, when the 182 "Agent" and "principal" defined or to represent another
goods can be separated 183 Who may employ agent
157 Effect of mixture, without bailor's consent, when the 184 Who may be an agent
goods cannot be separated 185 Consideration not necessary
158 Repayment, by bailor, of necessary expenses 186 Agent's authority may be express or implied
159 Restoration of goods lent gratuitously 187 Definitions of express and implied authority
160 Return of goods bailed, on expiration of time or 188 Extent of agent's authority
accomplishment of purpose 189 Agent's authority in an emergency
161 Bailee's responsibility when goods are not duly returned 190 When agent cannot delegate
191 "Sub-agent" defined 216 Principal's right to benefit gained by agent dealing on
192 Representation of principal by sub-agent properly his own account in business of agency
appointed 217 Agent's right of retainer out of sums received on
193 Agent's responsibility for sub-agent appointed without principal's account
authority 218 Agent's duty to pay sums received for principal
194 Relation between principal and person duly appointed 219 When agent's remuneration becomes due
by agent to act in business of agency 220 Agent not entitled to remuneration for business
195 Agent's duty in naming such person misconducted
196 Right of person as to acts done for him without his 221 Agent's lien on principal's property
authority-effect of ratification 222 Agent to be indemnified against consequences of lawful
197 Ratification may be expressed or implied acts
198 Knowledge requisite for valid ratification 223 Agent to be indemnified against consequences of acts
199 Effect of ratifying unauthorized act forming part of a done in good faith
transaction 224 Non-liability of employer of agent to do a criminal act
200 Ratification of unauthorized act cannot injure third 225 Compensation to agent for injury caused by principal's
person neglect
201 Termination of agency 226 Enforcement and consequences of agent's contract
202 Termination of agency, where agent has an interest in 227 Principal how far bound, when agent exceeds authority
subject-matter 228 Principal not bound when excess of agent's authority is
203 When principal may revoke agent's authority not separable
204 Revocation where authority has been partly exercised 229 Consequences of notice given to agent
205 Compensation for revocation by principal, or 230 Agent cannot personally enforce, nor be bound by,
renunciation by agent contracts on behalf of principal
206 Notice of revocation or renunciation 231 Right of parties to a contract made by agent not
207 Revocation and renunciation may be expressed or disclosed
implied 232 Performance of contract with agent supposed to be
208 When termination of agent's authority takes effect as to principal
agent, and as to third persons 233 Right of person dealing with agent personally liable
209 Agent's duty on termination of agency by principal's 234 Consequence of inducing agent or principal to act on
death or insanity belief that principal or agent will be held exclusively
210 Termination of sub-agent's authority liable
211 Agent's duty in conducting principal's business 235 Liability of pretended agent
212 Skill and diligence required from agent 236 Person falsely contracting as agent, not entitled to
213 Agent's accounts performance
214 Agent's, duty to communicate with principal 237 Liability of principal inducing belief that agent's
215 Right of principal when agent deals, on his own unauthorized acts were authorized
account, in business of agency without principal's 238 Effect, on agreement, of misrepresentation or fraud by
consent agent
 21 Proof of admissions against persons making them, and
by or on their behalf
Contents 22 When oral admissions as to contents of documents are
Sections Particulars relevant
Chapter I Preliminary 22A When oral admission as to contents of electronic
1 Short title, extent and commencement records are relevant
2 Repeal of enactments : Repealed by the Repealing 23 Admission in civil cases relevant
Act, 1938 24 Confession caused by inducement, threat or promise
3 Interpretation clause when irrelevant in criminal proceedings
4 "May presume" 25 Confession to police officer not to be proved
Chapter II The Relevancy Of Facts 26 Confession by accused while in custody of police not to
5 Evidence may be given of facts in issue and relevant be proved against him
facts 27 How much of information received from accused may
6 Relevancy of facts forming part of same transaction be proved
7 Facts which are the occasion, cause or effect of facts 28 Confession made after removal of impression caused
in issue by inducement, threat or promise, relevant
8 Motive, preparation and previous or subsequent 29 Confession otherwise relevant not to become irrelevant
conduct because of promise of secrecy, etc.
