Professional Documents
Culture Documents
SCHEDULE II
EXPLANATORY NOTE.−The entries in the second and seventh columns of this schedule, headed
respectively "Offence" and "Punishment under the Penal Code", are not intended as definitions of
the offences and punishments described in the several corresponding sections of the Penal Code, or
even as abstracts of those sections, but merely as references to the subject of the section, the
number of which is given in the first column.
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By
the police warrant or bailable or compoundable under the what
may a not. or not. Penal Code Court
arrest summons triable.
without shall
warrant or ordinarily
not. issue in
the first
instance.
109 Abetment of May According According According as The same The
any offence, arrest as a as the the offence punishment Court
if the act without warrant or offence abetted is as for the by
abetted is warrant if summons abetted is compoundable offence which
committed in arrest for may issue bailable or or not. abetted. the
consequence, the for the not. offence
and where no offence offence abetted
express abetted abetted. is
provision is may be triable.
made for its made
punishment. without
warrant,
but not
otherwise.
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By
the police a warrant bailable compoundable under the what
may or a or not. or not. Penal Code Court
arrest summons triable.
without shall
warrant or ordinarily
not. issue in
the first
instance.
111. Abetment of May Accor- Accor- According as The same The
any offence, arrest ding as a ding as the offence punishment Court
when one act without warrant the abetted is as for the by
is abetted and warrant if or offence compound- offence which
a different act arrest for summons abetted able or not. intended to the
is done; the may is be abetted. offence
subject to the offence issue for bailable abetted
proviso. abetted the or not. is
may be offence triable.
made abetted.
without
warrant
but not
otherwise.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
270 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By
the police warrant or bailable compound- under the what
may arrest a or not. able or not. Penal Code Court
without summons triable.
warrant or shall
not. ordinarily
issue in
the first
instance.
115. If an act May According Not According Imprison- The
Cont. which causes arrest as a bailable as the ment of either Court
harm be done without warrant or offence description by
in warrant, if summons abetted is for 14 years which
consequence arrest for may issue compound- and fine. the
of the the for the able or not. offence
abetment. offence offence abetted
abetted abetted. is
may be triable.
made
without
warrant,
but not
otherwise.
.
1898: Act V] Criminal Procedure 271
1 2 3 4 5 6 7 8
Section Offence. Whether the Whether a Whether Whether Punishment By
police may warrant or bailable or compoun- under the what
arrest a not. dable or Penal Code Court
without summons not. triable.
warrant or shall
not. ordinarily
issue in
the first
instance.
117 Abetting the May arrest According According According Imprison- The
commission without as a as the as the ment of Court
of an offence warrant, if warrant or offence offence either by
by the arrest for the summons abetted is abetted is description which
public, or by offence may issue bailable or compoun- for 3 years, the
more than abetted may for the not. dable or or fine, or offence
ten persons. be made offence not. both. abetted
without abetted. is
warrant, but triable.
not
otherwise.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
272 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By
the police warrant or bailable compoundable under the what
may a or not. or not. Penal Code Court
arrest summons triable.
without shall
warrant or ordinarily
not. issue in
the first
instance.
119. If the May According Not According as Imprisonment The
Contd. offence be arrest as a bailable the offence of either Court
punishable without warrant or abetted is description by
with death warrant, summons compoun- for 10 years. which
or if arrest may issue dable or not. the
transporta- for the for the offence
tion for offence offence abetted
life. abetted abetted. is
may be triable.
made
without
warrant,
but not
otherwise.
If the Ditto Ditto Bailable Ditto Imprisonment Ditto.
offence be extending to
not a quarter part
committed of the longest
term, and of
any
description,
provided for
the offence,
or fine, or
both.
120 Concealing Ditto Ditto According Ditto Ditto Ditto
a design to as the
commit an offence
offence concealed
punishable is bailable
with or not.
imprison-
ment if the
offence be
committed.
If the Ditto Ditto Bailable Ditto Imprisonment Ditto.
offence be extending to
not one-eighth
committed. part of the
longest term,
and of the
description,
provided for
the offence,
or fine, or
.
both.
1898: Act V] Criminal Procedure 273
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable or compoun- under the Court
may arrest a summons not. dable or Penal Code triable.
without shall not.
warrant or ordinarily
not. issue in the
first
instance.
The word "transportation for life" construed as a reference to "imprisonment for life" by the Penal Code
(Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words " Court by which abetment of the offence which is the object of conspiracy is triable" were
substituted, for the entries "Court of Session when the offence which is the object of the conspiracy is triable
exclusively by such Court; in the case of all other offences Court of Session, or Magistrate of the first class" by
the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978), Schedule, sl. 98(b).
2
The words "Any Judicial Magistrate" were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
274 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or a bailable compoun- under the Court triable.
may summons or not. dable or Penal Code
arrest shall not.
without ordinarily
warrant or issue in the
not. first
instance.
121A Conspiring Shall not Warrant Not Not Transporta- Court of
to commit arrest bailable. compoun- tion for life Session.
certain without dable or any
offences warrant shorter term,
against the or imprison-
State. ment of
either
description
for 10 years
and fine.
1
123. Concealing Ditto Dittio Ditto Ditto Imprison- [Court of
with intent to ment of Session, Chief
facilitate a either Metropolitan
design to description Magistrate,
2
wage war. for 10 [Chief Judicial
years, and Magistrate,
fine. Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the
Government in
.
that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for "Ditto" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2 The words and comma “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” weresubstituted
for the words and comma “District Magistrate, Additional District Magistrate” by section 100 of the Code of
Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st November, 2007)
1898: Act V] Criminal Procedure 275
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may a summons or not. dable or Penal Code triable.
arrest shall not.
without ordinarily
warrant issue in the
or not. first
instance.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for "Ditto" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iii).
2
The words "Chief Metropolitan Magistrate" were inserted by the Code of Criminal Procedure
(Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule.
3
The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section
100 of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
276 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may a summons or not. dable or Penal Code triable.
arrest shall not.
without ordinarily
warrant issue in the
or not. first
instance.
125 Waging war Ditto Ditto Ditto Ditto Transpor- Court of
against any tation for life, Session.
Asiatic and fine or
Power in imprisonment
alliance or at of either
peace with description
Bangladesh, for 7 years
or abetting and fine, or
the waging fine.
of such war.
1
126. Committing Shall not Warrant Not Not Imprison- [Metropoli-
depredation arrest bailable compoun- ment of tan
on the without dable either Magistrate
territories of warrant. description or
any power in for 7 years Magistrate
alliance or at and fine, and of the first
peace with forfeiture of class.]
Bangladesh. certain
property.
1
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1),(b)(iii).
2
The entry was substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(ii).
1898: Act V] Criminal Procedure 277
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may arrest or a or not. dable or Penal Code triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
129. Public Servant Ditto Ditto Bailable Ditto Simple [Metropoli-
negligently imprison- tan
suffering ment for 3 Magistrate
prisoner of years and or
State or war in fine. Magistrate
his custody to of the first
escape. class.]
130. Aiding escape Shall not Warrant Not Not Transpor- Court of
of, rescuing or arrest bailable compoun- tation for Session.
harbouring, without dable life, or
such prisoner, warrant. imprison-
or offering any ment of
resistance to either
the re-capture description
of such for 10
years, and
prisoner.
fine.
CHAPTER VII.—OFFENCES RELATING TO THE ARMY AND NAVY
131. Abetting May Warrant Not Not Transpor- Court of
mutiny, or arrest bailable compoun- tation for Session.
attempting to without dable life, or
seduce an warrant. imprison-
officer, ment of
soldier, sailor either
or air man description
from his for 10
years, and
allegiance or
fine.
duty.
132. Abetment of Ditto Ditto Ditto Ditto Death, or Ditto
mutiny, if trans-
mutiny is portation
committed in for life, or
consequence imprison-
thereof. ment of
either
description
for 10
years, and
fine.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for the former entry by the Code of Criminal Procedure (Amendment) Act,
1980 (Act No. IV of 1980), section 2 (A)(i).
278 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may arrest a or not. dable or Penal Code triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
133. Abetment of Ditto Ditto Ditto Ditto Imprison- [Metropoli-
an assault by ment of tan
an officer, either Magistrate
soldier, sailor description or
of air man on for 3 years, Magistrate
his superior and fine. of the first
officer, when class.]
in the
execution of
his office.
2
134. Abetment of May Warrant Not Not Imprison- [Metropoli-
such assault, if arrest bailable compoun- ment of tan
the assault is without dable either Magistrate
committed. warrant. description or
for 7 years, Magistrate
and fine. of the first
class.]
3
135. Abetment of Ditto Ditto Bailable Ditto Imprison- [Any
the description ment of Judicial
of an officer, either Magistrate.]
soldier, sailor description
or air man. for 2 years,
or fine, of
both.
136. Harbouring Ditto Ditto Ditto Ditto Ditto Ditto.
such an officer,
soldier, sailor
or airman, who
has deserted.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for the former entry by the Code of Criminal Procedure (Amendment)
Ordinance, 1980 (Ordinance No. IV of 1980), section 2(A) (i).
2
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iii).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 279
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may arrest or a or not. dable or Penal Code triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
137. Deserter Shall not Summons Ditto Ditto Fine of 500 [Any
concealed on arrest Taka Judicial
board without Magistrate.]
merchant- warrant.
vessel, through
negligence of
master or
person in
charge thereof.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
280 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compound- under the Court
may arrest or a or not. able or not. Penal Code triable.
summons
without shall
warrant or ordinarily
not. issue in
the first
instance.
1 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
2
The entry was substituted, for "Ditto" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(a)(i).
3 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
1898: Act V] Criminal Procedure 281
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may arrest a or not. dable or Penal Code triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
148. Rioting Ditto Ditto Ditto Ditto Imprison- [Metropoli-
armed with a ment of tan
deadly either Magistrate
weapon. description or
for 3 years, Magistrate
or fine, or of the first or
both. second
class.]
149. If an offence According According Accor- 2
[Not com- The same The Court
be as arrest as a ding as poundable.] as for the by which the
committed may be warrant or the offence. offence is
by any
member of made summons offence triable.
an unlawful without may issue is
assembly, warrant for the bailable
every other for the offence. or not.
member of offence or
such
assembly not.
shall be
guilty of the
offence.
150. Hiring, May According Ditto Ditto The same Ditto
engaging or arrest to the as for a
employing without offence member of
committed such
persons to warrant. by the assembly,
take part in person and for any
an unlawful hired, offence
assembly. engaged committed
or by any
employed. member of
such
assembly.
1
The entry was substituted, for the former entry "Metropolitan Magistrate or Magistrate of the first class"
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iv).
2
The entry was substituted, for "Ditto" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(a)(ii).
282 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal Code triable.
arrest summons not.
without shall
warrant or ordinarily
not. issue in
the first
instance.
151. Knowingly May Summons Bailable Not com- Imprisonment 1[Any
joining or arrest poundable of either Judicial
continuing in without description Magistrate.]
any assembly warrant. for 6 months,
of five or more or fine, or
persons after it both.
has been
commanded to
disperse.
2
152. Assaulting or Ditto Warrant Ditto Ditto Imprisonment [Metropoli-
obstructing of either tan
public servant description Magistrate
when for 3 years, or or
suppressing fine, or both. Magistrate
riot, etc. of the first or
second
class.]
1 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
2
The entry was substituted, for the former entry "Metropolitan Magistrate or Magistrate of the first class"
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iv).
3 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
1898: Act V] Criminal Procedure 283
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may arrest a or not. dable or Penal Code triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
153A. Promoting Shall not Warrant Not Ditto Imprisonment [Any
enmity arrest bailable of either Judicial
between without description Magistrate.]
classes. warrant. for 2 years, or
fine, or both.
2
153B. Inducing May Warrant Not Not com- Imprison- [Any
students or arrest bailable poundable ment of Judicial
institution without either Magistrate.]
interested in or warrant. description
connected with for 2 years,
students to or fine, or
take part in any both.
political
activity.
3
154. Owner or Shall not Summons Bailable Ditto Fine of [Any
occupier of arrest Taka 1,000 Judicial
land not giving without Magistrate.]
information of warrant.
riot, etc.
155. Person for Ditto Ditto Ditto Ditto Fine Ditto.
whose benefit
or on whose
behalf a riot
takes place not
using all
lawful means
to prevent it.
156. Agent of Ditto Ditto Ditto Ditto Ditto Ditto.
owner or
occupier for
whose benefit
a riot is
committed not
using all
lawful means
to prevent it.
.
1 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
3 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
284 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may arrest a or not. dable or Penal Code triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
2
[***] Or to go armed Ditto Warrant Ditto Ditto Imprison- Ditto.
ment of
either
description
for 2 years,
or fine, or
both.
3
160. Committing Shall not Summons Ditto Ditto Imprison- [Any
affray. arrest ment of Judicial
without either Magistrate.]
warrant. description
for one
month, or
fine of 100
Taka, or
both.
1 The words "Any Judicial Magistrate" were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The figure 159 was repealed by the Repealing and Amending Act, 1925 (Act No. XXXVII of 1925).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 285
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may arrest a or not. dable or Penal Code triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
161. Being or Shall not Summons Bailable Not com- Imprison- [Metropoli-
expecting to arrest poundable ment of tan
be a public without either Magistrate
servant, and warrant. description or
taking a for 3 years, Magistrate
gratification or fine, or of the first or
other than both. second
legal class.]
remuneration
in respect of
an official
Act.
2
162. Taking a Shall not Summons Bailable Not com- Imprison- [Metro-
gratification arrest poundable ment of politan
in order by without either Magistrate
corrupt or warrant. description or
illegal means for 3 years, Magistrate
to influence a or fine, or of the first or
public both. second
servant. class.]
3
163. Taking a Ditto Ditto Ditto Ditto Simple [Any
gratification imprisonment Judicial
for the for 1 year, or Magistrate]
exercise of fine, or both.
personal
influence with
a public
servant.
1
The entry was substituted, for the former entry "Metropolitan Magistrate or Magistrate of the first class"
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iv).
2
The entry was substituted, for the former entry "Metropolitan Magistrate or Magistrate of the first class"
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iv).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
286 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal Code triable.
arrest summons not.
without shall
warrant ordinarily
or not. issue in
the first
instance.
1
164. Abetment by Ditto Ditto Ditto Ditto Imprison- [Metro-
public servant ment of politan
of the either Magistrate
offences description or
defined in the for 3 years, Magistrate
last two or fine, or of the first or
preceding both. second
clauses with class.]
reference to
himself.
165A. Abetment of Shall not Summons Bailable Not com- Imprison- Metro-
offences arrest poundable ment of politan
under sections without either Magistrate
161 and 165. warrant. description or
for 3 years, Magistrate
or fine, or of the first
both. class.
2
166. Public servant Ditto Ditto Ditto Ditto Simple [Any
disobeying a imprisonment Judicial
direction of for 1 year, or Magistrate.]
the law with fine, or both.
intent to cause
injury to any
.
person.
1 The entry was substituted, for the former entry "Metropolitan Magistrate or Magistrate of the first class"
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iv).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 287
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal Code triable.
arrest summons not.
without shall
warrant or ordinarily
not. issue in
the first
instance.
1
167. Public servant Ditto Ditto Ditto Ditto Imprison- [Metro-
framing an ment of either politan
incorrect description Magistrate
document with for 3 yeas, or or
intent to cause fine, or both. Magistrate
injury. of the first
or second
class.]
2
168. Public servant Ditto Ditto Ditto Ditto Simple [Any
unlawfully imprisonment Judicial
engaging in for 1 year, or Magistrate.]
trade. fine, or both.
3
169. Public servant Ditto Ditto Ditto Ditto Simple [Any
unlawfully imprisonment Judicial
buying or for 3 years, or Magistrate.]
bidding for fine, or both
property. and
confiscation
of property, if
purchased.
4
170. Personating a May Warrant Bailable Not com- Imprisonment [Any
public servant. arrest poundable of either Judicial
without description Magistrate.]
warrant. for 2 years, or
fine, or both.
171. Wearing garb Ditto Summons Ditto Ditto Imprisonment Ditto.
or carrying of either
token used by description
public servant for 3 months,
with or fine of
fraudulent Taka 200, or
intent. both.
.
1
The entry was substituted, for the former entry "Metropolitan Magistrate or Magistrate of the first class"
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iv).
2 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
4 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
288 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal Code triable.
arrest summons not.
without shall
warrant ordinarily
or not. issue in
the first
instance.
CHAPTER IXA.—OFFENCES RELATING TO ELECTIONS
1
171E. Bribery Shall not Summons Bailable Not com- Imprisonment [Any
arrest poundable. of either Judicial
without description Magistrate.]
warrant. for one year,
or fine, or
both or if
treating only,
fine only.
171F. Undue Ditto Ditto Ditto Ditto Imprisonment Ditto.
influence and of either
personation at description
an election. for one year,
or fine, or
both.
171G. False Ditto Ditto Ditto Ditto Fine Ditto.
statement in
connection
with an
election.
171H. Illegal Ditto Ditto Ditto Ditto Fine of 500 Ditto.
payments in Taka
connection
with elections.
171-I. Failure to Ditto Ditto Ditto Ditto Ditto Ditto.
keep election
accounts.
2
172. Absconding to Shall not Summons Bailable Not com- Simple [Any
avoid service arrest poundable imprisonment Judicial
of summons without for 1 month, Magistrate.]
or other warrant. or fine of 500
proceeding Taka, or both.
from a public
servant.
.
.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 289
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal Code triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
172. If summons or Ditto Ditto Ditto Ditto Simple Ditto
Contd. notice require imprisonment
attendance in for 6 months,
person, etc., in or fine of
a Court of 1,000 Taka, or
Justice. both.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
290 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
174. If the order Shall Summons Bailable Not com- Simple [Any Judicial
Contd. require not poundable imprisonment Magistrate.]
personal arrest for 6 months,
attendance, without or fine of
etc., in a warrant. 1,000 Taka,
Court of or both.
Justice.
175. Intentionally Ditto Ditto Ditto Ditto Simple The Court in
omitting to imprisonment which the
produce a for 1 month, offence is
document to or fine of 500 committed
a public Taka, or subject to the
servant by a both. provisions of
person Chapter
legally bound XXXV; or, if
to produce or not committed
deliver such in a Court, a
2
document. [Metropolitan
Magistrate or
Magistrate] of
the first or
second class.
If the Ditto Ditto Ditto Ditto Simple Ditto
document is imprisonment
required to for 6 months,
be produced or fine of
in or deliver 1,000 Taka,
to a Court of or both.
Justice.
3
176. Intentionally Ditto Ditto Ditto Ditto Simple [Any Judicial
omitting to imprisonment Magistrate.]
give notice or for 1 month,
information or fine of 500
to a public Taka, or
servant by a both.
person
1 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the Code
of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule.
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 291
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
176 legally bound
contd. to give such
notice or
information.
1
If the notice Shall Summons Bailable Not com- Simple [Any Judicial
or not poundable imprisonment Magistrate.]
information arrest for 6 months or
required without fine of 1,000
respects the warrant. Taka, or both.
commission
of an
offence, etc.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).(b)(v).
