Flow Chart | xxix-xxx |
Comparative table of IPC, 1860 with Bharatiya Nyaya Sanhita, 2023 | xxxi – lxvi |
Table of Offences and Punishments | lxvii – cx |
1.Short title, commencement and application | 1.1 |
2.Definitions | 1.2 |
3.General explanations | 1.7 |
4.Punishments | 1.9 |
5.Commutation of sentence | 1.10 |
6.Fractions of terms of punishment | 1.10 |
7.Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple | 1.10 |
8.Amount of fine, liability in default of payment of fine, etc. | 1.11 |
9.Limit of punishment of offence made up of several offences | 1.12 |
10.Punishment of person guilty of one of several offences,judgment stating that it is doubtful of which | 1.13 |
11.Solitary confinement | 1.13 |
12.Limit of solitary confinement | 1.14 |
13.Enhanced punishment for certain offences after previous conviction | 1.14 |
14.Act done by a person bound, or by mistake of fact believing himself bound, by law | 1.14 |
15.Act of Judge when acting judicially | 1.15 |
16.Act done pursuant to judgment or order of Court | 1.15 |
17.Act done by a person justified, or by mistake of fact believing himself justified, by law | 1.15 |
18.Accident in doing a lawful act | 1.16 |
19.Act likely to cause harm, but done without criminal intent, and to prevent other harm | 1.16 |
20.Act of a child under seven years of age | 1.17 |
21.Act of a child above seven and under twelve years of age of immature understanding | 1.17 |
22.Act of a person of unsound mind | 1.17 |
23.Act of a person incapable of judgment by reason of intoxication caused against his will | 1.17 |
24.Offence requiring a particular intent or knowledge committed by one who is intoxicated | 1.17 |
25.Act not intended and not known to be likely to cause death or grievous hurt, done by consent | 1.18 |
26.Act not intended to cause death, done by consent in good faith for person’s benefit | 1.18 |
27.Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian | 1.18 |
28.Consent known to be given under fear or misconception | 1.19 |
29.Exclusion of acts which are offences independently of harm caused | 1.20 |
30.Act done in good faith for benefit of a person without consent | 1.20 |
31.Communication made in good faith | 1.21 |
32.Act to which a person is compelled by threats | 1.21 |
33.Act causing slight harm | 1.22 |
34.Things done in private defence | 1.22 |
35.Right of private defence of body and of property | 1.22 |
36.Right of private defence against act of a person of unsound mind, etc. | 1.22 |
37.Acts against which there is no right of private defence | 1.23 |
38.When right of private defence of body extends to causing death | 1.24 |
39.When such right extends to causing any harm other than death | 1.24 |
40.Commencement and continuance of right of private defence of body 1.24 | |
41.When right of private defence of property extends to causing death | 1.25 |
42.When such right extends to causing any harm other than death | 1.25 |
43.Commencement and continuance of right of private defence of property | 1.26 |
44.Right of private defence against deadly assault when there is risk of harm to innocent person | 1.26 |
45.Abetment of a thing | 1.27 |
46.Abettor | 1.27 |
47.Abetment in India of offences outside India | 1.29 |
48.Abetment outside India for offence in India | 1.29 |
49.Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment | 1.30 |
50.Punishment of abetment if person abetted does act with different intention from that of abettor | 1.30 |
51.Liability of abettor when one act abetted and different act done | 1.31 |
52.Abettor when liable to cumulative punishment for act abetted and for act done | 1.32 |
53.Liability of abettor for an effect caused by act abetted different from that intended by abettor | 1.32 |
54.Abettor present when offence is committed | 1.33 |
55.Abetment of offence punishable with death or imprisonment for life | 1.33 |
56.Abetment of offence punishable with imprisonment | 1.34 |
57.Abetting commission of offence by public or by more than ten persons | 1.35 |
58.Concealing design to commit offence punishable with death or imprisonment for life | 1.35 |
59.Public servant concealing design to commit offence which it is his duty to prevent | 1.36 |
60.Concealing design to commit offence punishable with imprisonment | 1.37 |
61.Criminal conspiracy | 1.38 |
62.Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment | 1.39 |
63.Rape | 1.40 |
64.Punishment for rape | 1.41 |
65.Punishment for rape in certain cases | 1.43 |
66.Punishment for causing death or resulting in persistent vegetative state of victim | 1.44 |
67.Sexual intercourse by husband upon his wife during separation | 1.44 |
68.Sexual intercourse by a person in authority | 1.45 |
69.Sexual intercourse by employing deceitful means, etc. | 1.46 |
70.Gang rape | 1.46 |
71.Punishment for repeat offenders | 1.47 |
72.Disclosure of identity of victim of certain offences, etc. | 1.47 |
73.Printing or publishing any matter relating to Court proceedings without permission | 1.48 |
74.Assault or use of criminal force to woman with intent to outrage her modesty | 1.49 |
75.Sexual harassment | 1.49 |
76.Assault or use of criminal force to woman with intent to disrobe | 1.50 |
77.Voyeurism | 1.50 |
78.Stalking | 1.51 |
79.Word, gesture or act intended to insult modesty of a woman | 1.52 |
80.Dowry death | 1.52 |
81.Cohabitation caused by man deceitfully inducing belief of lawful marriage | 1.53 |
82.Marrying again during lifetime of husband or wife | 1.53 |
83.Marriage ceremony fraudulently gone through without lawful marriage | 1.54 |
84.Enticing or taking away or detaining with criminal intent a married woman | 1.54 |
85.Husband or relative of husband of a woman subjecting her to cruelty | 1.54 |
86.Cruelty defined | 1.55 |
87.Kidnapping, abducting or inducing woman to compel her marriage, etc. | 1.55 |
88.Causing miscarriage | 1.56 |
89.Causing miscarriage without woman’s consent | 1.56 |
90.Death caused by act done with intent to cause miscarriage | 1.56 |
91.Act done with intent to prevent child being born alive or to cause to die after birth | 1.57 |
92.Causing death of quick unborn child by act amounting to culpable homicide | 1.57 |
93.Exposure and abandonment of child under twelve years of age,by parent or person having care of it | 1.58 |
94.Concealment of birth by secret disposal of dead body | 1.58 |
95.Hiring, employing or engaging a child to commit an offence | 1.59 |
96.Procuration of child | 1.59 |
97.Kidnapping or abducting child under ten years of age with intent to steal from its person | 1.60 |
98.Selling child for purposes of prostitution, etc. | 1.60 |
99.Buying child for purposes of prostitution, etc. | 1.61 |
100.Culpable homicide | 1.62 |
101.Murder | 1.63 |
102.Culpable homicide by causing death of person other than person whose death was intended | 1.65 |
103.Punishment for murder | 1.66 |
104.Punishment for murder by life-convict | 1.66 |
105.Punishment for culpable homicide not amounting to murder | 1.66 |
106.Causing death by negligence | 1.67 |
108.Abetment of suicide | 1.68 |
109.Attempt to murder | 1.68 |
110.Attempt to commit culpable homicide | 1.69 |
111.Organised crime | 1.70 |
112.Petty organised crime | 1.72 |
113.Terrorist act | 1. |
114.Hurt | 1.75 |
115.Voluntarily causing hurt | 1.75 |
116.Grievous hurt | 1.76 |
117.Voluntarily causing grievous hurt | 1.76 |
118.Voluntarily causing hurt or grievous hurt by dangerous weapons or means | 1.77 |
119.Voluntarily causing hurt or grievous hurt to extort property,or to constrain to an illegal act | 1.78 |
120.Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property | 1.78 |
121.Voluntarily causing hurt or grievous hurt to deter public servant from his duty | 1.79 |
122.Voluntarily causing hurt or grievous hurt on provocation | 1.80 |
123.Causing hurt by means of poison, etc., with intent to commit an offence | 1.80 |
124.Voluntarily causing grievous hurt by use of acid, etc. | 1.81 |
125.Act endangering life or personal safety of others | 1.82 |
126.Wrongful restraint | 1.82 |
127.Wrongful confinement | 1.83 |
128.Force | 1.85 |
129.Criminal force | 1.85 |
130.Assault | 1.86 |
131.Punishment for assault or criminal force otherwise than on grave provocation | 1.87 |
132.Assault or criminal force to deter public servant from discharge of his duty | 1.88 |
133.Assault or criminal force with intent to dishonour person,otherwise than on grave provocation | 1.88 |
134.Assault or criminal force in attempt to commit theft of property carried by a person | 1.88 |
135.Assault or criminal force in attempt to wrongfully confine a person | 1.89 |
136.Assault or criminal force on grave provocation | 1.89 |
137.Kidnapping | 1.89 | |
138.Abduction | 1.90 | |
139.Kidnapping or maiming a child for purposes of begging | 1.90 | |
140.Kidnapping or abducting in order to murder or for ransom, etc. | 1.91 | |