9 Facts necessary to explain or introduce relevant facts 30 Consideration of proved confession affecting person
10 Things said or done by conspirator in reference to making it and others jointly under trial for same offence
common design 31 Admission not conclusive proof, but may estop
11 When facts not otherwise relevant become relevant 32 Cases in which statement of relevant fact by person
12 In suits for damages, facts tending to enable Court to who is dead or cannot be found, etc, is relevant
determine amount are relevant 33 Relevancy of certain evidence for proving, in
13 Facts relevant when right or custom is in question subsequent proceeding, the truth of facts therein stated
14 Facts showing existence of state of mind, or of body or 34 Entries in books of account when relevant
bodily feeling 35 Relevancy of entry in public record made in
15 Facts bearing on question whether act was accidental performance of duty
or intentional 36 Relevancy of statements in maps, charts and plans
16 Existence of course of business when relevant 37 Relevancy of statement as to fact of public nature,
17 Admission defined contained in certain acts or notifications
18 Admission-by party to proceeding or his agent 38 Relevancy of statements as to any law contained in
19 Admissions by persons whose position must be proved law-books
as against party to suit 39 What evidence to be given when statement forms part
20 Admissions by persons expressly referred to by party of a conversation, document, electronic record, book or
to suit series of letters or papers.
40 Previous judgments relevant to bar a second suit or 63 Secondary evidence
trial 64 Proof of documents by primary evidence
41 Relevancy of certain judgments in probate, etc. 65 Cases in which secondary evidence relating to
jurisdiction documents may be given
42 Relevancy and effect of judgments, orders or decrees, 65A Special provisions as to evidence relating to electronic
other than those mentioned in section 41 record
43 Judgment, etc., other than those mentioned in sections 65B Admissibility of electronic records
40 to 42, when relevant 66 Rules as to notice to produce
44 Fraud or collusion in obtaining judgment, or 67 Proof of signature and handwriting of person alleged to
incompetency of Court, may be proved have signed or written document produced
45 Opinions of experts 67A Proof as to digital signature
46 Facts bearing upon opinions of experts 68 Proof of execution of document required by law to be
47 Opinion as to handwriting, when relevant attested
47A Opinion as to digital signature where relevant 69 Proof where no attesting witness found
48 Opinion as to existence of right or custom, when 70 Admission of execution by party to attested document
relevant 71 Proof when attesting witness denies the execution
49 Opinion as to usage, tenets, etc., when relevant 72 Proof of document not required by law to be attested
50 Opinion on relationship, when relevant 73 Comparison of signature, writing or seal with others
52 In civil cases character to prove conduct imputed, admitted or proved
irrelevant 73A Proofs as to verification of digital signature
53 In criminal cases previous good character relevant 74 Public documents
54 Previous bad character not relevant, except in reply 75 Private documents
55 Character as affecting damages 76 Certified copies of public documents
Chapter Facts Which Need Not Be Proved 77 Proof of documents by production of certified copies
III 78 Proof of other official documents
56 Fact Judicially noticeable need not be proved 79 Presumption as to genuineness of certified copies
57 Facts of which Court must take judicial notice 80 Presumption as to documents produced as record of
58 Facts admitted need not be proved evidence
Chapter Oral Evidence 81 Presumption as to Gazettes, newspapers, private Acts
IV of Parliament and other documents
59 Proof of facts by oral evidence 81A Presumption as to Gazettes in electronic forms
60 Oral evidence must be direct 82 Presumption as to document admissible in England
Chapter V Documentary Evidence without proof of seal or signature
61 Proof of contents of documents 83 Presumption as to maps or plans made by authority of
62 Primary evidence Government
84 Presumption as to collections of laws and reports of
 decisions Chapter The Burden Of Proof
85 Presumption as to powers-of-attorney VII
85A Presumption as to electronic agreements 101 Burden of proof
85B Presumption as to electronic record and digital 102 On whom burden of proof lies
signatures 103 Burden of proof as to particular fact
85C Presumption as to Digital Signature Certificates 104 Burden of proving fact to be proved to make evidence