292 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what Court
the warrant or bailable compoun- under the triable.
police a or not. dable or Penal Code
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
179. Being legally Shall not Summons Bailable Not com- Simple The Court in
bound to arrest poundable imprison- which the
state truth, without ment for 6 offence is
and refusing warrant. months or committed,
to answer fine of subject to the
questions. 1,000 Taka, provisions of
or both. Chapter
XXXV; or, if
not committed
in a Court, a
2
[Metropolitan
Magistrate or
Magistrate] of
the first or
second class.
180. Refusing to Ditto Ditto Ditto Ditto Simple The Court in
sign a imprison- which the
statement ment for 3 offence is
made to a months, or committed,
public fine of 500 subject to the
servant when Taka, or provisions of
legally both. Chapter
required to XXXV; or, if
not committed
do so.
in a Court, a
.
1
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule.
2
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule, sl.
79(b).
1898: Act V] Criminal Procedure 293
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what Court
the warrant or bailable compoun- under the triable.
police a or not. dable or Penal Code
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
[Metropolitan
Magistrate or
Magistrate] of
the first or
second class.
2
181. Knowingly Ditto Warrant Ditto Ditto Imprison- [Metropolitan
stating to a ment of Magistrate or
public servant either Magistrate of
on oath as true description the first or
that which is for 3 years, second class.]
false. and fine.
3
182. Giving false Shall Summons Bailable Not com- Imprison- [Any Judicial
information to not poundable ment of Magistrate.]
a public arrest either
servant in without description
order to cause warrant. for 6
him to use his months, or
lawful power fine of
to the injury or 1,000
annoyance of Taka, or
any person. both.
1
The words "Metropolitan Magistrate or Magistrate" were substituted for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980), section 34(1)(b)(v).
2
The entry "Metropolitan Magistrate of Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
294 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the warrant or bailable compoun- under the Court
police a summons or not. dable or Penal Code triable.
may shall not.
arrest ordinarily
without issue in the
warrant first
or not. instance.
1
184. Obstructing sale Ditto Ditto Ditto Ditto Imprison- [Any
of property ment of Judicial
offered for sale either Magistrate.]
by authority of a description
public servant. for 1
month, or
fine of 500
Taka, or
both.
185. Bidding by a Ditto Ditto Ditto Ditto Imprison- Ditto
person under a ment of
legal incapacity either
to purchase it, description
for property at a for 1
lawfully month, or
authorized sale, fine of 200
or bidding Taka, or
without both.
intending to
perform the
obligations
incurred
thereby.
2
186. Obstructing Shall Summons Bailable Not com- Imprison- [Any
public servant in not poundable ment of Judicial
discharge of his arrest either Magistrate.]
public without description
functions. warrant. for 3
months, or
fine of 500
Taka or
both.
1 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
2 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
1898: Act V] Criminal Procedure 295
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
187. Wilfully Ditto Ditto Ditto Ditto Simple Ditto.
Contd. neglecting to imprison-
aid a public ment for 6
servant who months, or
demands aid in fine of 500
the execution Taka or
of process, the both.
prevention of
offences, etc.
1
188. Disobedience Ditto Ditto Ditto Ditto Simple [Any Judicial
to an order imprison- Magistrate.]
lawfully ment for 1
promulgated month, or
by a public fine of 200
servant, if Taka, or
such both.
disobedience
causes
obstruction,
annoyance or
injury to
persons
lawfully
employed.
2
If such Shall Summons Bailable Not com- Imprison- [Any Judicial
disobedience not poundable ment of Magistrate.]
causes danger arrest either
to human life, without description
health or warrant. for 6
safety, etc. months, or
fine of
1,000 Taka,
or both.
189. Threatening a Ditto Ditto Ditto Ditto Imprison- Ditto.
public servant ment of
with injury to either
him, or one in description
whom he is for 2 years,
interested, to or fine, or
both.
1
The entry "Any Judicial Magistrate" was substituted, for the former entry "Metropolitan Magistrate or
Magistrate of the first or second class" by the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(v).
2 The words “Any Judicial Magistrate” were substituted for the words “Any Magistrate” by section 100
of the Code of Criminal Procedure (Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st
November, 2007)
296 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
189. in- duce him
Contd. to do or
forbear to do
any official
act.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
1898: Act V] Criminal Procedure 297
.
.
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
194. If innocent Ditto Ditto Ditto Ditto Death, or Ditto.
Contd. person be as above.
thereby
convicted and
executed.
195. Giving or Ditto Ditto Ditto Ditto The same Ditto.
fabricating as for the
false evidence offence.
with intent to
procure
conviction of
an offence
punishable
with
transportation
for life or with
imprisonment
for 7 years or
upwards.
1
196. Using in a Shall Warrant According Not com- The same [Metropolitan
judicial not as the poundable as for Magistrate or
proceeding arrest offence of giving or Magistrate of
evidence without giving fabricating the first class.]
known to be warrant. such false
false or evidence evidence.
fabricated. is bailable
or not.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session or Magistrate of the first class" by the Code of Criminal Procedure (Amendment) Act, 1980
(Act No. IV of 1980), section 2(1)(a)(i).
298 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal triable.
arrest summons not. Code.
without shall
warrant or ordinarily
not. issue in
the first
instance.
199. False Ditto Ditto Ditto Ditto Ditto Ditto.
statement
made in any
declaration
which is by
law receivable
as evidence.
200. Using as true Ditto Ditto Ditto Ditto Ditto Ditto.
any such
declaration
known to be
false.
1
201. Causing Shall not Warrant Bailable Not com- Imprison- [Metropoli-
disappearance arrest poundable ment of tan
of evidence of without either Magistrate
an offence warrant. description or
committed, or for 7 years, Magistrate
giving false and fine. of the first
information class.]
touching it to
screen the
offender, if a
capital
offence.
2
If punishable Ditto Ditto Ditto Ditto Imprison- [Metropoli-
with ment of tan
transporta- either Magistrate
tion for life or description or
imprisonment for 3 years, Magistrate
for 10 years. and fine. of the first or
second
class.]
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
1898: Act V] Criminal Procedure 299
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal triable.
arrest summons not. Code.
without shall
warrant or ordinarily
not. issue in
the first
instance.
1
201. If punishable Ditto Ditto Bailable Ditto Imprison- [Metropoli-
Contd. with less than ment for a tan
10 years' quarter of Magistrate
imprisonment. the longest or
term, and Magistrate]
of the of the first
description, class or
provided Court by
for the which the
offence, or offence is
fine, or triable.
both.
2
202. Intentional Shall not Summons Bailable Not com- Imprison- [ Any
omission to arrest poundable ment of Judicial
give without either Magistrate.]
information of warrant. description
an offence by for 6
a person months, or
legally bound fine, or
to inform. both.
203. Giving false Ditto Warrant Ditto Ditto Imprison- Ditto.
information ment of
respecting an either
offence description
committed. for 2 years,
or fine, of
both.
3
204. Secreting of Ditto Ditto Ditto Ditto Imprison- [Any
destroying ment of Judicial
any document either Magistrate.]
to prevent its description
production as for 2 years,
evidence. or fine, or
.
both.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule.
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
300 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may arrest a or not. dable or Penal triable.
without summons not. Code.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
205. False Ditto Ditto Ditto Ditto Imprison- [Metropo
personation for ment of li-tan
the purpose of either Magistrat
any act or description e or
proceeding in for 3 years Magistrat
a suit or or fine, or e of the
criminal both. first or
prosecution, or second
for becoming class.]
bail or
security.
2
206. Fraudulent Shall not Warrant Bailable Not com- Imprison- [Any
removal or arrest poundable ment of Judicial
concealment, without either Magistrate.]
etc., of warrant. description
property to for 2 years,
prevent its or fine, or
seizure as a both.
forfeiture, or
in satisfaction
of a fine under
sentence, or in
execution of a
decree.
207. Claiming Ditto Ditto Ditto Ditto Ditto Ditto
property without
right, or
practising
deception
touching any
right to it, to
prevent its being
taken as a
forfeiture, or in
satisfaction of a
fine under
sentence, or in
execution of a
.
decree.
1
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 301
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal triable.
arrest summons not. Code.
without shall
warrant ordinarily
or not. issue in
the first
instance.
1
208. Fraudulently Ditto Ditto Ditto Ditto Imprison- [Any
suffering a ment of Judicial
decree to pass either Magistrate.]
for a sum not description
due, or for 2 years,
suffering or fine, or
decree to be both.
executed after
it has been
satisfied.
2
209. False claim in Shall not Warrant Bailable Not com- Imprison- [Any
a Court of arrest poundable ment of Judicial
Justice. without either Magistrate.]
warrant. description
for 2 years,
and fine.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
302 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal triable.
arrest summons not. Code.
without shall
warrant or ordinarily
not. issue in
the first
instance.
1
211. If offence Ditto Ditto Ditto Ditto Imprison- [Metropoli-
Contd. charged be ment of tan
punishable either Magistrate
with description or
imprisonment for 7 years, Magistrate
for 7 years or and fine. of the first
upwards. class.]
If offence Ditto Ditto Ditto Ditto Imprison- Ditto
charged be ment of
capital, or either
punishable description
with for 7 years,
transportatio and fine.
n for life.
2
212. Harbouring an May Warrant Bailable Not com- Imprison- [Metropoli-
offender, if arrest poundable ment of tan
the offence be without either Magistrate
capital. warrant. description or
for 5 years, Magistrate
and fine. of the first
class.]
3
If punishable Ditto Ditto Ditto Ditto Imprison- [Metropoli-
with ment of tan
transpor- either Magistrate
tation for life, description or
or with for 3 years, Magistrate
imprison-ment and fine. of the first
for 10 years. or second
class.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal Code
(Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
3
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iv).
1898: Act V] Criminal Procedure 303
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the police a warrant bailable compoun- under the triable.
may or a or not. dable or Penal
arrest summons not. Code.
without shall
warrant ordinarily
or not. issue in
the first
instance.
1
212. If punishable Ditto Ditto Ditto Ditto Imprison- [Metropoli-
Contd. with ment for a tan Magistrate
imprison- quarter of or Magistrate]
ment for 1 the longest of the first
year and not term, and class or Court
for 10 years. of the by which the
description, offence is
provided triable.
for the
offence, or
fine, or
both.
2
213. Taking gift, Imprison- [Metropoli-
etc., to screen ment of tan Magistrate
an offender either or Magistrate
from description of the first
punishment, if for 7 years, class.]
the offence be and fine.
capital.
3
If punishable May Warrant Bailable Not com- Imprison- [Metropoli-
with transpor- arrest poundable ment of tan Magistrate
tation for life without either or Magistrate
or with warrant. description of the first or
imprison- for 3 years, second class.]
ment for 10 and fine.
years.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule.
2 The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iv).
3
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iv).
304 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable compoun- under the Court
may or a or not. dable or Penal triable.
arrest summons not. Code.
without shall
warrant ordinarily
or not. issue in
the first
instance.
1
213. If with Ditto Ditto Ditto Ditto Imprison- [Metropoli-
Contd. imprisonment ment for a tan Magistrate
for less than quarter of the or Magistrate]
10 years. longest term, of the first
and of the class, or Court
description, by which the
provided for offence is
the offence, triable.
or fine or
both.
2
214. Offering gift Shall not Ditto Ditto Ditto Imprison- [Metropoli-
or restoration arrest ment of tan Magistrate
of property in without either or Magistrate
consideration warrant. description of the first
of screening for 7 years, class.]
offender, if and fine.
the offence be
capital.
3
If punishable Ditto Ditto Ditto Ditto Imprison- [Ditto]
with transpor- ment of
tation for life, either
or with description
imprison-ment for 3 years,
for 10 years. and fine.
4
If with Shall not Warrant Bailable Not com- Imprison- [Metropoli-
imprisonment arrest poundable ment for a tan
for less than without quater of the Magistrate
10 years. warrant. longest term, or
and of the Magistrate]
description, of the first
provided for class, or
the offence, Court by
or fine, or which the
both. offence is
1
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule.
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
3
The word "Ditto" was substituted, for the words "Metropolitan Magistrate or Magistrate of the first
class" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of 1980), section
6(2)(b).
4
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule, sl.
79(e)(ii).
1898: Act V] Criminal Procedure 305
.
triable.
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may arrest a or not. dable or Penal Code. triable.
without summons not.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
215. Taking gift to May Imprison- [Any
help to recover arrest ment of Judicial
movable without either Magistrate.]
property of warrant. description
which a for 2 years,
person has or fine, or
been deprived both.
by an offence,
without
causing
apprehension
of offender.
2
216. Harbouring an Imprison- [Metropoli-
offender who ment of tan
has escaped either Magistrate
from custody, description or
or whose for 7 years Magistrate
apprehension and fine. of the first
has been class.]
ordered, if the
offence be
capital.
If punishable May Warrant Bailable Not com- Imprison- Metropoli-
with arrest poundable ment of tan
transpor- without either Magistrate
tation for life, warrant. description or
or with for 3 years, Magistrate
imprison-ment with or of the first
for 10 years. without class.
fine.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
306 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal triable.
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
216. If with Ditto Ditto Ditto Ditto Imprison- [Metropoli-
contd. imprisonment ment for a tan
for 1 year and quater of Magistrate
not for 10 years. the longest or
term, and Magistrate]
of the of the first
description, class, or
provided Court by
for the
which the
offence, or
offence is
fine, or
both. triable.
2
216A. Harbouring Ditto Ditto Ditto Ditto Rigorous [Metropoli-
robbers or imprison- tan
dacoits. ment for 7 Magistrate
years and or
fine. Magistrate
of the first
class.]
3
217. Public servant Shall Summons Ditto Ditto Imprison- [Any
disobeying a not ment of Judicial
direction of law arrest either Magistrate.]
with intent to without description
save person warrant. for 2 years,
from or fine, or
punishment, or both.
property from
forfeiture.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule, sl.
79(f)(ii).
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words "Court
of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of 1980), section
6(2)(a).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 307
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
218. Public servant Shall Warrant Bailable Not com- Imprison- [Metropoli-
framing an not poundable ment of tan Magistrate
incorrect arrest either or Magistrate
record or without description of the first or
writing with warrant. for 3 years, second class.]
intent to save with or
person from without
punishment, fine.
or property
from
forfeiture.
2
219. Public servant Ditto Ditto Ditto Ditto Imprison- [Metropoli-
in a judicial ment of tan Magistrate
proceeding either or Magistrate
corruptly description of the first
making an for 7 years, class.]
pronouncing or fine, or
and order both.
report, verdict
or decision
which he
knows to be
contrary to
law.
3
220. Commitment Ditto Ditto Ditto Ditto Ditto [Metropoli-
for trial or tan Magistrate
confinement or Magistrate
by a person of the first
having class.]
authority, who
knows that he
is acting
contrary to
law.
1
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
3 The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
308 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
221. Intentional Ditto Ditto Ditto Ditto Imprison- [Metropoli-
omission to ment of tan Magistrate
apprehend on either or Magistrate
the part of a description of the first
public servant for 7 years, class.]
bound by law with or
to apprehend without
and offender, fine.
if the offence
be capital.
2
If punishable Shall Warrant Bailable Not com- Imprisonment [Metropoli-
with not poundable of either tan Magistrate
transportation arrest description or Magistrate
for life, or without for 3 years, of the first or
imprisonment warrant. with or second class.]
for 10 years. without fine.
3
If with Ditto Ditto Ditto Ditto Imprisonment [Any Judicial
imprisonment of either Magistrate.]
for less than description
10 years. for 2 years,
with or
without fine.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the words
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b)(iii).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 309
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
222. Intentional Ditto Ditto Not Ditto Transpor- [ [Chief
omission to bailable tation for Metropolitan
apprehend on life, or Magistrate,]
the part of a imprison- 3
[Chief Judicial
public servant
bound by law ment of Magistrate or
to apprehend either Additional Chief
person under description Judicial
sentence of a for 14 years, Magistrate]
Court of with or specially
Justice if without fine. empowered by
under sentence the Government
of death. in that behalf.]
4
If under Shall Warrant Bailable Not com- Imprison- [Metropoli-
sentence of not poundable ment of tan Magistrate
imprisonment arrest either or Magistrate
for less than without description of the first or
10 years or warrant. for 3 years, second class.]
lawfully or fine, or
committed to both.
custody.
1
The entry "[Chief Judicial Magistrate or Additional Chief Judicial Magistrate] especially empowered by the
Government in that behalf" was substituted, for the former entry "Court of Session, Metropolitan Magistrate" by the
Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
2
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
3 The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 of the Code of Criminal Procedure
(Amendment) Act, 2009(Act No. XXXII of 2009)(with effect from 1st November, 2007)
4
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
5
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for "Ditto" by the
Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section
34(1)(b)(iii).
310 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
summons
may shall not.
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
223. Escape from Ditto Summons Ditto Ditto Simple [Any Judicial
confinement imprison- Magistrate.]
negligently ment for 2
suffered by a years, or fine,
public servant. or both.
224. Resistance or May Warrant Ditto Ditto Imprison- Ditto
obstruction by arrest ment of either
a person to his without description
lawful warrant. for 2 years, or
apprehension. fine, or both.
2
225. Resistance or Ditto Ditto Ditto Ditto Ditto [Any Judicial
obstruction to Magistrate.]
the lawful
apprehension
of another
person, or
rescuing him
from lawful
custody.
3
If charged with Ditto Ditto Not Ditto Imprison- [Metropolitan
an offence bailable ment of either Magistrate or
punishable description Magistrate of
with for 3 years, the first or
transportation and fine. second class.]
for life, or
imprisonment
for 10 years.
4
If charged with May Warrant Not Not com- Imprison- [Metropoli-tan
a capital arrest Bailable poundable ment of either Magistrate or
offence. without description Magistrate of
warrant. for 7 years, the first class.]
and fine.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3 The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
4
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 311
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
225. If the person is Ditto Ditto Ditto Ditto Ditto Ditto
contd. sentence to
transportation
for life, or to
transportation,
or
imprisonment
for 10 years or
upwards.
1 2
If under Ditto Ditto Ditto Ditto Transpor- [ [Chief
sentence of tation for life, Metropolitan
death. or imprison- Magistrate,]
3
ment of either [Chief Judicial
description Magistrate or
for 10 years Additional
and fine. Chief Judicial
Magistrate]
specially
empowered by
the Government
in that behalf.]
225A. Omission to
apprehend, or
sufferance of
escape, on part
of public
servant, in
cases not
otherwise
provided for−
4
(a) in case of Shall Warrent Bailable Not com- Imprisonment [Metropolitan
intentional not poundable of either Magistrate or
omission or arrest description Magistrate of
sufferance: without for 3 years, or the first or
warrant. fine, or both. second class.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "District Magistrate or Additional District Magistrate especially empowered by the Government
in that behalf" was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17.
2
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
3 The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate of Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
312 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
225A. (b) in case of Ditto Summons Ditto Ditto Simple 1
[Any Judicial
contd. negligent imprison- Magistrate.]
omission or ment for 2
years, or fine,
sufferance. or both.
225B. Resistance or May Warrant Ditto Ditto Imprison- Ditto
obstruction to arrest ment of either
lawful without description
apprehensive,
or escape or warrant. for 6 months,
rescue in or fine, or
cases not both.
otherwise
provided for.
226. 2
[***] [***] [***] [***] [***] [***] [***]
227. Violation of Shall Summons Ditto Ditto Punishment The Court by
condition of not of original which the
remission of arrest sentence, or, original
if part of the
punishment. without punishment offence was
warrant. has been triable.
undergone,
the residue.
