Code of Criminal Procedure, 1973 Bharatiya Nag

Sec. Heading Clause

1 Short title, extent and commencement 1
2 Definitions 2
3 Construction of references 3

Trial of offences under the

Indian Penal Code and other laws

4 4
5 Saving 5
6 Classes of Criminal Courts 6
7 Territorial divisions 7
8 Metropolitan areas —
9 Court of Session 8
10 Subordination of Assistant Sessions Judges —
11 Courts of Judicial Magistrates 9

Chief Judicial Magistrate and Additional Chief

Judicial Magistrate, etc.
 12 10
13 Special Judicial Magistrates 11

14 Local jurisdiction of Judicial Magistrates 12

15 Subordination of Judicial Magistrates 13
16 Courts of Metropolitan Magistrates —

Chief Metropolitan Magistrate and Additional

Chief Metropolitan Magistrate

17 —
18 Special Metropolitan Magistrates —
19 Subordination of Metropolitan Magistrates —
20 Executive Magistrates 14
21 Special Executive Magistrates 15
22 Local jurisdiction of Executive Magistrates 16
23 Subordination of Executive Magistrates 17
24 Public Prosecutors 18
25 Assistant Public Prosecutors 19
25A Directorate of Prosecution 20
26 Courts by which offences are triable 21
27 Jurisdiction in the case of juveniles —
 Sentences which High Courts
28 22
and Sessions Judges may pass
29 Sentences which Magistrates may pass 23
30 Sentence of imprisonment in default of fine 24
Sentence in cases of conviction of several
31 25
offences at one trial
32 Mode of conferring powers 26
33 Powers of officers appointed 27
34 Withdrawal of powers 28

Powers of Judges and

Magistrates exercisable by their successors-in-
office

35 29
36 Powers of superior officers of police 30
37 Public when to assist Magistrates and police 31
Aid to person, other than police officer,
38 32
executing warrant
39 Public to give information of certain offences 33
 Duty of officers employed in
connection with the affairs of a village to make
certain report

40 34
41 When police may arrest without warrant 35
41A Notice of appearance before police officer —
Procedure of arrest and duties of officer making
41B 36
arrest

41C Control room at districts 37

Right of arrested person to meet

an advocate of his choice during interrogation

41D 38
 42 Arrest on refusal to give name and residence 39
Arrest by private person and procedure on such
43 40
arrest
44 Arrest by Magistrate 41
Protection of members of the Armed Forces
45 42
from arrest
46 Arrest how made 43
Search of place entered by
47 44
person sought to be arrested
48 Pursuit of offenders into other jurisdictions 45
49 No unnecessary restraint 46

Person arrested to be informed

of grounds of arrest and of right to bail

50 47

Obligation of person making

arrest to inform about the arrest, etc., to a
nominated person

50A 48
51 Search of arrested person 49
 52 Power to seize offensive weapons 50

Examination of accused by medical practitioner

at the request of police officer

53 51
Examination of person accused of rape by
53A 52
medical practitioner
Examination of arrested person by medical
54 53
officer
54A Identification of person arrested 54

Procedure when police officer deputes

subordinate to arrest without warrant
 55 55
55A Health and safety of arrested person 56

Person arrested to be taken

before Magistrate or officer in charge of police
station

56 57

Person arrested not to be

detained more than twenty-four hours

57 58
58 Police to report apprehensions 59
59 Discharge of person apprehended 60
60 Power, on escape, to pursue and retake 61
60A Arrest to be made strictly according to the Code 62
61 Form of summons 63
62 Summons how served 64

Service of summons on
corporate bodies and societies

63 65
Service when persons
64 66
summoned cannot be found
Procedure when service cannot be effected as
65 67
before provided
66 Service on Government servant 68
67 Service of summons outside local limits 69

Proof of service in such cases and when

serving officer not present

68 70
69 Service of summons on witness by post 71
70 Form of warrant of arrest and duration 72
71 Power to direct security to be taken 73
72 Warrants to whom directed 74
73 Warrant may be directed to any person 75
74 Warrant directed to police officer 76
75 Notification of substance of warrant 77
 Person arrested to be brought before Court
76 78
without delay
77 Where warrant may be executed 79
Warrant forwarded for execution outside
78 80
jurisdiction

Warrant directed to police

officer for execution outside jurisdiction

79 81
Procedure on arrest of person against whom
80 82
warrant issued

Procedure by Magistrate before whom such

person arrested is brought

81 83
82 Proclamation for person absconding 84
83 Attachment of property of person absconding 85
84 Claims and objections to attachment 87
 Release, sale and restoration of attached
85 88
property

Appeal from order rejecting

application for restoration of attached property

86 89
Issue of warrant in lieu of, or in addition to,
87 90
summons
88 Power to take bond for appearance 91

89 Arrest on breach of bond for appearance 92

 Provisions of this Chapter generally applicable
to summonses and warrants of arrest

90 93
91 Summons to produce document or other thing 94
92 Procedure as to letters and telegrams 95
93 When search warrant may be issued 96

Search of place suspected to

contain stolen property, forged documents, etc.

