The Code of Criminal Procedure, 1973

The Code of Criminal Procedure (CrPC) is a comprehensive legislation that provides for the procedure for the administration of substantive criminal law in India.

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Summary

The Code of Criminal Procedure (CrPC) is a procedural law that governs the process of criminal trials in India. It was enacted in 1973 and came into force on April 1, 1974. The CrPC provides for the procedure for the investigation and trial of criminal cases in India, including the arrest of accused persons, bail, trial, and sentencing. It also provides for the rights of the accused, including the right to legal representation and the right to a fair trial. The CrPC is applicable to all criminal cases in India, except for cases tried by military courts or special courts established under other laws.

ARRANGEMENT OF SECTIONS

CHAPTER I : PRELIMINARY

CHAPTER I
PRELIMINARY

Section 1 : Short title, extent and commencement.

Section 2 : Definitions.

Section 3 : Construction of references.

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

Section 5 : Saving.

CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 6 : Classes of Criminal Courts.

Section 7 : Territorial divisions.

Section 8 : Metropolitan areas.

Section 9 : Court of Session.

Section 10 : Subordination of Assistant Sessions Judges.

Section 11 : Courts of Judicial Magistrates.

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

Section 13 : Special Judicial Magistrates.

Section 14 : Local jurisdiction of Judicial Magistrates.

Section 15 : Subordination of Judicial Magistrates.

Section 16 : Courts of Metropolitan Magistrates.

Section 17 : Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.

Section 18 : Special Metropolitan Magistrates.

Section 19 : Subordination of Metropolitan Magistrates.

Section 20 : Executive Magistrates.

Section 21 : Special Executive Magistrates.

Section 22 : Local Jurisdiction of Executive Magistrates.

Section 23 : Subordination of Executive Magistrates.

Section 24 : Public Prosecutors.

Section 25 : Assistant Public Prosecutors.

Section 25A : Directorate of Prosecution.

CHAPTER III
POWER OF COURTS

Section 26 : Courts by which offences are triable.

Section 27 : Jurisdiction in the case of juveniles.

Section 28 : Sentences which High Courts and Sessions Judges may pass.

Section 29 : Sentences which Magistrates may pass.

Section 30 : Sentence of imprisonment in default of fine.

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

Section 32 : Mode of conferring powers.

Section 33 : Powers of officers appointed.

Section 34 : Withdrawal of powers.

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

CHAPTER IV

A.
POWERS OF SUPERIOR OFFICERS OF POLICE

Section 36 : Powers of superior officers of police.

B.
AID TO THE MAGISTRATES AND THE POLICE

Section 37 : Public when to assist Magistrates and police.

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

Section 39 : Public to give information of certain offences.

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

CHAPTER V
ARREST OF PERSONS

Section 41 : When police may arrest without warrant.

Section 41A : Notice of appearance before police officer.

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

Section 41C : Control room at districts.

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

Section 42 : Arrest on refusal to give name and residence.

Section 43 : Arrest by private person and procedure on such arrest.

Section 44 : Arrest by Magistrate.

Section 45 : Protection of members of the Armed Forces from arrest.

Section 46 : Arrest how made.

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

Section 48 : Pursuit of offenders into other jurisdictions.

Section 49 : No unnecessary restraint.

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

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

Section 51 : Search of arrested person.

Section 52 : Power to seize offensive weapons.

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

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

Section 54 : Examination of arrested person by medical officer.

Section 54A : Identification of person arrested.

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

Section 55A : Health and safety of arrested person.

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

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

Section 58 : Police to report apprehensions.

Section 59 : Discharge of person apprehended.

Section 60 : Power, on escape, to pursue and retake.

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

CHAPTER VI
PROCESSES TO COMPEL APPEARANCE

A.
Summons

Section 61 : Form of summons.

Section 62 : Summons how served.

Section 63 : Service of summons on corporate bodies and societies.

Section 64 : Service when persons summoned can not be found.

Section 65 : Procedure when service can not be effected as before provided.

Section 66 : Service on Government servant.

Section 67 : Service of summons outside local limits.

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

Section 69 : Service of summons on witness by post.

B.
Warrant of arrest

Section 70 : Form of warrant of arrest and duration.

Section 71 : Power to direct security to be taken.

Section 72 : Warrants to whom directed.

Section 73 : Warrant may be directed to any person.