141.Importation of girl or boy from foreign country | 1.92 | |
142.Wrongfully concealing or keeping in confinement,kidnapped or abducted person | 1.92 | |
143.Trafficking of person | 1.93 | |
144.Exploitation of a trafficked person | 1.94 | |
145.Habitual dealing in slaves | 1.95 | |
146.Unlawful compulsory labour | 1.95 |
147.Waging, or attempting to wage war, or abetting waging of war, against Government of India | 1.95 |
148.Conspiracy to commit offences punishable by section 147 | 1.96 |
149.Collecting arms, etc., with intention of waging war against Government of India | 1.96 |
150.Concealing with intent to facilitate design to wage war | 1.96 |
151.Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power | 1.97 |
152.Act endangering sovereignty, unity and integrity of India | 1.97 |
153.Waging war against Government of any foreign State at peace with Government of India | 1.98 |
154.Committing depredation on territories of foreign State at peace with Government of India | 1.98 |
155.Receiving property taken by war or depredation mentioned in sections 153 and 154 | 1.98 |
156.Public servant voluntarily allowing prisoner of State or war to escape | 1.99 |
157.Public servant negligently suffering such prisoner to escape | 1.99 |
158.Aiding escape of, rescuing or harbouring such prisoner | 1.99 |
159.Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty | 1.100 |
160.Abetment of mutiny, if mutiny is committed in consequence thereof | 1.100 |
161.Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office | 1.101 |
162.Abetment of such assault, if assault committed | 1.101 |
163.Abetment of desertion of soldier, sailor or airman | 1.101 |
164.Harbouring deserter | 1.102 |
165.Deserter concealed on board merchant vessel through negligence of master | 1.102 |
166.Abetment of act of insubordination by soldier, sailor or airman | 1.102 |
167.Persons subject to certain Acts | 1.102 |
168.Wearing garb or carrying token used by soldier, sailor or airman | 1.103 |
169.Candidate, electoral right defined | 1.103 |
170.Bribery | 1.103 |
171.Undue influence at elections | 1.104 |
172.Personation at elections | 1.104 |
173.Punishment for bribery | 1.105 |
174.Punishment for undue influence or personation at an election | 1.105 |
175.False statement in connection with an election | 1.105 |
176.Illegal payments in connection with an election | 1.105 |
177.Failure to keep election accounts | 1.106 |
178.Counterfeiting coin, Government stamps, currency-notes or bank-notes | 1.106 |
179.Using as genuine, forged or counterfeit coin, Government stamp,currency-notes or bank-notes | 1.107 |
180.Possession of forged or counterfeit coin, Government stamp,currency-notes or bank-notes | 1.107 |
181.Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes | 1.108 |
182.Making or using documents resembling currency-notes or bank-notes | 1.108 |
183.Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government | 1.109 |
184.Using Government stamp known to have been before used | 1.109 |
185.Erasure of mark denoting that stamp has been used | 1.110 |
186.Prohibition of fictitious stamps | 1.110 |
187.Person employed in mint causing coin to be of different weight or composition from that fixed by law | 1.111 |
188.Unlawfully taking coining instrument from mint | 1.111 |
189.Unlawful assembly | 1.111 |
190.Every member of unlawful assembly guilty of offence committed in prosecution of common object | 1.113 |
191.Rioting | 1.114 |
192.Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed | 1.114 |
193.Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place | 1.115 |
194.Affray | 1.116 |
195.Assaulting or obstructing public servant when suppressing riot, etc. | 1.116 |
196.Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony | 1.116 |
197.Imputations, assertions prejudicial to national integration | 1.118 |
198.Public servant disobeying law, with intent to cause injury to any person | 1.119 |
199.Public servant disobeying direction under law | 1.119 |
200.Punishment for non-treatment of victim | 1.120 |
201.Public servant framing an incorrect document with intent to cause injury | 1.120 |
202.Public servant unlawfully engaging in trade | 1.120 |
203.Public servant unlawfully buying or bidding for property | 1.121 |
204.Personating a public servant | 1.121 |
205.Wearing garb or carrying token used by public servant with fraudulent intent | 1.121 |
206.Absconding to avoid service of summons or other proceeding | 1.122 |
207.Preventing service of summons or other proceeding, or preventing publication thereof | 1.122 |
208.Non-attendance in obedience to an order from public servant | 1.123 |
209.Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023 | 1.124 |
210.Omission to produce document or electronic record to public servant by person legally bound to produce it | 1.124 |
211.Omission to give notice or information to public servant by person legally bound to give it | 1.125 |
212.Furnishing false information 1.126 | |
213.Refusing oath or affirmation when duly required by public servant to make it | 1.127 |
214.Refusing to answer public servant authorised to question | 1.127 |
215.Refusing to sign statement | 1.127 |
216.False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation | 1.128 |
217.False information, with intent to cause public servant to use his lawful power to injury of another person | 1.128 |
218.Resistance to taking of property by lawful authority of a public servant | 1.129 |
219.Obstructing sale of property offered for sale by authority of public servant | 1.129 |
220.Illegal purchase or bid for property offered for sale by authority of public servant | 1.130 |
221.Obstructing public servant in discharge of public functions | 1.130 |
222.Omission to assist public servant when bound by law to give assistance | 1.130 |
223.Disobedience to order duly promulgated by public servant | 1.131 |
224.Threat of injury to public servant | 1.132 |
225.Threat of injury to induce person to refrain from applying for protection to public servant | 1.132 |
226.Attempt to commit suicide to compel or restrain exercise of lawful power | 1.132 |
227. Giving false evidence | 1.133 |
228.Fabricating false evidence | 1.134 |
229.Punishment for false evidence | 1.134 |
230.Giving or fabricating false evidence with intent to procure conviction of capital offence | 1.135 |
231.Giving or abricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment | 1.135 |
232.Threatening any person to give false evidence | 1.136 |
233.Using evidence known to be false | 1.136 |
234.Issuing or signing false certificate | 1.137 |
235.Using as true a certificate known to be false | 1.137 |
236.False statement made in declaration which is by law receivable as evidence | 1.137 |
237.Using as true such declaration knowing it to be false 1.137 | |
238.Causing disappearance of evidence of offence, or giving false information to screen offender | 1.138 |
239.Intentional omission to give information of offence by person bound to inform | 1.139 |
240.Giving false information respecting an offence committed | 1.139 |
241.Destruction of document or electronic record to prevent its production as evidence | 1.139 |
242.False personation for purpose of act or proceeding in suit or prosecution | 1.140 |
243.Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution | 1.140 |
244.Fraudulent claim to property to prevent its seizure as forfeited or in execution | 1.141 |
245.Fraudulently suffering decree for sum not due | 1.141 |
246.Dishonestly making false claim in Court | 1.142 |
247.Fraudulently obtaining decree for sum not due | 1.142 |
248.False charge of offence made with intent to injure | 1.142 |
249.Harbouring offender | 1.143 |
250.Taking gift, etc., to screen an offender from punishment | 1.144 |
251.Offering gift or restoration of property in consideration of screening offender | 1.145 |
252.Taking gift to help to recover stolen property, etc. | 1.146 |
253.Harbouring offender who has escaped from custody or whose apprehension has been ordered | 1.146 |
254.Penalty for harbouring robbers or dacoits | 1.147 |
255.Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture | 1.148 |
256.Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeituretd> | 1.148 |
257.Public servant in judicial proceeding corruptly making report, etc.,contrary to law | 1.148 |
258.Commitment for trial or confinement by person having authority who knows that he is acting contrary to law | 1.149 |
259.Intentional omission to apprehend on part of public servant bound to apprehend | 1.149 |
260.Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed | 1.150 |
261.Escape from confinement or custody negligently suffered by public servant | 1.151 |
262.Resistance or obstruction by a person to his lawful apprehension | 1.151 |
263.Resistance or obstruction to lawful apprehension of another person | 1.152 |
