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The Code of Criminal Procedure : [Incorporating Criminal Law (Amendment) Act, 2018 (22 of 2018); Juvenile Justice (Care and Protection of Children) Act, 2015 (Act No.2 of 2016) and The Probation of Offenders Act, 1958] / Surya Narayan Misra

By: Misra, Surya Narayan.
Material type: TextTextPublisher: Prayagraj, Uttar Pradesh Central Law Publications 2020Edition: 22nd Ed.Reprint 2022.Description: lx, 1032p. : ill. ; 24cm.ISBN: 9789388267854.Subject(s): India; Criminal Procedure; Criminal LawDDC classification: 345.5405 MIS Online resources: Click here to access online
Contents:
Characterization: PRELIMINARY Section 1. Short title, extent and commencement 2. Definitions 3. Construction of references 4. Trial of offences under the Indian Penal Code and other laws 5. Saving CHAPTER II 6. Classes of Criminal Courts 7. Territorial divisions 8. Metropolitan areas 9. Court of Session 10. Subordination of Assistant Sessions Judges 11. Courts of Judicial Magistrates 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 13. Special Judicial Magistrates 14. Local jurisdiction of Judicial Magistrates 15. Subordination of Judicial Magistrates 16. Courts of Metropolitan Magistrates 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate 18. Special Metropolitan Magistrates 19. Subordination of Metropolitan Magistrates 20. Executive Magistrates 21. Special Executive Magistrates 22. Local jurisdiction of Executive Magistrates 23. Subordination of Executive Magistrates 24. Public Prosecutors 25. Assistant Public Prosecutors 25A. Directorate of Prosecution CHAPTER III POWER OF COURTS 26. Courts by which offences are triable 27. Jurisdiction in the case of juveniles 28. Sentences which High Courts and Sessions Judges may pass 29. Sentences which Magistrates may pass 30. Sentence of imprisonment in default of fine 31. Sentence in cases of conviction of several offences at one trial 32. Mode of conferring powers 33. Powers of officers appointed 34. Withdrawal of powers 35. Powers of Judges and Magistrates exercisable by their successors-in-office CHAPTER IV A. Powers of superior officers of police 36. Powers of superior officers of police B. Aid to the Magistrates and the police 37. Public when to assist Magistrates and police 38. Aid to person, other than police officer, executing warrant 39. Public to give information of certain offences 40. Duty of officers employed in connection with the affairs of a village to make certain report CHAPTER V ARREST OF PERSONS 41. When police may arrest without warrant 41A. Notice of appearance before police officer. 41B. Procedure of arrest and duties of officer making arrest. 41C. Control room at districts. 41D. Right of arrested person to meet an advocate of his choice during interrogation. 42. Arrest on refusal to give name and residence 43. Arrest by private person and procedure on such arrest 44. Arrest by Magistrate 45. Protection of members of the Armed Forces from arrest 46. Arrest how made 47. Search of place entered by person sought to be arrested 48. Pursuit of offenders into other jurisdictions 49. No unnecessary restraint 50. Person arrested to be informed of grounds of arrest and of right to bail 50A. Obligation of person making arrest to inform about the arrest, etc. to a nominated person 51. Search of arrested person 52. Power to seize offensive weapons 53. Examination of accused by medical practitioner at the request of police officer 53A. Examination of person accused of rape by medical practitioner 54. Examination of arrested person by medical officer. 54A. Identification of person arrested 55. Procedure when police officer deputes subordinate to arrest without warrant 55A. Health and safety of arrested person. 56. Person arrested to be taken before Magistrate or officer-in- charge of police station 57. Person arrested not to be detained more than twenty-four hours 58. Police to report apprehensions 59. Discharge of person apprehended 60. Power, on escape, to pursue and retake 60A. Arrest to be made strictly according to the Code. CHAPTER VI PROCESSES TO COMPEL APPEARANCE 61. Form of summons 62. Summons how served 63. Service of summons on corporate bodies and societies 64. Service when persons summoned cannot be found 65. Procedure when service cannot be effected as before provided 66. Service on Government servant 67. Service of summons outside local limits 68. Proof of service in such cases and when serving officer not present 69. Service of summons on witness by post 70. Form of warrant of arrest and duration 71. Power to direct security to be taken 72. Warrants to whom directed 73. Warrant may be directed to any person 74. Warrant directed to police officer 75. Notification of substance of warrant 76. Person arrested to be brought before Court without delay 77. Where warrant may be executed 78. Warrant forwarded for execution outside jurisdiction 79. Warrant directed to police officer for execution outside jurisdiction 80. Procedure of arrest of person against whom warrant issued 81. Procedure by Magistrate before whom such person arrested is brought 82. Proclamation for person absconding 83. Attachment of property of person absconding 84. Claims and objections to attachment 85. Release, sale and restoration of attached property 86. Appeal from order rejecting application for restoration of attached property 87. Issue of warrant in lieu of, or in addition to, summons 88. Power to take bond for appearance 89. Arrest on breach of bond for appearance 90. Provisions of this Chapter generally applicable to summons and warrants of arrest CHAPTER VII 91. Summons to produce document or other thing 92. Procedure as to letters and telegrams 93. When search-warrant may be issued 94. Search of place suspected to contain stolen property, forged documents, etc. 95. Power to declare certain publications forfeited and to issue search-warrants for the same 96. Application to High Court to set aside declaration of forfeiture 97. Search for persons wrongfully confined 98. Power to compel restoration of abducted females 99. Direction, etc., of search-warrants 100. Persons in charge of closed place to allow search 101. Disposal of things found in search beyond jurisdiction 102. Power of police officer to seize certain property 103. Magistrate may direct search in his presence 104. Power to impound document, etc., produced 105. Reciprocal arrangements regarding processes CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY 105A. Definitions 105B. Assistance in securing transfer of persons 105C. Assistance in relation to orders of attachment or forfeiture of property 105D. Identifying unlawfully acquired property 105E. Seizure or attachment of property 105F. Management of properties seized or forfeited under this Chapter 105G. Notice of forfeiture of property 105H. Forfeiture of property in certain cases 1051. Fine in lieu of forfeiture 105J. Certain transfers to be null and void 105K. Procedure in respect of letter of request 105L. Application of this Chapter CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 106. Security for keeping the peace on conviction 107. Security for keeping the peace in other cases 108. Security for good behaviour from persons disseminating seditious matters 109. Security for good behaviour from suspected persons 110. Security for good