1. Short title, extent and commencement.—(1) This Act may be called the Code of Criminal 
Procedure, 1973.
(2) It extends to the whole of India 1
***:
Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI 
thereof, shall not apply—
(a) to the State of Nagaland,
(b) to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or any of them to the 
whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, 
incidental or consequential modifications, as may be specified in the notification.
Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st 
day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the 
Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.
(3) It shall come into force on the 1st day of April, 1974.

STATE AMENDMENT

Haryana
In the Code of Criminal Procedure (Haryana Amendment) Act, 2014,-In section 1, after figures 
“2014”, the words “as extended to the Union territory of Chandigarh” shall be inserted;
[Vide Notification No. GSR929(E) dated 16th December, 2019.]

2. Definitions.—In this Code, unless the context otherwise requires,—
(a) “bailable offence” means an offence which is shown as bailable in the First Schedule, or 
which is made bailable by any other law for the time being in force; and “non-bailable offence”
means any other offence;
(b) “charge” includes any head of charge when the charge contains more heads than one;
(c) “cognizable offence” means an offence for which, and “cognizable case” means a case in 
which, a police officer may, in accordance with the First Schedule or under any other law for the time 
being in force, arrest without warrant;
(d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his 
taking action under this Code, that some person, whether known or unknown, has committed an 
offence, but does not include a police report.
Explanation.—A report made by a police officer in a case which discloses, after investigation, the 
commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by 
whom such report is made shall be deemed to be the complainant;
(e) “High Court” means,—
(i) in relation to any State, the High Court for that State;
(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has 
been extended by law, that High Court;
(iii) in relation to any other Union territory, the highest Court of criminal appeal for that 
territory other than the Supreme Court of India;
(f) “India” means the territories to which this Code extends;
(g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate 
or Court;
(h) “investigation” includes all the proceedings under this Code for the collection of evidence 
conducted by a police officer or by any person (other than a Magistrate) who is authorised by a 
Magistrate in this behalf;
(i) “judicial proceeding” includes any proceeding in the course of which evidence is or may be 
legally taken on oath;
(j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the 
Court or Magistrate may exercise all or any of its or his powers under this Code 1
[and such local area 
may comprise the whole of the State, or any part of the State, as the State Government may, by 
notification, specify];
(k) “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be 
a metropolitan area;
(l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a 
case in which, a police officer has no authority to arrest without warrant;
(m) “notification” means a notification published in the Official Gazette;
(n) “offence” means any act or omission made punishable by any law for the time being in force 
and includes any act in respect of which a complaint may be made under section 20 of the Cattletrespass Act, 1871 (1 of 1871);
(o) “officer in charge of a police station” includes, when the officer in charge of the police station 
is absent from the station-house or unable from illness or other cause to perform his duties, the police 
officer present at the station-house who is next in rank to such officer and is above the rank of 
constable or, when the State Government so directs, any other police officer so present;
(p) “place” includes a house, building, tent, vehicle and vessel;
(q) “pleader”, when used with reference to any proceeding in any Court, means a person 
authorised by or under any law for the time being in force, to practise in such Court, and includes any 
other person appointed with the permission of the Court to act in such proceeding;
(r) “police report” means a report forwarded by a police officer to a Magistrate under 
sub-section (2) of section 173;
(s) “police station” means any post or place declared generally or specially by the State 
Government, to be a police station, and includes any local area specified by the State Government in 
this behalf;
(t) “prescribed” means prescribed by rules made under this Code;
(u) “Public Prosecutor” means any person appointed under section 24, and includes any person 
acting under the directions of a Public Prosecutor;
(v) “sub-division” means a sub-division of a district;
(w) “summons-case” means a case relating to an offence, and not being a warrant-case;
1
[(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or 
omission for which the accused person has been charged and the expression “victim” includes his or 
her guardian or legal heir;]
(x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for 
life or imprisonment for a term exceeding two years;
(y) words and expressions used herein and not defined but defined in the Indian Penal Code 
(45 of 1860) have the meanings respectively assigned to them in that Code.

STATE AMENDMENT
Haryana 
In section 2, for the words “State of Haryana”, the words “Union territory of Chandigarh” shall be 
substituted.
[Vide Notification No. GSR929(E) dated 16th December, 2019.]

3. Construction of references.—(1) In this Code,—
(a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the 
context otherwise requires,—
(i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate;
(ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate;
(b) any reference to a Magistrate of the second class shall, in relation to an area outside a 
metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in 
relation to a metropolitan area, as a reference to a Metropolitan Magistrate;
(c) any reference to a Magistrate of the first class shall,—
(i) in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate 
exercising jurisdiction in that area;
(ii) in relation to any other area, be construed as a reference to a Judicial Magistrate of the 
first class exercising jurisdiction in that area;
(d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be 
construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area.
(2) In this Code, unless the context otherwise requires, any reference to the Court of a Judicial 
Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the 
Metropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in any enactment passed before the 
commencement of this Code,—
(a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of 
the first class;
(b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a 
Judicial Magistrate of the second class;
(c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, 
respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistrate;
(d) to any area which is included in a Metropolitan area, as a reference to such metropolitan area, 
and any reference to a Magistrate of the first class or of the second class in relation to such area, shall 
be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area.
(4) Where, under any law, other than this Code, the function exercisable by a Magistrate relate to 
matters,—
(a) which involve the appreciation or sifting of evidence or the formulation of any decision which 
exposes any person to any punishment or penalty or detention in custody pending investigation, 
inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject 
to the provisions of this Code, be exercisable by a Judicial Magistrate; or
(b) which are administrative or executive in nature, such as, the granting of a licence, the 
suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, 
they shall, subject as aforesaid, be exercisable by an Executive Magistrate.
STATE AMENDMENT
Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep
Insertion of New section 3A. —In the Code, as it applies to the Union territory of Andaman and 
Nicobar Islands, after section 3, the following section shall be inserted, namely:—
“3A. Special provision relating to Andaman and Nicobar Islands. —(1) Reference in this Code to—
(a) The Chief Judicial Magistrate shall be construed as references to the District Magistrate or, where 
the State Government so directs, also to the Additional District Magistrate;
(b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first 
class or of the second class, shall be construed as references to such Executive Magistrate as the State 
Government may, be notification in the Official Gazette, specify.
(2) The State Government may, if it is of opinion that adequate number of persons are available for 
appointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of this 
section shall, on and from such day as may be specified in the notification, cease to be in force and different 
dates may be specified for different islands.
(3) On the cesser of operation of the provisions of this section, every inquiry or trial pending, immediately 
before such cesser, before the District Magistrate or Additional District Magistrate or any Executive 
Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached 
before, such cesser, by such Judicial Magistrate as the State Government may specify in this behalf.”.
[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 3.]

4. Trial of offences under the Indian Penal Code and other laws.—(1) All offences under the 
Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with 
according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt 
with according to the same provisions, but subject to any enactment for the time being in force regulating 
the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.

5. Saving.—Nothing contained in this Code shall, in the absence of a specific provision to the 
contrary, affect any special or local law for the time being in force, or any special jurisdiction or power 
conferred, or any special form of procedure prescribed, by any other law for the time being in force.
 

6. Classes of Criminal Courts.—Besides the High Courts and the Courts constituted under any law, 
other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:—
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.

7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions 
divisions; and every sessions divisions shall, for the purposes of this Code, be a district or consist of 
districts:
Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and 
district.
(2) The State Government may, after consultation with the High Court, alter the limits or the number 
of such divisions and districts.
(3) The State Government may, after consultation with the High Court, divide any district into subdivisions and may alter the limits or the number of such sub-divisions.
(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this 
Code, shall be deemed to have been formed under this section.

8. Metropolitan areas.—(1) The State Government may, by notification, declare that, as from such 
date as may be specified in the notification, any area in the State comprising a city or town whose 
population exceeds one million shall be a metropolitan area for the purposes of this Code.
(2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and 
Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a 
metropolitan area.
(3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan 
area but the reduction or alteration shall not be so made as to reduce the population of such area to less 
than one million.
(4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan 
area, the population of such area falls below one million, such area shall, on and from such date as the 
State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but 
notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before 
any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had 
not taken place.
(5) Where the State Government reduces or alters, under sub-section (3), the limits of any 
metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending
immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, 
trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not 
taken place.
Explanation.—In this section, the expression “population” means the population as 
ascertained at the last preceding census of which the relevant figures have been published.

STATE AMENDMENT
Delhi
In its application to the National Capital Territory of Delhi, in section 8,—
(a) in sub-section (1), for the words “a city or town”, substitute “a city or town or part thereof”;
(b) for sub-section (3), substitute the following sub-section, namely:—
“(3) The State Government may, by notification divide a metropolitan area into two or more such 
areas or extend or reduce or alter the limits of a metropolitan area:
Provided that—
(a) the division of metropolitan area shall not be so made as to result in the population of any of the 
areas into which it has been divided being less than one million; and
(b) the reduction or alteration of metropolitan area shall not be so made as to reduce the population 
of such area to less than one million.”;
(c) after sub-section (4), insert the following sub-section, namely: —
“(4-A) Where any metropolitan area is divided under sub-section (3), the High Court may issue such 
directions as it deems fit with respect to the disposal of the proceedings pendings immediately before such 
division before any Magistrate or court having jurisdiction in respect of such area.”
[Vide Delhi Act 9 of 2011, s. 2.]

9. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions 
division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to 
exercise jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an 
Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at 
such place or places in the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the 
disposal of any urgent application which is, or may be, made or pending before such Court of Session by 
an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a 
Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have 
jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court 
may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will 
tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the 
sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the 
disposal of the case or the examination of any witness or witnesses therein.
Explanation.—For the purposes of this Code, “appointment” does not include the first appointment, 
posting or promotion of a person by the Government to any Service, or post in connection with the affairs of 
the Union or of a State, where under any law, such appointment, posting or promotion is required to be 
made by Government.

STATE AMENDMENT
West Bengal.—
To sub-section (3) of section 9 of the principal Act, the following provisos shall be added:—
Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions 
Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of 
the Sessions Judges are situated, exercising jurisdiction in a Court of Session, shall have all the powers of 
the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that 
sub-division, for the purposes of sub-section (7) of session 116, sections 193 and 194, clause (a) of 
section 209 and sections 409, 439 and 449:
Provided further that the above powers shall not be in derogation of the powers otherwise exercisable 
by an Additional Sessions Judge or a Sessions Judge under this Code.”.
[Vide West Bengal Act, 24 of 1988, s. 3.]
Orissa
Amendment of section 9.-In Section 9 of the Code of Criminal Procedure, 1973 (2 of 1974)
(hereinafter referred to as the principal Act), to sub-section (3), the following provisions shall be added, 
namely:—
 “Provided that notwithstanding anything to the contrary contained in this Code, an Additional 
Sessions Judge in a district or subdivision, other than the district or subdivision, by whatever name called, 
wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Sessions 
shall have all the powers of the Sessions Judge under this Code, in respect of the cases and the 
proceedings in the Criminal Courts in that district or subdivision for the purposes of sub-section (7) of 
section 116, sections 193 and 194, clause (a) of section 209 and sections 409 and 449:
Provided further that the above powers shall be not be in derogation of the powers otherwise 
exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.”
[Vide Orissa Act 6 of 2004, s. 2]

10. Subordination of Assistant Sessions Judges.—(1) All Assistant Sessions Judges shall be 
subordinate to the Sessions Judge in whose Court they exercise jurisdiction.
(2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the 
distribution of business among such Assistant Sessions Judges.
(3) The Sessions Judge may also make provision for the disposal of any urgent application, in the 
event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no 
Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or 
Magistrate shall be deemed to have jurisdiction to deal with any such application.

11. Courts of Judicial Magistrates.—(1) In every district (not being a metropolitan area) there shall 
be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such 
places, as the State Government may, after consultation with the High Court, by notification, specify:
1
[Provided that the State Government may, after consultation with the High Court, establish, for any 
local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try 
any particular case or particular class of cases, and where any such Special Court is established, no other 
Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of 
which such Special Court of Judicial Magistrate has been established.]
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of 
a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the 
State, functioning as a Judge in a Civil Court.

STATE AMENDMENT

Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep
In the Code, as it applies to the Union Territories to which this regulation extends, in sub-section (3) of 
section 11, for the words “any member of the judicial service of the state functioning as a judge in a civil 
court”, the words “any person discharging the functions of a civil court”, shall be substituted.
[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 4.]

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every 
district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class 
to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief 
Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate 
under this Code or under any other law for the time being in force as the High Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as 
the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as 
occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial 
Magistrate shall also have and exercise, such powers of supervision and control over the work of the 
Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High 
Court may, by general or special order, specify in this behalf.

13. Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State 
Government so to do, confer upon any person who holds or has held any post under the Government, all 
or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1
[of the first 
class or of the second class, in respect to particular cases or to particular classes of cases, in any local 
area, not being a metropolitan area:]
Provided that no such power shall be conferred on a person unless he possesses such qualification or 
experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, 
not exceeding one year at a time, as the High Court may, by general or special order, direct.
2
[(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a 
Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.]