94 97
 Power to declare certain publications forfeited
and to issue search warrants for the same

95 98
Application to High Court to set aside
96 99
declaration of forfeiture
97 Search for persons wrongfully confined 100
Power to compel restoration of abducted
98 101
females
99 Direction, etc., of search warrants 102
Persons in charge of closed place to allow
100 103
search
Disposal of things found in search beyond
101 104
jurisdiction
---- ---- 105

Power of Police Officer to seize

102 106
certain property

---- ---- 107

Magistrate may direct search in his

103 108
presence
104 Power to impound document, etc., produced 109
105 Reciprocal arrangements regarding processes 110
105A Definitions 111

----- ----- 112

----- 113
-----
105B Assistance in securing transfer of persons 114
 Assistance in relation to orders of attachment
or forfeiture of property

105C 115
105D Identifying unlawfully acquired property 116
105E Seizure or attachment of property 117

Management of properties
seized or forfeited under this Chapter

105F 118
105G Notice of forfeiture of property 119

105H Forfeiture of property in certain cases 120

105-I Fine in lieu of forfeiture 121
105J Certain transfers to be null and void 122
105K Procedure in respect of letter of request 123
105L Application of this Chapter 124
106 Security for keeping the peace on conviction 125
107 Security for keeping the peace in other cases 126

Security for good behaviour

from persons disseminating seditious matters

108 127
Security for good behaviour from suspected
109 128
persons
Security for good behaviour from habitual
110 129
offenders
111 Order to be made 130
112 Procedure in respect of person present in Court 131
Summons or warrant in case of person not so
113 132
present

Copy of order to accompany summons or

114 133
warrant
115 Power to dispense with personal attendance 134
116 Inquiry as to truth of information 135
117 Order to give security 136
118 Discharge of person informed against 137
Commencement of period for which security is
119 138
required
120 Contents of bond 139
121 Power to reject sureties 140
122 Imprisonment in default of security 141

Power to release persons

imprisoned for failing to give security

123 142
124 Security for unexpired period of bond 143
Order for maintenance of wives, children and
125 144
parents
126 Procedure 145
127 Alteration in allowance 146
128 Enforcement of order of maintenance 147
129 Dispersal of assembly by use of civil force 148

130 Use of armed forces to disperse assembly 149

Power of certain armed force
131 150
officers to disperse assembly
 Protection against prosecution for acts done
under preceding sections

132 151
133 Conditional order for removal of nuisance 152
134 Service or notification of order 153

Person to whom order is

addressed to obey or show cause

135 154
136 Consequences of his failing to do so 155
Procedure where existence of public right is
137 156
denied
138 Procedure where he appears to show cause 157
 Power of Magistrate to direct local investigation
and examination of an expert

139 158
Power of Magistrate to furnish written
140 159
instructions, etc.

Procedure on order being made absolute and

consequences of disobedience

141 160
142 Injunction pending inquiry 161
 Magistrate may prohibit
repetition or continuance of public nuisance

143 162

Power to issue order in urgent cases of

nuisance or apprehended danger

144 163
 Power to prohibit carrying arms in procession or
mass drill or mass training with arms

144A —

Procedure where dispute concerning land or

water is likely to cause breach of peace

145 164
Power to attach subject of
146 165
dispute and to appoint receiver
147 Dispute concerning right of use of land or water 166
148 Local inquiry 167
149 Police to prevent cognizable offences 168
Information of design to commit cognizable
150 169
offences
 Arrest to prevent the
commission of cognizable offences

151 170
152 Prevention of injury to public property 171
---- ---- 172
153 Inspection of weights and measures —
154 Information in cognizable cases 173

Information as to non- cognizable cases and

investigation of such cases

155 174
Police officer’s power to
156 175
investigate cognizable cases
157 Procedure for investigation 176
158 Report how submitted 177
Power to hold investigation or preliminary
159 178
inquiry
 Police officer’s power to require attendance of
160 179
witnesses
161 Examination of witnesses by police 180

Statements to police not to be

signed – Use of statements in evidence

162 181
163 No inducement to be offered 182
164 Recording of confessions and statements 183
164A Medical examination of the victim of rape 184
165 Search by police officer 185

When officer in charge of police station may

require another to issue search warrant

166 186
 Letter of request to competent authority for
investigation in a country or place outside India

166A —

Letter of request from a country

or place outside India to a Court or an authority
for investigation in India

—
166B
 Procedure when investigation
cannot be completed in twenty- four hours

167 187
Report of investigation by subordinate police
168 188
officer
169 Release of accused when evidence deficient 189
Cases to be sent to Magistrate when evidence
170 190
is sufficient

Complainant and witnesses not to be required

to accompany police officer and not to be
subjected to restraint

171 191
172 Diary of proceedings in investigation 192
 Report of police officer on
173 193
completion of investigation
174 Police to enquire and report on suicide, etc. 194
175 Power to summon persons 195
176 Inquiry by Magistrate into cause of death 196
177 Ordinary place of inquiry and trial 197
178 Place of inquiry or trial 198
Offence triable where act is
179 199
done or consequence ensues

Place of trial where act is an

offence by reason of relation to other offence

180 200
181 Place of trial in case of certain offences 201
 Offences committed by letters, etc.

182 202
183 Offence committed on journey or voyage 203
184 Place of trial for offences triable together 204
Power to order cases to be tried in different
185 205
sessions divisions

High Court to decide, in case of doubt, district

where inquiry or trial shall take place

186 206
 Power to issue summons or
warrant for offence committed beyond local
jurisdiction

187 207
188 Offence committed outside India 208

Receipt of evidence relating to offences

committed outside India

189 209
190 Cognizance of offences by Magistrates 210
191 Transfer on application of the accused 211
192 Making over of cases to Magistrates 212
193 Cognizance of offences by Courts of Session 213
 Additional and Assistant
Sessions Judges to try cases made over to
them

194 214
 Prosecution for contempt of lawful authority of
public servants, for offences against
public justice and for offences
relating to documents given in evidence

195 215
Procedure for witnesses in case of threatening,
195A 216
etc.
 Prosecution for offences against the State and
for criminal conspiracy to commit such offence

196 217
197 Prosecution of Judges and public servants 218
198 Prosecution for offences against marriage 219

Prosecution of offences under section 498A of

the Indian Penal Code

198A 220
198B Cognizance of offence 221
199 Prosecution for defamation 222
200 Examination of complainant 223
 Procedure by Magistrate not
competent to take cognizance of the case

201 224
202 Postponement of issue of process 225

203 Dismissal of complaint 226

204 Issue of process 227
Magistrate may dispense with
205 228
personal attendance of accused
206 Special summons in cases of petty offence 229