behaviour from habitual offenders 111. Order to be made 112. Procedure in respect of person present in Court 113. Summons or warrant in case of person not so present 114. Copy of order to accompany summons or warrant 115. Power to dispense with personal attendance 116. Inquiry as to truth of information 117. Order to give security 118. Discharge of person informed against 119. Commencement of period for which security is required 120. Contents of bond 121. Power to reject sureties 122. Imprisonment in default of security 123. Power to release persons imprisoned for failing to give security 124. Security for unexpired period of bond CHAPTER IX AND PARENTS 125. Order for maintenance of wives, children and parents 126. Procedure 127. Alteration in Allowance 128. Enforcement of order of maintenance CHAPTER X A. Unlawful Assemblies 129. Dispersal of assembly by use of civil force 130. Use of armed forces to disperse assembly 131. Power of certain armed force officers to disperse assembly 132. Protection against prosecution for acts done under preceding sections B. Public Nuisances 133. Conditional order for removal of nuisance 134. Service or notification of order 135. Person to whom order is addressed to obey or show-cause 136. Consequences of his failing to do so 137. Procedure where existence of public right is denied 138. Procedure where he appears to show-cause 139. Power of Magistrate to direct local investigation and examination of an expert 140. Power of Magistrate to furnish written instructions, etc. 141. Procedure on order being made absolute and consequences of disobedience 142. Injunction pending enquiry 143. Magistrate may prohibit repetition or continuance of public nuisance C. Urgent cases of nuisance or apprehended danger 144. Power to issue order in urgent cases of nuisance or apprehended danger 144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms D. Disputes as to immovable property 145. Procedure where dispute concerning land or water is likely to cause breach of peace 146. Power to attach subject of dispute and to appoint receiver 147. Dispute concerning right of use of land or water 148. Local inquiry CHAPTER XI PREVENTIVE ACTION OF THE POLICE 149. Police to prevent cognizable offences 150. Information of design to commit cognizable offences 151. Arrest to prevent the commission of cognizable offences 152. Prevention of injury to public property 153. Inspection of weights and measures CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 154. Information in cognizable cases 155. Information as to non-cognizable cases and investigation of such cases 156. Police Officer's power to investigate cognizable case 157. Procedure for investigation 158. Report how submitted 159. Power to hold investigation or preliminary inquiry 160. Police Officer's power to require attendance of witnesses 161. Examination of witnesses by police 162. Statements to police not to be signed : Use of statements in evidence 163. No inducement to be offered 164. Recording of confessions and statements 164A. Medical examination of the victim of rape 165. Search by Police Officer 166. When officer-in-charge of police station may require another to issue search-warrant 166-A. Letter of request to competent authority for investigation in a country or place outside India 166-B. Letter of request from a country or place outside India to a court or an authority for investigation in India 167. Procedure when investigation cannot be completed in twenty-four hours 168. Report of investigation by subordinate Police Officer 169. Release of accused when evidence deficient 170. Cases to be sent to Magistrate when evidence is sufficient 171. Complainant and witnesses not to be required to accompany Police Officer and not to be subject to restraint 172. Diary of proceedings in investigation 173. Report of Police Officer on completion of investigation 174. Police to enquire and report on suicide, etc. 175. Power to summon persons 176. Inquiry by Magistrate into cause of death CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 177. Ordinary place of inquiry and trial 178. Place of inquiry or trial 179. Offence triable where act is done or consequence ensues 180. Place of trial where act is an offence by reason of relation to other offence 181. Place of trial in case of certain offences 182. Offences committed by letters, etc. 183. Offence committed on journey or voyage 184. Place of trial for offences triable together 185. Power to order cases to be tried in different sessions divisions 186. High Court to decide, in case of doubt, district where inquiry or trial shall take place 187. Power to issue summons or warrant for offence committed beyond local jurisdiction 188. Offence committed outside India 189. Receipt of evidence relating to offences committed outside India CHAPTER XIV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 190. Cognizance of offences by Magistrates 191. Transfer on application of the accused 192. Making over of cases to Magistrates 193. Cognizance of offences by Courts of Session 194. Additional and Assistant Sessions Judges to try cases made over to them 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence 195A. Procedure for witnesses in case of threatening, etc. 196. Prosecution for offences against the State and for criminal conspiracy to commit such offence 197. Prosecution of Judges and public servants 198. Prosecution for offences against marriage 198A. Prosecution of offences under Section 498-A of the Indian Penal Code 198B. Cognizance of offence 199. Prosecution for defamation CHAPTER XV COMPLAINTS TO MAGISTRATES 200. Examination of complainant 201. Procedure by Magistrate not competent to take cognizance of the case 202. Postponement of issue of process 203. Dismissal of complaint CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 204. Issue of process 205. Magistrate may dispense with personal attendance of accused 206. Special summons in cases of petty offence 207. Supply to the accused copy of police report and other documents 208. Supply of copies of statements and documents to accused in other cases triable by Court of Session 209. Commitment of case to Court of Session when offence is triable exclusively by it 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence CHAPTER XVII THE CHARGE 211. Contents of charge 212. Particulars as to time, place and person 213. When manner of committing offence must be stated 214. Words in charge taken in sense of law under which offence is punishable 215. Effect of errors 216. Court may alter charge 217. Recall of witnesses when charge altered 218. Separate charges for distinct offences 219. Three offences of same kind within year may be charged together 220. Trial for more than one offence 221. Where it is doubtful what offence has been committed 222. When offence proved included in offence charged 223. What persons may be charged jointly 224. Withdrawal of remaining charges on conviction on one of several charges CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION 225. Trial to be conducted by Public Prosecutor 226. Opening case for prosecution 227. Discharge 228. Framing of charge 229. Conviction on plea of guilty 230. Date for prosecution evidence 231. Evidence for prosecution 232. Acquittal 233. Entering upon defence 234. Arguments 235. Judgment of acquittal or