STATE AMENDMENT

Assam
For section 13 of the Code, the following shall be substituted, namely:—
“13. (1) The State Government may appoint as may persons as it thinks fit to be sub divisional 
Magistrates in any district in the State of Assam. 
(2) The State Government, or subject to the control of the State Government, the District Magistrate 
may place one or more Sub divisional Magistrates in charge of a subdivision”.
[Vide Assam Act 13 of 1964, s. 2.]

Himachal Pradesh
Amendment of Section 13.— in Sub-section (1) of section 13 of the Code of Criminal Procedure, 
1973 (2 of 1974) in its application to the State of Himachal Pradesh for the words “in any district” the 
words “in any local area” shall be substituted.
[Vide Himachal Pradesh Act 40 of 1976, s. 2.]

14. Local jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the 
Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the 
Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with 
which they may respectively be invested under this Code:
1
[Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the 
local area for which it is established.]
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such 
Magistrate shall extend throughout the district.
2
[(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or 
section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which 
he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or 
the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his
local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of 
Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising 
jurisdiction in relation to the said district or metropolitan area.]

15. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be 
subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control 
of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent 
with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him

16. Courts of Metropolitan Magistrates.—(1) In every metropolitan area, there shall be established 
as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after 
consultation with the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by the High Court. 
(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the 
metropolitan area

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.—(1) The High 
Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan 
Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan 
Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate 
under this Code or under any other law for the time being in force as the High Court may direct.

18. Special Metropolitan Magistrates.—(1) The High Court may, if requested by the Central or State 
Government so to do, confer upon any person who holds or has held any post under the Government, all 
or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in 
respect to particular cases or to particular classes of cases 3
*** , in any metropolitan area within its local 
jurisdiction:
Provided that no such power shall be conferred on a person unless he possesses such qualification or 
experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such 
term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
4
[(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan 
Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first 
class.]

19. Subordination of Metropolitan Magistrates.—(1) The Chief Metropolitan Magistrate and every 
Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other 
Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the 
Chief Metropolitan Magistrate.
(2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, 
of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate.
(3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, 
consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to 
the allocation of business to an Additional Chief Metropolitan Magistrate

20. Executive Magistrates.—(1) In every district and in every metropolitan area, the State 
Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint 
one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional District 
Magistrate, and such Magistrate shall have 1
[such] of the powers of a District Magistrate under this Code 
or under any other law for the time being in force 2
[as may be directed by the State Government].
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer 
succeeds temporarily to the executive administration of the district, such officer shall, pending the orders 
of the State Government, exercise all the powers and perform all the duties respectively conferred and 
imposed by this Code on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division and may 
relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division 
shall be called the Sub-divisional Magistrate. 
3
[(4A) The State Government may, by general or special order and subject to such control and 
directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District 
Magistrate.]
(5) Nothing in this section shall preclude the State Government from conferring, under any law for 
the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate 
in relation to a metropolitan area

21. Special Executive Magistrates.—The State Government may appoint, for such term as it may 
think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for 
the performance of particular functions and confer on such Special Executive Magistrates such of the 
powers as are conferrable under this Code on Executive Magistrates, as it may deem fit

22. Local Jurisdiction of Executive Magistrates.—(1) Subject to the control of the State 
Government, the District Magistrate may, from time to time, define the local limits of the areas within
which the Executive Magistrates may exercise all or any of the powers with which they may be invested 
under this Code.
(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such 
Magistrate shall extend throughout the district.

23. Subordination of Executive Magistrates.—(1) All Executive Magistrates, other than the 
Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive 
Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be 
subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District 
Magistrate.
(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with
this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to 
the allocation of business to an Additional District Magistrate.

24. Public Prosecutors.—(1) For every High Court, the Central Government or the State 
Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also 
appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal 
or other proceeding on behalf of the Central Government or State Government, as the case may be.
(2) The Central Government may appoint one or more Public Prosecutors for the purpose of 
conducting any case or class of cases in any district or local area.
(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint 
one or more Additional Public Prosecutors for the district:
Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be 
appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another 
district.
(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of 
persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors 
for the district.
(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional 
Public Prosecutor for the district unless his name appears in the panel of names prepared by the District 
Magistrate under sub-section (4).
(6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular 
Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional 
Public Prosecutor only from among the persons constituting such Cadre:
Provided that where, in the opinion of the State Government, no suitable person is available in such 
Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional 
Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under 
sub-section (4).
2
[Explanation.—For the purposes of this sub-section,—
(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which 
includes therein the post of a Public Prosecutor, by whatever name called, and which provides for 
promotion of Assistant Public Prosecutors, by whatever name called, to that post;
(b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the 
functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor 
under this Code.]
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public 
Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has 
been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any case or 
class of cases, a person who has been in practice as an advocate for not less than ten years as a Special 
Public Prosecutor:
3
[Provided that the Court may permit the victim to engage an advocate of his choice to assist the 
prosecution under this sub-section.]
(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been 
in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service 
as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other 
Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person 
has been in practice as an advocate.
STATE AMENDMENT
Karnataka
Amendment of section 24.- In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of 
1974) (hereinafter referred to as the principal Act) in sub-section (1),—
(i) the words and punctuation mark “or the State Government shall”, shall be omitted; and
(ii) for the words “appoint a Public Prosecutor” the words “or the State Government shall appoint a 
Public Prosecutor” shall be substituted.
[Vide Karnataka Act 20 of 1982, s. 2.]
Maharashtra 
Amendment of section 24.- In Section 24 of the Code of Criminal Procedure, 1973, (2 of 1974) in its 
application to the State of Maharashtra:—
(a) in sub-section (6), the proviso shall be deleted;
(b) after sub-section (6), the following sub-section shall be inserted, namely:—
“(6-A) Notwithstanding anything contained in sub-section (6), the State Government may, subject to 
the provisions of sub-sections (4) and (5), appoint a person who has been in practice as an advocate for 
not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district.”.
[Vide Maharashtra Act 33 of 2014, s. 2.]
Madhya Pradesh 
Amendment of Section 24.—In Section 24 of the principal Act.—
(i) in sub-section (6), for the words, “brackets and figure “Notwithstanding anything contained in 
sub-section (5)”, the words, brackets, letter and figures “Notwithstanding anything contained in 
sub-section (5), but subject to the provisions of sub-section (6-A)” shall be substituted and shall be 
deemed to have been substituted with effect from 18th December, 1978;
(ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been 
inserted with effect from 18th December, 1978, namely:—
“(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a 
person who has been in practice as an advocate for not less than seven years as the Public Prosecutor 
or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public 
Prosecutor or Additional Public Prosecutor for the district from among the person constituting the 
Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) 
and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this 
sub-section”;
(iii) in sub-section (7), after the words, bracket and figure “sub-section (6)”, the words, brackets, 
figure and letter “or sub-section (6-A)” shall be inserted and shall be deemed to have been inserted with 
effect from 18th December, 1978; and
(iv) in sub-section (9), for the words, brackets and figure, “sub-section (7)”, the words, brackets, 
figures and letter “sub-section (6-A) and sub-section (7)” shall be substituted and shall be deemed to have 
been substituted with effect from 18th December, 1978.
[Vide Madhya Pradesh Act 21 of 1995, s. 3.]
West Bengal
In Sub-section (6) of section 24 of the principal Act, for the words “shall appoint a Public Prosecutor 
or an Additional Public Prosecutor only”, the words “may also appoint a Public Prosecutor or an 
Additional Public Prosecutor” shall be substituted.
[Vide West Bengal Act 26 of 1990, s. 3.]
West Bengal 
In sub-section (6) of section 24 of the principal Act, the proviso shall be omitted.
[Vide West Bengal Act 25 of 1992, s. 3.]
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 24.— After sub-section (6), insert the following sub-section, namely:—
“(6A).–Notwithstanding anything contained in sub-section (1) and sub-section (6), the
Government of the Union territory of Jammu and Kashmir may appoint a person who has been in
practice as an Advocate for not less than seven years as Public Prosecutor or Additional Public
Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public 
Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and 
Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person 
constituting the cadre of Prosecution for the State of Jammu and Kashmir.”
[vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide 
notification No. S.O. 1123(E) dated (18-3-2020).]

25. Assistant Public prosecutors.—(1) The State Government shall appoint in every district one or 
more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
1
[(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the 
purpose of conducting any case or class of cases in the Courts of Magistrates.]
(2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as 
an Assistant Public Prosecutor.
(3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the 
District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that 
case:
Provided that a police officer shall not be so appointed—
(a) if he has taken any part in the investigation into the offence with respect to which the accused is 
being prosecuted; or
(b) if he is below the rank of Inspector.
STATE AMENDMENT
Orissa
Amendment of section 25.—In section 25 of the Code of Criminal Procedure, 1973 (2 of 1974)
(hereinafter referred to as the said Code), to sub-section (2), the following proviso shall be inserted, 
namely:—
“Provided that nothing in this sub-section shall be construed, to prohibit the State Government from 
exercising its control over Assistant Public Prosecutors through police officers.”
[Vide Orissa Act 6 of 1995, s. 2]
1
[25A. Directorate of Prosecution.—(1) The State Government may establish a Directorate of 
Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it 
thinks fit.
(2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of 
Prosecution, only if he has been in practice as an advocate for not less than ten years and such 
appointment shall be made with the concurrence of the Chief Justice of the High Court.
(3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall 
function under the administrative control of the Head of the Home Department in the State.
(4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution.
(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed 
by the State Government under sub-section (1), or as the case may be, sub-section (8), of section 24 to 
conduct cases in the High Court shall be subordinate to the Director of Prosecution.
(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed 
by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to 
conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of 
section 25 shall be subordinate to the Deputy Director of Prosecution.
(7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution 
and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as 
the State Government may, by notification, specify.
(8) The provisions of this section shall not apply to the Advocate General for the State while 
performing the functions of a Public Prosecutor.]
STATE AMENDMENT
Karnataka
In section 25A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), —
(a) for sub-section (2), the following shall be substituted, namely:—“(2) The post of Director of 
prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in 
accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978 
(Karnataka Act 14 of 1990).”
(b) for sub-section (5), the following shall be substituted, namely:—“(5) Every Public Prosecutor, 
Additional Public Prosecutor appointed by the State Government from the cadre of Prosecutors recruited 
under the recruitment rules framed by the Government under the Karnataka State Civil Services Act, 1978 
hall be subordinate to the Director of Prosecution and Government litigations and every Public Prosecutor, 
Additional Prosecutor and Special Prosecutor appointed under sub-section (8) of section 24 shall be 
subordinate to the Advocate General.”
(c) in sub-section (6), for the words “Deputy Director of Prosecution, the words “Director of Prosecution”
shall be substituted.
[Vide Karnataka Act 39 of 2012, s. 2]
Madhya Pradesh
Substitution of Section 25A.—For section 25A of the principal Act, the following section shall be 
substituted, namely: —
“25A. Directorate of Prosecution.—(1) The State Government may establish a Directorate of 
Prosecution consisting of a Director of Prosecution and as many Additional Directors of Prosecution, 
Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution 
and such other posts as it thinks fit.
(2) The post of Director of Prosecution, Additional Directors of Prosecution, Joint Directors of 
Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and other post shall 
be filled in accordance with the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment 
Rules, 1991, as amended from time to time.
(3) The head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function 
under the administrative control of the head of the Home Department in the State.
(4) Every Additional Director of Prosecution, Joint Director of Prosecution, Deputy Director of 
Prosecution and Assistant Director of Prosecution and other posts specified in sub-section (2) shall be 
subordinate to the Director of Prosecution.
(5) Every Public Prosecutor and Additional Public Prosecutor appointed under the Madhya Pradesh 
Public Prosecution (Gazetted) Service Recruitment Rules, 1991, shall be subordinate to the Director of 
Prosecution and every Public Prosecutor and Additional Public Prosecutor appointed under 
sub-section (1) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) of 
Section 24 to conduct cases in the High Court shall be subordinate to the Advocate General.
(6) Every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (3) of 
Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct 
cases in District Courts shall be subordinate to the District Magistrate.
(7) The powers and functions of the Director of Prosecution shall be such as the State Government 
may, by notification, specify.”.
[Vide Madhya Pradesh Act 18 of 2014, s. 3.]
 

STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Section 25A.-(i) for sub-sections (1) and (2), substitute–
(1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of 
Prosecution consisting of a Director General of Prosecution and such other officers, as may be 
provided in rules to be framed by the said Government; and
(2) The Post of Director General of Prosecution and all other officers, constituting the prosecution 
cadre, shall be filled in accordance with the rules to be framed by the said Government.
(ii) in sub-section (3), substitute “Director of Prosecution” with “Director General of 
Prosecution”;
(iii) for sub-section (4), substitute “(4) subject to the control of the Director General of 
Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director.”
(iv) substitute sub-section (5),–
“Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor
appointed by the Government of the Union territory of Jammu and Kashmir under subsection
(1), or the case may be under sub-section (8) of section 24 to conduct cases in the High Court 
shall be subordinate to the Advocate General.”;
(v) for sub-section (7), substitute–
“(7) The powers and functions of the Director General of Prosecution and other officers of the 
prosecution cadre shall be such as may be provided by the rules”.
[vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide 
notification No. S.O. 1123(E) dated (18-3-2020).]