264.Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for | 1.153 |
265.Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for | 1.153 |
266.Violation of condition of remission of punishment | 1.143 |
267.Intentional insult or interruption to public servant sitting in judicial proceeding | 1.154 |
268.Personation of assessor | 1.154 |
269.Failure by person released on bail bond or bond to appear in Court | 1.154 |
270.Public nuisance | 1.155 |
271.Negligent act likely to spread infection of disease dangerous to life | 1.155 |
272.Malignant act likely to spread infection of disease dangerous to life | 1.155 |
273.Disobedience to quarantine rule | 1.156 |
274.Adulteration of food or drink intended for sale | 1.156 |
275.Sale of noxious food or drink | 1.156 |
276.Adulteration of drugs | 1.57 |
277.Sale of adulterated drugs | 1.157 |
278.Sale of drug as a different drug or preparation | 1.158 |
279.Fouling water of public spring or reservoir | 1.158 |
280.Making atmosphere noxious to health | 1.158 |
281.Rash driving or riding on a public way | 1.159 |
282.Rash navigation of vessel | 1.159 |
283.Exhibition of false light, mark or buoy | 1.159 |
284.Conveying person by water for hire in unsafe or overloaded vessel | 1.159 |
285.Danger or obstruction in public way or line of navigation | 1.160 |
286.Negligent conduct with respect to poisonous substance | 1.160 |
287.Negligent conduct with respect to fire or combustible matter | 1.160 |
288.Negligent conduct with respect to explosive substance | 1.161 |
289.Negligent conduct with respect to machinery | 1.1561 |
290.Negligent conduct with respect to pulling down, repairing or constructing buildings, etc | 1.161 |
291.Negligent conduct with respect to animal | 1.162 |
292.Punishment for public nuisance in cases not otherwise provided for | 1.162 |
293.Continuance of nuisance after injunction to discontinue | 1.162 |
294.Sale, etc., of obscene books, etc. | 1.163 |
295.Sale, etc., of obscene objects to child | 1.164 |
296.Obscene acts and songs | 1.165 |
297.Keeping lottery office | 1.165 |
298.Injuring or defiling place of worship with intent to insult religion of any class | 1.165 |
299.Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs | 1.166 |
300.Disturbing religious assembly | 1.166 |
301.Trespassing on burial places, etc | 1.166 |
302.Uttering words, etc., with deliberate intent to wound religious feelings of any person | 1.167 |
303.Theft | 1.167 |
304.Snatching | 1.170 |
305.Theft in a dwelling house, or means of transportation or place of worship, etc. | 1.170 |
306.Theft by clerk or servant of property in possession of master | 1.171 |
307.Theft after preparation made for causing death, hurt or restraint in order to committing of thef | 1.171 |
308.Extortion | 1.171 |
309.Robbery | 1.173 |
310.Dacoity | 1.175 |
311.Robbery, or dacoity, with attempt to cause death or grievous hurt | 1.176 |
312.Attempt to commit robbery or dacoity when armed with deadly weapon | 1.176 |
313.Punishment for belonging to gang of robbers, etc. | 1.176 |
314.Dishonest misappropriation of property | 1.177 |
315.Dishonest misappropriation of property possessed by deceased person at the time of his death | 1.179 |
316.Criminal breach of trust | 1.179 |
317.Stolen property | 1.181 |
318.Cheating | 1.182 |
319.Cheating by personation | 1.184 |
320.Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors | 1.185 |
321.Dishonestly or fraudulently preventing debt being available for creditors | 1.185 |
322.Dishonest or fraudulent execution of deed of transfer containing false statement of consideration | 1.185 |
323.Dishonest or fraudulent removal or concealment of property | 1.186 |
324.Mischief | 1.186 |
325. Mischief by killing or maiming animal | 1.188 |
326.Mischief by injury, inundation, fire or explosive substance, etc. | 1.188 |
327.Mischief with intent to destroy or make unsafe a rail, aircraft,decked vessel or one of twenty tons burden | 1.190 |
328.Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. | 1.190 |
329.Criminal trespass and house-trespass | 1.191 |
330.House-trespass and housebreaking | 1.191 |
331.Punishment for house-trespass or housebreaking | 1.193 |
332.House-trespass in order to commit offence | 1.194 |
333.House-trespass after preparation for hurt, assault or wrongful restraint | 1.195 |
334.Dishonestly breaking open receptacle containing property | 1.195 |
325.Making a false document | 1.196 |
336.Forgery | 1.199 |
337.Forgery of record of Court or of public register, etc. | 1.199 |
338.Forgery of valuable security, will, etc. | 1.1200 |
339.Having possession of document described in section 337 or section 338,knowing it to be forged and intending to use it as genuine | 1.1200 |
340.Forged document or electronic record and using it as genuine | 1.1201 |
341.Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338 | 1.1201 |
342.Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked materia | 1.1202 |
343.Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security | 1.1203 |
344.Falsification of accounts | 1.1203 |
345.Property mark | 1.1204 |
346.Tampering with property mark with intent to cause injury | 1.1204 |
347.Counterfeiting a property mark | 1.1204 |
348.Making or possession of any instrument for counterfeiting a property mark | 1.1205 |
349.Selling goods marked with a counterfeit property mark | 1.1205 |
350.Making a false mark upon any receptacle containing goods | 1.1206 |
351.Criminal intimidation | 1.1206 |
352.Intentional insult with intent to provoke breach of peace | 1.1207 |
353.Statements conducing to public mischief | 1.1207 |
354.Act caused by inducing person to believe that he will be rendered an object of Divine displeasure | 1.1209 |
355.Misconduct in public by a drunken person | 1.1209 |
356.Defamation | 1.1210 |
357.Breach of contract to attend on and supply wants of helpless person | 1.1214 |
358.Repeal and savings | 1.1214 |
Flow Chart | xxix |
Comparative table showing provisions of Code of Criminal Procedure, 1973 and provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 | xxxiii |
1.Short title, extent and commencement | 2.1 |
2.Definitions | 2.1 |
3.Construction of references | 2.3 |
4.Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws | 2.4 |
5.Saving | 2.4 |
6.Classes of Criminal Courts | 2.4 |
7.Territorial divisions | 2.4 |
8.Court of Session | 2.5 |
9.Courts of Judicial Magistrates | 2.6 |
10.Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. | 2.6 |
11.Special Judicial Magistrates | 2.6 |
12.Local Jurisdiction of Judicial Magistrates | 2.7 |
13.Subordination of Judicial Magistrates | 2.7 |
14.Executive Magistrates | 2.7 |
15.Special Executive Magistrates | 2.8 |
16.Local Jurisdiction of Executive Magistrates | 2.8 |
17.Subordination of Executive Magistrates | 2.8 |
18.Public Prosecutors | 2.9 |
19.Assistant Public Prosecutors | 2.10 |
20.Directorate of Prosecution | 2.10 |
21.Courts by which offences are triable | 2.12 |
22.Sentences which High Courts and Sessions Judges may pass | 2.12 |
23.Sentences which Magistrates may pass | 2.12 |
24.Sentence of imprisonment in default of fine | 2.13 |
25.Sentence in cases of conviction of several offences at one trial | 2.13 |
26.Mode of conferring powers | 2.13 |
27.Powers of officers appointed | 2.14 |
28.Withdrawal of powers | 2.14 |
29.Powers of Judges and Magistrates exercisable by their successors-in-office | 2.14 |
30.Powers of superior officers of police | 2.14 |
31.Public when to assist Magistrates and police | 2.15 |
32.Aid to person, other than police officer, executing warrant | 2.15 |
33.Public to give information of certain offences | 2.15 |
34.Duty of officers employed in connection with affairs of a village to make certain report | 2.15 |
35.When police may arrest without warrant | 2.17 |
36.Procedure of arrest and duties of officer making arrest | 2.18 |
37.Designated police officer | 2.19 |
38.Right of arrested person to meet an advocate of his choice during interrogation | 2.19 |
39.Arrest on refusal to give name and residence | 2.19 |
40.Arrest by private person and procedure on such arrest | 2.19 |
41.Arrest by Magistrate | 2.20 |
42.Protection of members of Armed Forces from arrest | 2.20 |
43.Arrest how made | 2.20 |
44.Search of place entered by person sought to be arrested | 2.21 |
45.Pursuit of offenders into other jurisdictions | 2.22 |
46.No unnecessary restraint | 2.22 |
47.Person arrested to be informed of grounds of arrest and of right to bail | 2.22 |
48.Obligation of person making arrest to inform about arrest, etc.,to relative or friend | 2.22 |
49.Search of arrested person | 2.23 |
50.Power to seize offensive weapons | 2.23 |
51.Examination of accused by medical practitioner at request of police officer | 2.23 |
52.Examination of person accused of rape by medical practitioner | 2.24 |