conviction 236. Previous conviction 237. Procedure in cases instituted under Section 199 (2) CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES 238. Compliance with Section 207 239. When accused shall be discharged 240. Framing of charge 241. Conviction on plea of guilty 242. Evidence for prosecution 243. Evidence for defence 244. Evidence for prosecution 245. When accused shall be discharged 246. Procedure where accused is not discharged 247. Evidence for defence 248. Acquittal or conviction 249. Absence of complainant 250. Compensation for accusation without reasonable cause CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES 251. Substance of accusation to be stated 252. Conviction on plea of guilty 253. Conviction on plea of guilty in absence of accused in petty cases 254. Procedure when not convicted 255. Acquittal or conviction 256. Non-appearance or death of complainant 257. Withdrawal of complaint 258. Power to stop proceedings in certain cases 259. Power of Court to convert summons-cases into warrant-cases CHAPTER XXI SUMMARY TRIALS 260. Power to try summarily 261. Summary trial by Magistrate of the second class 262. Procedure for summary trials 263. Record in summary trials 264. Judgment in cases tried summarily 265. Language of record and judgment CHAPTER XXIA PLEA BARGAINING 265A. Application of the Chapter 265B. Application for plea bargaining 265C. Guidelines for mutually satisfactory disposition 265D. Report of the mutually satisfactory disposition to be submitted before the Court 265E. Disposal of the case 265F. Judgment of the Court 265G. Finality of the Judgment 265H. Power of the Court in plea bargaining 265I. Period of detention undergone by the accused to be set-off against the sentence of imprisonment 265J. Savings 265K. Statements of accused not to be used 265L. Non-application of the Chapter CHAPTER XXII ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 266. Definitions 267. Power to require attendance of prisoners 268. Power of State Government to exclude certain persons from operation of Section 267 269. Officer in charge of prison to abstain from carrying out order in certain contingencies 270. Prisoner to be brought to Court in custody 271. Power to issue commission for examination of witness in prison EVIDENCE IN INQUIRIES AND TRIALS 272. Language of Courts 273. Evidence to be taken in presence of accused 274. Record in summons-cases and inquiries 275. Record in warrant-cases 276. Record in trial before Court of Session 277. Language of record of evidence 278. Procedure in regard to such evidence when completed 279. Interpretation of evidence to accused or his pleader 280. Remarks respecting demeanour of witness 281. Record of examination of accused 282. Interpreter to be bound to interpret truthfully 283. Record in High Court 284. When attendance of witness may be dispensed with and commission issued 285. Commission to whom to be issued 286. Execution of commissions 287. Parties may examine witnesses 288. Return of commission 289. Adjournment of proceeding 290. Execution of foreign commissions 291. Deposition of medical witness 291 A. Identification report of Magistrate 292. Evidence of officers of the Mint 293. Reports of certain Government scientific experts 294. No formal proof of certain documents 295. Affidavit in proof of conduct of public servants 296. Evidence of formal character on affidavit 297. Authorities before whom affidavits may be sworn 298. Previous conviction or acquittal how proved 299. Record of evidence in absence of accused CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 300. Person once convicted or acquitted not to be tried for same offence 301. Appearance by Public Prosecutors 302. Permission to conduct prosecution 303. Right of person against whom proceedings are instituted to be defended 304. Legal aid to accused at State expense in certain cases 305. Procedure when corporation or registered society is an accused 306. Tender of pardon to accomplice 307. Power to direct tender of pardon 308. Trial of person not complying with conditions of pardon 309. Power to postpone or adjourn proceedings 310. Local inspection 311. Power to summon material witness, or examine person present 311 A. Power of Magistrate to order person to give specimen signatures or handwriting 312. Expenses of complainants and witnesses 313. Power to examine the accused 314. Oral arguments and memorandum of arguments 315. Accused person to be competent witness 316. No influence to be used to induce disclosure 317. Provision for inquiries and trial being held in the absence of accused in certain cases 318. Procedure where accused does not understand proceedings 319. Power to proceed against other persons appearing to be guilty of offence 320. Compoimding of offences 321. Withdrawal from prosecution 322. Procedure in cases which Magistrate cannot dispose of 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed 324. Trial of persons previously convicted of offences against coinage, stamp-law or property 325. Procedure when Magistrate cannot pass sentence sufficiently severe 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another 327. Court to be open CHAPTER XXV PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 328. Procedure in case of accused being lunatic 329. Procedure in case of person of unsound mind tried before court 330. Release of person of unsound mind pending investigation or trial 331. Resumption of inquiry or trial 332. Procedure on accused appearing before Magistrate or Court 333. When accused appears to have been of sound mind 334. Judgment of acquittal on ground of unsoundness of mind 335. Person acquitted on such ground to be detained in safe custody 336. Power of State Government to empower officer-in-charge to discharge 337. Procedure where lunatic prisoner is reported capable of making his defence 338. Procedure where lunatic detained is declared fit to be released N 339. Delivery of lunatic to care of relative or friend CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 340. Procedure in cases mentioned in Section 195 341. Appeal 342. Power to order costs 343. Procedure of Magistrate taking cognizance 344. Summary procedure for trial for giving false evidence 345. Procedure in certain cases of contemp 1 346. Procedure where Court considers that case should not be dealt with under Section 345 347. When Registrar or Sub-Registrar to be deemed a Civil Court 348. Discharge of offender on submission of apology 349. Imprisonment or committal of person refusing to answer or produce document 350. Summary procedure for punishment for non-attendance by a witness in obedience to summons 351. Appeals from convictions under sections 344, 345, 349 and 350 352. Certain Judges and Magistrates not to try certain offences when committed before themselves CHAPTER XXVII THE JUDGMENT 353. Judgment 354. Language and contents of judgment 355. Metropolitan Magistrate's Judgment 356. Order for notifying address of previously convicted offender 357. Order to pay compensation 357A. Victim compensation scheme. 