86 Presumption as to certified copies of foreign judicial admissible
records 105 Burden of proving that case of accused comes within
87 Presumption as to books, maps and charts exceptions.
88 Presumption as to books, maps and charts 106 Burden of proving fact especially within knowledge
88A Presumption as to electronic messages 107 Burden of proving death of person known to have been
89 Presumption as to due execution, etc., of documents alive within thirty years
not produced 108 Burden of proving that person is alive who has not
90 Presumption as to documents thirty years old been heard of for seven years
90A Presumption as to electronic records five year old 109 Burden of proof as to relationship in the cases of
Chapter The Exclusion Of Oral By Documentary Evidence partners, landlord and tenant, principal and agent
VI 110 Burden of proof as to ownership
91 Evidence of terms of contracts, grants and other 111 Proof of good faith in transactions where one party is in
dispositions of property reduced to form of document relation of active confidence
92 Exclusion of evidence of oral agreement 111A Presumption as to certain offences
93 Exclusion of evidence to explain or amend ambiguous 112 Birth during marriage, conclusive proof of legitimacy
document 113 Proof of cession of territory
94 Exclusion of evidence against application of document 113A Presumption as to abetment of suicide by a married
to existing facts women
95 Evidence as to document unmeaning in reference to 113B Presumption as to dowry death
existing facts 114 Court may presume existence of certain acts
96 Evidence as to application of language which can apply 114A Presumption as to absence of consent in certain
to one only of several persons prosecutions for rape
97 Evidence as to application of language to one of two Chapter Estoppel
sets of facts, to neither of which the whole correctly VIII
applies 115 Estoppel
98 Evidence as to meaning of illegible characters, etc. 116 Estoppel of tenant; and of license of person in
99 Who may give evidence of agreement varying terms of possession
document 117 Estoppel of acceptor of bill of exchange, bailee or
100 Saving of provisions of Indian Succession Act, relating licensee
to wills Chapter Witnesses
IX 147 When witness to be compelled to answer
118 Who may testify 148 Court to decide when question shall be asked and
119 Dumb witnesses when witness compelled to answer
120 Parties to civil suit, and their wives or husbands, 149 Question not to be asked without reasonable grounds
Husbands or wife of person under criminal trial 150 Procedure of Court in case of question being asked
121 Judges and Magistrates without reasonable grounds
122 Communications during marriage 151 Indecent and scandalous questions
123 Evidence as to affairs of State 152 Questions intended to insult or annoy
124 Official communications 153 Exclusion of evidence to contradict answers to
125 Information as to commission of offences questions testing veracity
126 Professional communication 154 Question by party to his own witness
127 Section 126 to apply to interpreters etc. 155 Impeaching credit of witness
128 Privilege not waived by volunteering evidence 156 Questions tending to corroborate evidence of relevant
129 Confidential communications with legal advisers fact, admissible
130 Production of title-deeds of witness not a party 157 Former statements of witness may be proved to
131 Production of documents or electronic records which corroborate later testimony as to same fact
another person, having possession, could refuse to 158 What matters may be proved in connection with proved
produce statement relevant under section 32 or 33
132 Witness not excused from answering on ground that 159 Refreshing memory
answer will criminate 160 Testimony to facts stated in document mentioned in
133 Accomplice section 159
134 Number of witnesses 161 Right of adverse party as to writing used to refresh
Chapter X The Examination Of Witnesses memory
135 Order of production and examination of witnesses 162 Productions of documents
136 Judge to decide as to admissibility of evidence 163 Giving, as evidence, of document called for and
137 Examination in chief produced on notice
138 Order of examinations 164 Using, as evidence, of document production of which
139 Cross-examination of person called to produce a was refused on notice
document 165 Judge's power to put questions or order production
140 Witnesses to character 166 Power of jury or assessors to put questions
141 Leading questions Chapter Improper Admission And Rejection Of Evidence
142 When they must not be asked XI
143 When they may be asked 167 No new trial for improper admission or rejection or
144 Evidence as to matters in writing evidence
145 Cross-examination as to previous Statements in writing
146 Questions lawful in cross-examination
 8A. Substituted by the Information Technology Act, 2000, w.e.f.
1. Dated 15th. March 1872. 17th. October, 2000.

9. Substituted by Act No. 3 of 1951 for the definition of "State" and

2. This Act has been extended to Berar by the Berar Laws Act,
"States".
1941 and has been declared to be in force in the Sonthal Parganas
by the settlement Parganas Settlement Regulation, 1872 (3 of
1872); in Panth Piploda by the Panth Piploda Laws Regulation, 9A. Inserted by the Information Technology Act, 2000, w.e.f. 17th.
October, 2000.