Section 74 : Warrant directed to police officer.

Section 75 : Notification of substance of warrant.

Section 76 : Person arrested to be brought before Court without delay.

Section 77 : Where warrant may be executed.

Section 78 : Warrant forwarded for execution outside jurisdiction.

Section 79 : Warrant directed to police officer for execution outside jurisdiction.

Section 80 : Procedure on arrest of person against whom warrant issued.

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

C .
Proclamation and attachment

Section 82 : Proclamation for person absconding.

Section 83 : Attachment of property of person absconding.

Section 84 : Claims and objections to attachment.

Section 85 : Release, sale and restoration of attached property.

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

D.
Other rules regarding processes

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

Section 88 : Power to take bond for appearance.

Section 89 : Arrest on breach of bond for appearance.

Section 90 : Provisions of this Chapter generally applicable to summonses and warrants of arrest.

CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.
Summons to produce

Section 91 : Summons to produce document or other thing.

Section 92 : Procedure as to letters and telegrams.

B.
Search
warrants

Section 93 : When search-warrant may be issued.

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

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

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

Section 97 : Search for persons wrongfully confined.

Section 98 : Power to compel restoration of abducted females.

C.
General provisions relating to searches

Section 99 : Direction, etc., of search-warrants.

Section 100 : Persons in charge of closed place to allow search.

Section 101 : Disposal of things found in search beyond jurisdiction.

D.
Miscellaneous

Section 102 : Power of police officer to seize certain property.

Section 103 : Magistrate may direct search in his presence.

Section 104 : Power to impound document, etc., produced.

Section 105 : Reciprocal arrangements regarding processes.

CHAPTER VIIA
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Section 105A : Definitions.

Section 105B : Assistance in securing transfer of persons.

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

Section 105D : Identifying unlawfully acquired property.

Section 105E : Seizure or attachment of property.

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

Section 105G : Notice of forfeiture of property.

Section 105H : Forfeiture of property in certain cases.

Section 105-I : Fine in lieu of forfeiture.

Section 105J : Certain transfers to be null and void.

Section 105K : Procedure in respect of letter of request.

Section 105L : Application of this Chapter.

CHAPTER VIII
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Section 106 : Security for keeping the peace on conviction.

Section 107 : Security for keeping the peace in other cases.

Section 108 : Security for good behaviour from persons disseminating seditious matters.

Section 109 : Security for good behaviour from suspected persons.

Section 110 : Security for good behaviour from habitual offenders.

Section 111 : Order to be made.

Section 112 : Procedure in respect of person present in Court.

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

Section 114 : Copy of order to accompany summons or warrant.

Section 115 : Power to dispense with personal attendance.

Section 116 : Inquiry as to truth of information.

Section 117 : Order to give security.

Section 118 : Discharge of person informed against.

Section 119 : Commencement of period for which security is required.

Section 120 : Contents of bond.

Section 121 : Power to reject sureties.

Section 122 : Imprisonment in default of security.

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

Section 124 : Security for unexpired period of bond.

CHAPTER IX
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Section 125 : Order for maintenance of wives, children and parents.

Section 126 : Procedure.

Section 127 : Alteration in allowance.

Section 128 : Enforcement of order of maintenance.

CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.
Unlawful assemblies

Section 129 : Dispersal of assembly by use of civil force.

Section 130 : Use of armed forces to disperse assembly.

Section 131 : Power of certain armed force officers to disperse assembly.

Section 132 : Protection against prosecution for acts done under preceding sections.

B.
Public nuisances

Section 133 : Conditional order for removal of nuisance.

Section 134 : Service or notification of order.

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

Section 136 : Consequences of his failing to do so.

Section 137 : Procedure where existence of public right is denied.

Section 138 : Procedure where he appears to show cause.

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

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

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

Section 142 : Injunction pending inquiry.

Section 143 : Magistrate may prohibit repetition or continuance of public nuisance.

CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

C. - Urgent cases of nuisance or apprehended danger

CHAPTER X
MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

C.
Urgent cases of nuisance or apprehended danger

Section 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

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

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

Section 147 : Dispute concerning right of use of land or water.

Section 148 : Local inquiry.

CHAPTER XI
PREVENTIVE ACTION OF THE POLICE

Section 149 : Police to prevent cognizable offences.

Section 150 : Information of design to commit cognizable offences.