228. Intentional Shall Summons Bailable Not com- Simple The Court in
insult of not poundable imprisonment which the
interruption to arrest for 6 months, offence is
a public without or fine of committed
servant sitting warrant. 1,000 Taka, subject to the
in any stage or both. provisions of
of a judicial Chapter
proceeding. XXXV.
3
229. Personation of Ditto Ditto Ditto Ditto Imprisonment [Any Judicial
a Jurer or of either Magistrate.]
assessor. description
for 2 years, or
fine, or both.
1
The words "Any Judicial Magistrate" were substituted, for the words "Any Magistrate" by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entries of columns 2,3,4,5,6,7 and 8 of section 226 were omitted by section 100(a) of the Code of
Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).b)(v).
1898: Act V] Criminal Procedure 313
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
2
The entry "District Magistrate or Additional District Magistrate especially empowered by the Government
in that behalf" was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17.
3
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
4 The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
5 The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
314 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
234. Making, Ditto Ditto Ditto Ditto Imprison- [Metropolitan
buying or ment of either Magistrate or
selling description Magistrate of
instrument for for 7 years, the first Class.]
the purpose of and fine.
counterfeiting
Bangladesh
coin.
1
235. Possession of Ditto Ditto Ditto Ditto Imprison- [Metropolitan
instrument or ment of either Magistrate or
material for description Magistrate of
the purpose of for 3 years, the first or
using the and fine. second class.]
same for
counterfeiting
coin.
2
If Bangladesh Ditto Ditto Ditto Ditto Imprison-ment [Court of
coin. of either Session, Chief
description for Metropolitan
10 years, and Magistrate,
3
[Chief Judicial
fine. Magistrate],
Additional
[Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the Government
in that behalf.]
4
236. Abetting in May Warrant Not Not com- The [Court of
Bangladesh arrest bailable poundable punishment Session.]
the without provided for
counterfeiting warrant. abetting the
out of counterfeiting
Bangladesh of of such coin
coin. within
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
2
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b).
3
The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section
100 (b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from
1st November 2007).
4
The entry "Court of Session" was substituted, for the former entry "Ditto" by the Code of Criminal
Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(ii).
1898: Act V] Criminal Procedure 315
Bangladesh.
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
237. Import or Ditto Ditto Ditto Ditto Imprisonment [Metro-politan
export of of either Magistrate or
counterfeit description Magistrate of
coin, knowing for 3 years, the first or
the same to be and fine. second class.]
counterfeit.
238. Import or Ditto Ditto Ditto Ditto Transporta- Court of
export of tion for life, Session.
counterfeit of or
Bangladesh imprisonment
coin, knowing of either
the same to be description
counterfeit. for 10 years,
and fine.
2
239. Having any Ditto Ditto Ditto Ditto Imprisonment [Metro-politan
counterfeit of either Magistrate or
coin known to description Magistrate of
be such when for 5 years, the first class.]
it came into and fine.
possession,
and
delivering,
etc., the same
to any person.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
316 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
240. The same May Warrant Not Not com- Imprisonment [Court of
with respect arrest bailable poundable of either Session, Chief
to without description Metropolitan
Bangladesh warrant. for 10 years, Magistrate,
2
[Chief Judicial
coin. and fine. Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the Government
in that behalf.]
3
241. Knowingly Ditto Ditto Ditto Ditto Imprisonment [Any Judicial
delivering to of either Magistrate.]
another any description
counterfeit for 2 years, or
coin as
genuine fine of ten
which, when times the
first value of the
possessed, coin
the deliverer counterfeited,
did not know or both.
to be
counterfeit.
4
242. Possession of Ditto Ditto Ditto Ditto Imprisonment [Metropolitan
counterfeit of either Magistrate or
coin by a description Magistrate of
person who for 3 years, the first or
knew it to be
counterfeit and fine. second class.]
when he
became
possessed
thereof.
.
1
The entry was substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The words "Any Judicial Magistrate" were substituted for the words "Any Magistrate" by section 100 (b)
of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
4
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
1898: Act V] Criminal Procedure 317
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what Court
the warrant or bailable compoun- under the triable.
police a or not. dable or Penal Code.
may summons not.
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
243. Possession of May Warrant Not Not com- Imprisonment [Metropolitan
Bangladesh arrest bailable poundable of either Magistrate or
coin by a without description Magistrate of
person who warrant. for 7 years, the first class.]
knew it to be
counterfeit and fine.
when he
became
possessed
thereof.
2
244. Person Ditto Ditto Ditto Ditto Ditto [Metropolitan
employed in a Magistrate or
Mint causing Magistrate of
coin to be of a the first class.]
different
weight or
composition
from that fixed
by law.
3
245. Unlawfully Ditto Ditto Ditto Ditto Ditto [Metropolitan
taking from a Magistrate or
Mint any Magistrate of
coining the first class.]
instrument.
4
246. Fraudulently Ditto Ditto Ditto Ditto Imprisonment [Metropolitan
diminishing the of either Magistrate or
weight or altering description for Magistrate of
the composition 3 years, and the first or
of any coin. fine. second class.]
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
2 The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b).
4
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry " Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
318 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
247. Fraudulently Ditto Ditto Ditto Ditto Imprisonment [Metropolitan
diminishing the of either Magistrate or
weight or description for Magistrate of
altering the 7 years, and the first class.]
composition of fine.
Bangladesh
coin.
2
248. Altering May Warrant Not Not com- Imprisonment [Metropolitan
appearance arrest bailable poundable of either Magistrate or
of any coin without description Magistrate of
with intent warrant. for 3 years, the first or
that it shall and fine. second class.]
pass as a coin
of a different
description.
3
249. Altering Ditto Ditto Ditto Ditto Imprisonment [Ditto.]
appearance of either
of description
Bangladesh for 7 years,
coin with and fine.
intent that it
shall pass as
a coin of a
different
description.
250. Delivery to Ditto Ditto Ditto Ditto Imprisonment Ditto.
another of of either
coin description
possessed for 5 years,
with the and fine.
knowledge
that it is
altered.
1 The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Metropolitan Magistrate" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982
(Ordinance No. XXIV of 1982), section 34(1)(b)(iii).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry " Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The word "Ditto" was substituted, for the words "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Act, 1980 (Act No. XXX of 1980), section 6(2)(a).
1898: Act V] Criminal Procedure 319
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish-ment By what Court
the warrant or bailable compoun- under the triable.
police a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in the
or not. first
instance.
1
251. Delivery of Ditto Ditto Ditto Ditto Imprisonment [Court of
Bangladesh of either Session, Chief
coin possessed description Metropolitan
with the for 10 years, Magistrate,
2
knowledge that and fine. [Chief Judicial
it is altered. Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the Government
in that behalf.]
3
252. Possession of May Warrant Not Not com- Imprison- [Metropolitan
altered coin by a arrest bailable poundable ment of either Magistrate or
person who without description for Magistrate of
knew it to be warrant. 3 years, and the first class.]
altered when he fine.
became
possessed
thereof.
4
253. Possession of Ditto Ditto Ditto Ditto Imprison- [Ditto.]
Bangladesh ment of either
coin by a person description for
who knew it to 5 years, and
be altered when fine.
be became
possessed
thereof.
1
The entry was substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b)(iii).
4
The word "Ditto" was substituted, for the words "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Act, 1980 (Act No. XXX of 1980), section 6(2)(d).
320 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punish- By what Court
the a warrant bailable compoun- ment triable.
police or a or not. dable or under the
may summons not. Penal
arrest shall Code.
without ordinarily
warrant issue in
or not. the first
instance.
1
254. Delivery to an Ditto Ditto Ditto Ditto Imprison- [Any Judicial
other of coin as ment of Magistrate]
genuine which, either
when first description
possessed, the for 2 years,
deliverer did or fine of ten
not know to be times the
altered. value of the
coin.
2 3
255. Counterfeiting Ditto Ditto Bailable Ditto Transpor- [ [Chief
a Government tation for Metropolitan
stamp. life, or Magistrate,]
imprison- [Chief Judicial
ment of Magistrate or
either Additional Chief
description Judicial
for 10 years, Magistrate]
and fine. specially
empowered by the
Government in
that behalf.]
4
256. Having May Warrant Bailable Not com- Imprison- [Metropolitan
possession of arrest poundable ment of Magistrate or
an instrument without either Magistrate of
or material for warrant. description the first class.]
the purpose of for 7
counterfeiting years, and
a Government fine.
stamp.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1 The words "Any Judicial Magistrate" were substituted for the words "Any Magistrate" by section 100 (b)
of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
3
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
4
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 321
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punish- By what Court
the a warrant bailable compoun- ment triable.
police or a or not. dable or under the
may summons not. Penal
arrest shall Code.
without ordinarily
warrant issue in
or not. the first
instance.
1
257. Making, Ditto Ditto Ditto Ditto Imprison- [Metropolitan
buying or ment of Magistrate or
selling either Magistrate of
instrument for description the first class.]
the purpose of for 7
counterfeiting years, and
a Government fine.
stamp.
258. Sale of Ditto Ditto Ditto Ditto Ditto Ditto
counterfeit
Government
stamp.
2
259. Having Ditto Ditto Ditto Ditto Ditto [Metropolitan
possession of Magistrate or
counterfeit Magistrate of
Government the first class.]
stamp.
260. Using as Ditto Ditto Ditto Ditto Imprison- Ditto.
genuine a ment of
Government either
stamp known description
to be for 7
counterfeit. years, or
fine, or
both.
3
262. Using a Ditto Ditto Ditto Ditto Imprison- [Any Judicial
Government ment of Magistrate.]
stamp known either
to have been description
before used. for 2
years, or
fine, or
both.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34.
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
3 The words "Any Judicial Magistrate" were substituted for the words "Any Magistrate" by section 100 (b)
of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
322 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court
police a summons or not. dable or the Penal triable.
may shall not. Code.
arrest ordinarily
without issue in the
warrant first
or not. instance.
1
261. Effacing any May Warrant Bailable Not com- Imprison- [Ditto.]
writing from a arrest poundable ment of
substance without either
bearing a warrant. description
Government for 3 years,
stamp, or and fine, or
removing from both.
a document at
stamp used for
it with intent to
cause loss to
Government.
2
262. Using a Ditto Ditto Ditto Ditto Imprison- [Any Judicial
Government ment of Magistrate.]
stamp known to either
have been description
before used. for 2 years,
or fine, or
both.
3
263. Erasure of mark Ditto Ditto Ditto Ditto Imprison- [Metropoli-
denoting that ment of tan Magistrate
stamp has been either or Magistrate
used. description of the first or
for 3 years, second class.]
or fine, or
both.
4
263A. Fictitious Ditto Ditto Ditto Ditto Fine of 200 [Any Judicial
stamps. Taka. Magistrate.]
CHAPTER XIII.- OFFENCES RELATING TO WEIGHTS AND
MEASURES
1
264. Fraudulent use Shall Summons Bailable Not com- Imprison- [Any
of false not poundable ment of Judicial
instrument for arrest either Magistrate.]
weighing. without description
1
The word "Ditto" was substituted, for the words "Metropolitan Magistrate or Magistrate of the first
class" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of 1980), section
6(2)(b).
2 The words "Any Judicial Magistrate" were substituted for the words "Any Magistrate" by section 100 (b)
of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
4 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).b)(v).
1898: Act V] Criminal Procedure 323
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court
police a summons or not. dable or the Penal triable.
may shall not. Code.
arrest ordinarily
without issue in the
warrant first
or not. instance.
265. Fraudulent use Ditto Ditto Ditto Ditto Ditto Ditto.
of false weight
or measure.
266. Being in Ditto Ditto Ditto Ditto Ditto Ditto.
possession of
false weights or
measures for
fraudulent use.
267. Making or Ditto Ditto Ditto Ditto Ditto Ditto.
selling false
weights or
measures for
fraudulent use.
CHAPTER XIV.—OFFENCES AFFECTING THE PUBLIC
HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS
2
269. Negligently May Summons. Bailable Not com- Imprison- [Any
doing any act arrest poundable ment of Judicial
known to be without either Magistrate.]
likely to spread warrant. description
infection of any for 6
disease months, or
dangerous to fine, or
life. both.
3
270. Malignantly May Summons Bailable Not com- Imprison- [Any
doing any act arrest poundable ment of Judicial
known to be without either Magistrate.]
likely to spread warrant description
infection of any for 2 years,
disease or fine, or
dangerous to both.
life.
1
The entry "Any Judicial Magistrate" were substituted for the words "Any Magistrate" by section 100 (b)
of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
324 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court
police a summons or not. dable or the Penal triable.
may shall not. Code.
arrest ordinarily
without issue in the
warrant first
or not. instance.
271. Knowingly Shall Ditto Ditto Ditto Imprison- Ditto.
disobeying not ment of
any quarantine arrest either
rule. without description
warrant. for 6
months, or
fine, or
both.
272. Adulterating Ditto Ditto Ditto Ditto Imprison- Ditto.
food or drink ment of
intended for either
sale, so as to description
make the same for 6
noxious. months, or
fine of
1,000
Taka, or
both.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 325
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punish-ment By what
the warrant or bailable compoun- under the Court
police a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
275. preparation
Contd. known to
have been
adulterated.
276. Knowingly Ditto Ditto Ditto Ditto Ditto Ditto
selling or
issuing from
a dispensary
any drug or
medical
preparation
as a different
drug or
medical
preparation.
1
277. Defiling the May Ditto Ditto Ditto Imprison- [Any
water of a arrest ment of Judicial
public spring without either Magistrate.]
or reservoir. warrant. description
for 3
months, or
fine of 500
Taka, or
both.
2
278. Making Shall Summons Bailable Not com- Fine of 500 [Any
atmosphere not poundable Taka Judicial
noxious to arrest Magistrate.]
health. without
warrant.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
326 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By what Court
the warrant or bailable compoun- under the triable.
police a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
279. etc. subject to
Contd. the
minimum of
1,000 Taka,
extend to
5,000 Taka,
or both.]
1
280. Navigating Ditto Ditto Ditto Ditto Ditto [Metropolitan
any vessel Magistrate or
so rashly or Magistrate] of
negligently the first or
as to second class.
endanger
human life,
etc.
2
281. Exhibition Ditto Warrant Ditto Ditto Imprison- [Metropolitan
of a false ment of Magistrate or
light, mark either Magistrate of
or buoy. description the first class.]
for 7 years,
or fine, or
both.
3
282. Conveying May Summons Bailable Not com- Imprison- [Any Judicial
for hire any arrest poundable ment of Magistrate.]
person by without either
water, in a warrant. description
vessel in for 6
such a state, months, or
or so loaded fine of
as to 1,000 Taka,
endanger his or both.
life.
283. Causing Ditto Ditto Ditto Ditto Fine of 200 Ditto.
danger, Taka.
obstruction
or injury in
any public
1
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule, sl.
79(b).
2
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 327
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court
police a summons or not. dable or the Penal triable.
may shall not. Code.
arrest ordinarily
without issue in the
warrant first
or not. instance.
283. way or line of
Contd. navigation.
284. Dealing with Shall Ditto Ditto Ditto Imprison- Ditto.
any poisonous not ment of
substance so as arrest either
to endanger without description
human life, etc. warrant. for 6
months, or
fine of
1,000
Taka, or
both.
1
285. Dealing with May Ditto Ditto Ditto Ditto [Any
fire or any arrest Judicial
combustible without Magistrate.]
matter so as to warrant.
endanger
human life, etc.
286. So dealing with Ditto Ditto Ditto Ditto Ditto Ditto.
any explosive
substance.
2
287. So dealing with Shall Summons Bailable Not com- Imprison- [Any
any machinery. not poundable ment of Judicial
arrest either Magistrate.]
without description
warrant. for 6
months, or
fine of
1,000 Taka
or both.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
328 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court
police a summons or not. dable or the Penal triable.
may shall not. Code.
arrest ordinarily
without issue in the
warrant first
or not. instance.
288. A person Ditto Ditto Ditto Ditto Ditto Ditto.
omitting to
guard against
probable
danger to
human life by
the fall of any
building over
which he has a
right entitling
him to pull it
down or repair
it.
1
289. A person May Ditto Ditto Ditto Imprison- [Any
omitting to arrest ment of Judicial
take order with without either Magistrate.]
any animal in warrant. description
his possession, for 6
so as to guard months, or
against danger fine of
to human life, 1,000
or of grievous Taka, or
hurt, from both.
such animal.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 329
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court
police a summons or not. dable or the Penal triable.
may shall not. Code.
arrest ordinarily
without issue in the
warrant first
or not. instance.
1
292. Sale, etc., of Ditto Warrant Ditto Ditto Imprison- [Metro-
obscene ment of politan
books, etc. either Magistrate
description or
for 3 Magistrate
months, or of the first
fine, or or second
both. class.]
2
293. Sale, etc., of Ditto Ditto Ditto Ditto Imprison- [Any
obscene ment of Judicial
objects to either Magistrate.]
young persons. description
for 6
months, or
fine, or
both.
3
294. Obscene Ditto Ditto Ditto Ditto Imprison- [Any
songs. ment of Judicial
either Magistrate.]
description
for 3
months, or
fine, or
both.
4
294A. Keeping a Shall Summons Bailable Not com- Imprison- [Any
lottery office. not poundable ment of Judicial
arrest either Magistrate.]
without description
warrant. for 6
months, or
fine, or
both.
1 The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
4
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
330 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court
police a or not. dable or the Penal triable.
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
Publishing Ditto Ditto Ditto Ditto Fine of Ditto.
proposals 1,000 Taka
relating to
lotteries.
1
[294B. Offering of Ditto Ditto Ditto Ditto Imprison- Ditto.]
prize in ment of
connection either
with trade, etc. description
for 6
months, or
fine, or
both.
CHAPTER XV.—OFFENCES RELATING TO RELIGION
2
295. Destroying, May Summons Bailable Not com- Imprison- [Any
damaging or arrest poundable ment of Judicial
defiling a place without either Magistrate.]
of worship or warrant. description
sacred object
with intent to for 2 years,
insult the or fine, or
religion of any both.
class of
persons.
3 4
[295A. Maliciously Shall Warrant Not Ditto Ditto [Any
insulting the not bailable Judicial
religion or the arrest Magistrate.]]
religious without
beliefs of any warrant.
class.
1
Section 294B was inserted by the Code of Criminal Procedure (Amendment) Ordinance, 1982
(Ordinance No. IX of 1982), section 3(b).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
This item was inserted by the Criminal Law Amendment Act, 1927 (Act No. XXV of 1927).
4 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 331
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish-ment By what
the warrant or bailable compoun- under the Court
police a summons or not. dable or Penal Code. triable.
may shall not.
arrest ordinarily
without issue in the
warrant first
or not. instance.
1
296. Causing a May Summons Bailable Not com- Imprison- [Any
disturbance to arrest poundable ment of Judicial
an assembly without either Magistrate.]
engaged in warrant. description
religious for one year,
worship. or fine, or
both.
2
297. Trespassing in Ditto Ditto Ditto Ditto Ditto [Any
place of Judicial
worship or Magistrate.]
sepulture,
disturbing
funeral with
intention to
wound the
feelings or to
insult the
religion of any
person, or
offering
indignity to a
human corpse.
1 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
332 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By what
the warrant or bailable compoun- under the Court
police a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in the
or not. first
instance.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "5" was substituted, for the former entry "2" by the Code of Criminal Procedure (Amendment)
Ordinance, 1982 (Ordinance No. IX of 1982), section 34(c)(i).