1929; in the Khondmals Districts by the Khondmals Laws
Regulation, 1936; and in the Angul District by the Angul Laws
10 See now the Code of Civil Procedure, 1908.
Regulation, 1936; also by notification under the Scheduled Districts
Act, 1874; in the following Scheduled Districts, namely the Districts
of Hazaribagh, Lohardaga (now the Ranchi District-see Calcutta 11 Substituted by the A.O. 1950, for the word "Queen".
Gazette, 1899. Pt. I, p. 44) and Manbhum and Pargana Dhalbhum
12. Substituted by Act No. 3 of 1891, for the earlier Explanation .
and the Kolhan in the District of Binghabhum – see GOI, 1881, Pt.
1, p. 504 (the Lohardaga or Ranchi District included at this time the
Palamau District, separated in 1894); and the Tarai of the Province 13. Substituted by Act No. 3 of 1891, for the earlier illustration (b).
of Agra, ibid., 1876, Pt. 1, p. 505; Gajnam and Vizagapatam-see
GOI, 1899, Part 1, p. 720. This Act has been extended also to 14. Inserted by Act No. 3 of 1891.
Dadra and Nagar Haveli by Reg. 6 of 1963; to Pondichery by Reg.
7 of 1963; to Goa, Daman and Diu by Reg. 11 of 1963, and to 17. A Coroner has been declared to be Magistrate for the purposes
of this section, see section 10 of the Coroners Act, 1871.
Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965.
18. Inserted by Act No. 3 of 1891.
3. Substituted by Act No. 3 of 1951, for the words "except Part B
States".
19. The words "or in Burma" omitted by the A.O. 1937.
4. Inserted by Act No. 18 of 1919, see also section 127 of the Army
20. See now the Code of Criminal Procedure, 1898.
Act.
21. Inserted by Act No. 3 of 1891.
5. Inserted by Act No. 35 of 1934.
22. Inserted by Act No. 18 of 1872.
6. The words "that Act as modified by" omitted by the A.O. 1950.

7. See now the Navy Act, 1957. 23. Substituted by the A.O. 1948 for the words "any Government in
British India".
8. Inserted by Act No. 10 of 1927.
24. Inserted by the A.O. 1950.
25. Substituted for the words "Act of the Governor General of India
in Council or of the Governors in Council of Madras or Bombay, or
of the Lieutenant Governor in Council of Bengal, or in notification of
the Government appearing in the Gazette of India, or in the Gazette
of any L.G. or in any printed paper purporting to be the London
Gazette or the Government Gazette of any colony or possession of
the Queen, is a relevant fact" successively by Act No. 10 of 1914,
A.O. 1937, A.O. 1948 and A.O. 1950.
26. Substituted by Act No. 3 of 1951 for the words "an Act of the
Legislature of a Part A State or a Part C State".
27. Certain words omitted by Act No. 10 of 1914.
28 Inserted by Act No. 18 of 1872.
29. Inserted by Act No. 3 of 1891.
30. Inserted by Act No. 5 of 1899.
31. Inserted by Act No. 18 of 1872.
32. Substituted by Act No. 3 of 1891.
33. Inserted by Act No. 3 of 1891.
34. Substituted by the A.O. 1950.
35. Inserted by the A.O. 1950.
36. Substituted by the A.O. 1950 for the words "Her Majesty’s".
37. Substituted by Act No. 10 of 1927 for the words "or Navy".
38. Substituted by the A.O. 1950.
39. Substituted by the A.O. 1948 for the words "Courts of British
India".
40. Substituted by Act No. 3 of 1951 for the words "the States".
41. Substituted by the A.O. 1937, for the words "the G. G. or any L.
G. in Council".
42. Substituted by the A.O. 1950, for the words "any Act of
Parliament of other".
43. Substituted by the A.O. 1937, for the words "the Gazetted of
India, or in the Official Gazette of any L.G.".
44 Substituted by the A.O. 1950, for the words "the British Crown".
45. Inserted by Act No. 18 of 1872.
46. Inserted by Act No. 18 of 1872.
47. Inserted by Act No. 31 of 1926.
48. The words "whether of British India, or of any other part of Her
Majesty's dominions" have successively been amended by the A.O.
1948 and the A.O. 1950.
49. Substituted by the A.O. 1950, for the words "in any province".
50. Substituted by the A.O. 1937, for the words "the Executive
Government of British India"
51. Inserted by the A.O. 1937.
52. Substituted by the A.O. 1937 for the words "by order of
Government".