Section 151 : Arrest to prevent the commission of cognizable offences.

Section 152 : Prevention of injury to public property.

Section 153 : Inspection of weights and measures.

CHAPTER XII
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 154 : Information in cognizable cases.

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

Section 156 : Police officer's power to investigate cognizable case.

Section 157 : Procedure for investigation.

Section 158 : Report how submitted.

Section 159 : Power to hold investigation or preliminary inquiry.

Section 160 : Police officer's power to require attendance of witnesses.

Section 161 : Examination of witnesses by police.

Section 162 : Statements to police not to be signed

Section 163 : No inducement to be offered.

Section 164 : Recording of confessions and statements.

Section 164A : Medical examination of the victim of rape.

Section 165 : Search by police officer.

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

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

Section 166B : Letter of request from a country or place outside India to a Court or an authority for investigation in India.

Section 167 : Procedure when investigation can not be completed in twenty-four hours.

Section 168 : Report of investigation by subordinate police officer.

Section 169 : Release of accused when evidence deficient.

Section 170 : Cases to be sent to Magistrate, when evidence is sufficient.

Section 171 : Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint.

Section 172 : Diary of proceedings in investigation.

Section 173 : Report of police officer on completion of investigation.

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

Section 175 : Power to summon persons.

Section 176 : Inquiry by Magistrate into cause of death.

CHAPTER XIII
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Section 177 : Ordinary place of inquiry and trial.

Section 178 : Place of inquiry or trial.

Section 179 : Offence triable where act is done or consequence ensues.

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

Section 181 : Place of trial in case of certain offences.

Section 182 : Offences committed by letters, etc.

Section 183 : Offence committed on journey or voyage.

Section 184 : Place of trial for offences triable together.

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

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

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

Section 188 : Offence committed outside India.

Section 189 : Receipt of evidence relating to offences committed outside India.

CHAPTER XIV
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 190 : Cognizance of offences by Magistrates.

Section 191 : Transfer on application of the accused.

Section 192 : Making over of cases to Magistrates.

Section 193 : Cognizance of offences by Courts of Session.

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

Section 195 : Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

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

Section 196 : Prosecution for offences against the State and for criminal conspiracy to commit such offence.

Section 197 : Prosecution of Judges and public servants.

Section 198 : Prosecution for offences against marriage.

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

Section 198B : Cognizance of offence.

Section 199 : Prosecution for defamation.

CHAPTER XV
COMPLAINTS TO MAGISTRATES

Section 200 : Examination of complainant.

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

Section 202 : Postponement of issue of process.

Section 203 : Dismissal of complaint.

CHAPTER XVI
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 204 : Issue of process.

Section 205 : Magistrate may dispense with personal attendance of accused.

Section 206 : Special summons in cases of petty offence.

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

Section 208 : Supply of copies of statements and documents to accused in other cases triable by Court of Session.

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

Section 210 : Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.

CHAPTER XVII
THE CHARGE

A.
Form of charges

Section 211 : Contents of charge.

Section 212 : Particulars as to time, place and person.

Section 213 : When manner of committing offence must be stated.

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

Section 215 : Effect of errors.

Section 216 : Court may alter charge.

Section 217 : Recall of witnesses when charge altered.

B.
Joinder of charges

Section 218 : Separate charges for distinct offences.

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

Section 220 : Trial for more than one offence.

Section 221 : Where it is doubtful what offence has been committed.

Section 222 : When offence proved included in offence charged.

Section 223 : What persons may be charged jointly.

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

CHAPTER XVIII
TRIAL BEFORE A COURT OF SESSION

Section 225 : Trial to be conducted by Public Prosecutor.

Section 226 : Opening case for prosecution.

Section 227 : Discharge.

Section 228 : Framing of charge.

Section 229 : Conviction on plea of guilty.

Section 230 : Date for prosecution evidence.

Section 231 : Evidence for prosecution.

Section 232 : Acquittal.

Section 233 : Entering upon defence.

Section 234 : Arguments.

Section 235 : Judgment of acquittal or conviction.

Section 236 : Previous conviction.

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

CHAPTER XIX
TRIAL OF WARRANT
CASES BY MAGISTRATES

A.
Cases instituted on a police report

Section 238 : Compliance with section 207.

Section 239 : When accused shall be discharged.

Section 240 : Framing of charge.

Section 241 : Conviction on plea of guilty.