53.Examination of arrested person by medical officer | 2.25 |
54.Identification of person arrested | 2.25 |
55.Procedure when police officer deputes subordinate to arrest without warrant | 2.25 |
56.Health and safety of arrested person | 2.26 |
57.Person arrested to be taken before Magistrate or officer in charge of police station | 2.26 |
58.Person arrested not to be detained more than twenty-four hours | 2.26 |
59.Police to report apprehensions | 2.26 |
60.Discharge of person apprehended | 2.27 |
61.Power, on escape, to pursue and retake | 2.27 |
62.Arrest to be made strictly according to Sanhita | 2.27 |
63.Form of summons | 2.27 |
64.Summons how served | 2.27 |
65.Service of summons on corporate bodies, firms, and societies | 2.28 |
66.Service when persons summoned cannot be found | 2.28 |
67.Procedure when service cannot be effected as before provided | 2.28 |
68.Service on Government servant | 2.29 |
69.Service of summons outside local limits | 2.29 |
70.Proof of service in such cases and when serving officer not present | 2.29 |
71.Service of summons on witness | 2.30 |
72.Form of warrant of arrest and duration | 2.30 |
73.Power to direct security to be taken | 2.30 |
74.Warrants to whom directed | 2.30 |
75.Warrant may be directed to any person | 2.31 |
76.Warrant directed to police officer | 2.31 |
77.Notification of substance of warrant | 2.31 |
78.Person arrested to be brought before Court without delay | 2.31 |
79.Where warrant may be executed | 2.32 |
80.Warrant forwarded for execution outside jurisdiction | 2.32 |
81.Warrant directed to police officer for execution outside jurisdiction | 2.32 |
82.Procedure on arrest of person against whom warrant issued | 2.32 |
83.Procedure by Magistrate before whom such person arrested is brought | 2.33 |
84.Proclamation for person absconding | 2.33 |
85.Attachment of property of person absconding | 2.34 |
86.Identification and attachment of property of proclaimed person | 2.35 |
87.Claims and objections to attachment | 2.35 |
88.Release, sale and restoration of attached property | 2.36 |
89.Appeal from order rejecting application for restoration of attached property | 2.36 |
90.Issue of warrant in lieu of, or in addition to, summons | 2.36 |
91.Power to take bond or bail bond for appearance | 2.37 |
92.Arrest on breach of bond or bail bond for appearance | 2.37 |
93.Provisions of this Chapter generally applicable to summons and warrants of arrest | 2.37 |
94.Summons to produce document or other thing | 2.37 |
95.Procedure as to letters | 2.38 |
96.When search-warrant may be issued | 2.38 |
97.Search of place suspected to contain stolen property,forged documents, etc. | 2.39 |
98.Power to declare certain publications forfeited and to issue searchwarrants for same | 2.39 |
99.Application to High Court to set aside declaration of forfeiture | 2.40 |
100.Search for persons wrongfully confined | 2.41 |
101.Power to compel restoration of abducted females | 2.41 |
102.Direction, etc., of search-warrants | 2.41 |
103.Persons in charge of closed place to allow search | 2.41 |
104.Disposal of things found in search beyond jurisdiction | 2.42 |
105.Recording of search and seizure through audio-video electronic means | 2.42 |
106.Power of police officer to seize certain property | 2.42 |
107.Attachment, forfeiture or restoration of property | 2.43 |
108.Magistrate may direct search in his presence | 2.44 |
109.Power to impound document, etc., produced | 2.44 |
110.Reciprocal arrangements regarding processes | 2.44 |
111.Definitions | 2.45 |
112.Letter of request to competent authority for investigation in a country or place outside India | 2.46 |
113.Letter of request from a country or place outside India to a Court or an authority for investigation in India | 2.46 |
114.Assistance in securing transfer of persons | 2.46 |
115.Assistance in relation to orders of attachment or forfeiture of property | 2.47 |
116.Identifying unlawfully acquired property | 2.47 |
117.Seizure or attachment of property | 2.48 |
118.Management of properties seized or forfeited under this Chapter | 2.48 |
119.Notice of forfeiture of property | 2.48 |
120.Forfeiture of property in certain cases | 2.48 |
121.Fine in lieu of forfeiture | 2.49 |
122.Certain transfers to be null and void | 2.49 |
123.Procedure in respect of letter of request | 2.49 |
124.Application of this Chapter | 2.49 |
125.Security for keeping peace on conviction | 2.50 |
126.Security for keeping peace in other cases | 2.50 |
127.Security for good behaviour from persons disseminating 2. certain matters | 2.51 |
128.Security for good behaviour from suspected persons | 2.51 |
129.Security for good behaviour from habitual offenders | 2.52 |
130.Order to be made | 2.52 |
131.Procedure in respect of person present in Court | 2.53 |
132.Summons or warrant in case of person not so present | 2.53 |
133.Copy of order to accompany summons or warrant | 2.53 |
134.Power to dispense with personal attendance | 2.53 |
135.Inquiry as to truth of information | 2.53 |
136.Order to give security | 2.54 |
137.Discharge of person informed against | 2.55 |
138.Commencement of period for which security is required | 2.55 |
139.Contents of bond | 2.55 |
140.Power to reject sureties | 2.55 |
141.Imprisonment in default of security | 2.56 |
142.Power to release persons imprisoned for failing to give security | 2.57 |
143.Security for unexpired period of bond | 2.58 |
144.Order for maintenance of wives, children and parents | 2.59 |
145.Procedure | 2.60 |
146.Alteration in allowance | 2.61 |
147.Enforcement of order of maintenance | 2.61 |
148.Dispersal of assembly by use of civil force | 2.62 |
149.Use of armed forces to disperse assembly | 2.62 |
150.Power of certain armed force officers to disperse assembly | 2.62 |
151.Protection against prosecution for acts done under sections 148, 149 and 150 | 2.63 |
152.Conditional order for removal of nuisance | 2.63 |
153.Service or notification of order | 2.64 |
154.Person to whom order is addressed to obey or show cause | 2.65 |
155.Penalty for failure to comply with section 154 | 2.65 |
156.Procedure where existence of public right is denied | 2.65 |
157.Procedure where person against whom order is made under section 152 appears to show cause | 2.65 |
158.Power of Magistrate to direct local investigation and examination of an expert | 2.65 |
159.Power of Magistrate to furnish written instructions, etc. | 2.66 |
160.Procedure on order being made absolute and consequences of disobedience | 2.66 |
161.Injunction pending inquiry | 2.66 |
162.Magistrate may prohibit repetition or continuance of public nuisance | 2.66 |
163.Power to issue order in urgent cases of nuisance or apprehended danger | 2.67 |
164.Procedure where dispute concerning land or water is likely to cause breach of peace | 2.67 |
165.Power to attach subject of dispute and to appoint receiver | 2.69 |
166.Dispute concerning right of use of land or water | 2.69 |
167.Local inquiry | 2.70 |
168.Police to prevent cognizable offences | 2.70 |
169.Information of design to commit cognizable offences | 2.70 |
170.Arrest to prevent commission of cognizable offences | 2.70 |
171.Prevention of injury to public property | 2.71 |
172.Persons bound to conform to lawful directions of police | 2.71 |
173.Information in cognizable cases | 2.71 |
174.Information as to non-cognizable cases and investigation of such cases | 2.73 |
175.Police officer’s power to investigate cognizable case | 2.73 |
176.Procedure for investigation | 2.74 |
177.Report how submitted | 2.75 |
178.Power to hold investigation or preliminary inquiry | 2.75 |
179.Police officer’s power to require attendance of witnesses | 2.75 |
180.Examination of witnesses by police | 2.75 |
181.Statements to police and use thereof | 2.76 |
182.No inducement to be offered | 2.77 |
183.Recording of confessions and statements | 2.77 |
184.Medical examination of victim of rape | 2.79 |
185.Search by police officer | 2.80 |
186.When officer in charge of police station may require another to issue search-warrant | 2.80 |
187.Procedure when investigation cannot be completed in twenty-four hours | 2.81 |
188.Report of investigation by subordinate police officer | 2.83 |
189.Release of accused when evidence deficient | 2.83 |
190.Cases to be sent to Magistrate, when evidence is sufficient | 2.84 |
191.Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint | 2.84 |
192.Diary of proceedings in investigation 2.84 | |
193.Report of police officer on completion of investigation | 2.85 |
194.Police to enquire and report on suicide, etc. | 2.86 |
195.Power to summon persons | 2.88 |
196.Inquiry by Magistrate into cause of death | 2.88 |
197.Ordinary place of inquiry and trial | 2.89 |
198.Place of inquiry or trial | 2.89 |
199.Offence triable where act is done or consequence ensues | 2.89 |