26. Courts by which offences are triable.—Subject to the other provisions of this Code,—
(a) any offence under the Indian Penal Code (45 of 1860) may be tried by
(i) the High Court, or
(ii) the Court of Session, or
(iii) any other Court by which such offence is shown in the First Schedule to be triable:
1
[Provided that any 2
[offence under section 376, 3
[section 376A, section 376AB, section 376B, 
section 376C, section 376D, section 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 
1860)] shall be tried as far as practicable by a Court presided over by a woman.] 
(b) any offence under any other law shall, when any Court is mentioned in this behalf in such 
law, be tried by such Court and when no Court is so mentioned, may be tried by—
(i) the High Court, or
(ii) any other Court by which such offence is shown in the First Schedule to be triable.

27. Jurisdiction in the case of juveniles.—Any offence not punishable with death or imprisonment 
for life, committed by any person who at the date when he appears or is brought before the Court is under 
the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court 
specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in 
force providing for the treatment, training and rehabilitation of youthful offenders.

28. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any 
sentence authorised by law.
(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any
sentence of death passed by any such Judge shall be subject to confirmation by the High Court.
(3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death 
or of imprisonment for life or of imprisonment for a term exceeding ten years.

29. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass 
any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment 
for a term exceeding seven years.
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not 
exceeding three years, or of fine not exceeding 1
[ten thousand rupees], or of both.
(3) The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not 
exceeding one year, or of fine not exceeding 2
[five thousand rupees], or of both.
(4) The Court of a Chief Metropolitan Magistrate shall have the powers of the Court of a Chief 
Judicial Magistrate and that of a Metropolitan Magistrate, the powers of the Court of a Magistrate of the 
first class.

30. Sentence of imprisonment in default of fine.—(1) The Court of a Magistrate may award such 
term of imprisonment in default of payment of fine as is authorised by law:
Provided that the term—
(a) is not in excess of the powers of the Magistrate under section 29;
(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed 
one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for 
the offence otherwise than as imprisonment in default of payment of the fine.
(2) The imprisonment awarded under this section may be in addition to a substantive sentence of 
imprisonment for the maximum term awardable by the Magistrate under section 29.

31. Sentence in cases of conviction of several offences at one trial.—(1) When a person is convicted at 
one trial of two or more offences, the Court may, subject to the provisions of section 71 of the Indian Penal 
Code (45 of 1860), sentence him for such offences, to the several punishments prescribed therefor which such 
Court is competent to inflict; such punishments when consisting of imprisonment to commence the one after 
the expiration of the other in such order as the Court may direct, unless the Court directs that such punishments 
shall run concurrently. 
(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the 
aggregate punishment for the several offences being in excess of the punishment which it is competent to 
inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided that—
(a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen 
years; 
(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court 
is competent to inflict for a single offence.
(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences 
passed against him under this section shall be deemed to be a single sentence. 

32. Mode of conferring powers.—(1) In conferring powers under this Code, the High Court or the 
State Government, as the case may be, may, by order, empower persons specially by name or in virtue of 
their offices or classes of officials generally be their official titles. 
(2) Every such order shall take effect from the date on which it is communicated to the person so 
empowered.

33. Powers of officers appointed.—Whenever any person holding an office in the service of 
Government who has been invested by the High Court or the State Government with any powers under 
this Code throughout any local area is appointed to an equal or higher office of the same nature, within a 
like local area under the same State Government, he shall, unless the High Court or the State Government, 
as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local 
area in which he is so appointed. 

34. Withdrawal of powers.—(1) The High Court or the State Government, as the case may be, may 
withdraw all or any of the powers conferred by it under this Code on any person or by any officer
subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be 
withdrawn by the respective Magistrate by whom such powers were conferred.

35. Powers of Judges and Magistrates exercisable by their successors-in-office.—(1) Subject to 
the other provisions of this Code, the powers and duties of a Judge or Magistrate may be exercised or 
performed by his successor-in-office.
(2) When there is any doubt as to who is the successor-in-office of any Additional or Assistant 
Sessions Judge, the Sessions Judge shall determine by order in writing the Judge who shall, for the 
purposes of this Code or of any proceedings or order thereunder, be deemed to be the successor-in-office 
of such Additional or Assistant Sessions Judge. 
(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial 
Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the 
Magistrate who shall, for the purpose of this Code or of any proceedings or order thereunder, be deemed 
to be the successor-in-office of such Magistrate.

36. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of 
a police station may exercise the same powers, throughout the local area to which they are appointed, as 
may be exercised by such officer within the limits of his station.

37. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or 
police officer reasonably demanding his aid—
(a) in the taking or preventing the escape of any other person whom such Magistrate or police 
officer is authorised to arrest; or
(b) in the prevention or suppression of a breach of the peace; or
(c) in the prevention of any injury attempted to be committed to any railway, canal, telegraph or 
public property.

38. Aid to person, other than police officer, executing warrant.—When a warrant is directed to a 
person other than a police officer, any other person may aid in the execution of such warrant, if the person 
to whom the warrant is directed be near at hand and acting in the execution of the warrant.

39. Public to give information of certain offences.—(1) Every person, aware of the commission of, 
or of the intention of any other person to commit, any offence punishable under any of the following 
sections of the Indian Penal Code (45 of 1860), namely:—
(i) sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the State specified 
in Chapter VI of the said Code);
(ii) sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity 
specified in Chapter VIII of the said Code);
(iii) sections 161 to 165A, both inclusive (that is to say, offences relating to illegal 
gratification);
(iv) sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food 
and drugs, etc.);
(v) sections 302, 303 and 304 (that is to say, offences affecting life);
1
[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc.);]
(vi) section 382 (that is to say, offence of theft after preparation made for causing death, hurt or 
restraint in order to the committing of the theft);
(vii) sections 392 to 399, both inclusive, and section 402 (that is to say, offences of robbery 
and dacoity);
(viii) section 409 (that is to say, offence relating to criminal breach of trust by public servant, 
etc.);
(ix) sections 431 and 439, both inclusive (that is to say, offences of mischief against property);
(x) sections 449 and 450 (that is to say, offence of house trespass);
(xi) sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and 
(xii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes 
and bank notes),
shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the 
person so aware, forthwith give information to the nearest Magistrate or police officer of such 
commission or intention.
(2) For the purposes of this section, the term “offence” includes any act committed at any place out 
of India which would constitute an offence if committed in India.

40. Duty of officers employed in connection with the affairs of a village to make certain 
report.—(1) Every officer employed in connection with the affairs of a village and every person residing 
in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest 
police station, whichever is nearer, any information which he may possess respecting—
(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property 
in or near such village;
(b) the resort to any place within, or the passage through, such village of any person whom he 
knows, or reasonably suspects, to be a thug, robber, escaped convict or proclaimed offender;
(c) the commission of, or intention to commit, in or near such village any non-bailable offence or 
any offence punishable under section 143, section 144, section 145, section 147, or section 148 of the 
Indian Penal Code (45 of 1860);
(d) the occurrence in or near such village of any sudden or unnatural death or of any death under 
suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in 
circumstances which lead to a reasonable suspicion that such a death has occurred or the 
disappearance from such village of any person in circumstances which lead to a reasonable suspicion 
that a non-bailable offence has been committed in respect of such person;
(e) the commission of, or intention to commit, at any place out of India near such village any act 
which, if committed in India, would be an offence punishable under any of the following sections of 
the Indian Penal Code (45 of 1860), namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to 399 
(both inclusive), 402, 435, 436, 449, 450, 457 to 460 (both inclusive), 489A, 489B, 489C and 489D;
(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of 
person or property respecting which the District Magistrate, by general or special order made with the 
previous sanction of the State Government, has directed him to communicate information.
(2) In this section,—
(i) “village” includes village-lands;
(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any 
Court or authority in any territory in India to which this Code does not extend, in respect of any act 
which if committed in the territories to which this Code extends, would be an offence punishable 
under any of the following sections of the Indian Penal Code (45 of 1860), namely, 302, 304, 382, 
392 to 399 (both inclusive), 402, 435, 436, 449, 450 and 457 to 460 (both inclusive);
(iii) the words “officer employed in connection with the affairs of the village” means a member
of the panchayat of the village and includes the headman and every officer or other person appointed 
to perform any function connected with the administration of the village.

41. When police may arrest without warrant.—(1) Any police officer may without an order from a 
Magistrate and without a warrant, arrest any person—
1
[(a) who commits, in the presence of a police officer, a cognizable offence;
(b) against whom a reasonable complaint has been made, or credible information has been 
received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with 
imprisonment for a term which may be less than seven years or which may extend to seven years 
whether with or without fine, if the following conditions are satisfied, namely:—
(i) the police officer has reason to believe on the basis of such complaint, information, or 
suspicion that such person has committed the said offence;
(ii) the police officer is satisfied that such arrest is necessary—
(a) to prevent such person from committing any further offence; or
(b) for proper investigation of the offence; or
(c) to prevent such person from causing the evidence of the offence to disappear or 
tampering with such evidence in any manner; or
(d) to prevent such person from making any inducement, threat or promise to any person 
acquainted with the facts of the case so as to dissuade him from disclosing such facts to the 
Court or to the police officer; or
(e) as unless such person is arrested, his presence in the Court whenever required cannot 
be ensured,
and the police officer shall record while making such arrest, his reasons in writing:
2
[Provided that a police officer shall, in all cases where the arrest of a person is not required under 
the provisions of this sub-section, record the reasons in writing for not making the arrest.];
(ba) against whom credible information has been received that he has committed a cognizable 
offence punishable with imprisonment for a term which may extend to more than seven years whether 
with or without fine or with death sentence and the police officer has reason to believe on the basis of 
that information that such person has committed the said offence;]
(c) who has been proclaimed as an offender either under this Code or by order of the State 
Government; or
(d) in whose possession anything is found which may reasonably be suspected to be stolen 
property and who may reasonably be suspected of having committed an offence with reference to 
such thing; or
(e) who obstructs a police officer while in the execution of his duty, or who has escaped, or 
attempts to escape, from lawful custody; or
(f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or
(g) who has been concerned in, or against whom a reasonable complaint has been made, or 
credible information has been received, or a reasonable suspicion exists, of his having been 
concerned in, any act committed at any place out of India which, if committed in India, would 
have been punishable as an offence, and for which he is, under any law relating to extradition, or 
otherwise, liable to be apprehended or detained in custody in India; or
(h) who, being a released convict, commits a breach of any rule made under sub-section (5) of 
section 356; or
(i) for whose arrest any requisition, whether written or oral, has been received from another 
police officer, provided that the requisition specifies the person to be arrested and the offence or other 
cause for which the arrest is to be made and it appears therefrom that the person might lawfully be 
arrested without a warrant by the officer who issued the requisition.
1
[(2) Subject to the provisions of section 42, no person concerned in a non-cognizable offence or 
against whom a complaint has been made or credible information has been received or reasonable 
suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a 
Magistrate.]

41A. Notice of appearance before police officer.—(1) 3
[The police officer shall], in all cases 
where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a 
notice directing the person against whom a reasonable complaint has been made, or credible information 
has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear 
before him or at such other place as may be specified in the notice.
(2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the 
terms of the notice.
(3) Where such person complies and continues to comply with the notice, he shall not be arrested in 
respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of 
the opinion that he ought to be arrested.
4
[(4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to 
identify himself, the police officer may, subject to such orders as may have been passed by a competent 
Court in this behalf, arrest him for the offence mentioned in the notice.

41B. Procedure of arrest and duties of officer making arrest.—Every police officer while making 
an arrest shall—
(a) bear an accurate, visible and clear identification of his name which will facilitate easy 
identification;
(b) prepare a memorandum of arrest which shall be—
(i) attested by at least one witness, who is a member of the family of the person arrested or a 
respectable member of the locality where the arrest is made;
(ii) countersigned by the person arrested; and
(c) inform the person arrested, unless the memorandum is attested by a member of his family, that 
he has a right to have a relative or a friend named by him to be informed of his arrest.

41C. Control room at districts.—(1) The State Government shall establish a police control room—
(a) in every district; and
(b) at State level.
(2) The State Government shall cause to be displayed on the notice board kept outside the control rooms at 
every district, the names and addresses of the persons arrested and the name and designation of the police 
officers who made the arrests.
(3) The control room at the Police Headquarters at the State level shall collect from time to time, details 
about the persons arrested, nature of the offence with which they are charged and maintain a database for the 
information of the general public.

41D. Right of arrested person to meet an advocate of his choice during interrogation.—When any 
person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during 
interrogation, though not throughout interrogation.

42. Arrest on refusal to give name and residence.—(1) When any person who, in the presence of a 
police officer, has committed or has been accused of committing a non-cognizable offence refuses, on demand
of such officer, to give his name and residence or gives a name or residence which such officer has reason to 
believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
(2) When the true name and residence of such person have been ascertained, he shall be released on his 
executing a bond, with or without sureties, to appear before a Magistrate if so required:
Provided that, if such person is not resident in India, the bond shall be secured by a surety or sureties 
resident in India.
(3) Should the true name and residence of such person not be ascertained within twenty-four hours from 
the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he shall 
forthwith be forwarded to the nearest Magistrate having jurisdiction.