357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code 357C. Treatment of victims 358. Compensation to persons groundlessly arrested 359. Order to pay costs in non-cognizable cases 360. Order to release on probation of good conduct or after admonition 361. Special reasons to be recorded in certain cases 362. Court not to alter judgment 363. Copy of judgment to be given to the accused and other persons 364. Judgment when to be translated 365. Court of Session to send copy of finding and sentence to District Magistrate CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 366. Sentence of death to be submitted by Court of Session for confirmation 367. Power to direct further inquiry to be made or additional evidence to be taken 368. Power of High Court to confirm sentence or annul conviction 369. Confirmation or new sentence to be signed by two judges 370. Procedure in case of difference of opinion 371. Procedure in cases submitted to High Court for confirmation CHAPTER XXIX APPEALS 372. No appeal to lie unless otherwise provided 373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour 374. Appeals from convictions 375. No appeal in certain cases when accused pleads guilty 376. No appeal in petty cases 377. Appeal by the State Government against sentence 378. Appeal in case of acquittal 379. Appeal against conviction by High Court in certain cases 380. Special right of appeal in certain cases 381. Appeal to Court of Session how heard 382. Petition of appeal 383. Procedure when appellant in jail 384. Summary dismissal of appeal 385. Procedure for hearing appeals not dismissed summarily 386. Powers of the Appellate Court 387. Judgments of subordinate Appellate Court 388. Order of High Court on appeal to be certified to lower Court 389. Suspension of sentence pending the appeal : release of appellant on bail 390. Arrest of accused in appeal from acquittal 391. Appellate Court may take further evidence or direct it to be taken 392. Procedure where Judges of Court of Appeal are equally divided 393. Finality of judgments and orders on appeal 394. Abatement of appeals CHAPTER XXX REFERENCE AND REVISION 395. Reference to High Court 396. Disposal of case according to decision of High Court 397. Calling for records to exercise powers of revision 398. Power to order inquiry 399. Sessions Judge's powers of revision 400. Power of Additional Sessions Judge 401. High Court's powers of revision 402. Power of High Court to withdraw or transfer revision cases 403. Option of Court to hear parties 404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court 405. High Court's order to be certified to lower Court CHAPTER XXXI TRANSFER OF CRIMINAL CASES 406. Power of Supreme Court to transfer cases and appeals 407. Power of High Court to transfer cases and appeals 408. Power of Sessions Judge to transfer cases and appeals 409. Withdrawal of cases and appeals by Sessions Judge 410. Withdrawal of cases by Judicial Magistrates 411. Making over or withdrawal of cases by Executive Magistrates 412. Reasons to be recorded CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A. Death Sentences 413. Execution of order passed under Section 368 414. Execution of sentence of death passed by High Court 415. Postponement of execution of sentence of death in case of appeal to Supreme Court 416. Postponement of capital sentence on pregnant woman B. Imprisonment 417. Power to appoint place of imprisonment 418. Execution of sentence of imprisonment 419. Direction of warrant for execution 420. Warrant with whom to be lodged C. Levy of fine 421. Warrant for levy of fine 422. Effect of such warrant 423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend 424. Suspension of execution of sentence of imprisonment D. General provisions regarding execution 425. Who may issue warrant 426. Sentence on escaped convict when to take effect 427. Sentence on offender already sentenced for another offence 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment 429. Saving 430. Return of warrant on execution of sentence 431. Money ordered to be paid recoverable as a fine E. Suspension, remission and commutation of sentences 432. Power to suspend or remit sentences 433. Power to commute sentence 433A. Restriction on powers of remission or commutation in certain cases 434. Concurrent power of Central Government in case of death sentences 435. State Government to act after consultation with Central Government in certain cases CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS 436. In what cases bail to be taken 436A. Maximum period for which an undertrial prisoner can be detained 437. When bail may be taken in case of non-bailable offence 437A. Bail to require accused to appear before next appellate Court 438. Direction for grant of bail to person apprehending arrest 439. Special powers of High Court or Court of Session regarding bail 440. Amount of bond and reduction thereof 441. Bond of accused and sureties 441A. Declaration by sureties 442. Discharge from custody 443. Power to order sufficient bail when that first taken is insufficient 444. Discharge of sureties 445. Deposit instead of recognizance 446. Procedure when bond has been forfeited 446A. Cancellation of bond and bail-bond 447. Procedure in case of insolvency or death of surety or when a bond is forfeited 448. Bond required from minor 449. Appeal from orders under Section 446 450. Power to direct levy of amount due on certain recognizances CHAPTER XXXIV DISPOSAL OF PROPERTY 451. Order for custody and disposal of property pending trial in certain cases 452. Order for disposal of property at conclusion of trial 453. Payment to innocent purchaser of money found on accused 454. Appeal against orders under Section 452 or Section 453 455. Destruction of libellous and other matter 456. Power to restore possession of immovable property 457. Procedure by police upon seizure of property 458. Procedure where no claimant appears within six months 459. Power to sell perishable property CHAPTER XXXV IRREGULAR PROCEEDINGS 460. Irregularities which do not vitiate proceedings 461. Irregularities which vitiate proceedings 462. Proceedings in wrong place 463. Non-compliance with provisions of Section 164 or Section 281 464. Effect of omission to frame, or absence of, or error in, charge 465. Finding or sentence when reversible by reason of error, omission or irregularity 466. Defect or error not to make attachment unlawful CHAPTER XXXVI LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 467. Definitions 468. Bar to taking cognizance after lapse of the period of limitation 469. Commencement of the period of limitation 470. Exclusion of time in certain cases 471. Exclusion of date on which Court is closed 472. Continuing offence 473. Extension of period of limitation in certain cases CHAPTER XXXVII MISCELLANEOUS 474. Trials before High Courts 475. Delivery to commanding officers of persons liable to be tried by Court-martial 476. Forms 477. Power of High Court to make rules 478. Power to alter functions allocated to Executive Magistrates in certain cases 479. Cases in which Judge or Magistrate is personally interested 480. Practising pleader not to sit as Magistrate in certain Courts 481. Public servant concerned in sale not to purchase or bid for property 482. Saving of inherent powers of High Court 483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates 484. Repeal and savings SCHEDULES The Juvenile Justice (Care and Protection of Children) Act, 2015 The Probation of Offenders Act, 1958
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It includes Preface, Contents, Table of Cases, and Index pages etc.