2
The entry "Ditto" was substituted, for the former entry "Metropolitan Magistrate or Magistrate of the
first class" by the Code of Criminal Procedure (Amendment) Ordinance, 1982 (Ordinance No. IX of 1982),
section 34(c)(i).
1898: Act V] Criminal Procedure 333
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 3
[304B. Causing death May Warrant Bailable Not com- Imprisonment [Metropoli-
by rash arrest poundable of either tan
driving or without description Magistrate or
riding on a warrant. for 2[3 years], Magistrate of
public way. or fine, or the first
both. class.]
305. Abetment of Ditto Ditto Not Ditto Death, or Court of
suicide bailable transportation Session.
committed by for life, or
a child, or imprisonment
insane or for 10 years,
delirious and fine.
person or an
idiot, or a
person
intoxicated.
4
306. Abetting the Ditto Ditto Ditto Ditto Imprisonment [Court of
commission of either Session,
of suicide. description Chief
for 10 years, Metropolitan
and fine. Magistrate,
5
[Chief
Judicial
Magistrate,
Additional
Chief Judicial
Magistrate]
or Magistrate
of the first
class
specially
empowered
by the
Government
in that
1
Section 304B was inserted by the Code of Criminal Procedure (Amendment) Ordinance, 1982
(Ordinance No. IX of 1982), section, 3(d).
2
The entry "3 years" was substituted, for the former entry "7 years" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1985 (Ordinance No. XLIX of 1985), section 2(a).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Amendment) Ordinance, 1984 (Ordinance No. XXII of 1984),
section 2(a)(iii).
4
The entry was substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b(i).
5
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
334 Criminal Procedure [1898: Act V
behalf.]
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punish-ment By what
the warrant or bailable compoun- under the Court
police a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
307. Attempt to May Warrant Not Not com- Imprisonment [Court of
murder. arrest bailable poundable of either Session, Chief
without description Metropolitan
warrant. for 10 years, Magistrate,
2
and fine. [Chief
Judicial
Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered
by the
Government
in that
behalf.]
3 4
If such act Ditto Ditto Ditto Ditto Transporta- [ [Chief
cause hurt to tion for life, Metropolitan
any person. or as above. Magistrate,]
5
[Chief
Judicial
Magistrate or
Additional
Chief Judicial
Magistrate]
specially
empowered
by the
Government
in that
behalf.]
.
1
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
4
The entry was inserted by the Code of Criminal Procedure (Amendment) Ordinance, 1983 (Ordinance
No. IV of 1983), section 5.
5
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 335
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By what
the warrant or bailable compoun- under the Court triable.
police a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
307. Attempt by Ditto Ditto Ditto Ditto Death or as [Court of
Contd. life convict above. Session.]
to murder,
if hurt is
caused.
2
308. Attempt to May Warrant Bailable Not Imprisonment [Metropolitan
commit arrest compound- of either Magistrate or
culpable without able description Magistrate of
homicide. warrant. for 3 years, or the first or
fine, or both. second class.]
3
If such act Ditto Ditto Ditto Ditto Imprisonment [Court of
cause hurt of either Session, Chief
to any description Metropolitan
person. for 7 years, or Magistrate,
4
fine, or both. [Chief Judicial
Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the Government
in that behalf.]
5
309. Attempt to May Warrant Bailable Not com- Simple [Metropolitan
commit arrest poundable imprisonment Magistrate or
suicide. without for one year, Magistrate of
warrant. or fine, or the first or
.
both. second class.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Court of Session" was substituted, for the former entry "Ditto" by the Code of Criminal
Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(a).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b(iv).
3
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b(i).
4
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
5
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Magistrate" by the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No.
LXXXVI of 1976), Schedule, sl. 79(b).
336 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
311. Being a thug May Warrant Not Not Transporta- [ [Chief
arrest Bailable compound- tion for life, Metropolitan
without able and fine. Magistrate,]
3
warrant. [Chief Judicial
Magistrate or
Additional
Chief Judicial
Magistrate]
specially
empowered by
the Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "[Chief Judicial Magistrate or Additional Chief Judicial Magistrate] specially empowered by
the Government in that behalf" was substituted, for the former entry "Court of Session" by the Code of Criminal
Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
2
The entry "Chief Metropolitan Magistrate," was inserted by the Code of Criminal Procedure
(Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
3
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b(iv).
1898: Act V] Criminal Procedure 337
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punish-ment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
312. If the Shall Warrant Bailable Not com- Imprison- [Court of
contd. woman be not poundable. ment of Session, Chief
quick with arrest either Metropolitan
child. without description Magistrate,
2
[Chief Judicial
warrant. for 7 years, Magistrate,
and fine. Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the
Government in
that behalf.]
3
313. Causing Ditto Ditto Not Ditto Transpor- [Court of
miscarriage bailable tation for life, Session.]
without or
woman's imprisonment
consent. of either
description
for 10 years,
and fine.
4
314. Death Ditto Ditto Ditto Ditto Imprison- [Court of
caused by ment of Session, Chief
an act done either Metropolitan
with intent description Magistrate,
5
[Chief
.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Court of Session" was substituted, for the former entry "Ditto" by the Code of Criminal
Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(ii).
4 The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
5
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
338 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court triable.
police a or not. dable or the Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
314. to cause for 10 Judicial
contd. miscarriage. years, and Magistrate,
fine. Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the
Government in
that behalf.]
1
If act done Shall Warrant Not Not com- Transpor- [Court of
without not bailable poundable tation for Session.]
Woman's arrest life, or as
consent. without above.
warrant.
2
315. Act done Ditto Ditto Ditto Ditto Imprison- [Court of
with intent to ment of Session, Chief
prevent a either Metropolitan
child being description Magistrate,
3
born alive, or for 10 [Chief Judicial
to cause it to years, or Magistrate,
die after its fine, or Additional
birth. both. Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the
Government in
that behalf.]
.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Court of Session" was substituted, for the former entry "Ditto" by the Code of Criminal
Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(ii).
2
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
3
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 339
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punish- By what
the warrant or bailable compoun- ment under Court triable.
police a or not. dable or the Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
316. Causing Ditto Ditto Ditto Ditto Imprison- Ditto.
death of a ment of
quick unborn either
child by an description
act for 10
amounting to years, and
culpable fine.
homicide.
1
317. Exposure of May Warrant Bailable Not com- Imprison- [Metropolitan
a child under arrest poundable ment of Magistrate or
12 years of without either Magistrate of
age by parent warrant. description the first class.]
or person for 7 years,
having care or fine, or
of it with both.
intention of
wholly
abandoning
it.
2
318. Concealment Ditto Ditto Ditto Ditto Imprison- [Any Judicial
of birth by ment of Magistrate.]
secret either
disposal of description
dead body. for 2 years,
or fine, or
both.
Of Hurt
3
323. Voluntarily Shall Summons Bailable Compoun- Imprison- [Any Judicial
causing hurt. not dable ment of Magistrate]
arrest either
without description
warrant. for 1 year
or fine of
1,000 Taka
or both.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
340 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punish- By what
the a warrant bailable compoun- ment under Court triable.
police or a or not. dable or the Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
324. Voluntarily May Ditto Ditto Compoun- Imprison- [Metropolitan
causing hurt arrest dable when ment of Magistrate or
by dangerous without permission either Magistrate of
weapons or warrant. is given by description the first or
means. the Court for 3 years, second class.]
before or fine, or
which a both.
prosecution
is pending.
2
325. Voluntarily May Summons Bailable Compoun- Imprison- [Metropolitan
causing arrest dable when ment of Magistrate or
grievous hurt. without permission either Magistrate of
warrant. is given by description the first class.]
the Court for 7 years,
before and fine.
which a
prosecution
is pending.
3 4
326. Voluntarily Ditto Ditto Not Not Transpor- [ [Chief
causing bailable compoun- tation for Metropolitan
grievous hurt dable life, or Magistrate,]
5
by dangerous imprison- [Chief Judicial
weapons or ment of Magistrate or
means. either Additional
description Chief Judicial
for 10 Magistrate]
years, and specially
fine. empowered by
the Government
in that behalf.]
1
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Sessions" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
3
The entry "[Chief Judicial Magistrate or Additional Chief Judicial Magistrate] specially empowered by
the Government in that behalf" was substituted, for the former entry "Court of Session" by the Code of Criminal
Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
4
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
5
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 341
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
[326A. Voluntarily Ditto Warrant Ditto Ditto Death or Court of
causing transpor- Session].
grievous hurt tation for
in respect of life, and
both eyes, fine.
head or face
by means of
corrosive
substance,
etc.
2
327. Voluntarily May Warrant Not Not com- Imprison- [Court of Session,
causing hurt arrest bailable poundable ment of Chief
to extort without either Metropolitan
property or a warrant. description Magistrate,
3
valuable for 10 years, [Chief Judicial
security, or to and fine. Magistrate,
constrain to Additional Chief
do anything Judicial
which is Magistrate] or
illegal or Magistrate of the
which may first class specially
facilitate the empowered by the
commission Government in
of an offence. that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "section 326A" was inserted by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1984 (Ordinance No. LXX of 1984), section 3.
2
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
3
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
342 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punish-ment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
328. Administering Ditto Ditto Ditto Ditto Ditto [Court of Session,
stupefying Chief Metropolitan
drug with Magistrate, 2[Chief
intent to cause Judicial
hurt, etc. Magistrate,
Additional Chief
Judicial
Magistrate] or
Magistrate of the
first class specially
empowered by the
Government in
that behalf.]
329. Voluntarily Ditto Ditto Ditto Ditto
Transporta- Court of Session.
causing tion for life,
grievous hurt or
to extort imprisonment
property or a of either
valuable description
security, or to for 10 years,
constrain to do and fine.
anything
which is
illegal, or
which may
facilitate the
commission of
an offence.
3
330. Voluntarily May Warrant Bailable Not com- Imprison- [Metropolitan
causing hurt to arrest poundable ment of Magistrate or
extort without either Magistrate of the
confession or warrant. description first class.]
information or for 7 years,
to compel and fine.
restoration of
property, etc.
1 The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Metropolitan Magistrate of Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 343
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoundable under the Court
police or a or not. or not. Penal Code. triable.
may summons
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
331. Voluntarily Ditto Ditto Not Ditto Imprison- [Court of
causing bailable ment of Session,
grievous hurt to either Chief
extort description Metropolitan
confession or for 10 years, Magistrate,
2
information, or and fine. [Chief
to compel Judicial
restoration of Magistrate,
Additional
property, etc.
Chief
Judicial
Magistrate]
or Magistrate
of the first
class
specially
empowered
by the
Government
in that
behalf.]
3
332. Voluntarily Ditto Ditto Bailable Ditto Imprison- [Metropolit
causing hurt to ment of an
deter public either Magistrate
servant from description or
his duty. for 3 years, Magistrate
or fine, or of the first or
both. second
class.]
4
333. Voluntarily Ditto Ditto Not Ditto Imprison- [Court of
causing bailable ment of Session,
grievous hurt to either Chief
deter public description Metropolitan
servant from for 10 years, Magistrate,
5
his duty. and fine. [Chief
1
The entry was substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry was substituted, for the former entry "Metropolitan Magistrate of Magistrate of the first class"
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34.
4
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
5
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
344 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the warrant or bailable compoundable under the Court
police a or not. or not. Penal Code. triable.
may summons
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
333. Judicial
Contd. Magistrate,
Additional
Chief
Judicial
Magistrate]
or Magistrate
of the first
class
specially
empowered
by the
Government
in that
behalf.]
1
334. Voluntarily Shall Summons Bailable Compoundable Imprison- [Any
causing hurt on not ment of Judicial
grave and arrest either Magistrate.]
sudden without description
provocation,
not intending to warrant. for 1 month,
hurt any other or fine of
than the person 500 Taka or
who gave the both.
provocation.
2
335. Causing May Ditto Ditto Compoundable Imprison- [Metropo-
grievous hurt arrest when ment of litan
on grave and without permission is either Magistrate
sudden warrant. given by the description or
provocation,
not intending to Court before for 4 years, Magistrate
hurt any other which a or fine of of the first
than the person prosecution is 2,000 Taka class.]
who gave the pending. or both.
provocation.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 345
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the warrant or bailable compoundable under the Court
police a or not. or not. Penal Code. triable.
may summons
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
336. Doing any Ditto Ditto Ditto [Compoun- Imprison- [Any
act which dable when ment of Judicial
endangers permission is either Magistrate]
human life or given by the description
the personal Court before for 3 months,
safety of which the or fine of 250
others. prosecution is Taka or both.
pending.]
3
337. Causing hurt Ditto Ditto Ditto Compoundable Imprison- [Any
by an act when ment of either Judicial
which permission is description for Magistrate.]
endangers given by the 6 months, or
human life, Court before fine of 500
etc. which a Taka or both.
prosecution is
pending.
338. Causing May Summons Bailable Compoundable Imprisonment Any Judicial
grievous hurt arrest when of either Magistrate.
by an act without permission is description
which warrant. given by the for 2 years, or
Court before
endangers which a fine of
4
human life, prosecution is [5,000 Taka]
etc. pending. or both.
1
The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry "Not Compoundable" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(a)(i).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The entry "Any Judicial Magistrate" was substituted, for the former entry "Metropolitan Magistrate or
Magistrate of the first or second class" by the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(v).
4
The figure and word "5,000 Taka" were substituted, for the figure and word "1,000 Taka" by the Code of
Criminal Procedure (Amendment) Ordinance, 1982 (Ordinance No. IX of 1982), section 34(e).
346 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoundable under the Court
police or a or not. or not. Penal Code. triable.
may summons
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2 4
[338A Causing Ditto Warrant [Ditto.] Not Imprisonment [Metropoli-
grievous hurt compoundable of either tan
by rash description for Magistrate or
3
driving or [2 years], or Magistrate of
riding on a fine, or both. the first
public way. class.]]
Of Wrongful Restraint and Wrongful Confinement
5
341. Wrongfully Ditto Summons Ditto Compoundable Simple [Any
restraining imprisonment Judicial
any person. for 1 month, Magistrate.]
or fine or 500
Taka, or both.
6
342. Wrongfully Ditto Ditto Ditto Ditto Imprisonment [Any
confining any of either Judicial
person. description for Magistrate.]
1 year, or fine
of 1,000 Taka,
or both.
343. Wrongfully Ditto Ditto Ditto Compoundable Imprisonment Ditto.
confining for when permission of either
three or more is given by the description for
days. Court before 2 years, or
which the fine, or both.
prosecution is
pending.
1
The entry 338A. was inserted by the Code of Criminal Procedure (Amendment) Ordinance, 1982
(Ordinance No. IX of 1982), section 34(f).
2
The word "Ditto" was substituted, for the words "Not bailable" by the Code of Criminal Procedure
(Amendment) Ordinance, 1984 (Ordinance No. XXII of 1984), section 2(a)(i).
3
The figure and word "2 years" were substituted, for the former figure and word "5 years" by the Code of
Criminal Procedure (Amendment) Ordinance, 1985 (Ordinance No. XLIX of 1985), section 2(b).
4
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iii).
5
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
6
The entry "Any Judicial Magistrate" was substituted, for the former entry "Metropolitan Magistrate or
Magistrate of the first class or second class" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(v).
1898: Act V] Criminal Procedure 347
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By what
the warrant or bailable compoundable under the Court
police a or not. or not. Penal Code. triable.
may summons
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
344. Wrongfully May Summons Bailable [Compound- Imprisonment [Metro-
confining for arrest able when of either politan
10 or more without permission is description Magistrate
days. warrant. given by the for 3 years, or
Court before and fine. Magistrate
which the of the first or
prosecution is second
pending.] class.]
3 4
345. Keeping any Shall Ditto Ditto [Not Imprisonment [Any
person in not compound- of either Judicial
wrongful arrest able.] description Magistrate.]
confinement, without for 2 years, in
knowing that warrant. addition to
a writ has imprisonment
been issued under any
for his other section.
liberation.
1
The entry was substituted, for the former entry by the Law Reforms Ordinance, 1978 (Ordinance No.
XLIX of 1978), Schedule, sl. 98(a).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The entry was substituted, for the former entry by the Law Reforms Ordinance, 1978 (Ordinance No.
XLIX of 1978), Schedule, sl. 98(a)(ii).
4
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
348 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoundable under the Court
police or a or not. or not. Penal Code. triable.
may summons
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
347. Wrongful Ditto Ditto Ditto [Compound- Imprisonment [Metro-
confinement able when of either politan
for the permission is description Magistrate
purpose of given by the for 3 years, or
extorting Court before and fine. Magistrate
property, or which the of the first or
constraining prosecution is second
to an illegal pending.] class.]
act, etc.
3 4
348. Wrongful May Summons Bailable [Compoun- Imprisonment [Metropoli-
confinement arrest dable when of either tan
for the without permission is description for Magistrate or
purpose of warrant. given by the 3 years, and Magistrate of
extorting Court before fine. the first or
confession or which the second class.]
information, prosecution is
or of pending.]
compelling
restoration of
property, etc.
1
The entry was substituted, for the former entry "Not compoundable" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(a)(i).
2 The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The entry was substituted, for the former entry "Not compoundable" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(a)(ii).
4
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate of Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
1898: Act V] Criminal Procedure 349
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable or compoundable under the Court
police or a not. or not. Penal Code. triable.
may summons
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
Of Criminal Force and Assault
1
352. Assault or use Shall Summons Bailable Compoundable Imprisonment [Any
of criminal not of either Judicial
force arrest description Magistrate.]
otherwise without for 3 months,
than on grave warrant. or fine of 500
provocation. Taka, or both.
2 4
353. Assault or use May Warrant. [Not Not Imprisonment [Metro-
of criminal arrest bailable.] compoundable of either politan
force to deter without description Magistrate
a public warrant. for 3[3] years, or
servant from or fine, or Magistrate]
discharge of both. of the first
his duty. or second
class.
5 6 7
354. Assault or use Ditto Ditto [Bailable] [Compoun- [Imprison- Ditto.
of criminal dable when ment of either
force to a permission is description
woman with given by the for 2 years, or
Court before
intent to which the fine, or both.]
outrage her prosecution is
modesty. pending.]
355. Assault or Shall Summons Bailable Compound- Imprisonment Metropoli-
criminal force not able. of either tan
with intent to arrest description Magistrate
dishonour a without for 2 years, or or
person, warrant. fine, or both. Magistrate
otherwise of the first
than on grave or second
and sudden class.
provocation.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry was substituted, for the former entry "Bailable" by the Code of Criminal Procedure
(Amendment) Ordinance, 1982 (Ordinance No. IX of 1982), section 3(g)(i).
3
The figure "3" was substituted, for the figure "2" by the Code of Criminal Procedure (Amendment)
Ordinance, 1982 (Ordinance No. IX of 1982), section 3(g)(ii).
4
The words "Metropolitan Magistrate or Magistrate" were substituted, for the word "Magistrate" by the
Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule, sl.
79(b).
5
The entry "Bailable" was substituted, for the former entry "Ditto" by the Code of Criminal Procedure
(Amendment) Ordinance, 1982 (Ordinance No. IX of 1982), section 3(h).
6
The entry was substituted, for the former entry "Not compoundable" by the Law Reforms Ordinance,
1978 (Ordinance No. XLIX of 1978), Schedule, sl. 98(a)(i).