Supply to the accused of copy of police report

and other documents

207 230
 Supply of copies of statements and documents
to accused in other cases triable by court
of session

208 231

Commitment of case to Court of Session when

offence is triable exclusively by it

209 232
 Procedure to be followed when there is a
complaint case and
police investigation in respect of the same
offence

210 233
211 Contents of charge 234
212 Particulars as to time, place and person 235
When manner of committing offence must be
213 236
stated

Words in charge taken in sense of law under

which offence is punishable

214 237
215 Effect of errors 238
216 Court may alter charge 239
217 Recall of witnesses when charge altered 240
218 Separate charges for distinct offences 241

Three offences of same kind within year may

be charged together

219 242
220 Trial for more than one offence 243
Where it is doubtful what
221 244
offence has been committed
When offence proved included in offence
222 245
charged
223 What persons may be charged jointly 246

Withdrawal of remaining
charges on conviction on one of several
charges

224 247
225 Trial to be conducted by Public Prosecutor 248
226 Opening case for prosecution 249
227 Discharge 250

228 Framing of charge 251

229 Conviction on plea of guilty 252
230 Date for prosecution evidence 253
231 Evidence for prosecution 254
232 Acquittal 255
233 Entering upon defence 256
234 Arguments 257
235 Judgment of acquittal or conviction 258
236 Previous conviction 259
Procedure in cases instituted under section
237 260
199(2)
238 Compliance with section 207 261
239 When accused shall be discharged 262
240 Framing of charge 263
241 Conviction on plea of guilty 264
242 Evidence for prosecution 265
243 Evidence for defence 266

244 Evidence for prosecution 267

245 When accused shall be discharged 268
246 Procedure where accused is not discharged 269
247 Evidence for defence 270
248 Acquittal or conviction 271
249 Absence of complainant 272
Compensation for accusation without
250 273
reasonable cause
251 Substance of accusation to be stated 274
252 Conviction on plea of guilty 275

Conviction on plea of guilty in absence of

accused in petty cases

253 276
254 Procedure when not convicted 277
255 Acquittal or conviction 278
256 Non-appearance or death of complainant 279
257 Withdrawal of complaint 280
258 Power to stop proceedings in certain cases 281

Power of Court to convert summons-

cases into warrant- cases

259 282
260 Power to try summarily 283

Summary trial by Magistrate of the second

261 284
class
 262 Procedure for summary trials 285
263 Record in summary trials 286
264 Judgment in cases tried summarily 287
265 Language of record and judgment 288
265A Application of the Chapter 289
265B Application for plea bargaining 290
265C Guidelines for mutually satisfactory disposition 291

Report of the mutually

satisfactory disposition to be submitted before
the Court

265D 292
265E Disposal of the case 293
265F Judgment of the Court 294
265G Finality of the judgment 295
265H Power of the Court in plea bargaining 296
 Period of detention undergone by the accused
to be set off against the sentence
of imprisonment

265-I 297
265J Savings 298
265K Statements of accused not to be used 299
265L Non-application of the Chapter 300

266 Definitions 301

267 Power to require attendance of prisoners 302
 Power of State Government to exclude certain
persons from operation of section 267

268 303

Officer-in-charge of prison to
abstain from carrying out order in certain
contingencies

269 304
270 Prisoner to be brought to Court in custody 305
Power to issue commission for
271 306
examination of witness in prison
272 Language of Courts 307
273 Evidence to be taken in presence of accused 308
274 Record in summons-cases and inquiries 309
275 Record in warrant-cases 310
276 Record in trial before Court of Session 311
277 Language of record of evidence 312
Procedure in regard to such evidence when
278 313
completed

Interpretation of evidence to accused or his

279 314
pleader
280 Remarks respecting demeanour of witness 315
281 Record of examination of accused 316
282 Interpreter to be bound to interpret truthfully 317
283 Record in High Court 318

When attendance of witness may be dispensed

with and commission issued

284 319
285 Commission to whom to be issued 320
286 Execution of commissions 321
287 Parties may examine witnesses 322
288 Return of commission 323
289 Adjournment of proceeding 324
290 Execution of foreign commissions 325
291 Deposition of medical witness 326
 291
Identification report of Magistrate 327

292 Evidence of officers of the Mint 328

Reports of certain Government scientific
293 329
experts
294 No formal proof of certain documents 330
295 Affidavit in proof of conduct of public servants 331
296 Evidence of formal character on affidavit 332
Authorities before whom affidavits may be
297 333
sworn
298 Previous conviction or acquittal how proved 334
299 Record of evidence in absence of accused 335

----- ----- 336

 Person once convicted or
acquitted not to be tried for same offence

300 337
301 Appearance by Public Prosecutors 338
302 Permission to conduct prosecution 339

Right of person against whom

proceedings are instituted to be defended

303 340
Legal aid to accused at State expense in
304 341
certain cases
 Procedure when corporation or
registered society is an accused

305 342
306 Tender of pardon to accomplice 343
307 Power to direct tender of pardon 344
Trial of person not complying with conditions of
308 345
pardon
309 Power to postpone or adjourn proceedings 346
310 Local inspection 347

Power to summon material

witness, or examine person present

311 348
 311 Power of Magistrate to order person to give
specimen signatures or handwriting

A 349
312 Expenses of complainants and witnesses 350
313 Power to examine the accused 351
Oral arguments and
314 352
memorandum of arguments
315 Accused person to be competent witness 353

316 No influence to be used to induce disclosure 354

Provision for inquiries and trial being held in the

absence of accused in certain cases
 317 355
----- ----- 356
Procedure where accused does not understand
318 357
proceedings

Power to proceed against other persons

appearing to be guilty of offence

319 358
320 Compounding of offences 359
321 Withdrawal from prosecution 360
Procedure in cases which
322 361
Magistrate cannot dispose of