53. The words "Her Majesty" stand unaltered, see the A.O. 1950.
54. Substituted by the A.O. 1937., for the words "public Act of the
Governor General of India in Council".
55. Substituted by the A.O. 1950, for the words "a Province".
56. Substituted by the A.O. 1950, for the words "a British Counsel".
57. Inserted by the A.O. 1948.
58. The words beginning from "in British India" and ending with the
words "to be genuine" have been successively amended by the
A.O. 1937, A. 1948 and A.O. 1950.
59. Substituted by Act No. 3 of 1951 for the words "in a Part B
State".
60. Substituted by the A.O. 1937 for the words "the Gazette of
India, or the Government Gazette of any L.G. or".
61. The word "Government" has successively been amended by 75. Substituted by Act No. 18 of 1872 for the words "under the
the A.O. 1937, A.O. 1948, Act No. 40 of 1949 and the A.O. 1950. Indian Succession Act".

62. Substituted by the A.O. 1950 for the words "British". 76. Substituted by Act No. 18 of 1872 for the words "for want of
failure".
63. The words "of Her Majesty or" omitted by the A.O. 1950.
77. See now the Indian Succession Act, 1925.
64. Substituted by the A.O. 1937, for the words "G.of I.".
78. Sic. In the Act as published in Gazette of India, 1872, Pt. IV, P.
65. Substituted by the A.O. 1950 for the words "any country not 1, there is no Illustration (b).
forming part".
79. Substituted by Act No. 18 of 1872 for the words "When".
66. The words "a Part B State or of "omitted by Act No. 3 of 1951.
80. Substituted by Act No. 18 of 1872 for the words "on".
67. The words "Her Majesty or of" omitted by the A.O. 1950.
81. Inserted by Act No. 61 of 1984.
68. Substituted by Act No. 3 of 1891 for the words "resident in"
Substituted by Act No. 3 of 1951 for the words "such Part B State or 82. Inserted by the A.O. 1937, w.e.f. 1st. April 1937.
country".
83. Inserted by Act No. 46 of 1983.
69. Substituted by Act No. 3 of 1951 for the words "such Part B
State or country". 84. Section 113B inserted by the Dowry prohibition (Amendment)
Act, 1986 dated 8th September 1986.
70. Substituted by Act No. 3 of 1951 for the words "that State of
country". 85. Inserted by Act No. 43 of 1983.

71. Substituted by Act No. 5 of 1899 for the former paragraph which 86. Substituted by Act No. 3 of 1887 for the earlier section 125.
had been inserted by Act No. 3 of 1891.
87. Substituted by Act No. 18 of 1872 for the words "criminal".
72. The words "a Part B State or" omitted by Act No. 3 of 1951.
88. Inserted by Act No. 18 of 1872.
73. Substituted by the A.O. 1950 for the words, figures and
brackets "clause (40)". 89. See also section 172 of the Code of Criminal Procedure, 1898.

74. Substituted by Act No. 3 of 1951 for the words "in and for that 90. Substituted by Act No. 18 of 1872 for the words "had".
Part B State or country".
 Indian Evidence Act – AIBE Exam MCQ -Test SET 1
Constitutional Law – AIBE Exam MCQ -Test SET 1
1. Indian Evidence Act was drafted by Sir James F. Stephen.
1. The Term State as mentioned in Article 12 of the Constitution includes
2. The Law of Evidence consists of Legal Rules of Evidence.
also :- LIC
3. Relevancy & Admissibility under the Indian Evidence Act are neither
2. Article 13(2) :- States that the state shall not make any law which takes
synonymous nor co extensive.
away or abridges the fundamental rights.
4. Self Regarding Statements can be self servicing or self harming.
3. Article 14 gaurantees equality before law and equal protection of law to :-
5. Self harming Statements is admissible but a self serving statement is not
All Persons living withing the territory of India.
admissible.
4. Article 19(1) includes :- freedom of speech and expression.
6. Opinion under the Evidence Act, whether on a matter of Fact or Law is
5. Freedom under Article 19 are :- sacrosanct and inalienable.
not relevant.
6. Right to life does not include right to die. it was held in the case :- Chenna
7. Indian Evidence Act applies to All Judicial Proceedings in Courts.
Jagadeshwar V. state of Andra Pradesh.