Section 242 : Evidence for prosecution.

Section 243 : Evidence for defence.

B.
Cases instituted otherwise than on police report

Section 244 : Evidence for prosecution.

Section 245 : When accused shall be discharged.

Section 246 : Procedure where accused is not discharged.

Section 247 : Evidence for defence.

C.
Conclusion of trial

Section 248 : Acquittal or conviction.

Section 249 : Absence of complainant.

Section 250 : Compensation for accusation without reasonable cause.

CHAPTER XX
TRIAL OF SUMMONS
CASES BY MAGISTRATES

Section 251 : Substance of accusation to be stated.

Section 252 : Conviction on plea of guilty.

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

Section 254 : Procedure when not convicted.

Section 255 : Acquittal or conviction.

Section 256 : Non-appearance or death of complainant.

Section 257 : Withdrawal of complaint.

Section 258 : Power to stop proceedings in certain cases.

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

CHAPTER XXI
SUMMARY TRIALS

Section 260 : Power to try summarily.

Section 261 : Summary trial by Magistrate of the second class.

Section 262 : Procedure for summary trials.

Section 263 : Record in summary trials.

Section 264 : Judgment in cases tried summarily.

Section 265 : Language of record and judgment.

CHAPTER XXIA
PLEA BARGAINING

Section 265A : Application of the Chapter.

Section 265B : Application for plea bargaining.

Section 265C : Guidelines for mutually satisfactory disposition.

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

Section 265E : Disposal of the case.

Section 265F : Judgment of the Court.

Section 265G : Finality of the judgment.

Section 265H : Power of the Court in plea bargaining.

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

Section 265J : Savings.

Section 265K : Statements of accused not to be used.

Section 265L : Non-application of the Chapter.

CHAPTER XXII
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Section 266 : Definitions.

Section 267 : Power to require attendance of prisoners.

Section 268 : Power of State Government to exclude certain persons from operation of section 267.

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

Section 270 : Prisoner to be brought to Court in custody.

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

CHAPTER XXIII
EVIDENCE IN INQUIRIES AND TRIALS

A.
Mode of taking and recording evidence

Section 272 : Language of Courts.

Section 273 : Evidence to be taken in presence of accused.

Section 274 : Record in summons-cases and inquiries.

Section 275 : Record in warrant-cases.

Section 276 : Record in trial before Court of Session.

Section 277 : Language of record of evidence.

Section 278 : Procedure in regard to such evidence when completed.

Section 279 : Interpretation of evidence to accused or his pleader.

Section 280 : Remarks respecting demeanour of witness.

Section 281 : Record of examination of accused.

Section 282 : Interpreter to be bound to interpret truthfully.

Section 283 : Record in High Court.

B.
Commissions for the examination of witnesses

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

Section 285 : Commission to whom to be issued.

Section 286 : Execution of commissions.

Section 287 : Parties may examine witnesses.

Section 288 : Return of commission.

Section 289 : Adjournment of proceeding.

Section 290 : Execution of foreign commissions.

Section 291 : Deposition of medical witness.

Section 291A : Identification report of Magistrate.

Section 292 : Evidence of officers of the Mint.

Section 293 : Reports of certain Government scientific experts.

Section 294 : No formal proof of certain documents.

Section 295 : Affidavit in proof of conduct of public servants.

Section 296 : Evidence of formal character on affidavit.

Section 297 : Authorities before whom affidavits may be sworn.

Section 298 : Previous conviction or acquittal how proved.

Section 299 : Record of evidence in absence of accused.

CHAPTER XXIV
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

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

Section 301 : Appearance by Public Prosecutors.

Section 302 : Permission to conduct prosecution.

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

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

Section 305 : Procedure when corporation or registered society is an accused.

Section 306 : Tender of pardon to accomplice.

Section 307 : Power to direct tender of pardon.

Section 308 : Trial of person not complying with conditions of pardon.

Section 309 : Power to postpone or adjourn proceedings.

Section 310 : Local inspection.

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

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

Section 312 : Expenses of complainants and witnesses.

Section 313 : Power to examine the accused.

Section 314 : Oral arguments and memorandum of arguments.

Section 315 : Accused person to be competent witness.

Section 316 : No influence to be used to induce disclosure.

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

Section 318 : Procedure where accused does not understand proceedings.

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

Section 320 : Compounding of offences.