Procedure when, after

commencement of inquiry or trial, Magistrate
finds case should be committed
323 362

Trial of persons previously convicted of

offences against coinage, stamp-
law or property

324 363

Procedure when Magistrate cannot pass

sentence sufficiently severe

325 364
 Conviction or commitment on
evidence partly recorded by one Magistrate and
partly by another

326 365

327 Court to be open 366

328 Procedure in case of accused being lunatic 367

Procedure in case of person of unsound mind

tried before Court

329 368
 Release of person of unsound mind pending
investigation or trial

330 369
331 Resumption of inquiry or trial 370

Procedure on accused
appearing before Magistrate or Court

332 371
When accused appears to have been of sound
333 372
mind
Judgment of acquittal on
334 373
ground of unsoundness of mind

Person acquitted on such

ground to be detained in safe custody

335 374
 Power of State Government to empower officer-
in-charge to discharge

336 375

Procedure where lunatic

prisoner is reported capable of making his
defence

337 376
 Procedure where lunatic
detained is declared fit to be released

338 377

Delivery of lunatic to care of relative or friend

339 378

340 Procedure in cases mentioned in section 195 379

341 Appeal 380
342 Power to order costs 381
343 Procedure of Magistrate taking cognizance 382
Summary procedure for trial for giving false
344 383
evidence
345 Procedure in certain cases of contempt 384

Procedure where Court considers that case

should not be dealt with under section 345

346 385

When Registrar or Sub-

Registrar to be deemed a Civil Court

347 386
348 Discharge of offender on submission of apology 387
 Imprisonment or committal of person refusing to
answer or produce document

349 388

Summary procedure for punishment for non-

attendance by a witness in obedience
to summons

350 389
Appeals from convictions under
351 390
sections 344, 345, 349 and 350
 Certain Judges and Magistrates not to try
certain offences when committed before
themselves

352 391

353 Judgment 392

354 Language and contents of judgment 393
355 Metropolitan Magistrate’s judgment —
Order for notifying address of
356 394
previously convicted offender
357 Order to pay compensation 395
357A Victim compensation scheme 396
 Compensation to be in addition to fine under
section 326A or section 376D of Indian
Penal Code

—
357B
357C Treatment of victims 397
----- ----- 398
Compensation to persons groundlessly
358 399
arrested
359 Order to pay costs in non- cognizable cases 400

Order to release on probation of good conduct

or after admonition

360 401
361 Special reasons to be recorded in certain cases 402
362 Court not to alter judgment 403
 Copy of judgment to be given to the accused
363 404
and other persons
364 Judgment when to be translated 405

Court of Session to send copy of finding and

sentence to District Magistrate

365 406

Sentence of death to be
submitted by Court of Session for confirmation

366 407
 Power to direct further inquiry to be made or
additional evidence to be taken

367 408
Power of High Court to confirm sentence or
368 409
annul conviction
Confirmation or new sentence to be signed by
369 410
two Judges
370 Procedure in case of difference of opinion 411
Procedure in cases submitted
371 412
to High Court for confirmation
372 No appeal to lie unless otherwise provided 413
 Appeal from orders requiring
security or refusal to accept or rejecting surety
for keeping peace or good behaviour

373 414

374 Appeals from convictions 415

No appeal in certain cases
375 416
when accused pleads guilty
376 No appeal in petty cases 417
Appeal by the State
377 418
Government against sentence
378 Appeal in case of acquittal 419
Appeal against conviction by High Court in
379 420
certain cases
380 Special right of appeal in certain cases 421
381 Appeal to Court of Session how heard 422
382 Petition of appeal 423
383 Procedure when appellant in jail 424
384 Summary dismissal of appeal 425
Procedure for hearing appeals not dismissed
385 426
summarily
386 Powers of the Appellate Court 427
387 Judgments of subordinate Appellate Court 428
Order of High Court on appeal to be certified to
388 429
lower Court

Suspension of sentence
pending the appeal; release of appellant on bail

389 430

390 Arrest of accused in appeal from acquittal 431

Appellate Court may take

further evidence or direct it to be taken

391 432
 Procedure where Judges of
Court of Appeal are equally divided

392 433
393 Finality of judgments and orders on appeal 434
394 Abatement of appeals 435
395 Reference to High Court 436
Disposal of case according to decision of High
396 437
Court
Calling for records to exercise powers of
397 438
revision
398 Power to order inquiry 439
399 Sessions Judge’s powers of revision 440
400 Power of Additional Sessions Judge 441
401 High Court’s powers of revision 442

Power of High Court to

withdraw or transfer revision cases

402 443
403 Option of Court to hear parties 444
 Statement by Metropolitan Magistrate of
grounds of his decision to be considered by
High Court

404 -----

405
406
407
408
409
410
411
412
413
414
 415
416
417 Power to appoint place of impriso
418 Execution of sentence of imprison
419 Direction of warrant for execution

420 Warrant with whom to be lodged 460

421 Warrant for levy of fine 461
422 Effect of such warrant 462
 Warrant for levy of fine issued by a Court in any
territory to which this Code does not extend

423 463
Suspension of execution of sentence of
424 464
imprisonment
425 Who may issue warrant 465
Sentence on escaped convict when to take
426 466
effect
Sentence on offender already
427 467
sentenced for another offence
 Period of detention undergone by the accused
to be set off against the sentence
of imprisonment

428 468
429 Saving 469
430 Return of warrant on execution of sentence 470
431 Money ordered to be paid recoverable as a fine 471
---- ----- 472

432 Power to suspend or remit sentences 473

433 Power to commute sentence 474
 Restriction on powers of
remission or commutation in certain cases

433A 475

Concurrent power of Central

Government in case of death sentences

434 476
 State Government to act after consultation with
Central Government in certain cases