7
The entry was substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Amendment)
Ordinance, 1982 (Ordinance No. IX of 1982), section 3(h)(ii).
350 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or not. Penal Code. triable.
may summons
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
356. Assault or May Warrant. Not [Compoun- Ditto [Any
criminal force arrest bailable. dable when Judicial
in attempt to without permission is Magistrate.]
commit theft warrant. given by the
of property Court before
worn or which the
carried by a prosecution is
person. pending.]
357. Assault or use Ditto Ditto Bailable Compoundable Imprisonment Ditto.
of criminal when of either
force in permission is description for
attempt given by the 1 year, or fine
wrongfully to Court before of 1,000 Taka,
confine a which the or both.
person. prosecution is
pending.
3
358. Assault or use Shall not Summons Bailable Compoundable Simple [Any
of criminal arrest imprisonment Judicial
force on grave without for 1 month, Magistrate.]
and sudden warrant. or fine of 200
provocation. Taka, or both.
Of Kidnapping, Abduction, Slavery and Forced Labour.
4
363. Kidnapping May Warrant Bailable Not compoun- Imprisonment [Metro-
arrest dable of either politan
without description Magistrate
warrant. for 7 years or
and fine. Magistrate
of the first
class.]
364. Kidnapping Ditto Ditto Not Ditto Transporta- Court of
or abducting bailable tion for life, Session.
in order to or rigorous
murder. imprisonment
for 10 years,
.
and fine.
1
The entry was substituted, for the former entry "Not compoundable" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(a)(i).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
4
The entry "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 351
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punish-ment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
[364A Kidnapping Ditto Ditto Ditto Ditto Death, Ditto.]
or abducting a transporta-
person under tion for life,
the age of ten. or rigorous
imprisonment
for 14 years,
but not less
than 7 years.
1
365. Kidnapping Ditto Ditto Ditto Ditto Imprisonment [Metro-
or abducting of either politan
with intent description Magistrate or
secretly and for 7 years, Magistrate of
wrongfully to and fine. the first class.]
confine a
person.
2
366. Kidnapping May Warrant Not Not Imprison- [Court of
or abducting a arrest bailable compoun- ment of either Session, Chief
woman to without dable description Metropolitan
compel her warrant. for 10 years Magistrate,
3
marriage or to and fine. [Chief
cause her Judicial
defilement, Magistrate,
etc. Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the
Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
Section 364A. was inserted by the Code of Criminal Procedure (Amendment) Ordinance, 1982
(Ordinance No. IX of 1982), section 3(i).
2
The entry " Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional
Chief Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that
behalf" was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
3
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
352 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 1
[366A. Procuration Ditto Ditto Ditto Ditto Imprison- [Court of
of minor girl. ment of either Session, Chief
description Metropolitan
for 10 years, Magistrate,
2
and fine. [Chief
Judicial
Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered
by the
Government
in that behalf.]
366B. Importation Ditto Ditto Ditto Ditto Ditto Ditto.]
of girl from
foreign
country.
367. Kidnapping May Warrant Not Not Imprisonment Court of
or abducting arrest bailable compoun- of either Session, Chief
in order to without dable description Metropolitan
subject a warrant. for 10 years Magistrate,
3
person to and fine. [Chief
Judicial
grievous hurt,
Magistrate,
slavery, etc. Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered
by the
Government
in that behalf.
.
1
Items 366A and 366B were inserted by the Indian Penal Code (Amendment) Act, 1923 (Act No. XX of
1923), section 4.
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 353
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
ordinarily
without
issue in
warrant the first
or not. instance.
1
368. Concealing or Ditto Ditto Ditto Ditto Punishment [Court of
keeping in for Session, Chief
confinement kidnapping or Metropolitan
a kidnapped abduction. Magistrate,
2
person. [Chief Judicial
Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the Government
in that behalf.]
3
369. Kidnapping Ditto Ditto Ditto Ditto Imprisonment [Metropolitan
or abducting of either Magistrate or
a child with description Magistrate of
intent to take for 7 years, the first class.]
property from and fine.
the person of
such child.
4
370. Buying or Shall Warrant Bailable Not Imprisonment [Metropolitan
disposing of not compoun- of either Magistrate or
any person as arrest dable description Magistrate of
a slave. without for 7 years the first class.]
warrant. and fine.
1
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b)(iii).
4
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
354 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
371. Habitual May Ditto Not Ditto Transporta- [Court of
dealing in arrest bailable tion for life, or Session,
slaves. without imprisonment Chief
warrant. of either Metropolitan
description for Magistrate,
2
[Chief
10 years, and
Judicial
fine. Magistrate,
Additional
Chief
Judicial
Magistrate]
or Magistrate
of the first
class
specially
empowered
by the
Government
in that
behalf.]
3
372. Selling or Ditto Ditto Ditto Ditto Imprisonment [Court of
letting to hire of either Session,
a minor for description for Chief
purposes of 10 years, and Metropolitan
prostitution, fine. Magistrate,
4
[Chief
etc.
Judicial
Magistrate,
Additional
Chief
Judicial
Magistrate]
or Magistrate
of the first
1
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
4
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 355
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
372. class
Contd. specially
empowered
by the
Government
in that
behalf.]
373. Buying or May Warrant Not Not Imprisonment Court of
obtaining arrest bailable compoun- of either Session,
possession of without dable description for Chief
a minor for the warrant 10 years, and Metropolitan
same fine. Magistrate,
1
purposes. [Chief
Judicial
Magistrate,
Additional
Chief
Judicial
Magistrate]
or Magistrate
of the first
class
specially
empowered
by the
Government
in that
behalf.
2
374. Unlawful Shall Ditto Bailable Compoun- Imprisonment [Any
compulsory not dable of either Judicial
labour. arrest description for Magistrate.]
without 1 year, or fine,
warrant or both.
1
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
356 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
Of Rape
Rape
1
376. If the sexual Shall Summons Bailable Not Imprisonment [Chief
intercourse not compoun- of either Metropolitan
was by a arrest dable description Magistrate or
2
man with his without for 2 years, or [Chief Judicial
own wife not warrant. fine, or both. Magistrate].]
being under
12 years of
age.
3 4
If the sexual Shall Summons Bailable Not Transporta- [ [Chief
intercourse not compoun- tion for life, Metropolitan
was by a arrest dable or imprison- Magistrate,]
5
man with his without ment of either [Chief Judicial
own wife warrant. description Magistrate or
being under for 10 years, Additional Chief
12 years of and fine. Judicial
age. Magistrate]
specially
empowered by
the Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Chief Metropolitan Magistrate or [Chief Judicial Magistrate]" was substituted, for the former
entry by the Code of Criminal Procedure (Amendment) Ordinance, 1980 (Ordinance No. IV of 1980), section
2(vii).
2
The words “Chief Judicial Magistrate” were substituted for the words “District Magistrate” by section
100 (b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from
1st November 2007).
3
The entry "[Chief Judicial Magistrate or Additional Chief Judicial Magistrate] especially empowered by the
Government in that behalf" was substituted, for the former entry "Court of Session, Metropolitan Magistrate" by the
Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
4
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
5
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 357
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
376. In any other May Warrant Not Ditto Ditto [ [Chief
contd. case arrest bailable Metropolitan
without Magistrate,]
3
warrant. [Chief Judicial
Magistrate or
Additional Chief
Judicial
Magistrate]
specially
empowered by
the Government
in that behalf.]
Of Unnatural Offences
4 5
377. Unnatural May Warrant Not Not Transporta- [ [Chief
offences. arrest bailable Compoun- tion for life, Metropolitan
without dable or imprison- Magistrate,]
6
warrant. ment of either [Chief Judicial
description Magistrate or
for 10 years, Additional Chief
and fine. Judicial
Magistrate]
specially
empowered by
the Government
in that behalf.]
1 The entry "[Chief Judicial Magistrate or Additional Chief Judicial Magistrate] especially empowered by the
Government in that behalf" was substituted, for the former entry "Court of Session, Metropolitan Magistrate" by the
Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
2 The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Government in that behalf" was substituted, for the former entry "Court of Session, Metropolitan Magistrate" by the
Code of Criminal Procedure (Third Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
5 The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal Code.
may summons
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
CHAPTER XVII.- OFFENCES AGAINST PROPERTY
(Of Theft)
1 2
379. Theft May Warrant Not [Compoun- Imprisonment [Any Judicial
arrest bailable dable when of either Magistrate.]
without permission is description
warrant. given by the for 3 years, or
Court before fine, or both.
which the
prosecution
is pending.]
3 4
380. Theft in a Ditto Ditto Ditto [Compoun- Imprisonment [Any Judicial
building, dable when of either Magistrate.]
tent or permission is description
vessel. given by the for 7 years,
Court before and fine.
which the
prosecution
is pending.]
5 6
381. Theft by Ditto Ditto Ditto [Compoun- Imprisonment [Metropolitan
clerk or dable when of either Magistrate or
servant of permission is description Magistrate of
property in given by the for 7 years, the first class.]
possession Court before and fine.
of master which the
or prosecution
employer. is pending.]
1
The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry by the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of
1978), Schedule, sl. 98(a)(i).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry "Not Compoundable" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(a)(i).
4
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100 (b)
of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
5
The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry by the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of
1978), Schedule, sl. 98(a).
6
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of 1980),
section 6(2)(a).
1898: Act V] Criminal Procedure 359
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
382. Theft, May Warrant Not Not Rigorous [Court of
preparation arrest bailable compoun- imprisonment Session.]
having been without dable for 10 years,
made for warrant and fine.
causing
death, or hurt,
or restraint,
or fear of
death, or of
hurt or of
restraint, in
order to the
committing
of such theft,
or to retiring
after
committing it,
or to retaining
property
taken by it.
Of Extortion
2
384. Extortion Shall Warrant Bailable Not Imprisonment [Metropolitan
not compoun- of either Magistrate or
arrest dable description Magistrate of
without for 3 years, or the first or
warrant. fine, or both. second class.]
3 4
385. Putting or [May Ditto [Not Ditto Imprisonment Court of
attempting to arrest bailable of either Session].
put in fear of without description
injury, in warrant] for 14 years,
order to but not less
commit than 5 years.
.
extortion.
1
The entry "Court of Session" was substituted, for the former entry by the Code of Criminal Procedure
(Amendment) Act, 1980 (Act No. IV of 1980), section 2(1)(iii).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the former
entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The entry "May arrest without warrant " was substituted, for the former entry "Ditto" by the Code of
Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991), section 9(a).
4
The entry was substituted, for column 5, 6, 7 and 8 by the Code of Criminal Procedure (Amendment) Act,
2000 (Act No. XLI of 2000), section 4(ka).
360 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punish-ment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
386. Extortion by [Shall Warrant Not Not Imprison- [Court of
putting a not arrest bailable compound- ment of Session, Chief
person in fear without able either Metropolitan
of death or warrant.] description Magistrate,
3
grievous hurt. for 10 years, [Chief Judicial
Magistrate,
and fine.
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the
Government in
that behalf.]
1 4
387. Putting or [May Ditto Ditto Ditto [Imprison- Court of
attempting to arrest ment for life Session.]
put a person in without but not less
fear of death warrant] than 7 years.
or grievous
hurt in order to
commit
extortion.
5
388. Extortion by Shall Ditto Bailable Ditto Imprison- [Court of
threat of not ment of Session, Chief
accusation of arrest either Metropolitan
an offence without description Magistrate,
6
punishable warrant. for 10 years, [Chief Judicial
Magistrate,
with death, and fine.
Additional
transportation Chief Judicial
1
The entry "Shall not arrest without warrant" was substituted, for the former entry "Ditto" by the Code of
Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991), section 9(b).
2
The entry was substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
3
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The entry was substituted, for column 7 and 8 by the Code of Criminal Procedure (Amendment) Act, 2000
(Act No. XLI of 2000), section 4(b).
5
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
6
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 361
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punish- By what Court
the a warrant bailable compoun- ment under triable.
police or a or not. dable or the Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
388. for life, or Magistrate] or
Contd. imprisonment Magistrate of the
for 10 years. first class
specially
empowered by
the Government
in that behalf.]
1 2
If the offence Shall Warrant Bailable Not
Transpor- [ [Chief
threatened be not compoun- tation for Metropolitan
an unnatural arrest dable life. Magistrate,]
3
offence. without [Chief Judicial
Magistrate or
warrant Additional Chief
Judicial
Magistrate]
specially
empowered by
the Government
in that behalf.]
4
389. Putting a Ditto Ditto Ditto Ditto Imprison- [Court of
person in fear ment of Session, Chief
of accusation either Metropolitan
of offence description Magistrate,
5
[Chief Judicial
punishable for 10 Magistrate,
with death, years, and Additional Chief
transportation fine. Judicial
for life, or with Magistrate] or
imprisonment Magistrate of the
for 10 years, in first class
order to specially
commit empowered by
extortion. the Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for the former entry by the Code of Criminal Procedure (Third Amendment)
Ordinance, 1982 (Ordinance No. LX of 1982), section 17.
2
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
3
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The entry was substituted, for the former entry by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
5
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
362 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punish-ment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
389. If the offence Ditto Ditto Ditto Ditto
Transpor- [ [Chief
contd. be an tation for life. Metropolitan
unnatural Magistrate,]
3
offence. [Chief Judicial
Magistrate or
Additional Chief
Judicial
Magistrate]
specially
empowered by
the Government
in that behalf.]
1 The entry was substituted, for the former entry by the Code of Criminal Procedure (Third Amendment)
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
392. If committed Ditto Ditto Ditto Ditto Rigorous [Court of
contd. on the imprisonment Session.]
highway for 14 years,
between and fine.
sunset and
sunrise.
2
393. Attempt to Ditto Ditto Ditto Ditto Rigorous [Metropolitan
commit imprison- Magistrate or
robbery. ment for 7 Magistrate of
years, and the first class.]
fine.
3
394. Person May Warrant Not Not Transpor- [Court of
voluntarily arrest bailable compound- tation for life, Session.]
causing hurt without able or rigorous
in committing warrant. imprison-ment
or attempting for 10 years
to commit and fine.
robbery, or
any other
person jointly
concerned in
such robbery.
1
The entry "Court of Session" was substituted, for the former entry "Ditto" by the Code of Criminal
Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(ii).
2
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b)(iii).
3
The entry "Court of Session" was substituted, for the former entry by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34.
364 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punish-ment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or Penal Code. triable.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
397. Robbery or Ditto Ditto Ditto Ditto Rigorous [Court of
dacoity, with imprisonment Session.]
attempt to for not less
cause death or than 7 years.
grievous hurt.
398. Attempt to Ditto Ditto Ditto Ditto Rigorous Court of
commit imprisonment Session.
robbery or for not less
dacoity when than 7 years
armed with
deadly
weapon.
2
399. Making May Warrant Not Not Rigorous [Court of
preparation to arrest bailable compound- imprison- Sessions,
commit without able ment for 10 Chief
dacoity. warrant. years, and Metropolitan
fine. Magistrate,
3
[Chief
Judicial
Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the
Government
in that behalf.]
400. Belonging to Ditto Ditto Ditto Ditto Transpor- Court of
a gang of tation for life, Session.
persons or rigorous
.
associated for imprison-
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Court of Session" was substituted, for the former entry by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(a).
2
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i)
3
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 365
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punish- By what
the a warrant bailable compoun- ment Court triable.
police or a or not. dable or under the
may summons not. Penal
arrest shall Code.
without ordinarily
warrant issue in
or not. the first
instance.
400. the purpose of ment for
Contd. habitually 10 years,
committing and fine.
dacoity
1
401. Belonging to a Ditto Ditto Ditto Ditto Rigorous [Metropolitan
wandering gang imprison- Magistrate or
of persons ment for Magistrate of
associated for 7 years the first class.]
the purpose of and fine.
habitually
committing
thefts.
2
402. Being one of May Warrant Not Not Rigorous [Metropolitan
five or more arrest bailable compound- imprison- Magistrate or
persons without able ment for Magistrate of
assembled for warrant. 7 years the first class.]
the purpose of and fine.
committing
dacoity.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Metropolitan Magistrate of Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
2
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
366 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punish- By what
the a warrant bailable compoun- ment Court triable.
police or a or not. dable or not. under the
may summons Penal
arrest shall Code.
without ordinarily
warrant issue in
or not. the first
instance.
1
404. Dishonest Ditto Ditto Ditto Not Imprison- [Metropolitan
misappropriation compound- ment of Magistrate or
of property, able. either Magistrate of
knowing that it descrip- the first class.]
was in tion for 3
possession of a years,
deceased person and fine.
at his death, and
that it has not
since been in the
possession of
any person
legally entitled
to it.
2 3
[***] If by clerk or Shall Warrant Bailable Not compoun- Imprison- [Metropolitan
person not dable ment of Magistrate or
employed by arrest either Magistrate of
deceased. without descrip- the first class.]
warrant tion for 7
years,
and fine.
Of Criminal Breach of Trust
4 5
406. Criminal breach May Warrant. Not [Compound- Imprison- [Metropolitan
of trust. arrest bailable. able when ment of Magistrate or
without permission is either Magistrate of
warrant. given by the descrip- the first or
Court before tion for 3 second class.]
which the years, of
prosecution is fine, or
pending.] both.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
by the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980), section 2(1)(i).
2
The figure 405 was repealed by the Code of Criminal Procedure (Amendment) Act, 1923 (Act No. XVIII
of 1923).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34.
4
The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry "Not compoundable" by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule, sl. 98(a).
5
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first" by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule.
1898: Act V] Criminal Procedure 367
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal Code.
may summons
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
407. Criminal Ditto Ditto Ditto Ditto Imprison- [Metropolitan
breach of ment of Magistrate or
trust by a either Magistrate of
carrier, descrip-tion the first class.]
wharfinger, for 7 years,
etc. and fine.
2
408. Criminal Ditto Ditto Ditto Ditto Ditto [Ditto.]
breach of
trust by a
clerk or
servant.
3 4
409. Criminal May Warrant Not [Not Transporta- [Court of
breach of arrest bailable compoun- tion for life Session.]
trust by without dable.] or imprison-
public warrant. ment of
servant or either
by banker, description
merchant for 10 years,
or agent, and fine.
etc.
1
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6.
2
The word "Ditto" was substituted, for the words "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Act, 1980 (Act No. XXX of 1980), section 6(2)(d).
3
The words "Not compoundable" were substituted, for the words by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule, sl. 98(a)(ii).
4
The entry "Court of Session" was substituted, for the former entry by the Code of Criminal Procedure
(Amendment) Act, 1980 (Act No. IV of 1980), section 2(1)(iii).
5
The entry was substituted, for the former entry "Not compoundable" by the Law Reforms Ordinance,
1978 (Ordinance No. XLIX of 1978), Schedule.
6
The words "Metropolitan Magistrate or Magistrate of the first or second class" were substituted, for the
words "Metropolitan Magistrate of Magistrate of the fist class" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34.
368 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal Code.
may summons
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1 2
412. Dishonestly Ditto Ditto Ditto Not
Transporta- [ [Chief
receiving compound- tion for life, Metropolitan
stolen able or rigorous Magistrate,]
3
property, imprison- [Chief Judicial
Magistrate or
knowing ment for 10 Additional
that it was years, and Chief Judicial
obtained by fine. Magistrate]
dacoity. specially
empowered by
the Government
in that behalf.]