43. Arrest by private person and procedure on such arrest.—(1) Any private person may arrest or 
cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any 
proclaimed offender, and, without unnecessary delay, shall make over or cause to be made over any person so 
arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in 
custody to the nearest police station.
(2) If there is reason to believe that such person comes under the provisions of section 41, a police officer 
shall re-arrest him.
(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the 
demand of a police officer to give his name and residence, or gives a name or residence which such officer has 
reason to believe to be false, he shall be dealt with under the provisions of section 42; but if there is no 
sufficient reason to believe that he has committed any offence, he shall be at once released.

44. Arrest by Magistrate.—(1) When any offence is committed in the presence of a Magistrate, whether 
Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the 
offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to 
custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his 
presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the 
circumstances to issue a warrant.

45. Protection of members of the Armed Forces from arrest.—(1) Notwithstanding anything contained 
in sections 41 to 44 (both inclusive), no member of the Armed Forces of the Union shall be arrested for 
anything done or purported to be done by him in the discharge of his official duties except after obtaining the 
consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to 
such class or category of the members of the Force charged with the maintenance of public order as may be 
specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if 
for the expression “Central Government” occurring therein, the expression “State Government” were substituted.

46. Arrest how made.—(1) In making an arrest the police officer or other person making the same shall 
actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by 
word or action:
1
[Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her 
submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances 
otherwise require or unless the police officer is a female, the police officer shall not touch the person of the 
woman for making her arrest.]
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police 
officer or other person may use all means necessary to effect the arrest.
(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence 
punishable with death or with imprisonment for life.
1
[(4) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and 
where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain 
the prior permission of the Judicial Magistrate of the first class within whose local jurisdiction the offence is 
committed or the arrest is to be made.]

47. Search of place entered by person sought to be arrested.—(1) If any person acting under warrant of 
arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has 
entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand 
of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all 
reasonable facilities for a search therein.
(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a 
person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without 
affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search 
therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of 
any house or place, whether that of the person to be arrested or of any other person, if after notification of his 
authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that, if any such place is an apartment in the actual occupancy of a female (not being the persons 
to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before 
entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every 
reasonable facility for withdrawing, and may then break open the apartment and enter it.
(3) Any police officer or other person authorised to make an arrest may break open any outer or inner 
door or window of any house or place in order to liberate himself or any other person who, having lawfully 
entered for the purpose of making an arrest, is detained therein.

48. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting 
without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

49. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is 
necessary to prevent his escape

50. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police officer 
or other person arresting any person without warrant shall forthwith communicate to him full particulars of the 
offence for which he is arrested or other grounds for such arrest.
(2) Where a police officer arrests without warrant any person other than a person accused of a non-bailable 
offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for 
sureties on his behalf.

50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.—(1) 
Every police officer or other person making any arrest under this Code shall forthwith give the information 
regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such 
other persons as may be disclosed or nominated by the arrested person for the purpose of giving such 
information.
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he is 
brought to the police station.
(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be 
kept in the police station in such form as may be prescribed in this behalf by the State Government.
(4) It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the 
requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.

51. Search of arrested person.—(1) Whenever a person is arrested by a police officer under a warrant which 
does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person 
arrested cannot furnish bail, and
whenever a person is arrested without warrant, or by a private person under a warrant, and cannot legally be 
admitted to bail, or is unable to furnish bail,
the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he 
makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary 
wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the 
articles taken in possession by the police officer shall be given to such person.
(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with 
strict regard to decency

52. Power to seize offensive weapons.—The officer or other person making any arrest under this Code may 
take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so 
taken to the Court or officer before which or whom the officer or person making the arrest is required by this Code 
to produce the person arrested.

53. Examination of accused by medical practitioner at the request of police officer.—(1) When a person is 
arrested on a charge of committing an offence of such a nature and alleged to have been committed under such 
circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to 
the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of a police 
officer not below the rank of sub-inspector, and for any person acting in good faith in his aid and under his direction, to 
make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may 
afford such evidence, and to use such force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined under this section, the examination shall be made only 
by, or under the supervision of, a female registered medical practitioner.
1
[Explanation.—In this section and in sections 53A and 54,—
(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual 
offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific 
techniques including DNA profiling and such other tests which the registered medical practitioner thinks 
necessary in a particular case;
(b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification 
as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 (102 of 1956) and whose name has 
been entered in a State Medical Register.]

53A. Examination of person accused of rape by medical practitioner.—(1) When a person is arrested on a 
charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing 
that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a 
registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence 
of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by 
any other registered medical practitioner, acting at the request of a police officer not below the rank of a sub-inspector, 
and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested 
person and to use such force as is reasonably necessary for that purpose.
(2) The registered medical practitioner conducting such examination shall, without delay, examine such person 
and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the accused and of the person by whom he was brought,
(ii) the age of the accused,
(iii) marks of injury, if any, on the person of the accused,
(iv) the description of material taken from the person of the accused for DNA profiling, and
(v) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The exact time of commencement and completion of the examination shall also be noted in the report.
(5) The registered medical practitioner shall, without delay, forward the report to the investigating officer, who 
shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of 
sub-section (5) of that section.]

54. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall be 
examined by a medical officer in the service of Central or State Government, and in case the medical officer is not 
available, by a registered medical practitioner soon after the arrest is made:
Provided that where the arrested person is a female, the examination of the body shall be made only by or under 
the supervision of a female medical officer, and in case the female medical officer is not available, by a female 
registered medical practitioner.
(2) The medical officer or a registered medical practitioner so examining the arrested person shall prepare the 
record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the 
approximate time when such injuries or marks may have been inflicted.
(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall be 
furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the 
person nominated by such arrested person.

54A. Identification of person arrested.—Where a person is arrested on a charge of committing an offence 
and his identification by any other person or persons is considered necessary for the purpose of investigation of such 
offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the 
person so arrested to subject himself to identification by any person or persons in such manner as the Court may 
deem fit:]
3
[Provided that, if the person identifying the person arrested is mentally or physically disabled, such process of 
identification shall take place under the supervision of a Judicial Magistrate who shall take appropriate steps to 
ensure that such person identifies the person arrested using methods that person is comfortable with:
Provided further that if the person identifying the person arrested is mentally or physically disabled, the 
identification process shall be videographed.

55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any officer in 
charge of a police station or any police officer making an investigation under Chapter XII requires any officer 
subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be 
arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying 
the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so 
required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so 
required by such person, shall show him the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41.

55A. Health and safety of arrested person.—It shall be the duty of the person having the custody 
of an accused to take reasonable care of the health and safety of the accused.

56. Person arrested to be taken before Magistrate or officer in charge of police station.—A 
police officer making an arrest without warrant shall, without unnecessary delay and subject to the 
provisions herein contained as to bail, take or send the person arrested before a Magistrate having 
jurisdiction in the case, or before the officer in charge of a police station.

57. Person arrested not to be detained more than twenty-four hours.—No police officer shall 
detain in custody a person arrested without warrant for a longer period than under all the circumstances of 
the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under 
section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of 
arrest to the Magistrate’s Court.

58. Police to report apprehensions.—Officers in charge of police stations shall report to the District 
Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without 
warrant, within the limits of their respective stations, whether such persons have been admitted to bail or 
otherwise.

59. Discharge of person apprehended.—No person who has been arrested by a police officer shall 
be discharged except on his own bond, or on bail, or under the special order of a Magistrate.

60. Power, on escape, to pursue and retake.—(1) If a person in lawful custody escapes or is 
rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest 
him in any place in India.
(2) The provisions of section 47 shall apply to arrests under sub-section (1) although the person 
making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

60A. Arrest to be made strictly according to the Code.—No arrest shall be made except in 
accordance with the provisions of this Code or any other law for the time being in force providing for 
arrest.

61. Form of summons.—Every summons issued by a Court under this Code shall be in writing, in 
duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, 
from time to time, by rule direct, and shall bear the seal of the Court.

62. Summons how served.—(1) Every summons shall be served by a police officer, or subject to 
such rules as the State Government may make in this behalf, by an officer of the Court issuing it or other 
public servant.
(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or 
tendering to him one of the duplicates of the summons.
(3) Every person on whom a summons is so served shall, if so required by the serving officer, sign a 
receipt therefor on the back of the other duplicate.

63. Service of summons on corporate bodies and societies.—Service of a summons on a 
corporation may be effected by serving it on the secretary, local manager or other principal officer of the 
corporation, or by letter sent by registered post, addressed to the chief officer of the corporation in India, 
in which case the service shall be deemed to have been effected when the letter would arrive in ordinary course 
of post.
Explanation.—In this section, “corporation” means an incorporated company or other body corporate and 
includes a society registered under the Societies Registration Act, 1860 (21 of 1860)

64. Service when persons summoned cannot be found.—Where the person summoned cannot, by the exercise
of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult 
male member of his family residing with him, and the person with whom the summons is so left shall, if so required 
by the serving officer, sign a receipt therefor on the back of the other duplicate.
Explanation.—A servant is not a member of the family within the meaning of this section.

65. Procedure when service cannot be effected as before provided.—If service cannot by the exercise of due 
diligence be effected as provided in section 62, section 63 or section 64, the serving officer shall affix one of the
duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned 
ordinarily resides; and thereupon the Court, after making such inquiries as it thinks fit, may either declare that the 
summons has been duly served or order fresh service in such manner as it considers proper.

66. Service on Government servant.—(1) Where the person summoned is in the active service of the 
Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in which 
such person is employed; and such head shall thereupon cause the summons to be served in the manner provided by 
section 62, and shall return it to the Court under his signature with the endorsement required by that section.
(2) Such signature shall be evidence of due service.

67. Service of summons outside local limits.—When a Court desires that a summons issued by it shall be 
served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a Magistrate 
within whose local jurisdiction the person summoned resides, or is, to be there served. 

68. Proof of service in such cases and when serving officer not present.—(1) When a summons issued by a 
Court is served outside its local jurisdiction, and in any case where the officer who has served a summons is not 
present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, that such summons has 
been served, and a duplicate of the summons purporting to be endorsed (in the manner provided by section 62 or 
section 64) by the person to whom it was delivered or tendered or with whom it was left, shall be admissible in 
evidence, and the statements made therein shall be deemed to be correct unless and until the contrary is proved.
(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned to the 
Court.

69. Service of summons on witness by post.—(1) Notwithstanding anything contained in the preceding 
sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously with the 
issue of such summons, direct a copy of the summons to be served by registered post addressed to the witness at the 
place where he ordinarily resides or carries on business or personally works for gain.
(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to be made 
by a postal employee that the witness refused to take delivery of the summons has been received, the Court issuing 
the summons may declare that the summons has been duly served.

STATE AMENDMENT

Andaman and Nicobar Islands U.T.
In section 69 of the Code of Criminal Procedure, 1974 in is application to the Union Territories of the 
Andaman and Nicobar Islands and Lakshdeep,—
(a) in sub-section (1), after the words “to be served by registered post” the words “or of the substance 
thereof to be served by wireless message” shall be inserted.
(b)in sub-section (2), for the words “that the witness refused to take delivery of the summons” the words “or a 
wireless messenger that the witness refused to take delivery of the summons or the message, as the ease may 
be” shall be substituted.
[VideAndaman and Nicobar Islands U.T. Act 6 of 1977, s. 2.]

70. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under this Code 
shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is 
executed.

71. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person may
in its discretion direct by endorsement on the warrant that, if such person executes a bond with sufficient sureties 
for his attendance before the Court at a specified time and thereafter until otherwise directed by the Court, the 
officer to whom the warrant is directed shall take such security and shall release such person from custody.
(2) The endorsement shall state—
(a) the number of sureties;
(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively 
bound;
(c) the time at which he is to attend before the Court.
(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the 
bond to the Court.

72. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more police 
officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no police officer is 
immediately available, direct it to any other person or persons, and such person or persons shall execute the same.
(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by any one or 
more of them.

73. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of the first 
class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped convict, 
proclaimed offender or of any person who is accused of a non-bailable offence and is evading arrest.
(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person for 
whose arrest it was issued, is in, or enters on, any land or other property under his charge.
(3) When the person against whom such warrant is issued is arrested, he shall be made over with the warrant to 
the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction in the case, unless 
security is taken under section 71.

74. Warrant directed to police officer.—A warrant directed to any police officer may also be executed by any 
other police officer whose name is endorsed upon the warrant by the officer to whom it is directed or endorsed.

75. Notification of substance of warrant.—The police officer or other person executing a warrant of arrest 
shall notify the substance thereof to the person to be arrested, and, if so required, shall show him the warrant.

76. Person arrested to be brought before Court without delay.—The police officer or other person executing 
a warrant of arrest shall (subject to the provisions of section 71 as to security) without unnecessary delay bring the 
person arrested before the Court before which he is required by law to produce such person:
Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time necessary for the 
journey from the place of arrest to the Magistrate’s Court.

77. Where warrant may be executed.—A warrant of arrest may be executed at any place in India.

78. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed outside the 
local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a police officer within 
its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District Superintendent of Police or 
Commissioner of Police within the local limits of whose jurisdiction it is to be executed; and the Executive 
Magistrate or District Superintendent or Commissioner shall endorse his name thereon, and if practicable, cause it to 
be executed in the manner hereinbefore provided.
(2) The Court issuing a warrant under sub-section (1) shall forward, along with the warrant, the substance of 
the information against the person to be arrested together with such documents, if any, as may be sufficient to enable 
the Court acting under section 81 to decide whether bail should or should not be granted to the person.