Section 321 : Withdrawal from prosecution.

Section 322 : Procedure in cases which Magistrate can not dispose of.

Section 323 : Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.

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

Section 325 : Procedure when Magistrate can not pass sentence sufficiently severe.

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

Section 327 : Court to be open.

CHAPTER XXV
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

Section 328 : Procedure in case of accused being lunatic.

Section 329 : Procedure in case of person of unsound mind tried before Court.

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

Section 331 : Resumption of inquiry or trial.

Section 332 : Procedure on accused appearing before Magistrate or Court.

Section 333 : When accused appears to have been of sound mind.

Section 334 : Judgment of acquittal on ground of unsoundness of mind.

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

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

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

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

Section 339 : Delivery of lunatic to care of relative or friend.

CHAPTER XXVI
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 340 : Procedure in cases mentioned in section 195.

Section 341 : Appeal.

Section 342 : Power to order costs.

Section 343 : Procedure of Magistrate taking cognizance.

Section 344 : Summary procedure for trial for giving false evidence.

Section 345 : Procedure in certain cases of contempt.

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

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

Section 348 : Discharge of offender on submission of apology.

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

Section 350 : Summary procedure for punishment for non-attendance by a witness in obedience to summons.

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

Section 352 : Certain Judges and Magistrates not to try certain offences when committed before themselves.

CHAPTER XXVII
THE JUDGMENT

Section 353 : Judgment.

Section 354 : Language and contents of judgment.

Section 355 : Metropolitan Magistrate's judgment.

Section 356 : Order for notifying address of previously convicted offender.

Section 357 : Order to pay compensation.

Section 357A : Victim compensation scheme.

Section 357B : Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.

Section 357C : Treatment of victims.

Section 358 : Compensation to persons groundlessly arrested.

Section 359 : Order to pay costs in non-cognizable cases.

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

Section 361 : Special reasons to be recorded in certain cases.

Section 362 : Court not to alter judgment.

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

Section 364 : Judgment when to be translated.

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

CHAPTER XXVIII
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

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

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

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

Section 369 : Confirmation or new sentence to be signed by two Judges.

Section 370 : Procedure in case of difference of opinion.

Section 371 : Procedure in cases submitted to High Court for confirmation.

CHAPTER XXIX
APPEALS

Section 372 : No appeal to lie unless otherwise provided.

Section 373 : Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.

Section 374 : Appeals from convictions.

Section 375 : No appeal in certain cases when accused pleads guilty.

Section 376 : No appeal in petty cases.

Section 377 : Appeal by the State Government against sentence.

Section 378 : Appeal in case of acquittal.

Section 379 : Appeal against conviction by High Court in certain cases.

Section 380 : Special right of appeal in certain cases.

Section 381 : Appeal to Court of Session how heard.

Section 382 : Petition of appeal.

Section 383 : Procedure when appellant in jail.

Section 384 : Summary dismissal of appeal.

Section 385 : Procedure for hearing appeals not dismissed summarily.

Section 386 : Powers of the Appellate Court.

Section 387 : Judgments of Subordinate Appellate Court.

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

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

Section 390 : Arrest of accused in appeal from acquittal.

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

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

Section 393 : Finality of judgments and orders on appeal.

Section 394 : Abatement of appeals.

CHAPTER XXX
REFERENCE AND REVISION

Section 395 : Reference to High Court.

Section 396 : Disposal of case according to decision of High Court.

Section 397 : Calling for records to exercise powers of revision.

Section 398 : Power to order inquiry.

Section 399 : Sessions Judge's powers of revision.

Section 400 : Power of Additional Sessions Judge.

Section 401 : High Court's powers of revision.

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

Section 403 : Option of Court to hear parties.

Section 404 : Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court.

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

CHAPTER XXXI
TRANSFER OF CRIMINAL CASES

Section 406 : Power of Supreme Court to transfer cases and appeals.

Section 407 : Power of High Court to transfer cases and appeals.

Section 408 : Power of Sessions Judge to transfer cases and appeals.

Section 409 : Withdrawal of cases and appeals by Sessions Judges.

Section 410 : Withdrawal of cases by Judicial Magistrate.

Section 411 : Making over or withdrawal of cases by Executive Magistrates.

Section 412 : Reasons to be recorded.

CHAPTER XXXII
EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.
Death Sentences

Section 413 : Execution of order passed under section 368.