435 477
436 In what cases bail to be taken 478

Maximum period for which an under-trial

prisoner can be detained

436A 479
When bail may be taken in case of non-bailable
437 480
offence

Bail to require accused to

appear before next Appellate Court
437A 481
Direction for grant of bail to
438 482
person apprehending arrest
Special powers of High Court or Court of
439 483
Session regarding bail
440 Amount of bond and reduction thereof 484
441 Bond of accused and sureties 485

441A Declaration by sureties 486

442 Discharge from custody 487

Power to order sufficient bail when that first

taken is insufficient

443 488
444 Discharge of sureties 489
445 Deposit instead of recognizance 490
446 Procedure when bond has been forfeited 491
446A Cancellation of bond and bail- bond 492
 Procedure in case of insolvency or death of
surety or when a bond is forfeited

447 493
448 Bond required from minor 494
449 Appeal from orders under section 446 495
Power to direct levy of amount due on certain
450 496
recognizances

Order for custody and disposal of property

pending trial in certain cases

451 497
Order for disposal of property at conclusion of
452 498
trial
Payment to innocent purchaser of money found
453 499
on accused
Appeal against orders under section 452 or
454 500
section 453
455 Destruction of libellous and 501
 other matter
Power to restore possession of immovable
456 502
property
457 Procedure by police upon seizure of property 503
Procedure where no claimant appears within
458 504
six months
459 Power to sell perishable property 505
460 Irregularities which do not vitiate proceedings 506
461 Irregularities which vitiate proceedings 507
462 Proceedings in wrong place 508
Non-compliance with provisions of section 164
463 509
or section 281
Effect of omission to frame, or
464 510
absence of, or error in, charge

Finding or sentence when

reversible by reason of error, omission or
irregularity

465 511
466 Defect or error not to make attachment unlawful 512
467 Definitions 513
468 Bar to taking cognizance after 514
 lapse of the period of limitation
469 Commencement of the period of limitation 515
470 Exclusion of time in certain cases 516
471 Exclusion of date on which Court is closed 517
472 Continuing offence 518
473 Extension of period of limitation in certain cases 519
474 Trials before High Courts 520

Delivery to commanding officers of persons

liable to be tried by Court- martial

475 521
476 Forms 522
477 Power of High Court to make rules 523
 Power to alter functions allotted to Executive
Magistrates in certain cases

478 524

Cases in which Judge or Magistrate is

personally interested

479 525
Practising pleader not to sit as Magistrate in
480 526
certain Courts

Public servant concerned in sale not to

purchase or bid for property

481 527
 482 Saving of inherent powers of High Court 528

Duty of High Court to exercise continuous

superintendence over Courts of
Judicial Magistrates

483 529
484 Repeal and savings 530
---- ----- 531
 Bharatiya Nagarik Suraksha Sanhita, 2023

Heading
Short title, extent and commencement
Definitions
Construction of references

Trial of offences under Bhartiya Nyaya Sanhita and other laws

Saving
Classes of Criminal Courts.
Territorial divisions
Deleted
Court of Session
Deleted
Courts of Judicial Magistrates

Chief Judicial Magistrate and Additional Chief Judicial

Magistrate, etc.
Special Judicial Magistrates

Local jurisdiction of Judicial Magistrates

Subordination of Judicial Magistrates
Deleted

Deleted
Deleted
Deleted
Executive Magistrates
Special Executive Magistrates
Local Jurisdiction of Executive Magistrates
Subordination of Executive Magistrates
Public Prosecutors
Assistant Public Prosecutors
Directorate of Prosecution
Courts by which offences are triable
Deleted
Sentences which High Courts
and Sessions Judges may pass
Sentences which Magistrates may pass
Sentence of imprisonment in default of fine
Sentence in cases of conviction of several offences at one
trial
Mode of conferring powers
Powers of officers appointed
Withdrawal of powers

Powers of Judges and

Magistrates exercisable by their successors-in-office

Powers of superior officers of police

Public when to assist Magistrates and police
Aid to person, other than police officer, executing warrant
Public to give information of certain offences
Duty of officers employed in connection with the affairs of a
village to make certain report

When police may arrest without warrant

Included in Section 35
Procedure of arrest and duties of officer making arrest

Designated Police Officer

Right of arrested person to meet

an advocate of his choice during interrogation
Arrest on refusal to give name and residence
Arrest by private person and procedure on such arrest
Arrest by Magistrate
Protection of members of the Armed Forces from arrest
Arrest how made
Search of place entered by person sought to be arrested
Pursuit of offenders into other jurisdictions
No unnecessary restraint

Person arrested to be informed

of grounds of arrest and of right to bail

Obligation of person making arrest to inform about the arrest,

etc., to relative or friend

Search of arrested person

Power to seize offensive weapons

Examination of accused by medical practitioner at the request

of police officer

Examination of person accused of rape by medical

practitioner
Examination of arrested person by medical officer
Identification of person arrested

Procedure when police officer deputes subordinate to arrest

without warrant
Health and safety of arrested person

Person arrested to be taken before Magistrate or officer in

charge of police station

Person arrested not to be detained more than twenty-

four hours

Police to report apprehensions

Discharge of person apprehended
Power, on escape, to pursue and retake
Arrest to be made strictly according to the Sanhita
Form of summons
Summons how served

Service of summons on corporate bodies, firms, and societies

Service when persons summoned cannot be found

Procedure when service cannot be effected as before
provided
Service on Government servant
Service of summons outside local limits

Proof of service in such cases and when serving officer

not present

Service of summons on witness by post

Form of warrant of arrest and duration
Power to direct security to be taken
Warrants to whom directed
Warrant may be directed to any person
Warrant directed to police officer
Notification of substance of warrant
Person arrested to be brought before Court without delay
Where warrant may be executed
Warrant forwarded for execution outside jurisdiction

