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Criminal Manual (Commercial House) Virag Gupta

  • ISBN : 9789356035843
  • Publisher : Commercial Law Publishers
  • No. of Pages : 840
  • M.R.P : Rs. 945/-
  • Price : Rs.675 /-
  • Price Inclusive of Delivery Charges

Criminal Manual book by Virag Gupta for Commercial House


CONTENTS

Flow Chart xxix-xxx
Comparative table of IPC, 1860 with Bharatiya Nyaya Sanhita, 2023 xxxi – lxvi
Table of Offences and Punishments lxvii – cx

CHAPTER I

PRELIMINARY

1.Short title, commencement and application1.1
2.Definitions1.2
3.General explanations1.7

CHAPTER II

OF PUNISHMENTS

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

CHAPTER III

GENERAL EXCEPTIONS

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

Of Right of Private Defence

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

CHAPTER IV

OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

Of abetment

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

Of Criminal Conspiracy

61.Criminal conspiracy 1.38

Of Attempt

62.Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment 1.39

CHAPTER V

OF OFFENCES AGAINST WOMAN AND CHILD

Of Sexual Offences

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

Of criminal force and assault against woman

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

Of Offence relating to marriage

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

Of causing miscarriage, etc.

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

Of Offences against child

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

CHAPTER VI

OF OFFENCES AFFECTING THE HUMAN BODY

Of Offences affecting life

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.

Of Hurt

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

Of wrongful restraint and wrongful confinement

126.Wrongful restraint 1.82
127.Wrongful confinement 1.83

Of criminal force and assault

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

Of Kidnapping , abduction, slavery and forced labour

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

CHAPTER VII

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

CHAPTER VIII

OF OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE

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

CHAPTER IX

OF OFFENCES RELATING TO ELECTIONS

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

CHAPTER X

OF OFFENCES RELATING TO COIN, CURRENCY-NOTES, BANK-NOTES, AND GOVERNMENT STAMPS

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

CHAPTER XI

OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY

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

CHAPTER XII

OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS

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

CHAPTER XIII

OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS

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

CHAPTER XIV

OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE

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 committed1.139
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 offender1.143
250.Taking gift, etc., to screen an offender from punishment1.144
251.Offering gift or restoration of property in consideration of screening offender1.145
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 ordered1.146
254.Penalty for harbouring robbers or dacoits1.147
255.Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture1.148
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 law1.149
259.Intentional omission to apprehend on part of public servant bound to apprehend1.149
260.Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed1.150
261.Escape from confinement or custody negligently suffered by public servant1.151
262.Resistance or obstruction by a person to his lawful apprehension1.151
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 for1.153
265.Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for1.153
266.Violation of condition of remission of punishment1.143
267.Intentional insult or interruption to public servant sitting in judicial proceeding1.154
268.Personation of assessor1.154
269.Failure by person released on bail bond or bond to appear in Court1.154

CHAPTER XV

OF OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY,CONVENIENCE, DECENCY AND MORALS

270.Public nuisance1.155
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 life1.155
273.Disobedience to quarantine rule1.156
274.Adulteration of food or drink intended for sale1.156
275.Sale of noxious food or drink1.156
276.Adulteration of drugs1.57
277.Sale of adulterated drugs1.157
278.Sale of drug as a different drug or preparation1.158
279.Fouling water of public spring or reservoir1.158
280.Making atmosphere noxious to health1.158
281.Rash driving or riding on a public way1.159
282.Rash navigation of vessel1.159
283.Exhibition of false light, mark or buoy1.159
284.Conveying person by water for hire in unsafe or overloaded vessel1.159
285.Danger or obstruction in public way or line of navigation1.160
286.Negligent conduct with respect to poisonous substance1.160
287.Negligent conduct with respect to fire or combustible matter1.160
288.Negligent conduct with respect to explosive substance1.161
289.Negligent conduct with respect to machinery1.1561
290.Negligent conduct with respect to pulling down, repairing or constructing buildings, etc1.161
291.Negligent conduct with respect to animal1.162
292.Punishment for public nuisance in cases not otherwise provided for1.162
293.Continuance of nuisance after injunction to discontinue1.162
294.Sale, etc., of obscene books, etc.1.163
295.Sale, etc., of obscene objects to child1.164
296.Obscene acts and songs1.165
297.Keeping lottery office1.165

CHAPTER XVI

OF OFFENCES RELATING TO RELIGION

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 beliefs1.166
300.Disturbing religious assembly1.166
301.Trespassing on burial places, etc 1.166
302.Uttering words, etc., with deliberate intent to wound religious feelings of any person 1.167

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of thef

303.Theft 1.167
304.Snatching1.170
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 thef1.171

Of extortion

308.Extortion1.171

Of robbery and dacoity

309.Robbery1.173
310.Dacoity 1.175
311.Robbery, or dacoity, with attempt to cause death or grievous hurt1.176
312.Attempt to commit robbery or dacoity when armed with deadly weapon1.176
313.Punishment for belonging to gang of robbers, etc.1.176

Of criminal misappropriation of property

314.Dishonest misappropriation of property1.177
315.Dishonest misappropriation of property possessed by deceased person at the time of his death1.179