4 5
413. Habitually May Warrant Not Not compoun-
Transporta- [ [Chief
dealing in arrest bailable dable. tion for life Metropolitan
stolen without or imprison- Magistrate,]
6
property. warrant. ment of [Chief Judicial
Magistrate or
either Additional
description Chief Judicial
for 10 years, Magistrate]
and fine. specially
empowered by
the Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for the former entry by the Code of Criminal Procedure (Third Amendment)
Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
2
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
3
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The entry was substituted, for the former entry by the Code of Criminal Procedure (Third Amendment)
Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
5
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
6
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 369
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal
may summons Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
414. Assisting in Ditto Ditto Ditto [Compound- Imprison- [Metropolitan
concealment able when ment of Magistrate or
or disposal permission is either Magistrate of
of stolen given by the description the first or
Court before
property, which the for 3 years, second class.]
knowing it prosecution is or fine, or
to be stolen. pending.] both.
Of Cheating
3
417. Cheating Shall Warrant. Bailable Compound- Imprison- [Metropolitan
not able when ment of Magistrate or
arrest permission is either Magistrate] of
without given by the description the first or
Court before
warrant. which the for 1 year, second class.
prosecution is or fine or
pending. both.
4
418. Cheating a Shall Warrant Bailable Compound- Imprison- [Metropolitan
person not able when ment of Magistrate or
whose arrest permission is either Magistrate of
interest the without given by the description the first or
offender was warrant. Court before for 3 years, second class.]
bound, which the or fine, or
either by prosecution is both.
law or by pending.
legal
contract, to
protect.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for the former entry "Not compoundable" by the Law Reforms Ordinance,
1978 (Ordinance No. XLIX of 1978), Schedule, sl. 98(a)(i).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The entry "Metropolitan Magistrate or Magistrate" was substituted, for the former entry "Magistrate" by
the Code of Criminal Procedure (Amendment) Ordinance, 1976 (Ordinance No. LXXXVI of 1976), Schedule,
sl. 79(b).
4
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
370 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal
may summons Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
419. Cheating by May Ditto Ditto Compound- Imprison- [Metropolitan
personation. arrest able when ment of Magistrate or
without permission is either Magistrate of
warrant. given by the description the first or
Court before for 3 years, second class.]
which the or fine, or
prosecution is both.
pending.
2
420. Cheating Ditto Ditto Ditto Compound- Imprison- [Metropolitan
and thereby able when ment of Magistrate or
dishonestly permission is either Magistrate of
inducing given by the description the first class.]
delivery of Court before for 7 years,
property, or which the and fine.
the making, prosecution is
alteration or pending.
destruction
of a valuable
security.
Of Fraudulent Deeds and Disposition of Property
3 4
421. Fraudulent Shall Warrant Bailable [Compound- Imprison- [Any Judicial
removal of not able when ment of Magistrate.]
concealment arrest permission is either
of property, without given by the description
etc., to warrant. Court before for 2 years,
prevent which the or fine, or
distribution prosecution is both.
among pending.]
creditors.
422. Fraudulently Ditto Ditto Ditto Ditto Ditto Ditto.
preventing
from being
.
made
1 The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
3
The words "Compoundable when permission is given by the Court before which the prosecution is
pending" were substituted, for the words "Not compoundable" by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule, sl. 98(a)(i).
4
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 371
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court
police or a or not. dable or not. Penal Code. triable.
may summons
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
422. available for his
Contd. creditors a debt
or demand due
to the offender.
423. Fraudulent Ditto Ditto Ditto Ditto Ditto Ditto
execution of
deed of transfer
containing a
false statement
of
consideration.
424. Fraudulent Ditto Ditto Ditto Ditto Ditto Ditto.
removal or
concealment of
property, of
himself, or any
other person, or
assisting in the
doing thereof, or
dishonestly
releasing any
demand or
claim to which
he is entitled.
Of Mischief
1
426. Mischief Shall Summons Bailable Compound- Imprison- [Any Judicial
not able when the ment of Magistrate.]
arrest only loss or either
without damage description
warrant. caused is loss for 3
or damage to a months, or
private person. fine, or
both.
2
427. Mischief, and Ditto Warrant Ditto Ditto Imprison- [Any Judicial
thereby causing ment of Magistrate.]
damage to the either
amount of 50 description
Taka or upwards. for 2 years,
or fine, or
both.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
372 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal
may summons Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
428. Mischief by May Ditto Ditto [Compound- Imprison- [Any Judicial
killing, arrest able when ment of Magistrate.]
poisoning, without permission is either
maiming or warrant given by the description
rendering Court before for 2 years,
useless any which the or fine, or
animal of the prosecution is both.
value of 10 pending.]
Taka or
upwards.
3 4
429. Mischief by Ditto Ditto Ditto [Compound- Imprison- [Metropolitan
killing, able when ment of Magistrate or
poising, permission is either Magistrate of the
maiming or given by the description first class.]
rendering Court before for 5 years,
useless any which the or fine, or
elephant, prosecution is both.
camel, horse, pending.]
etc., whatever
may be its
value or any
other animal
of the value
of 50 Taka or
upwards.
5
430. Mischief by May Warrant Bailable Compound- Imprison- [Metropolitan
causing arrest able when ment of Magistrate or
diminution without permission is either Magistrate of
of supply of warrant given by the description the first class.]
water for Court before for 5 years,
agricultural which the or fine or
purposes, prosecution is both.
1
The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry "Not compoundable" by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule.
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3 The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry "Not compoundable" by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule.
4
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6.
5
The words "Metropolitan Magistrate or Magistrate of the first class" were substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6.
1898: Act V] Criminal Procedure 373
etc. pending.
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal
may summons Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
431. Mischief by Ditto Ditto Ditto Not Ditto Ditto.
injury to compound-
public road, able
bridge,
navigable
river, or
navigable
channel, and
rendering it
impossible
or less safe
for traveling
or
conveying
property.
432. Mischief by Ditto Ditto Ditto Ditto Ditto Ditto
causing
inundation
or
obstruction
to public
drainage,
attended
with
damage.
1
433. Mischief by Ditto Ditto Ditto Ditto Imprison- [Metropolitan
destroying ment of Magistrate or
or moving or either Magistrate of
rendering description the first class.]
less useful a for 7 years,
lighthouse or fine, or
or sea-mark, both.
or by
exhibiting
false lights.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iii).
374 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
434. Mischief by Shall Warrant Bailable Not Imprison- [Any Judicial
destroying or not compound- ment of Magistrate.]
moving, etc., a arrest able either
landmark fixed without description
by public warrant. for 1 year, or
authority. fine, or both.
2
435. Mischief by May Ditto Ditto Ditto Imprison- [Metropolitan
fire or arrest ment of Magistrate or
explosive without either Magistrate of
substance with warrant. description the first class.]
intent to cause for 7 years,
damage to and fine.
amount of 100
Taka or
upwards, or,
incase of
agricultural
produce, 10
Taka or
upwards.
3 4
436. Mischief by Ditto Ditto Not Ditto Transporta- [ [Chief
fire or bailable. tion for life, Metropolitan
explosive or imprison- Magistrate,]
5
substance with ment of their [Chief Judicial
intent to description Magistrate or
destroy, a for 10 years, Additional
house, etc. and fine. Chief Judicial
Magistrate]
specially
.
empowered by
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iii).
3
The entry was substituted, for the former entry by the Code of Criminal Procedure (Third Amendment)
Ordinance, 1982 (Ordinance No. LX of 1982), section 17.
4
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
Inserted by Ordinance No. IV of 1983, section 5.
5
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 375
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By what Court
the warrant or bailable compoun- under the triable.
police a summons or not. dable or Penal
may shall not. Code.
arrest ordinarily
without issue in the
warrant first
or not. instance.
436. the Government in
Contd. that behalf.]
1
437. Mischief May Warrant Not Not Imprison- [Court of Sessions,
with intent arrest bailable compound- ment of Chief Metropolitan
to destroy without able either Magistrate, 2[Chief
or make warrant description Judicial Magistrate,
unsafe a for 10 Additional Chief
decked years, and Judicial Magistrate]
vessel or a fine. or Magistrate of the
vessel of first class specially
20 tons empowered by the
burden. Government in that
behalf.]
3 4
438. The Ditto Ditto Ditto Ditto Transpor- [ [Chief
mischief tation for Metropolitan
described life or Magistrate,] 5[Chief
in the last imprison- Judicial Magistrate
section ment of or Additional Chief
when either Judicial Magistrate]
committed description specially
by fire or for 10 empowered by the
any years, and Government in that
explosive fine. behalf.]
substance.
.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry was substituted, for the former entry by the Code of Criminal Procedure (Third Amendment)
Ordinance, 1982 (Ordinance No. LX of 1982), section 17.
4
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
5
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
376 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may a or not. dable or Penal Code. triable.
arrest summons not.
without shall
warrant ordinarily
or not. issue in
the first
instance.
1
439. Running Ditto Ditto Ditto Ditto Imprison- [Court of
vessel ment of Session,
ashore with either Chief
intent to description Metropolitan
commit for 10 years, Magistrate,
2
theft, etc. and fine. [Chief
Judicial
Magistrate,
Additional
Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered
by the
Government
in that
behalf.]
3
440. Mischief May Warrant Not Not Imprison- [ Metropoli-
committed arrest bailable compound- ment of tan
after without able either Magistrate, or
preparation warrant description Magistrate of
made for for 5 years, the first
causing and fine. class.]
death, or
hurt, etc.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1 The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 377
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the police warrant or bailable compoun- under the Court
may a or not. dable or Penal Code. triable.
arrest summons not.
without shall
warrant ordinarily
or not. issue in
the first
instance.
Of Criminal Trespass
1
447. Criminal May Summons Bailable Compound- Imprison- [Any
trespass. arrest able. ment of Judicial
without either Magistrate.]
warrant. description
for 3 months,
or fine of 500
Taka, or
both.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
378 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether a Whether Whether Punishment By what
the warrant or bailable compoun- under the Court triable.
police a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
450. House-trespass May Warrant Not Not Imprison- [Court of
in order to the arrest bailable compound- ment of Session, Chief
commission of without able either Metropolitan
an offence warrant description Magistrate,
2
punishable for 10 [Chief Judicial
with years, and Magistrate,
transporta- fine. Additional
tion for life. Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the Government
in that behalf.]
3
451. House-trespass Ditto Ditto Bailable Compound- Imrpsion- [Any Judicial
in order to the able when ment of Magistrate.]
commission of permission either
an offence is given by description
punishable the Court for 2 years,
with imprison- before and fine.
ment. which the
prosecution
is pending.
4
If the offence May Warrant Not Not Imprison- [Metropolitan
is theft. arrest bailable compound- ment of Magistrate or
without able either Magistrate of
warrant. description the first class.]
for 7 yeas,
and fine.
.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance,
1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
4
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 379
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
452. House- Ditto Ditto Ditto Ditto Ditto Ditto.
trespass,
having made
preparation for
causing hurt,
assault, etc.
1
453. Lurking house May Warrant Not Not Imprison- [Any Judicial
-trespass or arrest bailable compound- ment of Magistrate.]
house- without able either
breaking. warrant description
for 2 years,
and fine.
2
454. Lurking house- Ditto Ditto Ditto Ditto Imprison- [Metropolitan-
trespass or ment of Magistrate or
house-breaking either Magistrate of
in order to the description the first or
commission of for 3 years, second class.]
an offence and fine.
punishable
with
imprisonment.
3
If the offence Ditto Ditto Ditto Ditto Imprison- [Court of
is theft. ment of Session, Chief
either Metropolitan
description Magistrate,
4
for 10 [Chief Judicial
years, and Magistrate,
fine. Additional Chief
Judicial
Magistrate] or
Magistrate of
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first or second class" by the Code of Criminal
Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
4
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
380 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
454. the first class speciall
Contd. empowered by the
Government in that
behalf.]
1
455 Lurking house May Warrant Not Not Imprison- [Court of Session,
-trespass or arrest bailable compound- ment of Chief Metropolitan
house-breaking without able either Magistrate, 2[Chief
after warrant description Judicial Magistrate,
preparation for 10 Additional Chief
made for years, and Judicial Magistrate]
causing hurt, fine. or Magistrate of the
assault, etc. first class specially
empowered by the
Government in that
behalf.]
3
456. Lurking house- Ditto Ditto Ditto Ditto Imprison- [Metropolitan-
trespass or ment of Magistrate or
house-breaking either Magistrate of the first
by night. description or second class.]
for 3 years,
and fine.
4
457. Lurking house- Ditto Ditto Ditto Ditto Imprison- [Metropolitan-
trespass or ment of Magistrate or
house-breaking either Magistrate of the first
by night in description class.]
order to the for 5 years,
commission of and fine.
an offence
punishable
with
imprisonment.
.
1
The entry "Court of Session, Chief Metropolitan Magistrate, [Chief Judicial Magistrate, Additional Chief
Judicial Magistrate] or Magistrate of the first class specially empowered by the Government in that behalf" was
substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first or second class" by the Code of Criminal
Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
4
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section (6(2)(a).
1898: Act V] Criminal Procedure 381
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
457. If the offence Ditto Ditto Ditto Ditto Imprison- Ditto.
Contd. is theft. ment of
either
description
for 14
years, and
fine.
1
458. Lurking May Warrant Not Not Imprison- [Court of
house-trespass arrest bailable compound- ment of Session.]
or house- without able either
breaking by warrant description
night, after for 14
preparation for years, and
causing hurt, fine.
etc.
2 3
459. Grievous hurt Ditto Ditto Ditto Ditto Transpor- [ [Chief
caused whilst tation for Metropolitan
committing life, or Magistrate,]
4
lurking house- imprison- [Chief Judicial
trespass or ment of Magistrate or
house- either Additional Chief
breaking. description Judicial
for ten Magistrate]
years, and specially
fine. empowered by
the Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Court of Session" was substituted, for the former entry by the Code of Criminal Procedure
(Second Amendment) Act, 1980 (Act No. IV of 1980), section (2(1)(iii).
2
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17.
3
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
4
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
382 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
460. concerned in either
Contd. house- description
breaking by for 10 years,
night, etc. and fine.
1
461. Dishonestly May Warrant Bailable Not Imprison- [Any Judicial
breaking open arrest compound- ment of Magistrate.]
or unfastening without able either
any closed warrant description
receptacle for 2 years,
containing or or fine, or
supposed to both.
contain
property.
2
462. Being Ditto Ditto Bailable Ditto Imprison- [Metropolitan
entrusted with ment of Magistrate or
any close either Magistrate of
receptacle description the first or
containing or for 3 years, second class.]
supposed to or fine, or
contain any both.
property and
fraudulently
opening the
same.
3
[462A. Negligent Ditto Ditto Ditto Ditto Imprison- Ditto.
conduct of ment for two
bank officers years or fine
and or both.
employees.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
Sections 462A and 462B were inserted by the Code of Criminal Procedure (Amendment) Act, 1991 (Act
No. XVI of 1991), section 9(d).
1898: Act V] Criminal Procedure 383
1 2 3 4 5 6 7 8
Section Offence.Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal Code.
may summons not.
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
CHAPTER XVIII.- OFFENCES RELATING TO DOCUMENTS AND TO
TRADE OR PROPERTY MARKS
1
465. Forgery Shall Warrant Bailable Not Imprison- [Any Judicial
not compound- ment of Magistrate.]
arrest able either
without description
warrant. for 2 years,
or fine, or
both.
2
466. Forgery of a Ditto Ditto Not Ditto Imprison- [Metropolitan
record of a bailable ment of Magistrate or
Court of either Magistrate of the
Justice or of a description first class.]
Register of for 7 years,
Births, etc., and fine.
kept by a
public servant.
3 4
467. Forgery of a Ditto Ditto Ditto Ditto
Transpor- [ [Chief
valuable tation for Metropolitan
security, will, life, or Magistrate,]
5
or authority to imprison- [Chief Judicial
Magistrate or
make or ment of Additional Chief
transfer any either Judicial
valuable description Magistrate]
security, or to for 10 specially
receive any years, and empowered by
money, etc. fine. the Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
3
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17.
4
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
5
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
384 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
467. When the May Ditto Ditto Ditto Ditto Ditto.
Contd. valuable arrest
security is a without
promissory warrant.
note of the
Government.
1
468. Forgery for Shall Warrant Not Not Imprison- [Metropolitan
the purpose of not bailable compound- ment of Magistrate or
cheating. arrest able either Magistrate of
without description the first class.]
warrant. for 7 years,
and fine.
2
469. Forgery for Ditto Ditto Bailable Ditto Imprison- [Metropolitan
the purpose of ment of Magistrate or
harming the either Magistrate of
reputation of description the first or
any person, or for 3 years, second class.]
knowing that and fine.
it is likely to
be used for
that purpose.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No.
XXIV of 1982), section 34(1)(b)(iii).
2
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
1898: Act V] Criminal Procedure 385
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
472. Making or Shall Warrant Bailable Not Transpor- [ [Chief
counterfeiting a not compound- tation for Metropolitan
seal, plate, etc., arrest able life, or Magistrate,]
3
with intent to without imprison- [Chief Judicial
commit a warrant. ment of Magistrate or
forgery either Additional
punishable description Chief Judicial
under section for 7 years, Magistrate]
467 of the Penal and fine. specially
Code or empowered by
possessing with the Government
like intent any in that behalf.]
such seal, plate,
etc., knowing
the same to be
counterfeit.
4
473. Making or Ditto Ditto Ditto Ditto Imprison- [Metropolitan
counterfeiting a ment of Magistrate or
seal, plate, etc., either Magistrate of
with intent to description the first class.]
commit a for 7 years,
forgery and fine.
punishable
otherwise than
under section
467 of the Penal
Code, or
possessing with
like intent any
such seal, plate,
etc., knowing
the same to be
.
counterfeit.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
2
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
3
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure (Second
Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iii).
386 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun- under the triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
474. Having Shall not Warrant Bailable Not Imprison- [Metropolitan
possession of a arrest compound- ment of Magistrate or
document, without able either Magistrate of
knowing it to be warrant. description the first class.]
forged, with for 7 years,
intent to use it as and fine.
genuine; if the
document is one
of the description
mentioned in
section 466 of
the Penal Code.
2 3
If the document Ditto Ditto Ditto Ditto Transpor- [ [Chief
is one of the tation for Metropolitan
description life, or Magistrate,]
4
mentioned in imprison- [Chief Judicial
section 467 of ment of Magistrate or
the Penal Code. either Additional
description Chief Judicial
for 7 years, Magistrate]
specially
and fine.
empowered by
the Government
in that behalf.]
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iii).
2
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
3
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
4
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
1898: Act V] Criminal Procedure 387
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal
may summons not. Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
475. Counterfeiting a Ditto Ditto Ditto Ditto
Transpor- [ [Chief
device or mark tation for Metropolitan
used for life, or Magistrate,]
3
authenticating imprison- [Chief Judicial
documents ment of Magistrate or
described in either Additional
section 467 of description Chief Judicial
the Penal Code, for 7 years, Magistrate]
or possessing specially
and fine.
counterfeit empowered by
marked the Government
material. in that behalf.]
4
476. Counterfeiting a Shall Warrant Not Not Imprison- [Metropolitan
device or mark not bailable compound- ment of Magistrate or
used for arrest able either Magistrate of
authenticating without description the first class.]
documents other warrant. for 7 years,
than those and fine.
described in
section 467 of
the Penal Code,
or possessing
counterfeit
marked
material.