Characterization:

PRELIMINARY
Section

1. Short title, extent and commencement

2. Definitions

3. Construction of references

4. Trial of offences under the Indian Penal Code and other laws

5. Saving

CHAPTER II

6. Classes of Criminal Courts

7. Territorial divisions

8. Metropolitan areas

9. Court of Session

10. Subordination of Assistant Sessions Judges

11. Courts of Judicial Magistrates

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

13. Special Judicial Magistrates

14. Local jurisdiction of Judicial Magistrates

15. Subordination of Judicial Magistrates

16. Courts of Metropolitan Magistrates

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

18. Special Metropolitan Magistrates

19. Subordination of Metropolitan Magistrates

20. Executive Magistrates

21. Special Executive Magistrates

22. Local jurisdiction of Executive Magistrates

23. Subordination of Executive Magistrates

24. Public Prosecutors

25. Assistant Public Prosecutors

25A. Directorate of Prosecution

CHAPTER III

POWER OF COURTS

26. Courts by which offences are triable

27. Jurisdiction in the case of juveniles

28. Sentences which High Courts and Sessions Judges may pass

29. Sentences which Magistrates may pass

30. Sentence of imprisonment in default of fine

31. Sentence in cases of conviction of several offences at one trial

32. Mode of conferring powers

33. Powers of officers appointed

34. Withdrawal of powers

35. Powers of Judges and Magistrates exercisable by their successors-in-office





CHAPTER IV

A. Powers of superior officers of police

36. Powers of superior officers of police



B. Aid to the Magistrates and the police

37. Public when to assist Magistrates and police

38. Aid to person, other than police officer, executing warrant

39. Public to give information of certain offences

40. Duty of officers employed in connection with the affairs of a village to make certain report



CHAPTER V

ARREST OF PERSONS

41. When police may arrest without warrant

41A. Notice of appearance before police officer.

41B. Procedure of arrest and duties of officer making arrest.

41C. Control room at districts.

41D. Right of arrested person to meet an advocate of his choice during interrogation.

42. Arrest on refusal to give name and residence

43. Arrest by private person and procedure on such arrest

44. Arrest by Magistrate

45. Protection of members of the Armed Forces from arrest

46. Arrest how made

47. Search of place entered by person sought to be arrested

48. Pursuit of offenders into other jurisdictions

49. No unnecessary restraint

50. Person arrested to be informed of grounds of arrest and of right to bail

50A. Obligation of person making arrest to inform about the arrest, etc. to a nominated person

51. Search of arrested person

52. Power to seize offensive weapons

53. Examination of accused by medical practitioner at the request of police officer

53A. Examination of person accused of rape by medical practitioner

54. Examination of arrested person by medical officer.

54A. Identification of person arrested

55. Procedure when police officer deputes subordinate to arrest without warrant

55A. Health and safety of arrested person.

56. Person arrested to be taken before Magistrate or officer-in- charge of police station

57. Person arrested not to be detained more than twenty-four hours

58. Police to report apprehensions

59. Discharge of person apprehended

60. Power, on escape, to pursue and retake

60A. Arrest to be made strictly according to the Code.

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

61. Form of summons

62. Summons how served

63. Service of summons on corporate bodies and societies

64. Service when persons summoned cannot be found

65. Procedure when service cannot be effected as before provided

66. Service on Government servant

67. Service of summons outside local limits

68. Proof of service in such cases and when serving officer not present

69. Service of summons on witness by post

70. Form of warrant of arrest and duration

71. Power to direct security to be taken

72. Warrants to whom directed

73. Warrant may be directed to any person

74. Warrant directed to police officer

75. Notification of substance of warrant

76. Person arrested to be brought before Court without delay

77. Where warrant may be executed

78. Warrant forwarded for execution outside jurisdiction

79. Warrant directed to police officer for execution outside jurisdiction

80. Procedure of arrest of person against whom warrant issued

81. Procedure by Magistrate before whom such person arrested is brought

82. Proclamation for person absconding

83. Attachment of property of person absconding

84. Claims and objections to attachment

85. Release, sale and restoration of attached property

86. Appeal from order rejecting application for restoration of attached property

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

88. Power to take bond for appearance

89. Arrest on breach of bond for appearance

90. Provisions of this Chapter generally applicable to summons and warrants of arrest



CHAPTER VII

91. Summons to produce document or other thing

92. Procedure as to letters and telegrams

93. When search-warrant may be issued

94. Search of place suspected to contain stolen property, forged documents, etc.

95. Power to declare certain publications forfeited and to issue search-warrants for the same

96. Application to High Court to set aside declaration of forfeiture

97. Search for persons wrongfully confined

98. Power to compel restoration of abducted females

99. Direction, etc., of search-warrants

100. Persons in charge of closed place to allow search

101. Disposal of things found in search beyond jurisdiction

102. Power of police officer to seize certain property

103. Magistrate may direct search in his presence

104. Power to impound document, etc., produced

105. Reciprocal arrangements regarding processes

CHAPTER VIIA

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN

CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT

AND FORFEITURE OF PROPERTY

105A. Definitions

105B. Assistance in securing transfer of persons


105C. Assistance in relation to orders of attachment or forfeiture of property

105D. Identifying unlawfully acquired property 105E. Seizure or attachment of property