8. Law of Evidence is Lex Fori
7. Right to freedom of religion cannot be restricted on the grounds of :-
9. Law of evidence is an adjective law
Security of state
10. Facts can be physically & psychological facts.
8. On which date the Supreme court upheld the OBC quota in Central
11. Under the Evidence Act Fact means Factum probandum & factum
Educational institutions clearing the way for reservation of 27% seats for
probans
Backward classes. on 10th April 2008
12. Fact in Issue means Fact, – is existence or non – existence of which
9. Right to Life Means :- Right to have all limbs and faculties intact.
is disputed by the Parties.
10. The Following are not included in the right to personal liberty :-
13. Affidavit Is not evidence
Freedom from arrest
14. Everything Produced before the court for inspection is not evidence.
11. The Right guaranteed under Article 32 can be suspended :- When
15. Written statement of an accused in criminal trial is not considered as
Proclamation of emergency is in operation.
evidence.
12. The Fundamental rights as envisaged under Articles 12-35 are :- Can
16. Anything of which judicial notice can be taken is considered as
be amended.
Evidence.
13. In case of A.K.Gopaln Vs. State of Madras , The Preventing
17. Proof of Facts Depends upon the Probability of existence but not
Detention Act , 1950 was found conflicting with the two Articles. :-
accuracy of production.
Articles 19 and 21
18. Standard of proof in Criminal Cases is much higher than in civil
14. Which of the following writs can be issued only against the judicial or
cases.
quasi – judicial authorities:- certiorari.
19. Presumption under this Act means Presumption of Fact &
15. Which among the following is not a Fundamental rights := Right to
Presumption of Law.
Strike
20. Presumption of Facts are always rebuttable
16. The right to property was dropped from the list of fundamental Rights
21. Presumption of Law can be either rebuttable or Irrefutable.
by the :- 44th Amendment.
22. Relevancy can be raised any time, when Relevancy is a question of
17. The Writ of Mandamus would be issued when there is failure to –
Law.
Perform a mandatory duty
23. Documents improperly procured & Documents procured by
18. A corporation is State for the purpose of enforcement of fundamental
illegal means both are not admissible in evidence.
rights if :- It is an agency or instrumentality of Government.
24. Under section 6 of the Evidence Act, The Facts which forming part
19. Excessive Reservation would be a Fraud on The Constitution of India
of the same transaction are relevant.
was observed by The Supreme Court in :- Balaji V. State of Mysore.
25. Principle of “Res Gestae” means “things has Done”
20. Under the Indian Constitution , Which one of the Following is Not a
Specific Ground on which the State can place Restrictions on Freedom of
Religion ? – Public Order.
 Civil Procedure Code – AIBE Exam MCQ -Test SET 1 Criminal Procedure Code – AIBE Exam MCQ -Test SET 1
1. A decree becomes final when :- It conclusively determines the rights of
the parties & When No Appeal has been preferred against the decree. 1. Classification of Offenses given in the Code of Criminal Procedure Under
2. Which of the following is not a decree ? – dismissal in default. :- The 1st Schedule
3. A judgment contains :- Concise Statement of the case , The Points for 2. Which Classification of offense comes under Criminal Procedure code ?
determination & the Points of determinations & the reason thereof. Cognizable & Non Cognizable
4. Who among the Following is not a Legal Representative ? – A Trespasser Bailable & Non Bailable
, An Intermeddler & A Creditor. summons & warrant cases
5. Mesne Profit Means 2(12) :- those profits which the person in wrongful All of the Above .
possession of such property actually received or might have received 3. Under the Scheme of Criminal Procedure Non Cognizable offences are :-
together with Interest. Private Wrongs
6. Jurisdiction of civil court can be barred :- Either Expressly nor impliedly 4. A Magistrate has the power to direct the police to Investigate into an
7. Principle of Res Sub judice is contained in :- Section 10 offence in IPC under :- Section 156(3) of Crpc
8. Principle of Res sub Judicata is Contained in :- Section 11 5. Non Cognizable Offences has been defined under section 2(1)
9. Principle of Res Judicata applies – Between Co defendants & Between 6. In a bailable offense , the bail is granted as a matter of right :- both by the
Co Plaintiffs police officer & the court.