1 The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or not. Penal
may summons Code.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1 2
477. Fraudulently Ditto Ditto Ditto Ditto Transpor- [ [Chief
destroying or tation for Metropolitan
defacing, or life, or Magistrate,]
3
attempting to imprison- [Chief Judicial
destroy or ment of Magistrate or
deface, or either Additional
secreting, a description Chief Judicial
will, etc. for 7 years, Magistrate]
and fine. specially
empowered by
the
Government in
that behalf.]
1
477A. Falsification Ditto Ditto Bail- Ditto Imprison- [Metropolitan
of accounts. able. ment of Magistrate or
either Magistrate of
description the first class.]
for 7 years,
or fine, or
both.
Of Trade and Property Marks
4
482. Using a false Shall Warrant Bailable Compoundable Imprison- [Any Judicial
trade or not when ment of Magistrate.]
property mark arrest permission is either
with intent to without given by the description
deceive or warrant. Court before for 1 year,
injure any which the or fine, or
person. prosecution is both.
pending.
483. Counterfeiting Ditto Ditto Ditto Ditto Imprison- Ditto.
a trade or ment of
property mark either
used by description
another, with for 2 years,
.
1
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure (Third
Amendment) Ordinance, 1982 (Ordinance No. LX of 1982), section 17(b).
2
The words and comma "Chief Metropolitan Magistrate," were inserted by the Code of Criminal
Procedure (Amendment) Ordinance, 1983 (Ordinance No. IV of 1983), section 5.
3
The words “Chief Judicial Magistrate or Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate or Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 389
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
483. intent to cause or fine, or
Contd. damage or both.
injury.
1
484. Counterfeiting Ditto Summons Ditto Not Imprison- [Metropolitan
a property compound- ment of Magistrate or
mark used by able either Magistrate of
a public description the first or
servant, or
any mark used for 3 years, second class.]
by him to and fine.
denote the
manufacture,
quality, etc.,
of any
property.
2
485. Fraudulently Ditto Ditto Ditto Ditto Imprison- [Metropolitan
making or ment of Magistrate or
having either Magistrate of
possession of description the first or
any die, plate
or other for 3 years, second class.]
instrument for or fine or
counterfeiting both.
any public or
private
property or
trademark.
3
486. Knowingly Shall Summons Bailable Compound- Imprison- [Any Judicial
selling goods not able when ment of Magistrate.]
marked with a arrest permission either
counterfeit without is given by description
property or warrant. the Court for 1 year, or
trade mark. before fine, or both.
which the
prosecution
is pending.
1
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2 The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
390 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
1
487. Fraudulently Ditto Ditto Ditto Not Imprison- [Metropolitan
making a false compound- ment of either Magistrate or
make upon any able description Magistrate of
package or for 3 years, or the first or
receptacle fine or both. second class.]
containing
goods, with
intent to cause
it to be
believed that it
contains goods
which it does
not contain,
etc.
2
488. Making use of Ditto Ditto Ditto Ditto Imprisonment [Metropolitan
any such false of either Magistrate or
mark. description Magistrate of
for 3 years, or the first or
fine, or both. second class.]
3
489. Removing, Ditto Ditto Ditto Ditto Imprisonment [Any Judicial
destroying or of either Magistrate.]
defacing any description
property mark for 1 year, or
with intent to fine, or both.
cause injury.
4
[Of Currency - Notes and Bank- Notes]
489A. Counterfeiting May Warrant Not Not Transpor- Court of
currency-notes arrest bailable. compound- tation for life, Session.
or bank-notes. without able or imprison-
warrant. ment of either
description
for 10 years,
and fine.
1
The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
2 The entry "Metropolitan Magistrate or Magistrate of the first or second class" was substituted, for the
former entry "Metropolitan Magistrate or Magistrate of the first class" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(iv).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
4
Inserted by the Currency Notes Forgery Act, 1899 (Act No. XII of 1899).
1898: Act V] Criminal Procedure 391
.
.
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun-dable under the triable.
police or a or not. or not. Penal Code.
may summons
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
489B. Using as Ditto Ditto Ditto Ditto Ditto Ditto.
genuine
forged or
counterfeit
currency-
notes or bank-
notes.
1
489C. Possession of Ditto Ditto Bailable Ditto Imprison- [Metropolitan
forged or ment of Magistrate or
counterfeit either Magistrate of
currency- description the first class.]
notes or bank- for 7 years,
notes. or fine, or
both.
489D. Making or May Warrant Not Not Transporta- Court of
possessing arrest bailable compound-able tion for life Session.
instruments or without or
materials for warrant. imprison-
forging or ment of
counterfeiting either
currency- description
notes or bank- for 10
notes. years, and
fine.
CHAPTER XIX.- CRIMINAL BREACH OF CONTRACTS OF SERVICE
2
[***]
3
491. Being bound to Shall Summons Bailable Compoundable. Imprison- [Any Judicial
attend on or not ment of Magistrate.]
supply the wants arrest either
of a person who without description
is helpless from
youth, unsound- warrant. for 3
ness of mind or months, or
disease, and fine of 200
voluntarily omi- Taka, or
tting to do so. both.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
"Ditto" by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of
1982), section 34(1)(b)(iii).
2
Entries relating to sections 490 and 492 were repealed by the Federal Laws (Revision and Declaration)
Act, 1951 (Act No. XXVI of 1951), section 2 and Schedule II.
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
392 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what Court
the a warrant bailable compoun-dable under the triable.
police or a or not. or not. Penal Code.
may summons
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
[***]
CHAPTER XX.—OFFENCES RELATING TO MARRIAGE
1 2
493. A man by Shall Warrant Not [Compoundable Imrprison- [Court of
deceit causing not bailable when permission ment of Session, Chief
a woman not arrest is given by the either Metropolitan
lawfully without Court before description Magistrate,
3
married to him [Chief Judicial
warrant. which the for 10 Magistrate,
to believe that prosecution is years, and
she is lawfully Additional Chief
pending.] fine. Judicial
married to him
Magistrate] or
and to cohabit
Magistrate of the
with him in first class
that belief. specially
empowered by
the Government
in that behalf.]
4
494. Marrying Shall Warrant Bailable Compoundable Imprison- [Metropolitan
again during not when ment of Magistrate or
the lifetime of arrest permission is either Magistrate of the
a husband or without given by the description first class.]
wife. Court before
warrant. which the for 7 years,
prosecution is and fine.
pending.
1
The entry was substituted, for the former entry "Not compoundable" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
3
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
4
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iii).
1898: Act V] Criminal Procedure 393
1 2 3 4 5 6 7 8
Section. Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
shall
arrest ordinarily
without issue in
warrant the first
or not. instance.
1
495. Same offence Shall not Warrant Bailable Not Imprison- [Court of
with concealment arrest compound- ment of either Session, Chief
of the former without able. description Metropolitan
marriage from the warrant. for 10 years, Magistrate,
2
person with and fine. [Chief Judicial
whom subsequent Magistrate,
marriage is Additional
contracted. Chief Judicial
Magistrate] or
Magistrate of
the first class
specially
empowered by
the Government
in that behalf.]
3
496. A person with Ditto Ditto Ditto Ditto Imprison- [Metropolitan
fraudulent ment of either Magistrate or
intention going description Magistrate of
through the for 7 years, the first class.]
ceremony of and fine.
being married,
knowing that he
is not thereby
lawfully married.
4
497. Adultery Shall not Warrant Bailable Compound- Imprisonment [Metropolitan
arrest able of either Magistrate or
without description Magistrate of
warrant. for 5 years, or the first class.]
fine, or both.
1
The entry was substituted, for the former entry "Court of Session" by the Code of Criminal Procedure
(Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
2
The words “Chief Judicial Magistrate, Additional Chief Judicial Magistrate” were substituted for the
words “District Magistrate, Additional District Magistrate” by section 100 (b) of the Code of Criminal
Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st November 2007).
3
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iii).
4
The words "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the words
"Court of Session" by the Code of Criminal Procedure (Second Amendment) Act, 1980 (Act No. XXX of
1980), section 6(2)(a).
394 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punishment By what
the warrant or a bailable compoun- under the Court
police summons or not. dable or Penal triable.
may shall not. Code.
arrest ordinarily
without issue in the
warrant first instance.
or not.
1
498. Enticing or taking Ditto Ditto Ditto Ditto Imprison- [Any
away or detaining ment of Judicial
with a criminal either Magistrate.]
intent a married description
woman. for 2 years,
or fine, or
both.
CHAPTER XXI.- DEFAMATION
2 3
500. Defamation Shall [Summons] Bailable Compound- Simple [Any
not able. imprison- Judicial
arrest ment for 2 Magistrate.]
without years, or
warrant. fine, or
both.
501. Printing or Ditto Ditto Ditto Ditto Ditto Ditto.
engraving
matter knowing
it to be
defamatory.
502. Sale of printed Ditto Ditto Ditto Ditto Ditto Ditto.
or engraved
substance
containing
defamatory
matter, knowing
it to contain
such matter.
CHAPTER XXII.—CRIMINAL INTIMIDATION, INSULT 4[PREJUDICIAL
ACT AND ANNOYANCE]
1
504. Insult intended Shall not Warrant Bailable Compound- Imprison- [Any
to provoke a arrest able ment of Judicial
breach of the without either Magistrate.]
peace. warrant. description
for 2 years,
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2 The entry “Summons” was substituted, for the former entry “Warrant” by section 2 of Code of Criminal
Procedure (Amendment) Act, 2011 (Act No. 1 of 2011).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
4
The entry "PREJUDICIAL ACT AND ANNOYANCE" was substituted, for the former entry "AND
ANNOYANCE" by the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991), section 9(e).
1898: Act V] Criminal Procedure 395
or fine, or
both.
.
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the a warrant bailable compoun- under the Court triable.
police or a or not. dable or Penal Code.
may summons not.
arrest shall
without ordinarily
warrant issue in
or not. the first
instance.
2 3
505. False Ditto Ditto Not Not [Imprison- [Court of
statement, bailable compound- ment for 7 Session.]
rumour, etc., able years, or
circulated fine, or
with intent to both.]
cause mutiny
or offence
against the
public peace.
4
[505A Prejudicial Shall Warrant Not Not Imprison- Court of
Act by not bailable compound- ment for 7 Sessions.]
words, etc. arrest able years, or
without fine or both.
warrant.
5
506. Criminal Ditto Ditto Bailable Compound- Ditto [Any Judicial
intimidation. able Magistrate.]
6
If threat be to Ditto Ditto Ditto Not Imprison- [Metropolitan
cause death compound- ment of Magistrate or
or grievous able either Magistrate of
hurt, etc. description the first class.]
for 7 years,
or fine, or
both.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry "Imprisonment for 7 years, or fine, or both" was substituted, for the former entry "Ditto" by the
Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991), section 9(f).
3
The entry "Court of Session" were substituted, for the former entry "Any Judicial Magistrate" by the Code
of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of 1991), section 9.
4
Section 505A was inserted by the Code of Criminal Procedure (Amendment) Act, 1991 (Act No. XVI of
1991), section 9(g).
5
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
6
The entry "Metropolitan Magistrate or Magistrate of the first class" was substituted, for the former entry
by the Code of Criminal Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982),
section 34(1)(b)(iii).
396 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punishment By what
the police a warrant bailable or compoun- under the Court
may arrest or a not. dable or Penal triable.
without summons not. Code.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
507. Criminal Ditto Ditto Ditto Ditto Imprison- [Any
intimidation by ment of Judicial
anonymous either Magistrate.]
communication description
or having taken for 2 years,
precaution to in addition
conceal to the
whence the punishment
under
threat comes.
above
section.
2
508. Act caused by Ditto Ditto Ditto Compound- Imprison- [Any
inducing a able ment of Judicial
person to either Magistrate.]
believe that he description
will be for 1 year,
rendered an or fine, or
object of both.
Divine
displeasure.
3
509. Uttering any Shall not Warrant Bailable Compound- Simple [Any
word or arrest able when imprison- Judicial
making any without permission ment for 1 Magistrate.]
gesture warrant. is given by year, or
intended to the Court fine, or
insult the before both.
modesty of a which the
woman, etc. prosecution
is pending.
1
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
3
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
1898: Act V] Criminal Procedure 397
1 2 3 4 5 6 7 8
Section Offence. Whether Whether Whether Whether Punish- By what
the police a warrant bailable or compoun- ment under Court
may arrest or a not. dable or the Penal triable.
without summons not. Code.
warrant or shall
not. ordinarily
issue in
the first
instance.
1
510. Appearing in a Ditto Ditto Ditto Not Simple [Any
public place, compound- imprison- Judicial
etc., in a state able ment for 24 Magistrate.]
of intoxication, hours, or
and causing fine of 10
annoyance to Taka, or
any person. both.
The words "transportation for life" construed as a reference to "imprisonment for life" by the Penal
Code (Amendment) Ordinance, 1985 (Ordinance No. XLI of 1985), section 3.
1 The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
2
The entry "Compoundable when permission is given by the Court before which the prosecution is
pending" was substituted, for the former entry by the Code of Criminal Procedure (Second Amendment)
Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(1)(b)(i).
398 Criminal Procedure [1898: Act V
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the police warrant or bailable compoun- ment Court triable.
may arrest a or not. dable or under
without summons not. the
warrant or shall Penal
not. ordinarily Code.
issue in
the first
instance.
1
[OFFENCES AGAINST OTHER LAWS]
1
The entry "OFFENCES AGAINST OTHER LAWS" was substituted, for the former entry by the Law
Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978), Schedule, sl. 98(2).
2
The word "more" was substituted, for the former words "not less" by the Code of Criminal Procedure
(Second Amendment) Act, 1980 (Act No. XXX of 1980), section 6(1)(a).
3
The words "five years" were substituted, for the former words "three years" by the Code of Criminal
Procedure (Second Amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982), section 34(2).
4
The entry "Metropolitan Magistrate or Magistrate of the first class or second class" was substituted, for
the former entry by the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980), section
2(1)(b).
1898: Act V] Criminal Procedure 399
1 2 3 4 5 6 7 8
Section Offence. Whether Whether a Whether Whether Punish- By what
the police warrant or bailable compoun- ment Court triable.
may arrest a or not. dable or under
without summons not. the
warrant or shall Penal
not. ordinarily Code.
issue in
the first
instance.
2
511. If punishable Shall not Summons Bailable Ditto -- [Any Judicial
Contd. with arrest Magistrate]
imprisonment without
for 1[less] warrant.
than two
years or with
fine only.
1
The word "less" was substituted, for the former words "not more" by the Code of Criminal Procedure
(Second Amendment) Act, 1980 (Act No. XXX of 1980), section 6(1)(b).
2
The words “Any Judicial Magistrate” were substituted, for the words “Any Magistrate” by section 100
(b) of the Code of Criminal Procedure (Amendment) Act, 2009 (Act. No. XXXII of 2009) (with effect from 1st
November 2007).
400 Criminal Procedure [1898: Act V
1
[SCHEDULE III
(see section 36)
ORDINARY POWERS OF MAGISTRATES
(1) Power to arrest or direct the arrest of and to commit to custody, a person
committing an offence in his presence, section 64.
(2) Power to arrest, or direct the arrest in his presence of, an offender,
section 65.
(3) Power to issue proclamations in cases judicially before him, section 87.
(4) Power to attach and sell property and to dispose of claims to attached
property in cases judicially before him, section 88.
(7) Power to endorse a search warrant and order delivery of thing found
section 99.
(8) Power to direct search, in his presence of any place for the search of
which he can issue search warrant, section 105.
(9) Power to authorize detention not being detention in the custody of the
police of a person during a police investigation section 167.
(10) Power to postpone issue of process and inquiry into case himself section
202.
1 “SCHEDULE III” was substituted by section 101 of the Code of Criminal Procedure (Amendment) Act,
2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
1898: Act V] Criminal Procedure 401
(2) Power to order the police to investigate an offence in cases in which the
Magistrate has jurisdiction to try or send for trial section 155.
(7) Power to issue summons or warrants for offences committed beyond local
jurisdiction section 186.
(12) Power to recover penalty on forfeited bond section 514 and power to
require fresh secondly section 514A.
(14) Power to take cognizance of the offence of rape of a wife by the husband
and to send him for trial section 561.
(2) Power to define local areas within which Judicial Magistrate may exercise
his powers, section 11(2).
(9) Power to order preliminary inquiry by Police officers not below the rank
of Inspector in certain cases section 196B.
(14) Power to revise orders passed under section 514, section 515.
(15) Power to sell property alleged or suspected to have been stolen, etc.
section 524.
(16) Power to withdraw cases other than appeals, and to try or refer them for
trial section 528.
(2) Power to arrest, or direct the arrest in his presence of a person for whose
arrest he can issue warrant, section 65.
(4) Power to cause search by postal and telegraph authority for documents etc.
and to detain them. Section 95 (2).
(6) Power to direct search, in his presence of any place for the search of
which he can issue search-warrant. Section 105.
(8) Power to require security for good behaviour form vagrants and suspected
persons. Section 109.
(12) Power to use civil force to disperse unlawful assembly; Section 128.
(2) Power to define local areas within which an Executive Magistrate may
exercise his powers, section 10 (4).
(5) Power to require security for good behaviour in case of sedition etc.
(8) Power to order a person not to repeat or continue public nuisance. Section
143.
1898: Act V] Criminal Procedure 405
(10) Power to make orders etc. in possession cases section 145, 146, 147.
(13) Power to order preliminary inquiry by police officers not below the rank
of Sub-Inspector in certain cases, section 196B.
(16) Power to revise orders passed under section 514, section 515.
(17) Power to deal with and dispose of certain properties section 518.
1
[SCHEDULE IV
(see section 37 and 38)
(a) Power to try offence not punishable with death or imprisonment for life or
with imprisonment for a term not exceeding ten years section 29C;
IV. A Magistrate of the second class by the Chief Judicial Magistrate- Power to
take cognizance of offences, section 190 (2).
1 “SCHEDULE IV” was substituted by section 102 of the Code of Criminal Procedure (Amendment) Act, 2009
(Act No. XXXII of 2009) (with effect from 1st November, 2007).
1898: Act V] Criminal Procedure 407
(b) Power to require security for good behaviour in case of seditions, section
108;
(d) Power to make orders under section 144, 145 and 147;
SCHEDULE V
(See sections 555)
FORMS
I.–SUMMONS TO AN ACCUSED PERSON
(See section 68)
To of .
WHEREAS your attendance is necessary to answer to a charge of (state
shortly the offence charged), you are hereby required to appear in person (or
by pleader, as the case may be) before the (Magistrate)
of , on the day
of . Herein fail not.
(Seal) (Signature)
_________
II.– WARRANT OF ARREST
(See section 75)
(Seal) (Signature)
(See section 76)
This warrant may be endorsed as follows:–
(Signature)
III.– BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT
(Signature)
(Signature)
410 Criminal Procedure [1898: Act V
WHEREAS complaint has been made before me that (name, description and
address) has committed (or is suspected to have committed) the offence of
, punishable under section of the Penal Code, and it has been returned to a
warrant of arrest thereupon issued that the said (name) cannot be found,
and whereas it has been shown to my satisfaction that the said (name) has
absconded (or is concealing himself to avoid the service of the said warrant);
(Seal) (Signature)
WHEREAS complaint has been made before me that (name, description and
address) has committed (or is suspected to have committed) the offence of
(mention the offence concisely) and a warrant has been issued to compel the
attendance of (name, description and address of the witness) before this Court to
be examined touching the matter of the said complaint ; and whereas it has been
returned to the said warrant that the said (name of witness) cannot be served, and
it has been shown to my satisfaction that he has absconded (or is concealing
himself to avoid the service of the said warrant);
(Seal) (Signature)
1898: Act V] Criminal Procedure 411
(Seal) (Signature)
ORDER AUTHORIZING AN ATTACHMENT BY THE DEPUTY
COMMISSIONER AS COLLECTOR.