79. Warrant directed to police officer for execution outside jurisdiction.—(1) When a warrant directed to a 
police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he shall ordinarily take it 
for endorsement either to an Executive Magistrate or to a police officer not below the rank of an officer in charge of 
a police station, within the local limits of whose jurisdiction the warrant is to be executed.
(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be sufficient 
authority to the police officer to whom the warrant is directed to execute the same, and the local police shall, if so 
required, assist such officer in executing such warrant.
(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the 
Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such 
execution, the police officer to whom it is directed may execute the same without such endorsement in any place 
beyond the local jurisdiction of the Court which issued it.

80. Procedure on arrest of person against whom warrant issued.—When a warrant of arrest is executed 
outside the district in which it was issued, the person arrested shall, unless the Court which issued the warrant is 
within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or District Superintendent 
of Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was made, or unless 
security is taken under section 71, be taken before such Magistrate or District Superintendent or Commissioner.

81. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive Magistrate 
or District Superintendent of Police or Commissioner of Police shall, if the person arrested appears to be the person 
intended by the Court which issued the warrant, direct his removal in custody to such Court:
Provided that, if the offence is bailable, and such person is ready and willing to give bail to the satisfaction of 
such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed under section 71 on the 
warrant and such person is ready and willing to give the security required by such direction, the Magistrate, District 
Superintendent or Commissioner shall take such bail or security, as the case may be, and forward the bond, to the 
Court which issued the warrant:
Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial Magistrate 
(subject to the provisions of section 437), or the Sessions Judge, of the district in which the arrest is made on 
consideration of the information and the documents referred to in sub-section (2) of section 78, to release such 
person on bail.
(2) Nothing in this section shall be deemed to prevent a police officer from taking security under section 71.

82. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after taking 
evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing 
himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to 
appear at a specified place and at a specified time not less than thirty days from the date of publishing such 
proclamation.
(2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such person 
ordinarily resides;
(b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily 
resides or to some conspicuous place of such town or village;
(c) a copy thereof shall be affixed to some conspicuous part of the Court-house;
(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily 
newspaper circulating in the place in which such person ordinarily resides.
(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was duly 
published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive evidence 
that the requirements of this section have been complied with, and that the proclamation was published on such day.
1
[(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence 
punishable under section 302, 304, 364, 367, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 459 or 
460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time required 
by the proclamation, the Court may, after making such inquiry as it thinks fit, pronounce him a proclaimed offender 
and make a declaration to that effect.
(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under 
sub-section (4) as they apply to the proclamation published under sub-section (1).]

83. Attachment of property of person absconding.—(1) The Court issuing a proclamation under 
section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order 
the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or 
otherwise, that the person in relation to whom the proclamation is to be issued,—
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the 
Court,
it may order the attachment simultaneously with the issue of the proclamation.
(2) Such order shall authorise the attachment of any property belonging to such person within the 
district in which it is made; and it shall authorise the attachment of any property belonging to such person 
without such district when endorsed by the District Magistrate within whose district such property is 
situate.
(3) If the property ordered to be attached is a debt or other movable property, the attachment under 
this section shall be made—
(a) by seizure; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to 
any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the 
case of land paying revenue to the State Government, be made through the Collector of the district in 
which the land is situate, and in all other cases—
(a) by taking possession; or
(b) by the appointment of a receiver; or
(c) by an order in writing prohibiting the payment of rent on delivery of property to the 
proclaimed person or to any one on his behalf; or
(d) by all or any two of such methods, as the Court thinks fit.
(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court 
may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall 
abide the order of the Court.
(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as 
those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

84. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the 
attachment of, any property attached under section 83, within six months from the date of such 
attachment, by any person other than the proclaimed person, on the ground that the claimant or objector 
has an interest in such property, and that such interest is not liable to attachment under section 83, the 
claim or objection shall be inquired into, and may be allowed or disallowed in whole or in part:
Provided that any claim preferred or objection made within the period allowed by this sub-section 
may, in the event of the death of the claimant or objector, be continued by his legal representative.
(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the 
order of attachment is issued, or, if the claim or objection is in respect of property attached under an order 
endorsed under sub-section (2) of section 83, in the Court of the Chief Judicial Magistrate of the district 
in which the attachment is made.
(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made:
Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it 
over for disposal to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been disallowed in whole or in part by an order under 
sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish 
the right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, 
the order shall be conclusive.

85. Release, sale and restoration of attached property.—(1) If the proclaimed person appears 
within the time specified in the proclamation, the Court shall make an order releasing the property from 
the attachment.
(2) If the proclaimed person does not appear within the time specified in the proclamation, the 
property under the attachment shall be at the disposal of the State Government; but it shall not be sold 
until the expiration of six months from the date of the attachment and until any claim preferred or 
objection made under section 84 has been disposed of under that section, unless it is subject to speedy and 
natural decay, or the Court considers that the sale would be for the benefit of the owner; in either of which 
cases the Court may cause it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose property is or has been at 
the disposal of the State Government, under sub-section (2), appears voluntarily or is apprehended and 
brought before the Court by whose order the property was attached, or the Court to which such Court is 
subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for 
the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to 
enable him to attend within the time specified therein, such property, or, if the same has been sold, the 
net proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue 
of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be 
delivered to him.

86. Appeal from order rejecting application for restoration of attached property.—Any person 
referred to in sub-section (3) of section 85, who is aggrieved by any refusal to deliver property or the 
proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of 
the first-mentioned Court.

87. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it 
is empowered by this Code to issue a summons for the appearance of any person, issue, after recording its 
reasons in writing, a warrant for his arrest—
(a) if, either before the issue of such summons, or after the issue of the same but before the time 
fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the 
summons; or
(b) if at such time he fails to appear and the summons is proved to have been duly served in time 
to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

88. Power to take bond for appearance.—When any person for whose appearance or arrest the 
officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such 
officer may require such person to execute a bond, with or without sureties, for his appearance in such 
Court, or any other Court to which the case may be transferred for trial.

89. Arrest on breach of bond for appearance.—When any person who is bound by any bond taken 
under this Code to appear before a Court, does not appear, the officer presiding in such Court may issue a 
warrant directing that such person be arrested and produced before him.

90. Provisions of this Chapter generally applicable to summonses and warrants of arrest.—The 
provisions contained in this Chapter relating to a summons and warrant, and their issue, service and 
execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this 
Code.

91. Summons to produce document or other thing.—(1) Whenever any Court or any officer in 
charge of a police station considers that the production of any document or other thing is necessary or 
desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or 
before such Court or officer, such Court may issue a summons, or such officer a written order, to the 
person in whose possession or power such document or thing is believed to be, requiring him to attend 
and produce it, or to produce it, at the time and place stated in the summons or order.
(2) Any person required under this section merely to produce a document or other thing shall be 
deemed to have complied with the requisition if he causes such document or thing to be produced instead 
of attending personally to produce the same.
(3) Nothing in this section shall be deemed—
(a) to affect sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers’ 
Books Evidence Act, 1891 (13 of 1891), or
(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody 
of the postal or telegraph authority.

92. Procedure as to letters and telegrams.—(1) If any document, parcel or thing in the custody of a 
postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court 
of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding 
under this Code, such Magistrate or Court may require the postal or telegraph authority, as the case may 
be, to deliver the document, parcel or thing to such person as the Magistrate or Court directs.
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether 
Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for 
any such purpose, he may require the postal or telegraph authority, as the case may be, to cause search to 
be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief 
Judicial Magistrate or Court under sub-section (1).

93. When search-warrant may be issued.—(1) (a) Where any Court has reason to believe that a 
person to whom a summons order under section 91 or a requisition under sub-section (1) of section 92 has 
been, or might be, addressed, will not or would not produce the document or thing as required by such 
summons or requisition, or
(b) where such document or thing is not known to the Court to be in the possession of any person, or
(c) where the Court considers that the purposes of any inquiry, trial or other proceeding under this 
Code will be served by a general search or inspection, it may issue a search-warrant; and the person to 
whom such warrant is directed, may search or inspect in accordance therewith and the provisions 
hereinafter contained.
(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which 
only the search or inspection shall extend; and the person charged with the execution of such warrant 
shall then search or inspect only the place or part so specified.
(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or 
Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody 
of the postal or telegraph authority.

94. Search of place suspected to contain stolen property, forged documents, etc.—(1) If a District 
Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such 
inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen 
property, or for the deposit, sale or production of any objectionable article to which this section applies, or 
that any such objectionable article is deposited in any place, he may by warrant authorise any police 
officer above the rank of a constable—
(a) to enter, with such assistance as may be required, such place,
(b) to search the same in the manner specified in the warrant,
(c) to take possession of any property or article therein found which he reasonably suspects to be 
stolen property or objectionable article to which this section applies,
(d) to convey such property or article before a Magistrate, or to guard the same on the spot until 
the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety,
(e) to take into custody and carry before a Magistrate every person found in such place who 
appears to have been privy to the deposit, sale or production of any such property or article knowing 
or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable 
article to which this section applies.
(2) The objectionable articles to which this section applies are—
(a) counterfeit coin;
(b) pieces of metal made in contravention of the Metal Tokens Act, 1889 (1 of 1889), or brought 
into India in contravention of any notification for the time being in force under section 11 of the 
Customs Act, 1962 (52 of 1962);
(c) counterfeit currency note; counterfeit stamps;
(d) forged documents;
(e) false seals;
(f) obscene objects referred to in section 292 of the Indian Penal Code (45 of 1860);
(g) instruments or materials used for the production of any of the articles mentioned in clauses (a)
to (f).

95. Power to declare certain publications forfeited and to issue search-warrants for the 
same.—(1) Where—
(a) any newspaper, or book, or
(b) any document,
wherever printed, appears to the State Government to contain any matter the publication of which is
punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 
295A of the Indian Penal Code (45 of 1860), the State Government may, by notification, stating the 
grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, 
and every copy of such book or other document to be forfeited to Government, and thereupon any 
police officer may seize the same wherever found in India and any Magistrate may by warrant authorise 
any police officer not below the rank of sub-inspector to enter upon and search for the same in any 
premises where any copy of such issue, or any such book or other document may be or may be reasonably 
suspected to be.
(2) In this section and in section 96,—
(a) “newspaper” and “book” have the same meaning as in the Press and Registration of Books 
Act, 1867 (25 of 1867);
(b) “document” includes any painting, drawing or photograph, or other visible representation.
(3) No order passed or action taken under this section shall be called in question in any Court 
otherwise than in accordance with the provisions of section 96.

96. Application to High Court to set aside declaration of forfeiture.—(1) Any person having any 
interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has 
been made under section 95, may, within two months from the date of publication in the Official Gazette 
of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of 
the newspaper, or the book or other document, in respect of which the declaration was made, did not 
contain any such matter as is referred to in sub-section (1) of section 95.
(2) Every such application shall, where the High Court consists of three or more Judges, be heard and 
determined by a Special Bench of the High Court composed of three Judges and where the High Court 
consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High 
Court.
(3) On the hearing of any such application with reference to any newspaper, any copy of such 
newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or 
visible representations contained in such newspaper, in respect of which the declaration of forfeiture was 
made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other 
document, in respect of which the application has been made, contained any such matter as is referred to 
in sub-section (1) of section 95, set aside the declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision 
shall be in accordance with the opinion of the majority of those Judges.

97. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate 
or Magistrate of the first class has reason to believe that any person is confined under such circumstances 
that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such 
warrant is directed may search for the person so confined; and such search shall be made in accordance 
therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such 
order as in the circumstances of the case seems proper.

98. Power to compel restoration of abducted females.—Upon complaint made on oath of the 
abduction or unlawful detention of a woman, or a female child under the age of eighteen years for any 
unlawful purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class may 
make an order for the immediate restoration of such woman to her liberty, or of such female child to her 
husband, parent, guardian or other person having the lawful charge of such child, and may compel 
compliance with such order, using such force as may be necessary

C.—General provisions relating to searches

99. Direction, etc., of search-warrants.—The provisions of sections 38, 70, 72, 74, 77, 78 and 79 
shall, so far as may be, apply to all search-warrants issued under section 93, section 94, section 95 or section 97.

100. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or 
inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on 
demand of the officer or other person executing the warrant, and on production of the warrant, allow him 
free ingress thereto, and afford all reasonable facilities for a search therein.
(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant 
may proceed in the manner provided by sub-section (2) of section 47. 
(3) Where any person in or about such place is reasonably suspected of concealing about his person 
any article for which search should be made, such person may be searched and if such person is a 
woman, the search shall be made by another woman with strict regard to decency. 
(4) Before making a search under this Chapter, the officer or other person about to make it shall call 
upon two or more independent and respectable inhabitants of the locality in which the place to be 
searched is situate or of any other locality if no such inhabitant of the said locality is available or is 
willing to be a witness to the search, to attend and witness the search and may issue an order in writing to 
them or any of them so to do.
(5) The search shall be made in their presence, and a list of all things seized in the course of such 
search and of the places in which they are respectively found shall be prepared by such officer or other 
person and signed by such witnesses; but no person witnessing a search under this section shall be 
required to attend the Court as a witness of the search unless specially summoned by it.
(6) The occupant of the place searched, or some person in his behalf, shall, in every instance, be 
permitted to attend during the search, and a copy of the list prepared under this section, signed by the said 
witnesses, shall be delivered to such occupant or person.
(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be 
prepared, and a copy thereof shall be delivered to such person.
(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search 
under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be 
deemed to have committed an offence under section 187 of the Indian Penal Code (45 of 1860).