10. Under Section 10 of CPC a suit is liable to be :- Stayed. 7. Classification of summons case & warrant case :- is useful to determine
11. Provisions of Section 10 of CPC are :- mandatory the trail procedure to be adopted.
12. In a suit , Where the Doctrine of Res Judicata Applies , the suit is 8. The Word Magistrate mentioned in Section 156(3) of Cr PC means :- a
liable to be :- Dismissed. Judicial Magistrate
13. In Every Plaint, Under Section 26 of CPC , Facts should be proved by 9. Complaint as provided under section 2(d) of Cr PC :- either in Writing or
:- Affidavit. Oral
14. A Plaint can be rejected under :- Order VII, Rule 11 of CPC 10. Offenses other than those mentioned in section 320 of Cr PC are :-
15. Pleading can be amended ;- Before the trail court , before the first Not Compoundable
appellate court & before the second appellate court. 11. Section 91 of the Accused does not apply to :- Accused
16. Amendment in pleadings shall be effective :- From the date of the 12. The Magistrate records the Confession of an accused or a statement of
Pleading. a witness during investigation , under :- section 164 of Cr PC
17. Set off is a :- Reciprocal ascertainment of debts between the 13. Maintenance of a Case dairy by an investigating officer is :-
Parties. Mandatory
18. Set off can be :- Legal Set off and Equitable Set Off 14. Section 167 of CrPC is applicable during :- Investigation.
19. In Set Off , Court fee is :- Payable 15. Amount of Maintenance under section 125 of CrPC is :- Without any
20. Which of the Following must be stated in the pleadings :- Facta Limit
Probanda 16. In a case of Non bailable offence, a bail granted by a Magistrate can
be cancelled under section 437(5) of CrPC
By the Magistrate granting the Bail
By the Court of Sessions
By the High Court
All of the Above
17. Court can condone the delay :- Under section 473 of Cr PC
18. The Special Court is :- Subordinate to High Court
19. In camera trial refers to :- trail to which Public and press are not
allowed.
20. Chapter XXIA – ” plea Bargaining” Containing Section 265A to
265L of CrPC came into Force on – 5th July 2006
 Chapter Parties To Notes, Bills And Cheques
III
26 Capacity to make, etc., promissory notes, etc.
[Act No. 26 of Year 1881, dated 9-12-1881] 27 Agency
28 Liability of agent signing
Contents 29 Liability of legal representative signing
Sections Particulars 30 Liability of drawer
Chapter I Preliminary 31 Liability of drawee of cheque
1 Short title 32 Liability of maker of note and acceptor of bill
2 Repeal of enactments 33 Only drawee can be acceptor except in need or for honor
3 Interpretation clause 34 Acceptance by several drawees not partners
Chapter II Notes, Bills And Cheques 35 Liability of endorser
4 "Promissory note 36 Liability of prior parties to holder in due course
5 "Bill of exchange" 37 Maker, drawer and acceptor principals
6 "Cheque" 38 Prior party a principal in respect of each subsequent
7 "Drawer", "drawee" party
8 Holder 39 Suretyship
9 "Holder in due course" 40 Discharge of endorser's liability
10 "Payment in due course" 41 Acceptor bound, although endorsement forged
11 "Inland instrument" 42 Acceptance of bill drawn in fictitious name
12 "Foreign instrument" 43 Negotiable instrument made, etc. without consideration
13 "Negotiable instrument" 44 Partial absence or failure of money-consideration
14 Negotiation 45 Partial failure of consideration not consisting of money
15 Endorsement 45A Holder's right to duplicate of lost bill
16 Endorsement "in blank" and "in full"-"endorsee" Chapter Negotiation
17 Ambiguous instruments IV
18 Where amount is stated differently in figures and words 46 Delivery
19 Instruments payable on demand 47 Negotiation by delivery
20 Inchoate stamped instruments 48 Negotiation by endorsement
21 At sight, On presentment, After sight 49 Conversion of endorsement in blank into endorsement in
22 "Maturity" full
23 Calculating maturity of bill or note payable so many 50 Effect of endorsement
months after date or sight 51 Who may negotiate
24 Calculating maturity of bill or note payable so many days 52 Endorser who excludes his own liability or makes it
after date or sight conditional
25 When day of maturity is a holiday 53 Holder deriving title from holder in due course
54 Instrument endorsed in blank 78 To whom payment should be made
55 Conversion of endorsement in blank into endorsement in 79 Interest when rate specified
full 80 Interest when no rate specified
56 Endorsement for part of sum due 81 Delivery of instrument on payment or indemnity in case