Of criminal breach of trust

316.Criminal breach of trust1.179

Of receiving stolen property

317.Stolen property1.181

Of cheating

318.Cheating1.182
319.Cheating by personation1.184

Of fraudulent deeds and dispositions of property

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 creditors1.185
322.Dishonest or fraudulent execution of deed of transfer containing false statement of consideration1.185
323.Dishonest or fraudulent removal or concealment of property1.186

Of mischief

324.Mischief1.186
325. Mischief by killing or maiming animal1.188
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

Of criminal trespass

329.Criminal trespass and house-trespass 1.191
330.House-trespass and housebreaking1.191
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

CHAPTER XVIII

OF OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS

325.Making a false document1.196
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 genuine1.1200
340.Forged document or electronic record and using it as genuine1.1201
341.Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 3381.1201
342.Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked materia1.1202
343.Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security1.1203
344.Falsification of accounts 1.1203

Of property marks

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 mark1.1205
349.Selling goods marked with a counterfeit property mark 1.1205
350.Making a false mark upon any receptacle containing goods1.1206

CHAPTER XIX

OF CRIMINAL INTIMIDATION, INSULT, ANNOYANCE,DEFAMATION, ETC

351.Criminal intimidation1.1206
352.Intentional insult with intent to provoke breach of peace1.1207
353.Statements conducing to public mischief1.1207
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

Of defamation

356.Defamation1.1210

Of breach of contract to attend on and supply wants of helpless person

357.Breach of contract to attend on and supply wants of helpless person1.1214

CHAPTER XX

REPEAL AND SAVINGS

358.Repeal and savings1.1214

CONTENTS

Flow Chart xxix
Comparative table showing provisions of Code of Criminal Procedure, 1973 and provisions of Bharatiya Nagarik Suraksha Sanhita, 2023 xxxiii

CHAPTER I

PRELIMINARY

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

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

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

CHAPTER III

POWER OF COURTS

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

CHAPTER IV

POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

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

CHAPTER V

ARREST OF PERSONS

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

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.—Summons

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

B.—Warrant of arrest

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

C.—Proclamation and attachmen

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

D.—Other rules regarding processes

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

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

94.Summons to produce document or other thing 2.37
95.Procedure as to letters 2.38

B.—Search-warrants

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

C.—General provisions relating to searches

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

D—Miscellaneous

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

CHAPTER VIII

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

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

CHAPTER IX

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

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

CHAPTER X

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

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

CHAPTER XI

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

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

B.—Public nuisances

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

C.—Urgent cases of nuisance or apprehended danger

163.Power to issue order in urgent cases of nuisance or apprehended danger 2.67

D.—Disputes as to immovable property

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

CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

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

CHAPTER XIII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

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

CHAPTER XIV

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

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

CHAPTER XV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

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

CHAPTER XVI

COMPLAINTS TO MAGISTRATES

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

CHAPTER XVII

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

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

CHAPTER XVIII

THE CHARGE

A.—Form of charges

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

B—Joinder of charges

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

CHAPTER XIX

TRIAL BEFORE A COURT OF SESSION

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

CHAPTER XX

TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

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

B.—Instituted otherwise than on police report2.

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

C.—Conclusion of Trial

271.Acquittal or conviction 2.119
272.Absence of complainant 2.120
273.Compensation for accusation without reasonable cause 2.120

CHAPTER XXI

TRIAL OF SUMMONS-CASES BY MAGISTRATES

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

CHAPTER XXII

SUMMARY TRIALS

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

CHAPTER XXIII

PLEA BARGAINING

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

CHAPTER XXIV

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

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

CHAPTER XXV

EVIDENCE IN INQUIRIES AND TRIALS

Mode of Taking and Recording Evidence

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

CHAPTER XXIII

Commission for the Examination of Witnesses

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

CHAPTER XXIII

Commission for the Examination of Witnesses

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

CHAPTER XXVII

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

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

CHAPTER XXVIII

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

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

CHAPTER XXIX

THE JUDGMENT

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 compensation2.176
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

CHAPTER XXX

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

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

CHAPTER XXXI

APPEALS

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

CHAPTER XXXII

REFERENCE AND REVISION

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

CHAPTER XXXIII

TRANSFER OF CRIMINAL CASES

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

CHAPTER XXXIV

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death sentences

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

B.—Imprisonment

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

C.—Levy of fine

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

D.—General provisions regarding execution

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

E.—Suspension, remission and commutation of sentences

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

CHAPTER XXXV

PROVISIONS AS TO BAIL AND BONDS

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

CHAPTER XXXVI

DISPOSAL OF PROPERTY

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

CHAPTER XXXVII

IRREGULAR PROCEEDINGS

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

CHAPTER XXXVIII

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

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

CHAPTER XXXIX

MISCELLANEOUS

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

THE FIRST SCHEDULE—CLASSIFICATION OF OFFENCES 2.231

THE SECOND SCHEDULE—FORMS 2.291

FORM No. 1 NOTICE FOR APPEARANCE BY THE POLICE2.291
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 ACCUSED2.295
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

CONTENTS

Flow Chart ix
comparative Table showing provisions of indian Evidence act, 1872 and provisions of Bharatiya Sakshya Adhiniyam, 2023xi

PART I

1.Short title, application and commencement 3.1
2.Definitions 3.1

PART II

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

PART III

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

PART IV

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