101. Disposal of things found in search beyond jurisdiction.—When, in the execution of a 
search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the 
things for which search is made, are found, such things, together with the list of the same prepared under 
the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, 
unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case 
the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to 
the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

D.—Miscellaneous
102. Power of police officer to seize certain property.—(1) Any police officer may seize any 
property which may be alleged or suspected to have been stolen, or which may be found under 
circumstances which create suspicion of the commission of any offence.
(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report 
the seizure to that officer.
[(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the 
Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently 
transported to the Court, 2
[or where there is difficulty in securing proper accommodation for the custody 
of such property, or where the continued retention of the property in police custody may not be 
considered necessary for the purpose of investigation,] he may give custody thereof to any person on his 
executing a bond undertaking to produce the property before the Court as and when required and to give 
effect to the further orders of the Court as to the disposal of the same:]
3
[Provided that where the property seized under sub-section (1) is subject to speedy and natural decay 
and if the person entitled to the possession of such property is unknown or absent and the value of such 
property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the 
Superintendent of Police and the provisions of sections 457 and 458 shall, as nearly as may be 
practicable, apply to the net proceeds of such sale.]

103. Magistrate may direct search in his presence.—Any Magistrate may direct a search to be 
made in his presence of any place for the search of which he is competent to issue a search-warrant.

104. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any 
document or thing produced before it under this Code.

105. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which 
this Code extends (hereafter in this section referred to as the said territories) desires that—
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other thing, or to 
produce it, or
(d) a search-warrant,
4
[issued by it shall be served or executed at any place,—
(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, 
it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of 
that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has 
been so served, the provisions of section 68 shall apply in relation to such summons as if the 
presiding officer of the Court to whom it is sent were a Magistrate in the said territories;
(ii) in any country or place outside India in respect of which arrangements have been made by the 
Central Government with the Government of such country or place for service or execution of 
summons or warrant in relation to criminal matters (hereafter in this section referred to as the 
contracting State), it may send such summons or warrant in duplicate in such form, directed to such 
Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government 
may, by notification, specify in this behalf.]
(2) Where a Court in the said territories has received for service or execution—
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other thing, or to 
produce it, or
(d) a search-warrant,
2
[issued by—
(I) a Court in any State or area in India outside the said territories;
(II) a Court, Judge or Magistrate in a contracting State,
it shall cause the same to be served or executed] as if it were a summons or warrant received by it from 
another Court in the said territories for service or execution within its local jurisdiction; and where—
(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in 
accordance with the procedure prescribed by sections 80 and 81,
(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt 
with in accordance with the procedure prescribed by section 101:
1
[Provided that in a case where a summons or search-warrant received from a contracting State has been 
executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the 
summons or search-warrant through such authority as the Central Government may, by notification, specify in this 
behalf.]

105A. Definitions.—In this Chapter, unless the context otherwise requires,—
(a) “contracting State” means any country or place outside India in respect of which arrangements have 
been made by the Central Government with the Government of such country through a treaty or otherwise;
(b) “identifying” includes establishment of a proof that the property was derived from, or used in, the 
commission of an offence;
(c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a 
result of criminal activity (including crime involving currency transfers) or the value of any such property;
(d) “property” means property and assets of every description whether corporeal or incorporeal, movable or 
immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or 
assets derived or used in the commission of an offence and includes property obtained through proceeds of 
crime;
(e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property.

105B. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal 
matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it 
shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such 
Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this 
behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed.
(2) Notwithstanding anything contained in this Code, if, in the course of an investigation or any inquiry into an 
offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer 
that the attendance of a person who is in any place in a contracting State is required in connection with such 
investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or 
warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central 
Government may, by notification, specify in this behalf, to cause the same to be served or executed.
(3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person
requiring him to attend or attend and produce a document or other thing in that Court or before any other 
investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it 
is the warrant received by it from another Court in India for execution within its local limits.
(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court 
in India or the Central Government may impose such conditions as that Court or Government deems fit.
(5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a 
contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to 
India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central 
Government may direct in writing.

105C. Assistance in relation to orders of attachment or forfeiture of property.—(1) Where a 
Court in India has reasonable grounds to believe that any property obtained by any person is derived or 
obtained, directly or indirectly, by such person from the commission of an offence, it may make an order 
of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 105D to 
105J (both inclusive).
(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section 
(1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a 
Court or an authority in the contracting State for execution of such order.
(3) Where a letter of request is received by the Central Government from a Court or an authority in a 
contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly 
or indirectly, by any person from the commission of an offence committed in that contracting State, the 
Central Government may forward such letter of request to the Court, as it thinks fit, for execution in 
accordance with the provisions of sections 105D to 105J (both inclusive) or, as the case may be, any other 
law for the time being in force.

105D. Identifying unlawfully acquired property.—(1) The Court shall, under sub-section (1), or on 
receipt of a letter of request under sub-section (3) of section 105C, direct any police officer not below the 
rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.
(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect 
of any person, place, property, assets, documents, books of account in any bank or public financial 
institutions or any other relevant matters.
(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer 
mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.

105E. Seizure or attachment of property.—(1) Where any officer conducting an inquiry or 
investigation under section 105D has a reason to believe that any property in relation to which such 
inquiry or investigation is being conducted is likely to be concealed transferred or dealt with in any 
manner which will result in disposal of such property, he may make an order for seizing such property 
and where it is not practicable to seize such property, he may make an order of attachment directing that 
such property shall not be transferred or otherwise dealt with, except with the prior permission of the 
officer making such order, and a copy of such order shall be served on the person concerned.
(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an 
order of the said Court, within a period of thirty days of its being made.

105F. Management of properties seized or forfeited under this Chapter.—(1) The Court may 
appoint the District Magistrate of the area where the property is situated, or any other officer that may be 
nominated by the District Magistrate, to perform the functions of an Administrator of such property.
(2) The Administrator appointed under sub-section (1) shall receive and manage the property in 
relation to which the order has been made under sub-section (1) of section 105E or under section 105H in 
such manner and subject to such conditions as may be specified by the Central Government.
(3) The Administrator shall also take such measures, as the Central Government may direct, to 
dispose of the property which is forfeited to the Central Government.

105G. Notice of forfeiture of property.—(1) If as a result of the inquiry, investigation or survey 
under section 105D, the Court has reason to believe that all or any of such properties are proceeds of 
crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon 
him within a period of thirty days specified in the notice to indicate the source of income, earnings or 
assets, out of which or by means of which he has acquired such property, the evidence on which he relies 
and other relevant information and particulars, and to show cause why all or any of such properties, as the 
case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf 
of such person by any other person, a copy of the notice shall also be served upon such other person.

105H. Forfeiture of property in certain cases.—(1) The Court may, after considering the 
explanation, if any, to the show-cause notice issued under section 105G and the material available 
before it and after giving to the person affected (and in a case where the person affected holds any 
property specified in the notice through any other person, to such other person also) a reasonable 
opportunity of being heard, by order, record a finding whether all or any of the properties in question 
are proceeds of crime:
Provided that if the person affected (and in a case where the person affected holds any property 
specified in the notice through any other person such other person also) does not appear before the 
Court or represent his case before it within a period of thirty days specified in the show-cause notice, 
the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence 
available before it.
(2) Where the Court is satisfied that some of the properties referred to in the show-cause notice 
are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be 
lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime 
and record a finding accordingly under sub-section (1).
(3) Where the Court records a finding under this section to the effect that any property is 
proceeds of crime, such property shall stand forfeited to the Central Government free from all 
encumbrances.
(4) Where any shares in a company stand forfeited to the Central Government under this section,
then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) 
or the articles of association of the company, forthwith register the Central Government as the 
transferee of such shares.

105-I. Fine in lieu of forfeiture.—(1) Where the Court makes a declaration that any property 
stands forfeited to the Central Government under section 105H and it is a case where the source of 
only a part of such property has not been proved to the satisfaction of the Court, it shall make an 
order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market 
value of such part.
(2) Before making an order imposing a fine under sub-section (1), the person affected shall be 
given a reasonable opportunity of being heard.
(3) Where the person affected pays the fine due under sub-section (1), within such time as may 
be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 
105H and thereupon such property shall stand released.
 

105J. Certain transfers to be null and void.—Where after the making of an order under subsection
(1) of section 105E or the issue of a notice under section 105G, any property referred to in the 
said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of 
the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the 
Central Government under section 105H, then, the transfer of such property shall be deemed to be 
null and void.

105K. Procedure in respect of letter of request.—Every letter of request, summons or warrant, 
received by the Central Government from, and every letter of request, summons or warrant, to be 
transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as 
the case may be, sent to the concerned Court in India in such form and in such manner as the Central 
Government may, by notification, specify in this behalf.

105L. Application of this Chapter.—The Central Government may, by notification in the 
Official Gazette, direct that the application of this Chapter in relation to a contracting State with 
which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or 
qualifications as are specified in the said notification.

106. Security for keeping the peace on conviction.—(1) When a Court of Session or Court of a Magistrate of 
the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence 
and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the 
time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace 
for such period, not exceeding three years, as it thinks fit.
(2) The offences referred to in sub-section (1) are—
(a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence 
punishable under section 153A or section 153B or section 154 thereof;
(b) any offence which consists of, or includes, assault or using criminal force or committing mischief;
(c) any offence of criminal intimidation;
(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
(3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.
(4) An order under this section may also be made by an Appellate Court or by a Court when exercising its 
powers of revision.

107. Security for keeping the peace in other cases.—(1) When an Executive Magistrate receives information 
that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act 
that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is 
sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause 
why he should not be ordered to execute a bond 1
[with or without sureties,] for keeping the peace for such period, 
not exceeding one year, as the Magistrate thinks fit.
(2) Proceedings under this section may be taken before any Executive Magistrate when either the place where 
the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such 
jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any 
wrongful act as aforesaid beyond such jurisdiction.

108. Security for good behaviour from persons disseminating seditious matters.—(1) When 1
[an Executive 
Magistrate] receives information that there is within his local jurisdiction any person who, within or without such 
jurisdiction,—
(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate 
or abets the dissemination of,—
(a) any matter the publication of which is punishable under section 124A or section 153A or section 
153B or section 295A of the Indian Penal Code (45 of 1860), or
(b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties 
which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860),
(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, 
distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred 
to in section 292 of the Indian Penal Code (45 of 1860),
and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner 
hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or 
without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.
(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any 
publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press 
and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except 
by the order or under the authority of the State Government or some officer empowered by the State Government in 
this behalf

109. Security for good behaviour from suspected persons.—When 2
[an Executive Magistrate] receives 
information that there is within his local jurisdiction a person taking precautions to conceal his presence and that 
there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in 
the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, 
with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit

110. Security for good behaviour from habitual offenders.—When 2
[an Executive Magistrate] receives 
information that there is within his local jurisdiction a person who—
(a) is by habit a robber, house-breaker, thief, or forger, or
(b) is by habit a receiver of stolen property knowing the same to have been stolen, or
(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or
(d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, 
abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal 
Code (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or
(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of 
the peace, or
(f) habitually commits, or attempts to commit, or abets the commission of—
(i) any offence under one or more of the following Acts, namely:—
(a) the Drugs and Cosmetics Act, 1940 (23 of 1940);
1
[(b) the Foreign Exchange Regulation Act, 1973 (46 of 1973);]
(c) the Employees’ Provident Fund 2
[and Family Pension Fund] Act, 1952 (19 of 1952);
(d) the Prevention of Food Adulteration Act, 1954 (37 of 1954);
(e) the Essential Commodities Act, 1955 (10 of 1955);
(f) the Untouchability (Offences) Act, 1955 (22 of 1955);
(g) the Customs Act, 1962 (52 of 1962); 3
***
4
[(h) the Foreigners Act, 1946 (31 of 1946); or]
(ii) any offence punishable under any other law providing for the prevention of hoarding or 
profiteering or of adulteration of food or drugs or of corruption, or 
(g) is so desperate and dangerous to render his being at large without security hazardous to the community,
such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be 
ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the 
Magistrate thinks fit.

111. Order to be made.—When a Magistrate acting under section 107, section 108, section 109 or section 110, 
deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting 
forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be 
in force, and the number, character and class of sureties (if any) required.

112. Procedure in respect of person present in Court.—If the person in respect of whom such order is made 
is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him.

113. Summons or warrant in case of person not so present.—If such person is not present in Court, the 
Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing 
the officer in whose custody he is to bring him before the Court:
Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other 
information (the substance of which report or information shall be recorded by the Magistrate), that there is reason 
to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise 
than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest

114. Copy of order to accompany summons or warrant.—Every summons or warrant issued under section 
113 shall be accompanied by a copy of the order made under section 111, and such copy shall be delivered by the 
officer serving or executing such summons or warrant to the person served with, or arrested under, the same.