57 Legal representative cannot by delivery only negotiate of loss
instrument endorsed by deceased Chapter Discharge From Liability On Notes, Bills And
58 Instrument obtained by unlawful means or for unlawful VII Cheques
consideration 82 Discharge from liability
59 Instrument acquired after dishonor or when overdue 83 Discharge by allowing drawee more than forty-eight
60 Instrument negotiable till payment or satisfaction hours to accept
Chapter V Presentment 84 When cheque not duly presented and drawer damaged
61 Presentment for acceptance thereby
62 Presentment of promissory note for sight 85 Cheque payable to order
63 Drawee's time for deliberation 85A Drafts drawn by one branch of a bank on another
64 Presentment for payment payable to order
65 Hours for presentment 86 Parties not consenting discharged by qualified or limited
66 Presentment for payment of instrument payable after acceptance
date or sight 87 Affect of material alteration
67 Presentment for payment of promissory note payable by 88 Acceptor or endorser bound notwithstanding previous
installments alteration
68 Presentment for payment of instrument payable at 89 Payment of instrument on which alteration is not
specified place and not elsewhere apparent
69 Instrument payable at specified place 90 Extinguishment of rights of action on bill in acceptor's
70 Presentment where no exclusive place specified hands
71 Presentment when maker, etc., has no known place of Chapter Notice Of Dishonour
business or residence VIII
72 Presentment of cheque to charge drawer 91 Dishonor by non-acceptance
73 Presentment of cheque to charge any other person 92 Dishonor by non-payment
74 Presentment of instrument payable at demand 93 By and to whom notice should be given
75 Presentment by or to agent, representative of deceased, 94 Mode in which notice may be given
or assignee of insolvent 95 Party receiving must transmit notice of dishonor
76 When presentment unnecessary 96 Agent for presentment
77 Liability of banker for negligently dealing with bill 97 When party to whom notice given is dead
presented for payment 98 When, notice of dishonor is unnecessary
Chapter Payment And Interest Chapter Noting And Protest
VI IX
99 Noting Chapter Crossed Cheques
100 Protest XIV
101 Contents of protest 123 Cheque crossed generally
102 Notice of protest 124 Cheque crossed specially
103 Protest for non-payment after dishonor by non- 125 Crossing after issue
acceptance 126 Payment of cheque crossed generally
104 Protest of foreign bills 127 Payment of cheque crossed specially more than once
104A When noting equivalent to protest 128 Payment in due course of crossed cheque
Chapter X Reasonable Time 129 Payment of crossed cheque out of due course
105 Reasonable time 130 Cheque bearing not negotiable
106 Reasonable time of giving notice of dishonor 131 Non-liability of banker receiving payment of cheque
107 Reasonable time for transmitting such notice 131A Application of chapter to drafts
Chapter Acceptance And Payment For Honour And Reference Chapter Bills In Sets
XI In Case Of Need XV
108 Acceptance for honor 132 Set of bills
109 How acceptance for honor must be made 133 Holder of first acquired part entitled to all
110 Acceptance not specifying for whose honor it is made Chapter International Law
111 Liability of acceptor for honor XVI
112 When acceptor for honor may be charged 134 Law governing liability of maker, acceptor or endorser of
113 Payment for honor foreign instrument
114 Right of payer for honor 135 Law of place of payment governs dishonor
115 Drawee in case of need 136 Instrument made, etc. out of India, but in accordance
116 Acceptance and payment without protest with the law of India
Chapter Compensation 137 Presumption as to foreign law
XII Chapter Penalties In Case Of Dishonour Of Certain Cheques
117 Rules as to compensation XVII For Insufficiency Of Funds In The Accounts
Chapter Special Rules Of Evidence 138 Dishonor of cheque for insufficiency, etc., of funds in the
XIII accounts
118 Presumptions as to negotiable instruments Until the Supreme Court 3762
contrary is proved, the following presumption shall be 139 Presumption in favor of holder
made 140 Defense which may not be allowed in any prosecution
119 Presumption on proof of protest under section 138
120 Estoppel against denying original validity of instrument 141 Offences by companies
121 Estoppel against denying capacity of payee to endorse 142 Cognizance of offences
122 Estoppel against denying signature or capacity of prior Schedule Enactment [Repealed]
party