Section 414 : Execution of sentence of death passed by High Court.

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

Section 416 : Postponement of capital sentence on pregnant woman.

B.
Imprisonment

Section 417 : Power to appoint place of imprisonment.

Section 418 : Execution of sentence of imprisonment.

Section 419 : Direction of warrant for execution.

Section 420 : Warrant with whom to be lodged.

C.
Levy of fine

Section 421 : Warrant for levy of fine.

Section 422 : Effect of such warrant.

Section 423 : Warrant for levy of fine issued by a Court in any territory to which this Code does not extend.

Section 424 : Suspension of execution of sentence of imprisonment.

D.
General provisions regarding execution

Section 425 : Who may issue warrant.

Section 426 : Sentence on escaped convict when to take effect.

Section 427 : Sentence on offender already sentenced for another offence.

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

Section 429 : Saving.

Section 430 : Return of warrant on execution of sentence.

Section 431 : Money ordered to be paid recoverable as a fine.

E.
Suspension, remission and commutation of sentences

Section 432 : Power to suspend or remit sentences.

Section 433 : Power to commute sentence.

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

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

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

CHAPTER XXXIII
PROVISIONS AS TO BAIL AND BONDS

Section 436 : In what cases bail to be taken.

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

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

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

Section 438 : Direction for grant of bail to person apprehending arrest.

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

Section 440 : Amount of bond and reduction thereof.

Section 441 : Bond of accused and sureties.

Section 441A : Declaration by sureties.

Section 442 : Discharge from custody.

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

Section 444 : Discharge of sureties.

Section 445 : Deposit instead of recognizance.

Section 446 : Procedure when bond has been forfeited.

Section 446A : Cancellation of bond and bail bond.

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

Section 448 : Bond required from minor.

Section 449 : Appeal from orders under section 446.

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

CHAPTER XXXIV
DISPOSAL OF PROPERTY

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

Section 452 : Order for disposal of property at conclusion of trial.

Section 453 : Payment to innocent purchaser of money found on accused.

Section 454 : Appeal against orders under section 452 or section 453.

Section 455 : Destruction of libellous and other matter.

Section 456 : Power to restore possession of immovable property.

Section 457 : Procedure by police upon seizure of property.

Section 458 : Procedure where no claimant appears within six months.

Section 459 : Power to sell perishable property.

CHAPTER XXXV
IRREGULAR PROCEEDINGS

Section 460 : Irregularities which do not vitiate proceedings.

Section 461 : Irregularities which vitiate proceedings.

Section 462 : Proceedings in wrong place.

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

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

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

Section 466 : Defect or error not to make attachment unlawful.

CHAPTER XXXVI
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 467 : Definitions.

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

Section 469 : Commencement of the period of limitation.

Section 470 : Exclusion of time in certain cases.

Section 471 : Exclusion of date on which Court is closed.

Section 472 : Continuing offence.

Section 473 : Extension of period of limitation in certain cases.

CHAPTER XXXVII
MISCELLANEOUS

Section 474 : Trials before High Courts.

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

Section 476 : Forms.

Section 477 : Power of High Court to make rules.

Section 478 : Power to alter functions allocated to Executive Magistrate in certain cases.

Section 479 : Case in which Judge or Magistrate is personally interested.

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

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

Section 482 : Saving of inherent power of High Court.

Section 483 : Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.

Section 484 : Repeal and savings.

THE FIRST SCHEDULE.

CLASSIFICATION OF OFFENCES.

THE FIRST SCHEDULE.

CLASSIFICATION OF OFFENCES.

I. – OFFENCES UNDER THE INDIAN PENAL CODE

II. - CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

STATE AMENDMENTS

Chhattisgarh

Gujarat

Madhya Pradesh

Maharashtra

Haryana

Himachal Pradesh

Jammu and Kashmir and Ladakh (UTs).

Orissa

SCHEDULES

THE SECOND SCHEDULE : FORMS

THE SECOND SCHEDULE
FORMS

FORM NO. 1. - Summons to an accused person.

FORM NO. 2. - Warrant of arrest.

FORM NO. 3. - Bond and bail-bond after arrest under a warrant.

FORM NO. 4. - Proclamation requiring the appearance of a person accused.

FORM NO. 5. - Proclamation requiring the attendance of a witness.

FORM NO. 6. - Order of attachment to compel the attendance of a witness.