(See section 88)
To the Deputy Commissioner of the District of .
WHEREAS complaint has been made before me that (name,
description and address) has committed (or is suspected to have
committed) the offence of , punishable under section
of the Penal Code, and it has been returned to a warrant of
arrest thereupon issued that the said (name) cannot be found; and
whereas it has been shown to my satisfaction that the said (name) has
absconded (or is concealing himself to avoid the service of the said
warrant) and thereupon a Proclamation has been or is being duly
issued and published requiring the said to appear to
answer the said charge within days, ; and
whereas the said is possessed of certain land paying
revenue to Government in the village (or town) of in
the District of ;
You are hereby authorized and requested to cause the said land to be
attached, and to be held under attachment pending the further order of this Court,
and to certify without delay what you may have done in pursuance of this order.
Dated this day of , 18 .
(Seal) (Signature)
VII.– WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS
(See section 90)
To (name and designation of the Police-officer or other person or
persons who is or are to execute the warrant).
WHEREAS complaint has been made before me that
of has (or is suspected to have) committed the offence of
(mention the offence concisely), and it appears likely that (name and description
of witness) can give evidence concerning the said complaint; and whereas I have
good and sufficient reason to believe that he will not attend as a witness on the
hearing of the said complaint unless compelled to do so;
This is to authorise and require you to arrest the said (name),
and on the day of to bring him before this Court, to be examined
touching the offence complained of.
Given under my hand and the seal of the Court, this day of 18 .
1898: Act V] Criminal Procedure 413
(Seal) (Signature)
(Seal) (Signature)
X.–BOND TO KEEP THE PEACE
(See section 107)
WHEREAS I, (name) inhabitant of (place), have been called upon to enter into
a bond to keep the peace for the term of or until the completion
of the inquiry in the matter of now pending in the Court of
, I hereby bind myself not to commit a breach of the peace, or do
any act that may probably occasion a breach of the peace, during the said term or
until the completion of the said inquiry; and, in case of my making default
therein, I hereby bind myself to forfeit to Government, the sum of Taka .
Dated this day of , 18 .
(Signature)
WHEREAS I, (name) inhabitant of (place), have been called upon to enter into
a bond to be of good behaviour to Government and to all the citizens of
Bangladesh for the term of (state the period) or until the completion of the
inquiry in the matter of now pending in the Court of
, I hereby bind myself to be of good behaviour to Government and to all the
citizens of Bangladesh during the said term or until the completion of the said
inquiry; and, in case of my making default therein, I bind myself to forfeit to
Government the sum of Taka.
Dated this day of , 18 .
(Signature)
(Seal) (Signature)
XIV.–WARRANT OF COMMITMENT ON FAILURE TO FIND
SECURITY FOR GOOD BEHAVIOR
WHEREAS it has been made to appear to me that (name and description) has
been and is lurking within the district of having no ostensible means
of subsistence (or and that he is unable to give any satisfactory account of
himself);
or
(Seal) (Signature)
public is endangered by reason of the said tank (or well or excavation) being
without a fence (or insecurely fenced);
or
WHEREAS, etc., etc. (as the case may be);
I do hereby direct and require you within (state the time allowed) to (state
what is required to be done to abate the nuisance) or to appear at
in the Court of on the day
of next, and to show cause why this order should not be enforced;
or
I do hereby direct and require you within (state the time allowed) to cease
carrying on the said trade or occupation at the said place, and not again to carry
on the same, or to remove the said trade from the place where it is now carried
on, or to appear, etc.;
or
I do hereby direct and require you within (state the time allowed) to put up a
sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.;
or
I do hereby direct and require you, etc., etc. (as the case may be).
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
Form XVII.–[Omitted by the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of
1978), Schedule, sl. 101(a).]
1
The words "AFTER THE FINDING BY A JURY" were omitted by the Law
Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978), sl. 101(a).
2
The words "it has been" were substituted, for the words "the Jury duly appointed on
the petition presented by you on the day of have" by the Law Reforms Ordinance,
1978 (Ordinance No. XLIX of 1978), Schedule, sl. 101.
1898: Act V] Criminal Procedure 419
said order within (state the time allowed), on peril of the penalty provided by the
Penal Code for disobedience thereto.
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
XIX. - INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER
PENDING INQUIRY 1[* * *]
(See Section 142)
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
XX.- MAGISTRATE'S ORDER PROBIBITING THE REPETITION, ETC.,
OF A NUISANCE.
WHEREAS it has been made to appear to me that, etc., (state the proper
recital, guided by Form No. XVI or Form No. XXI, as the case may be);
I do hereby strictly order and enjoin you not to repeat the said nuisance by
again placing or causing or permitting to be placed, etc. (as the case may be).
1
The words "BY A JURY" were omitted by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule, sl. 101(c)(i).
2
The words "into the conditional order issued by me on the day of
19 ," were substituted, for the words, figure and comma "by a Jury appointed to try
whether my order issued on the day of 18 , is reasonable and proper" by the
Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978), Schedule.
3
The words "by the Jury" were omitted by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule, sl. 101.
420 Criminal Procedure [1898: Act V
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
XXI. - MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.
(See Section 144)
To (name, description and address).
WHEREAS it has been made to appear to me that you are in possession (or
have the management) of (describe clearly the property), and that, in digging a
drain on the said land, you are about to throw or place a portion of the earth and
stones dug up upon the adjoining public road, so as to occasion risk of
obstruction to persons using the road;
or
WHEREAS it has been made to appear to me that you and a number of other
persons (mention the class of persons) are about to meet and proceed in a
religious procession along the public street, etc., (as the case may be), and that
such procession is likely to lead to a riot or an affray;
or
WHEREAS etc., etc. (as the case may be);
I do hereby order you not to place or permit to be placed any of the earth or
stones dug from land on any part of the said road;
or
I do hereby prohibit the procession passing along the said street, and strictly
warn and enjoin you not to take any part in such procession (or as the case
recited may require).
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
concerning certain (state concisely the subject of dispute), situate within the local
limits of my jurisdiction, all the said parties were called upon to give in written
statement of their respective claims as to the fact of actual possession of the said
(the subject of dispute), and being satisfied by due inquiry had thereupon, without
reference to the merits of the claim of either of the said parties to the legal right
of possession, that the claim of actual possession by the said (name or names or
description) is true;
I do decide and declare that he is (or they are) in possession of the said (the
subject of dispute) and entitled to retain such possession until ousted by due
course of law, and do strictly forbid any disturbance of his (or their) possession
in the mean time.
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
This is to authorize and require you to attach the said (the subject of dispute)
by taking and keeping possession thereof, and to hold the same under attachment
until the decree or order of a competent Court determining the rights of the
parties, or the claim to possession, shall have been obtained, and to return this
warrant with an endorsement certifying the manner of its execution.
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
422 Criminal Procedure [1898: Act V
A DISPUTE having arisen concerning the right of use of (state concisely the
subject of dispute) situate within the limits of my jurisdiction, the possession of
which land (or water) is claimed exclusively by (describe the person or persons),
and it appearing to me, on due inquiry into the same, that the said land (or water)
has been open to the enjoyment of such use by the public (or if by an individual
or a class of persons, describe him or them) and (if the use can be enjoyed
throughout the year) that the said use has been enjoyed within three months of
the institution of the said inquiry (or if the use is enjoyable only at particular
seasons, say "during the last of the seasons at which the same is capable of being
enjoyed");
I do order that the said (the claimant or claimants of possession), or any one
in their interest, shall not take (or retain) possession of the said land (or water) to
the exclusion of the enjoyment of the right of use aforesaid, until he (or they)
shall obtain the decree or order of a competent Court adjudging him (or them) to
be entitled to exclusive possession.
Given under my hand and the seal of the Court, this day of 18 .
(Seal) (Signature)
(Signature)
I hereby declare myself (or we jointly and severally declare ourselves and
each of us) surety (or sureties) for the above said
that he shall attend at , in the Court of ,
on the day of next (or on such day as he may hereafter be
required to attend), further to answer to the charge pending against him, and, in
case of his making default therein, I hereby bind myself (or we hereby bind
ourselves) to forfeit to Government, the sum of Taka .
Dated this day of 18 .
(Signature)
XXVI. - BOND TO PROSECUTE OR GIVE EVIDENCE
(See section 170)
I, (name), of (place), do hereby bind myself to attend at in the
Court of at o'clock on the day of
next and then and there to prosecute (or to prosecute and give evidence) (or
to give evidence) in the matter of a charge of against one A. B., and,
in case of making default herein, I bind myself to forfeit to Government, the
sum of Taka .
Dated this day of 18 .
(Signature)
1
XXVII. - [NOTICE TO PUBLIC PROSECUTOR BY MAGISTRATE
(See section 205C)]
THE Magistrate of hereby gives notice that he has 2[sent] one for
3
trial at the next Sessions; and the Magistrate hereby instructs the [Public
Prosecutor] to conduct the prosecution of the said case.
The charge against the accused is that, etc., (state the offence as in the
charge).
Dated this day of 18 .
1
The heading "NOTICE TO PUBLIC PROSECUTOR BY MAGISTRATE (See
section 205C)" were substituted, for the former heading "NOTICE OF COMMITMENT BY
MAGISTRATE TO GOVERNMENT PLEADER" by the Law Reforms Ordinance, 1978
(Ordinance No. XLIX of 1978), Schedule, sl. 101(d).
2
The words "sent" was substituted, for the word "committed" by the Law Reforms
Ordinance, 1978 (Ordinance No. XLIX of 1978), Schedule, sl. 101(d).
3
The words "Public Prosecutor" were substituted, for the words "Government
Pleader" by the Law Reforms Ordinance, 1978 (Ordinance No. XLIX of 1978), Schedule,
sl. 101(d).
424 Criminal Procedure [1898: Act V
(Signature)
XXVIII.–CHARGES
(See Sections 221, 222 223)
(a) I, [name and office of Magistrate, etc.,], hereby charge you [name of
accused person] as follows:–
(c) Any I hereby direct that you be tried by the said Court on the said charge.
(a) I, [name and office of Magistrate, etc.,], hereby charge you [name of
accused person] as follows:–
(c) And I hereby direct that you be tried by the said Court on the said charge.
I, [name and office of Magistrate, etc.], hereby charge you [name of accused
person] as follows :–
And you, the said (name of accused), stand further charged that you, before
the committing of the said offence, that is to say, on the day of
, had been convicted by the (state Court by which conviction was had) at
of an offence punishable under Chapter XVII of the Penal Code,
with imprisonment for a term of three years, that is to say, the offence of house-
breaking by night (describe the offence in the words used in the section under
which the accused was convicted), which conviction is still in full force and
effect, and that you are thereby liable to enhanced punishment under section 75
of the Penal Code.
And I hereby direct that you be tried, etc.
1898: Act V] Criminal Procedure 429
(Seal) (Signature)
430 Criminal Procedure [1898: Act V
(Seal) (Signature)
1898: Act V] Criminal Procedure 431
WHEREAS (name of prisoner), the (1st, 2nd 3rd, as the case may be) prisoner
in case No. of the Calendar at the Session held before me on
the day of 18 , has been by a warrant of this Court,
dated the day of , committed to your custody under
sentence of death; and whereas the order of the
Court of confirming the said sentence has been received by this Court;
This is to authorize and require you, the said Superintendent (or Keeper), to
carry the said sentence into execution by causing the said to be
hanged by the neck until he be dead, at (time and place of execution), and to
return this warrant to the Court with an endorsement certifying that the sentence
has been executed.
(Seal) (Signature)
This is to authorize and require you, the said Superintendent (or Keeper)
safely to keep the said (prisoner's name) in your custody in the said Jail, as by
law is required, until he shall be delivered over by you to the proper authority
and custody for the purpose of his undergoing the punishment of transportation
under the said order.
432 Criminal Procedure [1898: Act V
or
day of , 18 .
(Seal) (Signature)
day of , 18 .
(Seal) (Signature)
1898: Act V] Criminal Procedure 433
1
[XXXVIIA. - BOND FOR APPEARANCE OF OFFENDER RELEASED
PENDING REALISATION OF FINE.
(See section 388)
WHEREAS I, (name), inhabitant of (place), have been sentenced to pay a fine
of Taka and in default of payment thereof to undergo
imprisonment for ; and whereas the Court has been pleased
to order my release on condition of my executing a bond for my appearance on
the following date (or dates) namely:–
I hereby bind myself to appear before the Court of at
o'clock on the following date (or dates) namely:–
, and in case of making default herein, I bind myself to
forfeit to Government, the sum of Taka .
Dated this day of 18 .
(Signature)
Where a bond with sureties is to be executed, add–
We do hereby declare ourselves sureties for the above named that he will
appear before the Court of on
the following date (or dates) namely:– and , in
case of his making default therein, we bind ourselves jointly and severally to
forfeit to Government, the sum of Taka .
(Signature)]
XXXVIII. -WARRANT OF COMMITMENT IN CERTAIN CASES OF
CONTEMPT WHEN A FINE IS IMPOSED.
(See section 480)
And whereas for such contempt the said (name of offender) has been
adjudged by the Court to pay a fine of Taka , or in default to suffer
simple imprisonment for the space of (state the number of months, or days);
1
Form XXXVIIA was inserted by the Code of Criminal Procedure (Amendment)
Act, 1923 (Act No. XVIII of 1923).
434 Criminal Procedure [1898: Act V
This is authorize and require you, the Superintendent (or Keeper) of the said
Jail, to receive the said (name of offender) into your custody, together with this
warrant, and him safely to keep in the said jail for the said period of (term of
imprisonment), unless the said fine be sooner paid; and, on the receipt thereof,
forthwith to set him at liberty, returning this warrant with an endorsement
certifying the manner of its execution.
day of , 18 .
(Seal) (Signature)
WHEREAS (name and description), being summoned (or brought before this
Court) as a witness and this day required to give evidence on an inquiry into an
alleged offence, refused to answer a certain question (or certain questions) put to
him touching the said alleged offence, and duly recorded, without alleging any
just excuse for such refusal, and for his contempt has been adjudged detention in
custody for (term of detention adjudged);
This is to authorize and require you to take the said (name) into custody, and
him safely to keep in your custody for the space of days, unless
in the meantime he shall consent to be examined and to answer the questions
asked of him, and on the last of the said days, or forthwith on such consent being
known, to bring him before this Court to be dealt with according to law, returning
this warrant with an endorsement certifying the manner of its execution.
day of , 18 .
(Seal) (Signature)
1898: Act V] Criminal Procedure 435
This is to authorize and require you, the said Superintendent (or Keeper), to
receive the said (name) into your custody in the said Jail, together with this
warrant, and there carry the said order into execution according to law, returning
this warrant with an endorsement certifying the manner of its execution.
day of , 18 .
(Seal) (Signature)
WHEREAS an order has been duly made requiring (name) to allow to his said
wife (or child) for maintenance the monthly sum of Taka ,
and whereas the said (name) in willful disregard of the said order has
failed to pay Taka , being the amount of the allowance
for the month (or months) of ;
436 Criminal Procedure [1898: Act V
(Schedule V.–Forms)
I, (name), of (place) being brought before the Magistrate of (as the case may
be) charged with the offence of , and required to give
security for my attendance in his Court and at the Court of Session if required, do
bind myself to attend at the Court of the said Magistrate on every day of the
preliminary inquiry into the said charge, and, should the case be sent for trial by
the Court of Session, to be, and appear before the said Court when called upon to
answer the charge against me; and, in case of my making default herein, I bind
myself to forfeit to Government, the sum of Taka .
(Signature)
I hereby declare myself (or We jointly and severally declare ourselves and
each of us) surely (or sureties) for the said (name) that he shall attend at the
Court of on every day of the preliminary inquiry into the
offence charged against him, and, should the case be sent for trial by the Court of
Session, that he shall be, and appear, before the said Court to answer the charge
against him, and in case of his making default therein, I bind myself (or we bind
ourselves) to forfeit to Government, the sum of Taka .
(Signature)
1898: Act V] Criminal Procedure 437
This to authorize and require you forthwith to discharge the said (name) from
your custody, unless he is liable to be detained for some other matter.
(Seal) (Signature)
This is to authorize and require you to attach any movable property of the
said (name) that you may find within the district of , by seizure and
detention, and, if the said amount be not paid within three days, to sell the
property so attached or so much of it as may be sufficient to realize the amount
aforesaid, and to make return of what you have done under this warrant
immediately upon its execution.
(Seal) (Signature)
XLV. - NOTICE TO SURETY ON BREACH OF A BOND
(See section 514)
To of .
You are hereby required to pay the said penalty or show cause, within
days from this date, why payment of the said sum should not be
enforced against you.
Given under my hand and the seal of the Court, this day of , 18 .
(Seal) (Signature)
To of .
Given under my hand and the seal of the Court, this day of , 18 .
(Seal) (Signature)
1898: Act V] Criminal Procedure 439
To of .
WHEREAS (name, description and address) has bound himself as surety for
the appearance of (mention the condition of the bond), and the said (name) has
made default, and thereby forfeited to Government the sum of Taka
(the penalty in the bond);
This is to authorize and require you to attach any movable property of the
said (name) which you may find within the district of , by seizure
and detention ; and, if the said amount be not paid within three days, to sell the
property so attached, or so much of it as may be sufficient to realize the amount
aforesaid, and make return of what you have done under this warrant
immediately upon its execution.
Given under my hand and the seal of the Court, this day of , 18 .
(Seal) (Signature)
(Seal) (Signature)
XLIX. –NOTICE TO THE PRINCIPAL OF FORFEETURE OF A BOND TO
KEEP THE PEACE.
(See section 514)
You are hereby called upon to pay the said penalty of Taka , or to
show cause before me within days why payment of the same
should not be enforced against you.
(Sea) (Signature)
Given under my hand and the seal of the Court, this day of , 18 .
(Seal) (Signature)
1898: Act V] Criminal Procedure 441
WHEREAS proof has been given before me and duly recorded that
(name and description) has committed a breach of the bond entered into
by him to keep the peace, whereby he has forfeited to Government, the sum of
Taka ; and whereas the said (name) has failed to pay the said sum or
to show cause why the said sum should not be paid, although duly called upon to
do so and payment thereof and an order has been made for the imprisonment of
the said (name) in the Civil Jail for the period of (term of imprisonment);
This is to authorize and require you, the said Superintendent (or Keeper) of
the said Civil Jail, to receive the said (name) into your custody, together with this
warrant, and him safely to keep in the said Jail for the said period of (term of
imprisonment), and to return that warrant with an endorsement certifying the
manner of its execution.
Given under my hand and the seal of the Court, this day of , 18 .
(Seal) (Signature)
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)
Given under my hand and the seal of the Court, this day of , 19 .
(Seal) (Signature)
1898: Act V] Criminal Procedure 443
__________