200.Place of trial where act is an offence by reason of relation to other offence | 2.90 |
201.Place of trial in case of certain offences | 2.90 |
202.Offences committed by means of electronic communications,letters, etc. | 2.90 |
203.Offence committed on journey or voyage | 2.90 |
204.Place of trial for offences triable together | 2.91 |
205.Power to order cases to be tried in different sessions divisions | 2.91 |
206.High Court to decide, in case of doubt, district where inquiry or trial shall take place | 2.91 |
207.Power to issue summons or warrant for offence committed beyond local jurisdiction | 2.91 |
208.Offence committed outside India | 2.92 |
209.Receipt of evidence relating to offences committed outside India | 2.92 |
210.Cognizance of offences by Magistrate | 2.92 |
211.Transfer on application of accused | 2.92 |
212.Making over of cases to Magistrates | 2.93 |
213.Cognizance of offences by Court of Session | 2.93 |
214.Additional Sessions Judges to try cases made over to them | 2.93 |
215.Prosecution for contempt of lawful authority of public servants,for offences against public justice and for offences relating to documents given in evidence | 2.93 |
216.Procedure for witnesses in case of threatening, etc. | 2.94 |
217.Prosecution for offences against State and for criminal conspiracy to commit such offence | 2.94 |
218.Prosecution of Judges and public servants | 2.95 |
219.Prosecution for offences against marriage | 2.96 |
220.Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023 | 2.98 |
221.Cognizance of offence | 2.98 |
222.Prosecution for defamation | 2.98 |
223.Examination of complainant | 2.99 |
224.Procedure by Magistrate not competent to take cognizance of case | 2.100 |
225.Postponement of issue of process | 2.100 |
226.Dismissal of complaint | 2.101 |
227.Issue of process | 2.101 |
228.Magistrate may dispense with personal attendance of accused | 2.101 |
229.Special summons in cases of petty offence | 2.101 |
230.Supply to accused of copy of police report and other documents | 2.102 |
231.Supply of copies of statements and documents to accused in other cases triable by Court of Session | 2.103 |
232.Commitment of case to Court of Session when offence is triable exclusively by it | 2.103 |
233.Procedure to be followed when there is a complaint case and police investigation in respect of same offence | 2.104 |
234.Contents of charge | 2.104 |
235.Particulars as to time, place and person | 2.106 |
236.When manner of committing offence must be stated | 2.106 |
237.Words in charge taken in sense of law under which offence is punishable | 2.106 |
238.Effect of errors | 2.107 |
239.Court may alter charge | 2.107 |
240.Recall of witnesses when charge altered | 2.108 |
241.Separate charges for distinct offences | 2.108 |
242.Offences of same kind within year may be charged together | 2.108 |
243.Trial for more than one offence | 2.109 |
244.Where it is doubtful what offence has been committed | 2.110 |
245.When offence proved included in offence charged | 2.111 |
246.What persons may be charged jointly | 2.111 |
247.Withdrawal of remaining charges on conviction on one of several charges | 2.112 |
248.Trial to be conducted by Public Prosecutor | 2.112 |
249.Opening case for prosecution | 2.113 |
250.Discharge | 2.113 |
251.Framing of charge | 2.113 |
252.Conviction on plea of guilty | 2.114 |
253.Date for prosecution evidence | 2.114 |
254.Evidence for prosecution | 2.114 |
255.Acquittal | 2.114 |
256.Entering upon defence | 2.114 |
257.Arguments | 2.115 |
258.Judgment of acquittal or conviction | 2.115 |
259.Previous conviction | 2.115 |
260.Procedure in cases instituted under sub-section (2) of section 222 | 2.116 |
261.Compliance with section 230 | 2.117 | |
262.When accused shall be discharged | 2.117 | |
263.Framing of charge | 2.117 | |
264.Conviction on plea of guilty | 2.117 | |
265.Evidence for prosecution | 2.117 | |
266.Evidence for defence | 2.118 |
267.Evidence for prosecution | 2.118 | |
268.When accused shall be discharged | 2.118 | |
269.Procedure where accused is not discharged | 2.118 | |
270.Evidence for defence | 2.119 |
271.Acquittal or conviction | 2.119 |
272.Absence of complainant | 2.120 |
273.Compensation for accusation without reasonable cause | 2.120 |
274.Substance of accusation to be stated | 2.121 |
275.Conviction on plea of guilty | 2.121 |
276.Conviction on plea of guilty in absence of accused in petty cases | 2.121 |
277.Procedure when not convicted | 2.121 |
278.Acquittal or conviction | 2.122 |
279.Non-appearance or death of complainant | 2.122 |
280.Withdrawal of complaint | 2.123 |
281.Power to stop proceedings in certain cases | 2.123 |
282.Power of Court to convert summons cases into warrant-cases | 2.123 |
283.Power to try summarily | 2.124 |
284.Summary trial by Magistrate of second class | 2.124 |
285.Procedure for summary trials | 2.125 |
286.Record in summary trials | 2.125 |
287.Judgment in cases tried summarily | 2.125 |
288.Language of record and judgment | 2.125 |
289.Application of Chapter | 2.125 |
290.Application for plea bargaining | 2.126 |
291.Guidelines for mutually satisfactory disposition | 2.126 |
292.Report of mutually satisfactory disposition to be submitted before Court | 2.127 |
293.Disposal of case | 2.127 |
294.Judgment of Court | 2.128 |
295.Finality of judgment | 2.128 |
296.Power of Court in plea bargaining | 2.128 |
297.Period of detention undergone by accused to be set off against sentence of imprisonment | 2.128 |
298.Savings | 2.129 |
299.Statements of accused not to be used | 2.129 |
300.Non-application of Chapter | 2.129 |
301.Definitions | 2.129 |
302.Power to require attendance of prisoners | 2.129 |
303.Power of State Government or Central Government to exclude certain persons from operation of section 302 | 2.130 |
304.Officer in charge of prison to abstain from carrying out order in certain contingencies | 2.130 |
305.Prisoner to be brought to Court in custody | 2.131 |
306.Power to issue commission for examination of witness in prison | 2.131 |
307.Language of Courts | 2.131 |
308.Evidence to be taken in presence of accused | 2.132 |
309.Record in summons-cases and inquiries | 2.132 |
310.Record in warrant-cases | 2.132 |
311.Record in trial before Court of Session | 2.133 |
312.Language of record of evidence | 2.133 |
313.Procedure in regard to such evidence when completed | 2.134 |
314.Interpretation of evidence to accused or his advocate | 2.134 |
315.Remarks respecting demeanour of witness | 2.134 |
316.Record of examination of accused | 2.134 |
317.Interpreter to be bound to interpret truthfully | 2.135 |
318.Record in High Court | 2.135 |
319.When attendance of witness may be dispensed with and commission issued | 2.135 | |
320.Commission to whom to be issued | 2.136 | |
321.Execution of commissions | 2.136 | |
322.Parties may examine witnesses | 2.136 | |
323.Return of commission | 2.137 | |
324.Adjournment of proceeding | 2.137 | |
325.Execution of foreign commissions | 2.137 | |
326.Deposition of medical witness | 2.138 | |
327.Identification report of Magistrate | 2.138 | |
328.Evidence of officers of Mint | 2.138 | |
329.Reports of certain Government scientific experts | 2.139 | |
330.No formal proof of certain documents | 2.140 | |
331.Affidavit in proof of conduct of public servants | 2.140 | |
332.Evidence of formal character on affidavit | 2.140 | |
333.Authorities before whom affidavits may be sworn | 2.141 | |
334.Previous conviction or acquittal how proved | 2.141 | |
335.Record of evidence in absence of accused | 2.141 | |
336.Evidence of public servants, experts, police officers in certain cases | 2.142 |
337.Person once convicted or acquitted not to be tried for same offence | 2.142 |
338.Appearance by Public Prosecutors | 2.144 |
339.Permission to conduct prosecution | 2.144 |
340.Right of person against whom proceedings are instituted to be defended | 2.144 |
341.Legal aid to accused at State expense in certain cases | 2.145 |
342.Procedure when corporation or registered society is an accused | 2.145 |
343.Tender of pardon to accomplice | 2.146 |
344.Power to direct tender of pardon | 2.147 |
345.Trial of person not complying with conditions of pardon | 2.147 |
346.Power to postpone or adjourn proceedings | 2.148 |
347.Local inspection | 2.149 |
348.Power to summon material witness, or examine person present | 2.149 |
349.Power of Magistrate to order person to give specimen signatures or handwriting, etc. | 2.149 |
350.Expenses of complainants and witnesses | 2.150 |
351.Power to examine accused | 2.150 |
352.Oral arguments and memorandum of arguments | 2.151 |
353.Accused person to be competent witness | 2.151 |
354.No influence to be used to induce disclosure | 2.151 |
355.Provision for inquiries and trial being held in absence of accused in certain cases | 2.152 |