Warrant directed to police officer for execution outside

jurisdiction

Procedure on arrest of person against whom warrant issued

Procedure by Magistrate before whom such person arrested

is brought

Proclamation for person absconding

Attachment of property of person absconding
Claims and objections to attachment
Release, sale and restoration of attached property

Appeal from order rejecting application for restoration of

attached property

Issue of warrant in lieu of, or in addition to, summons

Power to take bond for appearance

Arrest on breach of bond for appearance

Provisions of this Chapter generally applicable to
summonses and warrants of arrest

Summons to produce document or other thing

Procedure as to letters and telegrams
When search-warrant may be issued

Search of place suspected to contain stolen property, forged

documents, etc.
Power to declare certain publications forfeited and to
issue search-warrants for the same

Application to High Court to set aside declaration of forfeiture

Search for persons wrongfully confined
Power to compel restoration of abducted females
Direction, etc., of search- warrants
Persons in charge of closed place to allow search

Disposal of things found in search beyond jurisdiction

Recording of search and seizure through audio-video

electronic means
Power of Police Officer to seize certain property

Attachment, forfeiture and restoration of property

Magistrate may direct search in his presence

Power to impound document, etc., produced
Reciprocal arrangements regarding processes
Definitions

Letter of request to competent authority for investigation in a

country or place outside India

Letter of request from a country

or place outside India to a Court or an authority for
investigation in India.

Assistance in securing transfer of persons

Assistance in relation to orders of attachment or forfeiture
of property

Identifying unlawfully acquired property.

Seizure or attachment of property

Management of properties
seized or forfeited under this Chapter

Notice of forfeiture of property

Forfeiture of property in certain cases

Fine in lieu of forfeiture
Certain transfers to be null and void
Procedure in respect of letter of request
Application of this Chapter
Security for keeping the peace on conviction
Security for keeping the peace in other cases

Security for good behaviour from persons disseminating

seditious matters

Security for good behaviour from suspected persons

Security for good behaviour from habitual offenders

Order to be made
Procedure in respect of person present in Court

Summons or warrant in case of person not so present

Copy of order to accompany summons or warrant

Power to dispense with personal attendance
Inquiry as to truth of information
Order to give security
Discharge of person informed against
Commencement of period for which security is required
Contents of bond
Power to reject sureties
Imprisonment in default of security

Power to release persons

imprisoned for failing to give security

Security for unexpired period of bond

Order for maintenance of wives, children and parents
Procedure
Alteration in allowance
Enforcement of order of maintenance
Dispersal of assembly by use of civil force

Use of armed forces to disperse assembly

Power of certain armed force officers to disperse assembly
Protection against prosecution for acts done under sections
148, 149 and 150

Conditional order for removal of nuisance

Service or notification of order

Person to whom order is addressed to obey or show cause

Consequences of his failing to do so

Procedure where existence of public right is denied
Procedure where he appears to show cause
Power of Magistrate to direct local investigation and
examination of an expert

Power of Magistrate to furnish written instructions, etc.

Procedure on order being made absolute and consequences

of disobedience

Injunction pending inquiry

Magistrate may prohibit repetition or continuance of public
nuisance

Power to issue order in urgent cases of nuisance or

apprehended danger
 Deleted

Procedure where dispute concerning land or water is

likely to cause breach of peace

Power to attach subject of dispute and to appoint receiver

Dispute concerning right of use of land or water

Local inquiry
Police to prevent cognizable offences
Information of design to commit cognizable offences
Arrest to prevent the commission of cognizable offences

Prevention of injury to public property

Persons bound to confirm to lawful directions of Police
Deleted
Information in cognizable cases

Information as to non- cognizable cases and

investigation of such cases

Police officer’s power to investigate cognizable case

Procedure for investigation
Report how submitted
Power to hold investigation or preliminary inquiry
Police officer’s power to require attendance of witnesses
Examination of witnesses by police

Statements to police not to be signed: Use of statements

in evidence

No inducement to be offered
Recording of confessions and statements
Medical examination of the victim of rape
Search by police officer

When officer in charge of police station may require another

to issue search-warrant
Deleted

Deleted
Procedure when investigation cannot be completed in twenty-
four hours

Report of investigation by subordinate police officer

Release of accused when evidence deficient
Cases to be sent to Magistrate, when evidence is sufficient

Complainant and witnesses not to be required to accompany

police officer and not to be subjected to restraint

Diary of proceedings in investigation

Report of police officer on completion of investigation
Police to enquire and report on suicide, etc.
Power to summon persons
Inquiry by Magistrate into cause of death
Ordinary place of inquiry and trial
Place of inquiry or trial
Offence triable where act is done or consequence ensues

Place of trial where act is an offence by reason of relation to

other offence

Place of trial in case of certain offences

Offences committed by means of electronic communications,
letters, etc.

Offence committed on journey or voyage

Place of trial for offences triable together
Power to order cases to be tried in different sessions divisions

High Court to decide, in case of doubt, district where inquiry

or trial shall take place
Power to issue summons or warrant for offence committed
beyond local jurisdiction

Offence committed outside India

Receipt of evidence relating to offences committed

outside India

Cognizance of offences by Magistrates

Transfer on application of the accused
Making over of cases to Magistrates
Cognizance of offences by Courts of Session
Additional Sessions Judges to try cases made over to them
Prosecution for contempt of lawful authority of public
servants, for offences against public justice and for offences
relating to documents given in evidence

Procedure for witnesses in case of threatening, etc.