115. Power to dispense with personal attendance.—The Magistrate may, if he sees sufficient cause, dispense 
with the personal attendance of any person called upon to show cause why he should not be ordered to execute a 
bond for keeping the peace or for good behaviour and may permit him to appear by a pleader.

116. Inquiry as to truth of information.—(1) When an order under section 111 has been read or explained 
under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in 
compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed 
to inquire into the truth of the information upon which action has been taken, and to take such further evidence as 
may appear necessary
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for 
conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, 
if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance 
of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be 
recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a 
bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the 
inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is 
concluded:
Provided that—
(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 
shall be directed to execute a bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the 
number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the 
order under section 111.
(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous 
as to render his being at large without security hazardous to the community may be proved by evidence of general 
repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt 
within the same or separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a period of six months from the date of its 
commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of 
the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise 
directs:
Provided that where any person has been kept in detention pending such inquiry, the proceeding against that 
person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings the Sessions 
Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was 
not based on any special reason or was perverse.

117. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the peace or 
maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should 
execute a bond, with or without sureties, the Magistrate shall make an order accordingly:
Provided that—
(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for 
a period longer than, that specified in the order made under section 111;
(b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not 
be excessive;
(c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by 
his sureties.

118. Discharge of person informed against.—If, on an inquiry under section 116, it is not proved that it is 
necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of 
whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, 
and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in 
custody, shall discharge him

119. Commencement of period for which security is required.—(1) If any person, in respect of whom an 
order requiring security is made under section 106 or section 117, is at the time such order is made, sentenced to, or 
undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the 
expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient 
reason, fixes a later date.

120. Contents of bond.—The bond to be executed by any such person shall bind him to keep the peace or to be 
of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment 
of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond.

121. Power to reject sureties.—(1) A Magistrate may refuse to accept any surety offered, or may reject any 
surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit 
person for the purposes of the bond:
Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry 
on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a 
Magistrate subordinate to him.
(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by 
whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before 
him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a 
Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person 
for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety 
and recording his reasons for so doing:
Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate 
shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or 
to be brought before him.

122. Imprisonment in default of security.—(1) (a) If any person ordered to give security under section 106 or 
section 117 does not give such security on or before the date on which the period for which such security is to be 
given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is 
already in prison, be detained in prison until such period expires or until within such period he gives the security to 
the Court or Magistrate who made the order requiring it.
(b) If any person after having executed a 1
[bond, with or without sureties] without sureties for keeping the peace 
in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his 
successor-in-office, to have committed breach of the bond, such Magistrate or successor-in-office may, after 
recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the 
period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said 
person may be liable in accordance with law.
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such 
Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained 
in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, 
before such Court.
(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or 
evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, 
may pass such order on the case as it thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed
three years.
(4) If security has been required in the course of the same proceeding from two or more persons in respect 
of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall 
also include the case of any other of such persons who has been order to give security, and the provisions of 
sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if 
any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.
(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or 
sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional 
Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in 
respect of such proceedings.
(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court 
or Magistrate who made the order, and shall await the orders of such Court or Magistrate.
(7) Imprisonment for failure to give security for keeping the peace shall be simple.
(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken 
under section 108, be simple, and, where the proceedings have been taken under section 109 or section 110, be 
rigorous or simple as the Court or Magistrate in each case directs.

123. Power to release persons imprisoned for failing to give security.—(1) Whenever 1
[the District 
Magistrate in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial 
Magistrate in any other case] is of opinion that any person imprisoned for failing to give security under this Chapter 
may be released without hazard to the community or to any other person, he may order such person to be 
discharged.
(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or 
Court of Session, or, where the order was made by any other Court, 2
[District Magistrate, in the case of an order 
passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case], may make 
an order reducing the amount of the security or the number of sureties or the time for which security has been 
required.
(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon 
any conditions which such person accepts:
Provided that any condition imposed shall cease to be operative when the period for which such person was 
ordered to give security has expired.
(4) The State Government may prescribe the conditions upon which a conditional discharge may be made.
(5) If any condition upon which any person has been discharged is, in the opinion of 2
[District Magistrate, in the 
case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other 
case] by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.
(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be 
arrested by any police officer without warrant, and shall thereupon be produced before the 3
[District Magistrate, in 
the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any 
other case].
(7) Unless such person gives security in accordance with the terms of the original order for the unexpired 
portion of the term for which he was in the first instance committed or ordered to be detained (such portion being 
deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date 
on which, except for such conditional discharge, he would have been entitled to release), 1
[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other 
case] may remand such person to prison to undergo such unexpired portion.
(8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section 122, be 
released at any time on giving security in accordance with the terms of the original order for the unexpired portion 
aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.
(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel 
any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and 
1
[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief 
Judicial Magistrate in any other case] may make such cancellation where such bond was executed under his order or 
under the order of any other Court in his district.
(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under 
this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being 
made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bond 
appear or to be brought before it.

124. Security for unexpired period of bond.—(1) When a person for whose appearance a summons or warrant 
has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears 
or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person 
and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same 
description as the original security.
(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive) be deemed to be an order 
made under section 106 or section 117, as the case may be.

125. Order for maintenance of wives, children and parents.—(1) If any person having sufficient means 
neglects or refuses to maintain—
(a) his wife, unable to maintain herself, or
(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or
(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such 
child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or
(d) his father or mother, unable to maintain himself or herself,
a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly 
allowance for the maintenance of his wife or such child, father or mother, at such monthly rate 1
*** as such 
Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such 
allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if 
married, is not possessed of sufficient means:
2
[Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance 
for the maintenance under this sub-section, order such person to make a monthly allowance for the interim 
maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate 
considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:
Provided also that an application for the monthly allowance for the interim maintenance and expenses of 
proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the 
service of notice of the application to such person.]
Explanation.—For the purposes of this Chapter,—
(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is 
deemed not to have attained his majority;
(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and 
has not remarried.
1
[(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be 
payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim 
maintenance and expenses of proceeding, as the case may be.]
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for 
every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and 
may sentence such person, for the whole or any part of each month’s 2
[allowance for the maintenance or the interim 
maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, 
to imprisonment for a term which may extend to one month or until payment if sooner made:
Provided that no warrant shall be issued for the recovery of any amount due under this section unless application 
be made to the Court to levy such amount within a period of one year from the date on which it became due:
Provided further that if such person offers to maintain his wife on condition of her living with him, and she 
refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order 
under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be 
considered to be just ground for his wife’s refusal to live with him.
(4) No wife shall be entitled to receive an 3
[allowance for the maintenance or the interim maintenance and 
expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, 
without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual 
consent.
(5) On proof that any wife in whose favour an order has been made under this section in living in adultery, or 
that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual 
consent.

STATE AMENDMENTS
Madhya Pradesh
Amendment of Section 125.— In sub-section (1) of section 125 of the Principal Act, for the words “five 
hundred rupees” the words “three thousand rupees” shall be substituted
[Vide Madhya Pradesh Act, 10 of 1998, s. 3.]
Madhya Pradesh
Amendment of Section 125.— In section 125 of the principal Act,—

(i) for the marginal heading, the following marginal heading shall be substituted, namely:—
“Order for maintenance of wives, children, parents and grand parents.”
(ii) In sub-section (1), —
(a) after clause (d), the following clause shall be inserted, namely: —
“(e) his grand father, grand mother unable to maintain himself or her self.”;
(b) In the existing para, for the words “a Magistrate of the first class may, upon proof of such neglect or 
refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or 
mother at such monthly rate not exceeding three thousand rupees in the whole, as such Magistrate thinks fit, and 
to pay the same to such person as the Magistrate may from time to time direct”, the words “a Magistrate of the 
first class may upon proof of such neglect or refusal, order such person to make a monthly allowance for the 
maintenance of his wife or such child, father, mother, grand father, grand mother at such monthly rate, as such 
Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct” shall be 
substituted;
(c) After the existing first proviso, the following proviso shall be inserted, namely:—
“Provided further that the relatives in clause (e) shall only be entitled to monthly allowance for maintenance 
if their sons daughters are not alive and they are unable to maintain themselves.”
[Vide Madhya Pradesh Act 15 of 2004, s. 3.]
West Bengal
In Sub-section (1) of section 125 of the Principal Act, —
(1) for the words “five hundred rupees”, the words “one thousand and five hundred rupees” shall be 
substituted;
(2) after the existing proviso, the following proviso shall be inserted:—
“Provided further that where in any proceeding under this section it appears to the Magistrate that 
the wife referred to in clause (a) or the minor child referred to in clause (b) or the child (not being a 
married daughter) referred to in clause (c) or the father or the mother referred to in clause (d) is in 
need of immediate relief for her or its or his support and the necessary expenses of the proceeding, the 
Magistrate may, on the application of the wife or the minor child or the child (not being a married 
daughter) or the father or the mother, as the case may be, order the person against whom the allowance 
for maintenance is claimed, to pay to the petitioner, pending the conclusion of the proceeding, the 
expenses of the proceeding, and monthly during the proceeding such allowance as, having regard to 
the income of such person, it may seem to the Magistrate co be reasonable.”.
[Vide West Bengal Act, 25 of 1992, s. 4.]
West Bengal
In sub-section (1) of section 125 of the principal Act, as amended by the Code of Criminal Procedure 
(West Bengal Amendment) Act, 1992, the words “not exceeding one thousand and five hundred rupees” 
the proviso shall be omitted.
[Vide West Bengal Act 33 of 2001, s. 3.]
 

126. Procedure.—(1) Proceedings under section 125 may be taken against any person in any district—
(a) where he is, or 
(b) where he or his wife resides, or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for 
payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence 
of his pleader, and shall be recorded in the manner prescribed for summons-cases: 
Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance 
is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may 
proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an 
application made within three months from the date thereof subject to such terms including terms as to payment of 
costs to the opposite party as the Magistrate may think just and proper.
(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as 
may be just.126. Procedure.—

127. Alteration in allowance.—1
[(1) On proof of a change in the circumstances of any person, receiving, under 
section 125 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to 
pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the 
case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the 
interim maintenance, as the case may be.]
(2) Where it appears to the Magistrate that, in consequence of any decision of a competent Civil Court, any 
order made under section 125 should be cancelled or varied, he shall cancel the order or, as the case may be, vary 
the same accordingly.
(3) Where any order has been made under section 125 in favour of a woman who has been divorced by, or has 
obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—
(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her 
remarriage;
(b) the woman has been divorced by her husband and that she has received, whether before or after the date 
of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, 
was payable on such divorce, cancel such order,—
(i) in the case where such sum was paid before such order, from the date on which such order was 
made;
(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been 
actually paid by the husband to the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights 
to 2
[maintenance or interim maintenance, as the case may be,] after her divorce, cancel the order from the date 
thereof. 
(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a 
3
[monthly allowance for the maintenance and interim maintenance or any of them has been ordered] to be paid 
under section 125, the Civil Court shall take into account the sum which has been paid to, or recovered by, such 
person 1
[as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in 
pursuance of] the said order. 

STATE AMENDMENTS

Madhya Pradesh
Amendment of section 127.—In sub-section (1) of section 127 of the principal Act, for the words 
“father or mother”, the words “father, mother, grand father, grand mother” shall be substituted. 
[Vide Madhya Pradesh Act 15 of 2004, s. 4.]
West Bengal 
In the proviso to sub-section (1) of section 127 of the principal Act, for the words “five hundred 
rupees”, the words “one thousand and five hundred rupees” shall be substituted. 
[Vide West Bengal Act 14 of 1995, s. 3.]
West Bengal 
In Sub-section (1) of section 127 of the principal Act, the proviso shall be omitted.
[Vide West Bengal Act 33 of 2001, s. 4.]

128. Enforcement of order of maintenance.—A copy of the order of 2
[maintenance or interim maintenance 
and expenses of proceedings, as the case may be,] shall be given without payment to the person in whose favour it is 
made, or to his guardian, if any, or to the person to 3
[whom the allowance for the maintenance or the allowance for 
the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be 
enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate 
being satisfied as to the identity of the parties and the non-payment of the 4
[allowance, or as the case may be, 
expenses, due].

129. Dispersal of assembly by use of civil force.—(1) Any Executive Magistrate or officer in charge of a 
police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, 
may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the 
public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse 
accordingly.
(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it 
conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police 
officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the 
assistance of any male person, not being an officer or member of the armed forces and acting as such, for the 
purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in 
order to disperse such assembly or that they may be punished according to law.
 

130. Use of armed forces to disperse assembly.—(1) If any such assembly cannot be otherwise dispersed, and 
if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who 
is present may cause it to be dispersed by the armed forces.
(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces 
to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such 
persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to 
disperse the assembly or to have them punished according to law.
(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so 
doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing 
the assembly and arresting and detaining such persons.

131. Power of certain armed force officers to disperse assembly.—When the public security is manifestly 
endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or 
gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his 
command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they 
may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to 
communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the 
Magistrate, as to whether he shall or shall not continue such action.