356.Inquiry, trial or judgment in absentia of proclaimed offender | 2.152 |
357.Procedure where accused does not understand proceedings | 2.153 |
358.Power to proceed against other persons appearing to be guilty of offence | 2.154 |
359.Compounding of offences | 2.154 |
360.Withdrawal from prosecution | 2.158 |
361.Procedure in cases which Magistrate cannot dispose of | 2.159 |
362.Procedure when after commencement of inquiry or trial,Magistrate finds case should be committed | 2.159 |
363.Trial of persons previously convicted of offences against coinage, stamp-law or property | 2.160 |
364.Procedure when Magistrate cannot pass sentence sufficiently severe | 2.160 |
365.Conviction or commitment on evidence partly recorded by one Magistrate and partly by another | 2.161 |
366.Court to be open | 2.161 |
367.Procedure in case of accused being person of unsound mind | 2.162 |
368.Procedure in case of person of unsound mind tried before Court | 2.163 |
369.Release of person of unsound mind pending investigation or trial | 2.164 |
370.Resumption of inquiry or trial | 2.165 |
371.Procedure on accused appearing before Magistrate or Court | 2.165 |
372.When accused appears to have been of sound mind | 2.165 |
373.Judgment of acquittal on ground of unsoundness of mind | 2.166 |
374.Person acquitted on ground of unsoundness of mind to be detained in safe custody | 2.166 |
375.Power of State Government to empower officer in charge to discharge | 2.167 |
376.Procedure where prisoner of unsound mind is reported capable of making his defence | 2.167 |
377.Procedure where person of unsound mind detained is declared fit to be released | 2.167 |
378.Delivery of person of unsound mind to care of relative or friend | 2.168 |
379.Procedure in cases mentioned in section 215 | 2.168 |
380.Appeal | 2.169 |
381.Power to order costs | 2.169 |
382.Procedure of Magistrate taking cognizance | 2.170 |
383.Summary procedure for trial for giving false evidence | 2.170 |
384.Procedure in certain cases of contempt | 2.171 |
385.Procedure where Court considers that case should not be dealt with under section 384 | 2.171 |
386.When Registrar or Sub-Registrar to be deemed a Civil Court | 2.172 |
387.Discharge of offender on submission of apology | 2.172 |
388.Imprisonment or committal of person refusing to answer or produce document | 2.172 |
389.Summary procedure for punishment for non-attendance by a witness in obedience to summons | 2.172 |
390.Appeals from convictions under sections 383, 384, 388 and 389 | 2.173 |
391.Certain Judges and Magistrates not to try certain offences when committed before themselves | 2.173 |
392.Judgment | 2.174 | |
393.Language and contents of judgment | 2.175 | |
394.Order for notifying address of previously convicted offender | 2.175 | |
395.Order to pay compensation | 2.176 | |
396.Victim compensation scheme | 2.177 | |
397.Treatment of victims | 2.177 | |
398.Witness protection scheme | 2.178 | |
399.Compensation to persons groundlessly arrested | 2.178 | |
400.Order to pay costs in non-cognizable cases | 2.178 | |
401.Order to release on probation of good conduct or after admonition | 2.179 | |
402.Special reasons to be recorded in certain cases | 2.180 | |
403.Court not to alter judgment | 2.180 | |
404.Copy of judgment to be given to accused and other persons | 2.181 | |
405.Judgment when to be translated | 2.181 | |
406.Court of Session to send copy of finding and sentence to District Magistrate | 2.182 |
407.Sentence of death to be submitted by Court of Session for confirmation | 2.182 |
408.Power to direct further inquiry to be made or additional evidence to be taken | 2.182 |
409.Power of High Court to confirm sentence or annul conviction | 2.182 |
410.Confirmation or new sentence to be signed by two Judges | 2.183 |
411.Procedure in case of difference of opinion | 2.183 |
412.Procedure in cases submitted to High Court for confirmation | 2.183 |
413.No appeal to lie unless otherwise provided | 2.183 |
414.Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour | 2.184 |
415.Appeals from convictions | 2.184 |
416.No appeal in certain cases when accused pleads guilty | 2.185 |
417.No appeal in petty cases | 2.185 |
418.Appeal by State Government against sentence | 2.185 |
419.Appeal in case of acquittal | 2.186 |
420.Appeal against conviction by High Court in certain cases | 2.187 |
421.Special right of appeal in certain cases | 2.187 |
422.Appeal to Court of Session how heard | 2.187 |
423.Petition of appeal | 2.188 |
424.Procedure when appellant in jail | 2.188 |
425.Summary dismissal of appeal | 2.188 |
426.Procedure for hearing appeals not dismissed summarily | 2.189 |
427.Powers of Appellate Court | 2.189 |
428.Judgments of subordinate Appellate Court | 2.190 |
429.Order of High Court on appeal to be certified to lower Court | 2.190 |
430.Suspension of sentence pending appeal; release of appellant on bail | 2.191 |
431.Arrest of accused in appeal from acquittal | 2.191 |
432.Appellate Court may take further evidence or direct it to be taken | 2.192 |
433.Procedure where Judges of Court of appeal are equally divided | 2.192 |
434.Finality of judgments and orders on appeal | 2.192 |
435.Abatement of appeals | 2.193 |
436.Reference to High Court | 2.193 |
437.Disposal of case according to decision of High Court | 2.194 |
438.Calling for records to exercise powers of revision | 2.194 |
439.Power to order inquiry | 2.194 |
440.Sessions Judge’s powers of revision | 2.195 |
441.Power of Additional Sessions Judge | 2.195 |
442.High Court’s powers of revision | 2.195 |
443.PoweR of High Court to withdraw or transfer revision cases | 2.196 |
444.Option of Court to hear parties | 2.197 |
445.High Court’s order to be certified to lower Court | 2.197 |
446.Power of Supreme Court to transfer cases and appeals | 2.197 | |
447.Power of High Court to transfer cases and appeals | 2.197 | |
448.Power of Sessions Judge to transfer cases and appeals | 2.199 | |
449.Withdrawal of cases and appeals by Sessions Judges | 2.199 | |
450.Withdrawal of cases by Judicial Magistrates | 2.199 | |
451.Making over or withdrawal of cases by Executive Magistrates | 2.200 | |
452.Reasons to be recorded | 2.200 |
453.Execution of order passed under section 409 | 2.200 |
454.Execution of sentence of death passed by High Court | 2.200 |
455.Postponement of execution of sentence of death in case of appeal to Supreme Court | 2.200 |
456.Commutation of sentence of death on pregnant woman | 2.201 |
457.Power to appoint place of imprisonment | 2.201 |
458.Execution of sentence of imprisonment | 2.201 |
459.Direction of warrant for execution | 2.202 |
460.Warrant with whom to be lodged | 2.202 |
461.Warrant for levy of fine | 2.202 |
462.Effect of such warrant | 2.203 |
463.Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend | 2.203 |
464.Suspension of execution of sentence of imprisonment | 2.203 |
465.Who may issue warrant | 2.204 |
466.Sentence on escaped convict when to take effect | 2.204 |
467.Sentence on offender already sentenced for another offence | 2.204 |
468.Period of detention undergone by accused to be set off against sentence of imprisonment | 2.205 |
469.Saving | 2.205 |
470.Return of warrant on execution of sentence | 2.205 |
471.Money ordered to be paid recoverable as a fine | 2.206 |
472.Mercy petition in death sentence cases | 2.206 |
473.Power to suspend or remit sentences | 2.207 |
474.Power to commute sentence | 2.208 |
475.Restriction on powers of remission or commutation in certain cases | 2.208 |
476.Concurrent power of Central Government in case of death sentences | 2.208 |
477.State Government to act after concurrence with Central Government in certain cases | 2.209 |
478.In what cases bail to be taken | 2.209 |
479.Maximum period for which undertrial prisoner can be detained | 2.210 |
480.When bail may be taken in case of non-bailable offence | 2.211 |
481.Bail to require accused to appear before next Appellate Court | 2.212 |
482.Direction for grant of bail to person apprehending arrest | 2.212 |
483.Special powers of High Court or Court of Session regarding bail | 2.213 |
484.Amount of bond and reduction thereof | 2.214 |
485.Bond of accused and sureties | 2.214 |
486.Declaration by sureties | 2.215 |
487.Discharge from custody | 2.215 |
488.Power to order sufficient bail when that first taken is insufficient | 2.215 |
489.Discharge of sureties | 2.215 |
490.Deposit instead of recognizance | 2.216 |
491.Procedure when bond has been forfeited | 2.216 |
492.Cancellation of bond and bail bond | 2.217 |
493.Procedure in case of insolvency or death of surety or 2.when a bond is forfeited | 2.217 |
494.Bond required from child | 2.217 |
495.Appeal from orders under section 491 | 2.218 |
496.Power to direct levy of amount due on certain recognizances | 2.218 |
497.Order for custody and disposal of property pending trial in certain cases | 2.218 |