FORM NO. 7. - Order of attachment to compel the appearance of a person accused.

FORM NO. 8. - Order authorising an attachment by the District Magistrate or Collector.

FORM NO. 9. - Warrant in the first instance to bring up a witness.

FORM NO. 10. - Warrant to search after information of a particular offence.

FORM NO. 11. - Warrant to search suspected place of deposit.

FORM NO. 12. - Bond to keep the peace.

FORM NO. 13. - Bond for good behaviour.

FORM NO. 14. - Summons on information of a probable breach of the peace.

FORM NO. 15. - Warrant of commitment on failure to find security to keep the peace.

FORM NO. 16. - Warrant of commitment on failure to find security for good behaviour.

FORM NO. 17. - Warrant to discharge a person imprisoned on failure to give security.

FORM NO. 18. - Warrant of imprisonment on failure to pay maintenance.

FORM NO. 19. - Warrant to enforce the payment of maintenance by attachment and sale.

FORM NO. 20. - Order for the removal of nuisances.

FORM NO. 21. - Magistrate's notice and peremptory order.

FORM NO. 22. - Injunction to provide against imminent danger pending inquiry.

FORM NO. 23. - Magistrate's order prohibiting the repetition, etc., of a nuisance.

FORM NO. 24. - Magistrate's order to prevent obstruction, riot, etc.

FORM NO. 25. - Magistrate's order declaring party entitled to retain possession of land, etc., in dispute.

FORM NO. 26. - Warrant of attachment in the case of a dispute as to the possession of land, etc.

FORM NO. 27. - Magistrate's order prohibiting the doing of anything on land or water.

FORM NO. 28. - Bond and bail-bond on a preliminary inquiry before a Police Officer.

FORM NO. 29. - Bond to prosecute or give evidence.

FORM NO. 30. - Special summons to a person accused of a petty offence.

FORM NO. 31. - Notice of commitment by Magistrate to Public Prosecutor.

FORM NO. 32. - Charges.

THE SECOND SCHEDULE
FORMS

FORM NO. 32.
Charges.

I. Charges with one-head.

II. Charges with two or more heads.

III. Charges for theft after previous conviction.

THE SECOND SCHEDULE
FORMS

FORM NO. 33. - Summons to witness.

FORM NO. 34. - Warrant of commitment on a sentence of imprisonment or fine if passed by a Court.

FORM NO. 35. - Warrant of imprisonment on failure to pay compensation.

FORM NO. 36. - Order requiring production in Court of person in prison for answering to charge of offence.

FORM NO. 37. - Order requiring production in Court of person in prison for giving evidence.

FORM NO. 38. - Warrant of commitment in certain cases of contempt when a fine is imposed.

FORM NO. 39. - Magistrate's or Judge's warrant of commitment of witness refusing to answer or to produce document.

FORM NO. 40. - Warrant of commitment under sentence of death.

FORM NO. 41. - Warrant after a commutation of a sentence.

FORM NO. 42. - Warrant of execution of a sentence of death.

FORM NO. 43. - Warrant to levy a fine by attachment and Sale.

FORM NO. 44. - Warrant for recovery of fine.

FORM NO. 44A. - Bond for appearance of offender released pending realisation of fine.

FORM NO. 45. - Bond and bail-bond for attendance before officer in charge of police station or Court.

FORM NO. 46. - Warrant to discharge a person imprisoned on failure to give security.

FORM NO. 47. - Warrant of attachment to enforce a bond.

FORM NO. 48. - Notice to surety on breach of a bond.

FORM NO. 49. - Notice to surety of forfeiture of bond for good behaviour.

FORM NO. 50. - Warrant of attachment against a surety.

FORM NO. 51. - Warrant of commitment of the surety of an accused person admitted to bail.

FORM NO. 52. - Notice to the principal of forfeiture of bond to keep the peace.

FORM NO. 53. - Warrant to attach the property of the principal on breach of a bond to keep the peace.

FORM NO. 54. - Warrant of imprisonment on breach of a bond to keep the peace.

FORM NO. 55. - Warrant of attachment and sale on forfeiture of bond for good behaviour.

FORM NO. 56. - Warrant of imprisonment on forfeiture of bond for good behaviour.

THE SECOND SCHEDULE
FORMS

STATE AMENDMENT

Andhra Pradesh

APPENDIX I

Extracts from the Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005).

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