105F. Management of properties seized or forfeited under this Chapter

105G. Notice of forfeiture of property

105H. Forfeiture of property in certain cases

1051. Fine in lieu of forfeiture

105J. Certain transfers to be null and void

105K. Procedure in respect of letter of request

105L. Application of this Chapter

CHAPTER VIII

SECURITY FOR KEEPING THE PEACE AND

FOR GOOD BEHAVIOUR

106. Security for keeping the peace on conviction

107. Security for keeping the peace in other cases

108. Security for good behaviour from persons disseminating seditious matters

109. Security for good behaviour from suspected persons

110. Security for good behaviour from habitual offenders

111. Order to be made

112. Procedure in respect of person present in Court

113. Summons or warrant in case of person not so present

114. Copy of order to accompany summons or warrant

115. Power to dispense with personal attendance

116. Inquiry as to truth of information

117. Order to give security

118. Discharge of person informed against

119. Commencement of period for which security is required

120. Contents of bond

121. Power to reject sureties

122. Imprisonment in default of security

123. Power to release persons imprisoned for failing to give security

124. Security for unexpired period of bond



CHAPTER IX

AND PARENTS

125. Order for maintenance of wives, children and parents

126. Procedure

127. Alteration in Allowance

128. Enforcement of order of maintenance



CHAPTER X

A. Unlawful Assemblies

129. Dispersal of assembly by use of civil force

130. Use of armed forces to disperse assembly

131. Power of certain armed force officers to disperse assembly

132. Protection against prosecution for acts done under preceding sections

B. Public Nuisances

133. Conditional order for removal of nuisance

134. Service or notification of order

135. Person to whom order is addressed to obey or show-cause

136. Consequences of his failing to do so

137. Procedure where existence of public right is denied

138. Procedure where he appears to show-cause

139. Power of Magistrate to direct local investigation and examination of an expert

140. Power of Magistrate to furnish written instructions, etc.

141. Procedure on order being made absolute and consequences of disobedience

142. Injunction pending enquiry

143. Magistrate may prohibit repetition or continuance of public nuisance

C. Urgent cases of nuisance or apprehended danger

144. Power to issue order in urgent cases of nuisance or apprehended danger

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

D. Disputes as to immovable property

145. Procedure where dispute concerning land or water is likely to cause breach of peace

146. Power to attach subject of dispute and to appoint receiver

147. Dispute concerning right of use of land or water

148. Local inquiry

CHAPTER XI

PREVENTIVE ACTION OF THE POLICE

149. Police to prevent cognizable offences

150. Information of design to commit cognizable offences

151. Arrest to prevent the commission of cognizable offences

152. Prevention of injury to public property

153. Inspection of weights and measures

CHAPTER XII

INFORMATION TO THE POLICE AND THEIR

POWERS TO INVESTIGATE

154. Information in cognizable cases

155. Information as to non-cognizable cases and investigation of such cases

156. Police Officer's power to investigate cognizable case

157. Procedure for investigation

158. Report how submitted

159. Power to hold investigation or preliminary inquiry

160. Police Officer's power to require attendance of witnesses

161. Examination of witnesses by police

162. Statements to police not to be signed : Use of statements in evidence

163. No inducement to be offered

164. Recording of confessions and statements 164A. Medical examination of the victim of rape

165. Search by Police Officer

166. When officer-in-charge of police station may require another to issue search-warrant

166-A. Letter of request to competent authority for investigation in a country or place outside

India

166-B. Letter of request from a country or place outside India to a court or an authority for

investigation in India

167. Procedure when investigation cannot be completed in twenty-four hours

168. Report of investigation by subordinate Police Officer

169. Release of accused when evidence deficient

170. Cases to be sent to Magistrate when evidence is sufficient

171. Complainant and witnesses not to be required to accompany Police Officer and not to be

subject to restraint

172. Diary of proceedings in investigation

173. Report of Police Officer on completion of investigation

174. Police to enquire and report on suicide, etc.

175. Power to summon persons

176. Inquiry by Magistrate into cause of death

CHAPTER XIII

JURISDICTION OF THE CRIMINAL COURTS IN

INQUIRIES AND TRIALS

177. Ordinary place of inquiry and trial

178. Place of inquiry or trial

179. Offence triable where act is done or consequence ensues

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

181. Place of trial in case of certain offences

182. Offences committed by letters, etc.

183. Offence committed on journey or voyage

184. Place of trial for offences triable together

185. Power to order cases to be tried in different sessions divisions

186. High Court to decide, in case of doubt, district where inquiry or trial shall take place

187. Power to issue summons or warrant for offence committed beyond local jurisdiction

188. Offence committed outside India

189. Receipt of evidence relating to offences committed outside India

CHAPTER XIV

CONDITIONS REQUISITE FOR INITIATION

OF PROCEEDINGS

190. Cognizance of offences by Magistrates

191. Transfer on application of the accused

192. Making over of cases to Magistrates

193. Cognizance of offences by Courts of Session

194. Additional and Assistant Sessions Judges to try cases made over to them

195. Prosecution for contempt of lawful authority of public servants, for offences against public

justice and for offences relating to documents given in evidence

195A. Procedure for witnesses in case of threatening, etc.

196. Prosecution for offences against the State and for criminal conspiracy to commit

such offence

197. Prosecution of Judges and public servants

198. Prosecution for offences against marriage

198A. Prosecution of offences under Section 498-A of the Indian Penal Code

198B. Cognizance of offence

199. Prosecution for defamation

CHAPTER XV

COMPLAINTS TO MAGISTRATES

200. Examination of complainant

201. Procedure by Magistrate not competent to take cognizance of the case

202. Postponement of issue of process

203. Dismissal of complaint

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS

BEFORE MAGISTRATES

204. Issue of process

205. Magistrate may dispense with personal attendance of accused

206. Special summons in cases of petty offence

207. Supply to the accused copy of police report and other documents


208. Supply of copies of statements and documents to accused in other cases triable by

Court of Session

209. Commitment of case to Court of Session when offence is triable exclusively by it

210. Procedure to be followed when there is a complaint case and police investigation in respect

of the same offence



CHAPTER XVII

THE CHARGE

211. Contents of charge

212. Particulars as to time, place and person

213. When manner of committing offence must be stated

214. Words in charge taken in sense of law under which offence is punishable

215. Effect of errors

216. Court may alter charge

217. Recall of witnesses when charge altered

218. Separate charges for distinct offences

219. Three offences of same kind within year may be charged together

220. Trial for more than one offence

221. Where it is doubtful what offence has been committed

222. When offence proved included in offence charged

223. What persons may be charged jointly

224. Withdrawal of remaining charges on conviction on one of several charges

CHAPTER XVIII

TRIAL BEFORE A COURT OF SESSION

225. Trial to be conducted by Public Prosecutor

226. Opening case for prosecution

227. Discharge

228. Framing of charge

229. Conviction on plea of guilty

230. Date for prosecution evidence

231. Evidence for prosecution

232. Acquittal

233. Entering upon defence

234. Arguments

235. Judgment of acquittal or conviction

236. Previous conviction

237. Procedure in cases instituted under Section 199 (2)

CHAPTER XIX

TRIAL OF WARRANT-CASES BY MAGISTRATES

238. Compliance with Section 207

239. When accused shall be discharged

240. Framing of charge

241. Conviction on plea of guilty

242. Evidence for prosecution

243. Evidence for defence

244. Evidence for prosecution

245. When accused shall be discharged

246. Procedure where accused is not discharged

247. Evidence for defence

248. Acquittal or conviction

249. Absence of complainant

250. Compensation for accusation without reasonable cause

CHAPTER XX

TRIAL OF SUMMONS-CASES BY MAGISTRATES

251. Substance of accusation to be stated

252. Conviction on plea of guilty

253. Conviction on plea of guilty in absence of accused in petty cases

254. Procedure when not convicted

255. Acquittal or conviction

256. Non-appearance or death of complainant

257. Withdrawal of complaint

258. Power to stop proceedings in certain cases

259. Power of Court to convert summons-cases into warrant-cases

CHAPTER XXI

SUMMARY TRIALS

260. Power to try summarily

261. Summary trial by Magistrate of the second class

262. Procedure for summary trials

263. Record in summary trials

264. Judgment in cases tried summarily

265. Language of record and judgment

CHAPTER XXIA

PLEA BARGAINING

265A. Application of the Chapter

265B. Application for plea bargaining

265C. Guidelines for mutually satisfactory disposition

265D. Report of the mutually satisfactory disposition to be submitted before the Court