498.Order for disposal of property at conclusion of trial | 2.219 |
499.Payment to innocent purchaser of money found on accused | 2.219 |
500.Appeal against orders under section 498 or section 499 | 2.220 |
501.Destruction of libellous and other matter | 2.220 |
502.Power to restore possession of immovable property | 2.220 |
503.Procedure by police upon seizure of property | 2.221 |
504.Procedure where no claimant appears within six months | 2.221 |
505.Power to sell perishable property | 2.222 |
506.Irregularities which do not vitiate proceedings | 2.222 |
507.Irregularities which vitiate proceedings | 2.222 |
508.Proceedings in wrong place | 2.223 |
509.Non-compliance with provisions of section 183 or section 316 | 2.223 |
510.Effect of omission to frame, or absence of, or error in, charge | 2.223 |
511.Finding or sentence when reversible by reason of error,omission or irregularity | 2.224 |
512.Defect or error not to make attachment unlawful | 2.224 |
513.Definitions | 2.225 |
514.Bar to taking cognizance after lapse of period of limitation | 2.225 |
515.Commencement of period of limitation | 2.225 |
516.Exclusion of time in certain cases | 2.226 |
517.Exclusion of date on which Court is closed | 2.226 |
518.Continuing offence | 2.227 |
519.Extension of period of limitation in certain cases | 2.227 |
520.Trials before High Courts | 2.227 | |
521.Delivery to commanding officers of persons liable to be tried by Court-martial | 2.227 | |
522.Forms | 2.228 | |
523.Power of High Court to make rules | 2.228 | |
524.Power to alter functions allocated to Executive Magistrate in certain cases | 2.228 | |
525.Cases in which Judge or Magistrate is personally interested | 2.229 | |
526.Practising advocate not to sit as Magistrate in certain Courts | 2.229 | |
527.Public servant concerned in sale not to purchase or bid for property | 2.229 | |
528.Saving of inherent powers of High Court | 2.229 | |
529.Duty of High Court to exercise continuous superintendence over Courts | 2.229 | |
530.Trial and proceedings to be held in electronic mode | 2.229 | |
531.Repeal and savings | 2.230 |
FORM No. 1 NOTICE FOR APPEARANCE BY THE POLICE | 2.291 | |
FORM No. 2 SUMMONS TO AN ACCUSED PERSON | 2.291 | |
FORM No. 3 WARRANT OF ARREST | 2.292 | |
FORM No. 4 BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT | 2.292 | |
FORM No. 5 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED | 2.293 | |
FORM No. 6 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS | 2.293 | |
FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS | 2.294 | |
FORM No. 8 ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED | 2.295 | |
FORM No. 9 ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR | 2.295 | |
FORM No. 10 WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS | 2.296 | |
FORM No. 11 WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE | 2.297 | |
FORM No. 12 WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT | 2.297 | |
FORM No. 13 BOND TO KEEP THE PEACE | 2.298 | |
FORM No. 14 BOND FOR GOOD BEHAVIOUR | 2.298 | |
FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE | 2.299 | |
FORM No. 17 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR | 2.300 | |
FORM No. 18 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY | 2.301 | |
FORM No. 19 WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE | 2.302 | |
FORM No. 20 WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE | 2.302 | |
FORM No. 21 ORDER FOR THE REMOVAL OF NUISANCES | 2.303 | |
FORM No. 22 MAGISTRATE’S NOTICE AND PEREMPTORY ORDER | 2.304 | |
FORM No. 23 INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY | 2.304 | |
FORM No. 24 MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE | 2.305 | |
FORM No. 25 MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. | 2.305 | |
FORM No. 26 MAGISTRATE’S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND,ETC., IN DISPUTE | 2.306 | |
FORM No. 27 WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC. | 2.306 | |
FORM No. 28 MAGISTRATE’S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER | 2.307 | |
FORM No. 29 BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER | 2.308 | |
FORM No. 30 BOND TO PROSECUTE OR GIVE EVIDENCE | 2.308 | |
FORM No. 31 SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE | 2.309 | |
FORM No. 32 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR | 2.309 | |
FORM No. 33 CHARGES | 2.310 | |
FORM No. 34 SUMMONS TO WITNESS | 2.313 | |
FORM No. 35 WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A COURT | 2.314 | |
FORM No. 36 WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION | 2.315 | |
FORM No. 37 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE | 2.315 | |
FORM No. 38 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE | 2.316 | |
FORM No. 39 WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED | 2.317 | |
FORM No. 40 MAGISTRATE’S OR JUDGE’S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT | 2.317 | |
FORM No. 41 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH | 2.318 | |
FORM No. 42 WARRANT AFTER A COMMUTATION OF A SENTENCE | 2.318 | |
FORM No. 43 WARRANT OF EXECUTION OF A SENTENCE OF DEATH | 2.319 | |
FORM No. 44 WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE | 2.320 | |
FORM No. 45 WARRANT FOR RECOVERY OF FINE | 2.320 | |
FORM No. 46 BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE | 2.321 | |
FORM No. 47 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT | 2.322 | |
FORM No. 48 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY | 2.322 | |
FORM No. 49 WARRANT OF ATTACHMENT TO ENFORCE A BOND | 2.323 | |
FORM No. 50 NOTICE TO SURETY ON BREACH OF A BOND | 2.324 | |
FORM No. 51 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR | 2.324 | |
FORM No. 52 WARRANT OF ATTACHMENT AGAINST A SURETY | 2.325 | |
FORM No. 53 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL | 2.325 | |
FORM No. 54 NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE | 2.326 | |
FORM No. 55 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE | 2.326 | |
FORM No. 56 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE | 2.327 | |
FORM No. 57 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR | 2.328 | |
FORM No. 58 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR | 2.328 |
Flow Chart | ix |
comparative Table showing provisions of indian Evidence act, 1872 and provisions of Bharatiya Sakshya Adhiniyam, 2023 | xi |
1.Short title, application and commencement | 3.1 |
2.Definitions | 3.1 |
3.Evidence may be given of facts in issue and relevant facts | 3.4 |
4.Relevancy of facts forming part of same transaction | 3.4 |
5.Facts which are the occasion, cause or effect of facts in issue or relevant facts | 3.5 |
6.Motive, preparation and previous or subsequent conduct | 3.6 |
7.Facts necessary to explain or introduce fact in issue or relevant facts | 3.7 |
8.Things said or done by conspirator in reference to common design | 3.9 |
9.When facts not otherwise relevant become relevant | 3.9 |
10.Facts tending to enable Court to determine amount are relevant in suits for damages | 3.10 |
11.Facts relevant when right or custom is in question | 3.10 |
12.Facts showing existence of state of mind, or of body or 3.bodily feeling | 3.11 |
13.Facts bearing on question whether act was accidental or intentional | 3.13 |
14.Existence of course of business when relevant | 3.14 |
15.Admission defined | 3.14 |
16.Admission by party to proceeding or his agent | 3.14 |
17.Admissions by persons whose position must be proved as against party to suit | 3.15 |
18.Admissions by persons expressly referred to by party to suit | 3.15 |
19.Proof of admissions against persons making them, and by or on their behalf | 3.16 |
20.When oral admissions as to contents of documents are relevant | 3.17 |
21.Admissions in civil cases when relevant | 3.17 |
22.Confession caused by inducement, threat, coercion or promise,when irrelevant in criminal proceeding | 3.18 |
23.Confession to police officer | 3.18 |
24.Consideration of proved confession affecting person making it and others jointly under trial for same offence | 3.19 |
25.Admissions not conclusive proof, but may estop | 3.19 |
26.Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant | 3.20 |
27.Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated | 3.22 |
28.Entries in books of account when relevant | 3.23 |
29.Relevancy of entry in public record or an electronic record made in performance of duty | 3.23 |
30.Relevancy of statements in maps, charts and plans | 3.24 |
31.Relevancy of statement as to fact of public nature contained in certain Acts or notifications | 3.24 |
32.Relevancy of statements as to any law contained in law books including electronic or digital form | 3.24 |