Prosecution for offences against the State and for
criminal conspiracy to commit such offence

Prosecution of Judges and public servants

Prosecution for offences against marriage

Prosecution of offences under section 498A of the Bharatiya

Nyaya Sanhita, 2023

Cognizance of offence
Prosecution for defamation
Examination of complainant
Procedure by Magistrate not competent to take cognizance of
the case

Postponement of issue of process

Dismissal of complaint
Issue of process
Magistrate may dispense with
personal attendance of accused
Special summons in cases of petty offence

Supply to the accused of copy of police report and

other documents
Supply of copies of statements and documents to accused in
other cases triable by Court of Session

Commitment of case to Court of Session when offence is

triable exclusively by it
Procedure to be followed when there is a complaint case and
police investigation in respect of the same offence

Contents of charge
Particulars as to time, place and person
When manner of committing offence must be stated

Words in charge taken in sense of law under which offence

is punishable
Effect of errors
Court may alter charge
Recall of witnesses when charge altered
Separate charges for distinct offences

Offences of same kind within year may be charged together

Trial for more than one offence

Where it is doubtful what offence has been committed

When offence proved included in offence charged

What persons may be charged jointly

Withdrawal of remaining charges on conviction on one of

several charges

Trial to be conducted by Public Prosecutor

Opening case for prosecution
Discharge

Framing of charge
Conviction on plea of guilty
Date for prosecution evidence
Evidence for prosecution
Acquittal
Entering upon defence
Arguments
Judgment of acquittal or conviction
Previous conviction
Procedure in cases instituted under section 223(1)
Compliance with section 231
When accused shall be discharged
Framing of charge
Conviction on plea of guilty
Evidence for prosecution
Evidence for defence

Evidence for prosecution

When accused shall be discharged
Procedure where accused is not discharged
Evidence for defence
Acquittal or conviction
Absence of complainant
Compensation for accusation without reasonable cause
Substance of accusation to be stated
Conviction on plea of guilty

Conviction on plea of guilty in absence of accused in

petty cases

Procedure when not convicted

Acquittal or conviction
Non-appearance or death of complainant
Withdrawal of complaint
Power to stop proceedings in certain cases

Power of Court to convert summons-cases into warrant-

cases

Power to try summarily

Summary trial by Magistrate of the second class

Procedure for summary trials
Record in summary trials
Judgment in cases tried summarily
Language of record and judgment
Application of the Chapter
Application for plea bargaining
Guidelines for mutually satisfactory disposition

Report of the mutually satisfactory disposition to be submitted

before the Court

Disposal of the case

Judgment of the Court
Finality of the judgment
Power of the Court in plea bargaining
Period of detention undergone by the accused to be set off
against the sentence of imprisonment

Savings
Statements of accused not to be used
Non-application of the Chapter

Definition
Power to require attendance of prisoners
Power of State Government or
Central Government to exclude certain persons from
operation of section 302

Officer in charge of prison to abstain from carrying out order

in certain contingencies

Prisoner to be brought to Court in custody

Power to issue commission for
examination of witness in prison
Language of Courts
Evidence to be taken in presence of accused
Record in summons-cases and inquiries
Record in warrant-cases
Record in trial before Court of Session
Language of record of evidence
Procedure in regard to such evidence when completed

Interpretation of evidence to accused or his pleader

Remarks respecting demeanour of witness
Record of examination of accused
Interpreter to be bound to interpret truthfully
Record in High Court

When attendance of witness may be dispensed with and

commission issued

Commission to whom to be issued

Execution of commissions
Parties may examine witnesses
Return of commission
Adjournment of proceeding
Execution of foreign commissions
Deposition of medical witness
Identification report of Magistrate

Evidence of officers of the Mint

Reports of certain Government scientific experts
No formal proof of certain documents
Affidavit in proof of conduct of public servants
Evidence of formal character on affidavit
Authorities before whom affidavits may be sworn
Previous conviction or acquittal how proved
Record of evidence in absence of accused

Evidence of public servants, experts, police officers in certain

cases
Person once convicted or acquitted not to be tried for same
offence

Appearance by Public Prosecutors

Permission to conduct prosecution

Right of person against whom

proceedings are instituted to be defended

Legal aid to accused at State expense in certain cases

Procedure when corporation or registered society is
an accused

Tender of pardon to accomplice

Power to direct tender of pardon
Trial of person not complying with conditions of pardon
Power to postpone or adjourn proceedings
Local inspection

Power to summon material

witness, or examine person present
Power of Magistrate to order person to give specimen
signatures or handwriting

Expenses of complainants and witnesses

Power to examine the accused
Oral arguments and memorandum of arguments
Accused person to be competent witness

No influence to be used to induce disclosure

Provision for inquiries and trial being held in the absence of

accused in certain cases
Inquiry, trial or judgment in absentia of proclaimed offender
Procedure where accused does not understand proceedings

Power to proceed against other persons appearing to be

guilty of offence

Compounding of offences
Withdrawal from prosecution
Procedure in cases which Magistrate cannot dispose of

Procedure when, after commencement of inquiry or trial,

Magistrate finds case should be committed
Trial of persons previously convicted of offences against
coinage, stamp-law or property

Procedure when Magistrate cannot pass sentence sufficiently

severe
Conviction or commitment on evidence partly recorded by one
Magistrate and partly by another

Court to be open
Procedure in case of accused
being person with mental illness

Procedure in case of person

with mental illness tried before Court
Release of person with mental
illness pending investigation or trial

Resumption of inquiry or trial

Procedure on accused appearing before Magistrate or Court

When accused appears to have been of sound mind

Judgment of acquittal on ground of mental illness

Person acquitted on such

ground to be detained in safe custody
Power of State Government to empower officer-in-charge
to discharge

Procedure where prisoner with mental illness is reported

capable of making his defence
Procedure where person with mental illness detained is
declared fit to be released

Delivery of person with mental liabilities to care of relative

or friend

Procedure in cases mentioned in section 215

Appeal
Power to order costs
Procedure of Magistrate taking cognizance
Summary procedure for trial for giving false evidence
Procedure in certain cases of contempt