265E. Disposal of the case 265F. Judgment of the Court 265G. Finality of the Judgment

265H. Power of the Court in plea bargaining

265I. Period of detention undergone by the accused to be set-off against the sentence of

imprisonment

265J. Savings

265K. Statements of accused not to be used

265L. Non-application of the Chapter

CHAPTER XXII

ATTENDANCE OF PERSONS CONFINED OR

DETAINED IN PRISONS

266. Definitions

267. Power to require attendance of prisoners

268. Power of State Government to exclude certain persons from

operation of Section 267

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

270. Prisoner to be brought to Court in custody

271. Power to issue commission for examination of witness in prison

EVIDENCE IN INQUIRIES AND TRIALS

272. Language of Courts

273. Evidence to be taken in presence of accused

274. Record in summons-cases and inquiries

275. Record in warrant-cases

276. Record in trial before Court of Session

277. Language of record of evidence

278. Procedure in regard to such evidence when completed

279. Interpretation of evidence to accused or his pleader

280. Remarks respecting demeanour of witness

281. Record of examination of accused

282. Interpreter to be bound to interpret truthfully

283. Record in High Court

284. When attendance of witness may be dispensed with and commission issued

285. Commission to whom to be issued

286. Execution of commissions

287. Parties may examine witnesses

288. Return of commission

289. Adjournment of proceeding

290. Execution of foreign commissions

291. Deposition of medical witness

291 A. Identification report of Magistrate

292. Evidence of officers of the Mint

293. Reports of certain Government scientific experts

294. No formal proof of certain documents

295. Affidavit in proof of conduct of public servants

296. Evidence of formal character on affidavit

297. Authorities before whom affidavits may be sworn

298. Previous conviction or acquittal how proved

299. Record of evidence in absence of accused

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES

AND TRIALS

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

301. Appearance by Public Prosecutors

302. Permission to conduct prosecution

303. Right of person against whom proceedings are instituted to be defended

304. Legal aid to accused at State expense in certain cases

305. Procedure when corporation or registered society is an accused

306. Tender of pardon to accomplice

307. Power to direct tender of pardon

308. Trial of person not complying with conditions of pardon

309. Power to postpone or adjourn proceedings

310. Local inspection

311. Power to summon material witness, or examine person present

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

312. Expenses of complainants and witnesses

313. Power to examine the accused

314. Oral arguments and memorandum of arguments

315. Accused person to be competent witness

316. No influence to be used to induce disclosure

317. Provision for inquiries and trial being held in the absence of accused in certain cases

318. Procedure where accused does not understand proceedings

319. Power to proceed against other persons appearing to be guilty of offence

320. Compoimding of offences

321. Withdrawal from prosecution

322. Procedure in cases which Magistrate cannot dispose of

323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should

be committed

324. Trial of persons previously convicted of offences against coinage, stamp-law or property

325. Procedure when Magistrate cannot pass sentence sufficiently severe

326. Conviction or commitment on evidence partly recorded by one Magistrate and partly

by another

327. Court to be open

CHAPTER XXV

PROVISIONS AS TO ACCUSED PERSONS

OF UNSOUND MIND

328. Procedure in case of accused being lunatic

329. Procedure in case of person of unsound mind tried before court

330. Release of person of unsound mind pending investigation or trial

331. Resumption of inquiry or trial

332. Procedure on accused appearing before Magistrate or Court

333. When accused appears to have been of sound mind

334. Judgment of acquittal on ground of unsoundness of mind

335. Person acquitted on such ground to be detained in safe custody

336. Power of State Government to empower officer-in-charge to discharge

337. Procedure where lunatic prisoner is reported capable of making his defence

338. Procedure where lunatic detained is declared fit to be released N

339. Delivery of lunatic to care of relative or friend

CHAPTER XXVI

PROVISIONS AS TO OFFENCES AFFECTING

THE ADMINISTRATION OF JUSTICE

340. Procedure in cases mentioned in Section 195

341. Appeal

342. Power to order costs

343. Procedure of Magistrate taking cognizance

344. Summary procedure for trial for giving false evidence

345. Procedure in certain cases of contemp 1

346. Procedure where Court considers that case should not be dealt with under Section 345

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

348. Discharge of offender on submission of apology

349. Imprisonment or committal of person refusing to answer or produce document

350. Summary procedure for punishment for non-attendance by a witness in obedience

to summons

351. Appeals from convictions under sections 344, 345, 349 and 350

352. Certain Judges and Magistrates not to try certain offences when committed

before themselves



CHAPTER XXVII

THE JUDGMENT

353. Judgment

354. Language and contents of judgment

355. Metropolitan Magistrate's Judgment

356. Order for notifying address of previously convicted offender

357. Order to pay compensation

357A. Victim compensation scheme.

357B. Compensation to be in addition to fine under section 326A or section 376D of