33.What evidence to be given when statement forms part of a conversation, document, Electronic record, book or series of letters or papers | 3.25 |
34.Previous judgments relevant to bar a second suit or trial | 3.25 |
35.Relevancy of certain judgments in probate, etc., jurisdiction | 3.25 |
36.Relevancy and effect of judgments, orders or decrees, other than those mentioned in section 35 | 3.26 |
37.Judgments, etc., other than those mentioned in sections 34,35 and 36 when relevant | 3.26 |
38.Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved | 3.27 |
39.Opinions of experts | 3.27 |
40.Facts bearing upon opinions of experts | 3.28 |
41.Opinion as to handwriting and digital signature, when relevant | 3.28 |
42.Opinion as to existence of general custom or right, when relevant | 3.29 |
43.Opinion as to usages, tenets, etc., when relevant | 3.30 |
44.Opinion on relationship, when relevant | 3.30 |
45.Grounds of opinion, when relevant | 3.30 |
46.In civil cases, character to prove conduct imputed, irrelevant | 3.31 |
47.In criminal cases, previous good character relevant | 3.31 |
48.Evidence of character or previous sexual experience not relevant in certain cases | 3.31 |
49.Previous bad character not relevant, except in reply | 3.31 |
50.Character as affecting damages | 3.31 |
51.Fact judicially noticeable need not be proved | 3.32 | |
52.Facts of which Court shall take judicial notice | 3.32 | |
53.Facts admitted need not be proved | 3.33 | |
54.Proof of facts by oral evidence | 3.33 | |
55.Oral evidence to be direct | 3.34 | |
56.Proof of contents of documents | 3.34 | |
57.Primary evidence | 3.34 | |
58.Secondary evidence | 3.35 | |
59.Proof of documents by primary evidence | 3.36 | |
60.Cases in which secondary evidence relating to documents may be given | 3.36 | |
61.Electronic or digital record | 3.37 | |
62.Special provisions as to evidence relating to electronic record | 3.38 | |
63.Admissibility of electronic records | 3.38 | |
64.Rules as to notice to produce | 3.40 | |
65.Proof of signature and handwriting of person alleged to have signed or written document produced | 3.41 | |
66.Proof as to electronic signature | 3.41 | |
67.Proof of execution of document required by law to be attested | 3.41 | |
68.Proof where no attesting witness found | 3.41 | |
69.Admission of execution by party to attested document | 3.41 | |
70.Proof when attesting witness denies the execution | 3.42 | |
71.Proof of document not required by law to be attested | 3.42 | |
72.Comparison of signature, writing or seal with others admitted or proved | 3.42 | |
73.Proof as to verification of digital signature | 3.42 | |
74.Public and private documents | 3.43 | |
75.Certified copies of public documents | 3.43 | |
76.Proof of documents by production of certified copies | 3.43 | |
77.Proof of other official documents | 3.43 | |
78.Presumption as to genuineness of certified copies | 3.44 | |
79.Presumption as to documents produced as record of evidence, etc. | 3.45 | |
80.Presumption as to Gazettes, newspapers, and other documents | 3.45 | |
81.Presumption as to Gazettes in electronic or digital record | 3.46 | |
82.Presumption as to maps or plans made by authority of Government | 3.46 | |
83.Presumption as to collections of laws and reports of decisions | 3.46 | |
84.Presumption as to powers-of-attorney | 3.46 | |
85.Presumption as to electronic agreements | 3.47 | |
86.Presumption as to electronic records and electronic signatures | 3.47 | |
87.Presumption as to Electronic Signature Certificates | 3.47 | |
88.Presumption as to certified copies of foreign judicial records | 3.47 | |
89.Presumption as to books, maps and charts | 3.48 | |
90.Presumption as to electronic messages | 3.48 | |
91.Presumption as to due execution, etc., of documents not produced | 3.48 | |
92.Presumption as to documents thirty years old | 3.48 | |
93.Presumption as to electronic records five years old | 3.49 | |
94.Evidence of terms of contracts, grants and other dispositions of property reduced to form of document | 3.49 | |
95.Exclusion of evidence of oral agreement | 3.51 | |
96.Exclusion of evidence to explain or amend ambiguous document | 3.52 | |
97.Exclusion of evidence against application of document to existing facts | 3.53 | |
98.Evidence as to document unmeaning reference to existing facts | 3.53 | |
99.Evidence as to application of language which can apply to one only of several persons | 3.53 | |
100.Evidence as to application of language to one of two sets of facts, to neither of which the whole correctly applies | 3.54 | |
101.Evidence as to meaning of illegible characters, etc. | 3.54 | |
102.Who may give evidence of agreement varying terms of document | 3.55 | |
103.Saving of provisions of Indian Succession Act relating to Wills | 3.55 |
104.Burden of proof | 3.55 |
105.On whom burden of proof lies | 3.56 |
106.Burden of proof as to particular fact | 3.56 |
107.Burden of proving fact to be proved to make evidence admissible | 3.56 |
108.Burden of proving that case of accused comes within exceptions | 3.57 |
109.Burden of proving fact especially within knowledge | 3.57 |
110.Burden of proving death of person known to have been alive within thirty years | 3.58 |
111.Burden of proving that person is alive who has not been heard of for seven years | 3.58 |
112.Burden of proof as to relationship in the cases of partners,landlord and tenant, principal and agent | 3.58 |
113.Burden of proof as to ownership | 3.58 |
114.Proof of good faith in transactions where one party is in relation of active confidence | 3.59 |
115.Presumption as to certain offences | 3.59 |
116.Birth during marriage, conclusive proof of legitimacy | 3.60 |
117.Presumption as to abetment of suicide by a married woman | 3.60 |
118.Presumption as to dowry death | 3.60 |
119.Court may presume existence of certain facts | 3.61 |
120.Presumption as to absence of consent in certain prosecution for rape | 3.63 |
121.Estoppel | 3.63 |
122.Estoppel of tenant and of licensee of person in possession | 3.63 |
123.Estoppel of acceptor of bill of exchange, bailee or licensee | 3.64 |
124.Who may testify | 3.64 |
125.Witness unable to communicate verbally | 3.65 |
126.Competency of husband and wife as witnesses in certain cases | 3.65 |
127.Judges and Magistrates | 3.65 |
128.Communications during marriage | 3.66 |
129.Evidence as to affairs of State | 3.66 |
130.Official communications | 3.66 |
131.Information as to commission of offences | 3.66 |
132.Professional communications | 3.67 |
133.Privilege not waived by volunteering evidence | 3.68 |
134.Confidential communication with legal advisers | 3.68 |
135.Production of title-deeds of witness not a party | 3.69 |
136.Production of documents or electronic records which another person, having possession, would refuse to produce | 3.69 |
137.Witness not excused from answering on ground that answer will criminate | 3.69 |
138.Accomplice | 3.70 |
139.Number of witnesses | 3.70 |
140.Order of production and examination of witnesses | 3.70 |
141.Judge to decide as to admissibility of evidence | 3.70 |
142.Examination of witnesses | 3.71 |
143.Order of examinations | 3.72 |
144.Cross-examination of person called to produce a document | 3.72 |
145.Witnesses to character | 3.72 |
146.Leading questions | 3.72 |
147.Evidence as to matters in writing | 3.73 |
148.Cross-examination as to previous statements in writing | 3.73 |
149.Questions lawful in cross-examination | 3.73 |
150.When witness to be compelled to answer | 3.74 |
151.Court to decide when question shall be asked and when witness compelled to answer | 3.74 |
152.Question not to be asked without reasonable grounds | 3.75 |
153.Procedure of Court in case of question being asked without reasonable grounds | 3.75 |
154.Indecent and scandalous questions | 3.76 |
155.Questions intended to insult or annoy | 3.76 |
156.Exclusion of evidence to contradict answers to questions testing veracity | 3.76 |
157.Question by party to his own witness | 3.77 |
158.Impeaching credit of witness | 3.77 |
159.Questions tending to corroborate evidence of relevant fact, admissible | 3.78 |
160.Former statements of witness may be proved to corroborate later testimony as to same fact | 3.78 |
161.What matters may be proved in connection with proved statement relevant under section 26 or 27 | 3.78 |
162.Refreshing memory | 3.79 |
163.Testimony to facts stated in document mentioned in section 162 | 3.79 |
164.Right of adverse party as to writing used to refresh memory | 3.79 |
165.Production of documents | 3.79 |
166.Giving, as evidence, of document called for and produced on notice | 3.80 |
167.Using, as evidence, of document production of which was refused on notice | 3.80 |
168.Judge’s power to put questions or order production | 3.80 |
169.No new trial for improper admission or rejection of evidence | 3.81 |
170.Repeal and savings | 3.81 |
THE SCHEDULE | 3.82 |