Procedure where Court considers that case should not

be dealt with under section 384

When Registrar or Sub- Registrar to be deemed a Civil Court

Discharge of offender on submission of apology

Imprisonment or committal of person refusing to answer or
produce document

Summary procedure for punishment for non-attendance by a

witness in obedience to summons

Appeals from convictions under

sections 383, 384, 388 and 389
Certain Judges and Magistrates not to try certain offences
when committed before themselves

Judgment
Language and contents of judgment
Deleted
Order for notifying address of previously convicted offender
Order to pay compensation
Victim compensation scheme
 Deleted

Treatment of victims
Witness Protection Scheme
Compensation to persons groundlessly arrested
Order to pay costs in non- cognizable cases

Order to release on probation of good conduct or

after admonition

Special reasons to be recorded in certain cases

Court not to alter judgment
Copy of judgment to be given to the accused and other
persons
Judgment when to be translated

Court of Session to send copy of finding and sentence to

District Magistrate

Sentence of death to be submitted by Court of Session for

confirmation
Power to direct further inquiry to be made or additional
evidence to be taken

Power of High Court to confirm sentence or annul conviction

Confirmation or new sentence to be signed by two Judges

Procedure in case of difference of opinion
Procedure in cases submitted to High Court for confirmation
No appeal to lie unless otherwise provided
Appeal from orders requiring security or refusal to accept or
rejecting surety for keeping peace or good behaviour

Appeals from convictions

No appeal in certain cases when accused pleads guilty
No appeal in petty cases
Appeal by the State Government against sentence
Appeal in case of acquittal
Appeal against conviction by High Court in certain cases
Special right of appeal in certain cases
Appeal to Court of Session how heard
Petition of appeal
Procedure when appellant in jail
Summary dismissal of appeal
Procedure for hearing appeals not dismissed summarily
Powers of the Appellate Court
Judgments of Subordinate Appellate Court
Order of High Court on appeal to be certified to lower Court

Suspension of sentence pending the appeal; release of

appellant on bail

Arrest of accused in appeal from acquittal

Appellate Court may take further evidence or direct it to be

taken
Procedure where Judges of
Court of Appeal are equally divided

Finality of judgments and orders on appeal

Abatement of appeals
Reference to High Court
Disposal of case according to decision of High Court

Calling for records to exercise powers of revision

Power to order inquiry
Sessions Judge’s powers of revision
Power of Additional Sessions Judge
High Court’s powers of revision

Power of High Court to withdraw or transfer revision cases

Option of Court to hear parties

 Deleted

High Court’s order to be certified to lower Court

Power of Supreme Court to transfer cases and appeals
Power of High Court to transfer cases and appeals
Power of Sessions Judge to transfer cases and appeals
Withdrawal of cases and appeals by Sessions Judges
Withdrawal of cases by Judicial Magistrates
Making over or withdrawal of cases by Executive Magistrates
Reasons to be recorded
Execution of order passed under section 368
Execution of sentence of death passed by High Court
 Postponement of execution of sentence of death in case of
appeal to Supreme Court

Postponement of capital sentence on pregnant woman

ower to appoint place of imprisonment
xecution of sentence of imprisonment
rection of warrant for execution

Warrant with whom to be lodged

Warrant for levy of fine
Effect of such warrant
Warrant for levy of fine issued by a Court in any territory to
which this Sanhita does not extend

Suspension of execution of sentence of imprisonment

Who may issue warrant
Sentence on escaped convict when to take effect

Sentence on offender already sentenced for another offence

Period of detention undergone by the accused to be set off
against the sentence of imprisonment

Saving
Return of warrant on execution of sentence
Money ordered to be paid recoverable as a fine
Mercy Petition in death sentence cases

Power to suspend or remit sentences

Power to commute sentence
Restriction on powers of remission or commutation in certain
cases

Concurrent power of Central

Government in case of death sentences
State Government to act after concurrence with Central
Government in certain cases

In what cases bail to be taken

Maximum period for which an under-trial prisoner can

be detained

When bail may be taken in case of non-bailable offence

Bail to require accused to appear before next appellate Court

Direction for grant of bail to person apprehending arrest
Special powers of High Court or Court of Session regarding
bail
Amount of bond and reduction thereof
Bond of accused and sureties

Declaration by sureties
Discharge from custody

Power to order sufficient bail when that first taken is

insufficient

Discharge of sureties
Deposit instead of recognizance
Procedure when bond has been forfeited
Cancellation of bond and bail bond
Procedure in case of insolvency of death of surety or when a
bond is forfeited

Bond required from minor

Appeal from orders under section 491
Power to direct levy of amount due on certain recognizances

Order for custody and disposal of property pending trial in

certain cases

Order for disposal of property at conclusion of trial

Payment to innocent purchaser of money found on accused

Appeal against orders under section 500 or section 501

Destruction of libellous and other
matter
Power to restore possession of immovable property
Procedure by police upon seizure of property
Procedure where no claimant appears within six months
Power to sell perishable property
Irregularities which do not vitiate proceedings
Irregularities which vitiate proceedings
Proceedings in wrong place
Non-compliance with provisions of section 183 or section 316

Effect of omission to frame, or absence of, or error in, charge

Finding or sentence when reversible by reason of error,

omission or irregularity

Defect or error not to make attachment unlawful

Definitions
Bar to taking cognizance after
lapse of the period of limitation
Commencement of the period of limitation
Exclusion of time in certain cases
Exclusion of date on which Court is closed
Continuing offence
Extension of period of limitation in certain cases
Trials before High Courts

Delivery to commanding officers of

persons liable to be tried by Court- martial

Forms
Power of High Court to make rules
Power to alter functions allocated
to Executive Magistrate in certain cases

Case in which Judge or Magistrate is personally interested

Practicing advocate not to sit as Magistrate in certain Courts

Public servant concerned in sale

not to purchase or bid for property
Saving of inherent powers of High Court

Duty of High Court to exercise

continuous superintendence over Courts

Trial and proceedings to be held in electronic mode.

Repeal and Savings