Indian Penal Code

357C. Treatment of victims

358. Compensation to persons groundlessly arrested

359. Order to pay costs in non-cognizable cases

360. Order to release on probation of good conduct or after admonition

361. Special reasons to be recorded in certain cases

362. Court not to alter judgment

363. Copy of judgment to be given to the accused and other persons

364. Judgment when to be translated

365. Court of Session to send copy of finding and sentence to District Magistrate

CHAPTER XXVIII

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

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

367. Power to direct further inquiry to be made or additional evidence to be taken

368. Power of High Court to confirm sentence or annul conviction

369. Confirmation or new sentence to be signed by two judges

370. Procedure in case of difference of opinion

371. Procedure in cases submitted to High Court for confirmation



CHAPTER XXIX

APPEALS

372. No appeal to lie unless otherwise provided

373. Appeal from orders requiring security or refusal to accept or rejecting surety for

keeping peace or good behaviour

374. Appeals from convictions

375. No appeal in certain cases when accused pleads guilty

376. No appeal in petty cases

377. Appeal by the State Government against sentence

378. Appeal in case of acquittal

379. Appeal against conviction by High Court in certain cases

380. Special right of appeal in certain cases

381. Appeal to Court of Session how heard

382. Petition of appeal

383. Procedure when appellant in jail

384. Summary dismissal of appeal

385. Procedure for hearing appeals not dismissed summarily

386. Powers of the Appellate Court

387. Judgments of subordinate Appellate Court

388. Order of High Court on appeal to be certified to lower Court

389. Suspension of sentence pending the appeal : release of appellant on bail

390. Arrest of accused in appeal from acquittal

391. Appellate Court may take further evidence or direct it to be taken

392. Procedure where Judges of Court of Appeal are equally divided

393. Finality of judgments and orders on appeal

394. Abatement of appeals

CHAPTER XXX

REFERENCE AND REVISION

395. Reference to High Court

396. Disposal of case according to decision of High Court

397. Calling for records to exercise powers of revision

398. Power to order inquiry

399. Sessions Judge's powers of revision

400. Power of Additional Sessions Judge

401. High Court's powers of revision

402. Power of High Court to withdraw or transfer revision cases

403. Option of Court to hear parties

404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by

High Court

405. High Court's order to be certified to lower Court

CHAPTER XXXI

TRANSFER OF CRIMINAL CASES

406. Power of Supreme Court to transfer cases and appeals

407. Power of High Court to transfer cases and appeals

408. Power of Sessions Judge to transfer cases and appeals

409. Withdrawal of cases and appeals by Sessions Judge

410. Withdrawal of cases by Judicial Magistrates

411. Making over or withdrawal of cases by Executive Magistrates

412. Reasons to be recorded



CHAPTER XXXII

EXECUTION, SUSPENSION, REMISSION AND

COMMUTATION OF SENTENCES

A. Death Sentences

413. Execution of order passed under Section 368

414. Execution of sentence of death passed by High Court

415. Postponement of execution of sentence of death in case of appeal to Supreme Court

416. Postponement of capital sentence on pregnant woman

B. Imprisonment

417. Power to appoint place of imprisonment

418. Execution of sentence of imprisonment

419. Direction of warrant for execution

420. Warrant with whom to be lodged

C. Levy of fine

421. Warrant for levy of fine

422. Effect of such warrant

423. Warrant for levy of fine issued by a Court in any territory to which this Code does

not extend

424. Suspension of execution of sentence of imprisonment

D. General provisions regarding execution

425. Who may issue warrant

426. Sentence on escaped convict when to take effect

427. Sentence on offender already sentenced for another offence

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

of imprisonment

429. Saving

430. Return of warrant on execution of sentence

431. Money ordered to be paid recoverable as a fine

E. Suspension, remission and commutation of sentences

432. Power to suspend or remit sentences

433. Power to commute sentence

433A. Restriction on powers of remission or commutation in certain cases

434. Concurrent power of Central Government in case of death sentences

435. State Government to act after consultation with Central Government in certain cases



CHAPTER XXXIII

PROVISIONS AS TO BAIL AND BONDS

436. In what cases bail to be taken

436A. Maximum period for which an undertrial prisoner can be detained

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

437A. Bail to require accused to appear before next appellate Court

438. Direction for grant of bail to person apprehending arrest

439. Special powers of High Court or Court of Session regarding bail

440. Amount of bond and reduction thereof

441. Bond of accused and sureties

441A. Declaration by sureties

442. Discharge from custody

443. Power to order sufficient bail when that first taken is insufficient

444. Discharge of sureties

445. Deposit instead of recognizance

446. Procedure when bond has been forfeited

446A. Cancellation of bond and bail-bond

447. Procedure in case of insolvency or death of surety or when a bond is forfeited

448. Bond required from minor

449. Appeal from orders under Section 446

450. Power to direct levy of amount due on certain recognizances

CHAPTER XXXIV

DISPOSAL OF PROPERTY

451. Order for custody and disposal of property pending trial in certain cases

452. Order for disposal of property at conclusion of trial

453. Payment to innocent purchaser of money found on accused

454. Appeal against orders under Section 452 or Section 453

455. Destruction of libellous and other matter

456. Power to restore possession of immovable property

457. Procedure by police upon seizure of property

458. Procedure where no claimant appears within six months

459. Power to sell perishable property

CHAPTER XXXV

IRREGULAR PROCEEDINGS

460. Irregularities which do not vitiate proceedings

461. Irregularities which vitiate proceedings

462. Proceedings in wrong place

463. Non-compliance with provisions of Section 164 or Section 281

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

465. Finding or sentence when reversible by reason of error, omission or irregularity

466. Defect or error not to make attachment unlawful

CHAPTER XXXVI

LIMITATION FOR TAKING COGNIZANCE OF

CERTAIN OFFENCES

467. Definitions

468. Bar to taking cognizance after lapse of the period of limitation

469. Commencement of the period of limitation

470. Exclusion of time in certain cases

471. Exclusion of date on which Court is closed

472. Continuing offence

473. Extension of period of limitation in certain cases



CHAPTER XXXVII

MISCELLANEOUS

474. Trials before High Courts

475. Delivery to commanding officers of persons liable to be tried by Court-martial

476. Forms

477. Power of High Court to make rules

478. Power to alter functions allocated to Executive Magistrates in certain cases

479. Cases in which Judge or Magistrate is personally interested

480. Practising pleader not to sit as Magistrate in certain Courts

481. Public servant concerned in sale not to purchase or bid for property

482. Saving of inherent powers of High Court

483. Duty of High Court to exercise continuous superintendence over Courts of

Judicial Magistrates

484. Repeal and savings

SCHEDULES



The Juvenile Justice (Care and Protection of Children) Act, 2015

The Probation of Offenders Act, 1958

ABOUT THE BOOK


• This literary masterpiece on Code of Criminal Procedure is a very popular textbook of a very renowned Professor and expert in the field of criminal law Prof. S.N. Misra, vastly used by students of law in Indian universities and colleges.

• Latest and Landmark Judgments of Supreme Court and High Courts have been incorporated at appropriate places in this book.

• All the amendments made in the Code, including the Criminal Law (Amendment) Act, 2018 have been duly incorporated with necessary comments thereon.

• Simplicity of Language and lucidity of presentation are the chief characteristics of this book.

• The book has been written comprehensively to meet the requirements of law students, researchers, members of Bench and Bar and people in general.

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