132. Protection against prosecution for acts done under preceding sections.—(1) No prosecution against 
any person for any act purporting to be done under section 129, section 130 or section 131 shall be instituted in any 
Criminal Court except—
(a) with the sanction of the Central Government where such person is an officer or member of the armed 
forces;
(b) with the sanction of the State Government in any other case.
(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith;
(b) no person doing any act in good faith in compliance with a requisition under section 129 or section 130;
(c) no officer of the armed forces acting under section 131 in good faith;
(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey,
shall be deemed to have thereby committed an offence.
(3) In this section and in the preceding sections of this Chapter,—
(a) the expression “armed forces” means the military, naval and air forces, operating as land forces and 
includes any other armed forces of the Union so operating;
(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer 
of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a noncommissioned officer and a non-gazetted officer;
(c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer.
 

133. Conditional order for removal of nuisance.—(1) Whenever a District Magistrate or a Sub-divisional 
Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on 
receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, 
considers—
(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, 
river or channel which is or may be lawfully used by the public; or
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to 
the health or physical comfort of the community, and that in consequence such trade or occupation should be 
prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or
(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion 
configuration or explosion, should be prevented or stopped; or
(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby 
cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in 
consequence the removal, repair or support of such building, tent or structure, or the removal or support of such 
tree, is necessary; or
(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such 
manner as to prevent danger arising to the public; or
(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,
such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying 
on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such 
building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a 
time to be fixed in the order—
(i) to remove such obstruction or nuisance; or
(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or 
occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may 
be directed; or
(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or
(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or
(v) to fence such tank, well or excavation; or
(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order,
or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time 
and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be 
made absolute.
(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.
Explanation.—A “public place” includes also property belonging to the State, camping grounds and grounds 
left unoccupied for sanitary or recreative purposes.

134. Service or notification of order.—(1) The order shall, if practicable, be served on the person against 
whom it is made, in the manner herein provided for service of a summons.
(2) If such order cannot be so served, it shall be notified by proclamation, published in such manner as the State 
Government may, by rules, direct, and a copy thereof shall be struck up at such place or places as may be fittest for 
conveying the information to such person.

135. Person to whom order is addressed to obey or show cause.—The person against whom such order is 
made shall—
(a) perform, within the time and in the manner specified in the order, the act directed thereby; or
(b) appear in accordance with such order and show cause against the same.

136. Consequences of his failing to do so.—If such person does not perform such act or appear and show 
cause, he shall be liable to the penalty prescribed in that behalf in section 188 of the Indian Penal Code (45 of 1860), 
and the order shall be made absolute.

137. Procedure where existence of public right is denied.—(1) Where an order is made under section 133 for 
the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, 
the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as 
to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does 
so, the Magistrate shall, before proceeding under section 138, inquire into the matter. 
(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall 
stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he 
finds that there is no such evidence, he shall proceed as laid down in section 138.
(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence 
of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable 
evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

138. Procedure where he appears to show cause.—(1) If the person against whom an order under section 133 
is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a 
summons-case.
(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he 
considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case 
may be, with such modification.
(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case.

139. Power of Magistrate to direct local investigation and examination of an expert.—The Magistrate may, 
for the purposes of an inquiry under section 137 or section 138—
(a) direct a local investigation to be made by such person as he thinks fit; or
(b) summon and examine an expert.

140. Power of Magistrate to furnish written instructions, etc.—(1) Where the Magistrate directs a local 
investigation by any person under section 139, the Magistrate may—
(a) furnish such person with such written instructions as may seem necessary for his guidance;
(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.
(2) The report of such person may be read as evidence in the case.
(3) Where the Magistrate summons and examines an expert under section 139, the Magistrate may direct by 
whom the costs of such summoning and examination shall be paid.

141. Procedure on order being made absolute and consequences of disobedience.—(1) When an order has 
been made absolute under section 136 or section 138, the Magistrate shall give notice of the same to the person
against whom the order was made, and shall further require him to perform the act directed by the order within a 
time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided 
by section 188 of the Indian Penal Code (45 of 1860). 
(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may 
recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, 
or by the distress and sale of any other movable property of such person within or without such Magistrate’s local 
jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale 
when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.
(3) No suit shall lie in respect of anything done in good faith under this section.

142. Injunction pending inquiry.—(1) If a Magistrate making an order under section 133 considers that 
immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may 
issue such an injunction to the person against whom the order was made, as is required to obviate or prevent 
such danger or injury pending the determination of the matter. 
(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause 
to be used, such means as he thinks fit to obviate such danger or to prevent such injury.
(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

143. Magistrate may prohibit repetition or continuance of public nuisance.—A District Magistrate or 
Sub-divisional Magistrate, or any other Executive Magistrate empowered by the State Government or the 
District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined 
in the Indian Penal Code (45 of 1860), or any special or local law.

C.—Urgent cases of nuisance or apprehended danger
144. Power to issue order in urgent cases of nuisance or apprehended danger .—(1) In cases where, in 
the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially 
empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section 
and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the 
material facts of the case and served in the manner provided by section 134, direct any person to abstain from a 
certain act or to take certain order with respect to certain property in his possession or under his management, 
if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance 
or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the 
public tranquillity, or a riot, or an affray. 
(2) An order under this section may, in cases of emergency or in cases where the circumstances do not 
admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex 
parte.
(3) An order under this section may be directed to a particular individual, or to persons residing in a 
particular place or area, or to the public generally when frequenting or visiting a particular place or area.
(4) No order under this section shall remain in force for more than two months from the making thereof:
Provided that, if the State Government considers it necessary so to do for preventing danger to human life, 
health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a 
Magistrate under this section shall remain in force for such further period not exceeding six months from the 
date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in 
the said notification.
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind
or alter any order made under this section, by himself or any Magistrate subordinate to him or by his 
predecessor-in-office.
(6) The State Government may, either on its own motion or on the application of any person aggrieved, 
rescind or alter any order made by it under the proviso to sub-section (4).
(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State 
Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or 
it, either in person or by pleader and showing cause against the order; and if the Magistrate or the State 
Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the 
reasons for so doing.

144A. Power to prohibit carrying arms in procession or mass drill or mass training with 
arms.—(1) The District Magistrate may, whenever he considers it necessary so to do for the 
preservation of public peace or public safety or for the maintenance of public order, by public notice 
or by order, prohibit in any area within the local limits of his jurisdiction, the carrying of arms in any 
procession or the organising or holding of, or taking part in, any mass drill or mass training with 
arms in any public place.
(2) A public notice issued or an order made under this section may be directed to a particular 
person or to persons belonging to any community, party or organisation.
(3) No public notice issued or an order made under this section shall remain in force for more 
than three months from the date on which it is issued or made.
(4) The State Government may, if it considers necessary so to do for the preservation of public 
peace or public safety or for the maintenance of public order, by notification, direct that a public 
notice issued or order made by the District Magistrate under this section shall remain in force for 
such further period not exceeding six months from the date on which such public notice or order was 
issued or made by the District Magistrate would have, but for such direction, expired, as it may 
specify in the said notification.
(5) The State Government may, subject to such control and directions as it may deem fit to 
impose, by general or special order, delegate its powers under sub-section (4) to the District 
Magistrate.
Explanation.—The word “arms” shall have the meaning assigned to it in section 153AA of the 
Indian Penal Code (45 of 1860).]

145. Procedure where dispute concerning land or water is likely to cause breach of peace.—
(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other 
information that a dispute likely to cause a breach of the peace exists concerning any land or water or 
the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the 
grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his 
Court in person or by pleader, on a specified date and time, and to put in written statements of their 
respective claims as respects the fact of actual possession of the subject of dispute.
(2) For the purposes of this section, the expression “land or water” includes buildings, markets, 
fisheries, crops or other produce of land, and the rents or profits of any such property.
(3) A copy of the order shall be served in the manner provided by this Code for the service of a 
summons upon such person or persons as the Magistrate may direct, and at least one copy shall be 
published by being affixed to some conspicuous place at or near the subject of dispute.
(4) The Magistrate shall then, without reference to the merits or the claims of any of the parties 
to a right to possess the subject of dispute, persue the statements so put in, hear the parties, receive 
all such evidence as may be produced by them, take such further evidence, if any, as he thinks 
necessary, and, if possible, decide whether any and which of the parties was, at the date of the order 
made by him under sub-section (1), in possession of the subject of dispute:
Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully 
dispossessed within two months next before the date on which the report of a police officer or other
information was received by the Magistrate, or after that date and before the date of his order under 
sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the 
date of his order under sub-section (1).
(5) Nothing in this section shall preclude any party so required to attend, or any other person 
interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the 
Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject 
to such cancellation, the order of the Magistrate under sub-section (1) shall be final.
(6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to subsection (4) be treated as being, in such possession of the said subject, he shall issue an order 
declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, 
and forbidding all disturbance of such possession until such eviction; and when he proceeds under 
the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully 
dispossessed.
(b) The order made under this sub-section shall be served and published in the manner laid down 
in sub-section (3).
(7) When any party to any such proceeding dies, the Magistrate may cause the legal 
representative of the deceased party to be made a party to the proceeding and shall thereupon 
continue the inquiry, and if any question arises as to who the legal representative of a deceased party 
for the purposes of such proceeding is, all persons claiming to be representatives of the deceased 
party shall be made parties thereto.
(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a 
proceeding under this section pending before him, is subject to speedy and natural decay, he may make an 
order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such 
order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the 
application of either party, issue a summons to any witness directing him to attend or to produce any 
document or thing.
(10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to 
proceed under section 107.

146. Power to attach subject of dispute and to appoint receiver.—(1) If the Magistrate at any time 
after making the order under sub-section (1) of section 145 considers the case to be one of emergency, or 
if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is 
unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he 
may attach the subject of dispute until a competent Court has determined the rights of the parties thereto 
with regard to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is 
no longer any likelihood of breach of the peace with regard to the subject of dispute.
(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such 
subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper 
for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the 
control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 
(5 of 1908):
Provided that in the event of a receiver being subsequently appointed in relation to the subject of 
dispute by any Civil Court, the Magistrate—
(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute 
to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by 
him;
(b) may make such other incidental or consequential orders as may be just.

147. Dispute concerning right of use of land or water.—(1) Whenever an Executive Magistrate is 
satisfied from the report of a police officer or upon other information, that a dispute likely to cause a 
breach of the peace exists regarding any alleged right of user of any land or water within his local 
jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in 
writing, stating the grounds of his being so satisfied and requiring the parties concerned in such 
dispute to attend his Court in person or by pleader on a specified date and time and to put in written 
statements of their respective claims.
Explanation.—The expression “land or water” has the meaning given to it in sub-section (2) of 
section 145.
(2) The Magistrate shall then persue the statements so put in, hear the parties, receive all such 
evidence as may be produced by them respectively, consider the effect of such evidence, take such further 
evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the 
provisions of section 145 shall, so far as may be, apply in the case of such inquiry.
(3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any 
interference with the exercise of such right, including, in a proper case, an order for the removal of any 
obstruction in the exercise of any such right:
Provided that no such order shall be made where the right is exercisable at all times of the year, 
unless such right has been exercised within three months next before the receipt under sub-section (1) of 
the report of a police officer or other information leading to the institution of the inquiry, or where the 
right is exercisable only at particular seasons or on particular occasions, unless the right has been 
exercised during the last of such seasons or on the last of such occasions before such receipt.
(4) When in any proceedings commenced under sub-section (1) of section 145 the Magistrate finds 
that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, 
continue with the proceedings as if they had been commenced under sub-section (1),
and when in any proceedings commenced under sub-section (1) the magistrate finds that the dispute 
should be dealt with under section 145, he may, after recording his reasons, continue with the proceedings 
as if they had been commenced under sub-section (1) of section 145.

148. Local inquiry.—(1) Whenever a local inquiry is necessary for the purposes of section 145, section 146 or 
section 147, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to 
make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and 
may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) When any costs have been incurred by any party to a proceeding under section 145, section 146 or section 
147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any 
other party to the proceeding, and whether in whole or in part or proportion and such costs may include any 
expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable.

149. Police to prevent cognizable offences.—Every police officer may interpose for the purpose of preventing, 
and shall, to the best of his ability, prevent, the commission of any cognizable offence.

150. Information of design to commit cognizable offences.—Every police officer receiving information of a 
design to commit any cognizable offence shall communicate such information to the police officer to whom he is 
subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such 
offence.

151. Arrest to prevent the commission of cognizable offences.—(1) A police officer knowing of a design to 
commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so 
designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four 
hours from the time of his arrest unless his further detention is required or authorised under any other provisions of 
this Code or of any other law for the time being in force.
 

152. Prevention of injury to public property.—A police officer may of his own authority interpose to prevent 
any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or 
injury of any public landmark or buoy or other mark used for navigation.

153. Inspection of weights and measures.—(1) Any officer in charge of a police station may, without a 
warrant, enter any place within the limits of such station for the purpose of inspecting or searching for any weights 
or measures or instruments for weighing, used or kept therein, whenever he has reason to believe that there are in 
such place any weights, measures or instruments for weighing which are false.
(2) If he finds in such place any weights, measures or instruments for weighing which are false, he may seize
the same, and shall forthwith give information of such seizure to a Magistrate having jurisdiction.

154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable 
offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his 
direction, and be read over to the informant; and every such information, whether given in writing or reduced to 
writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to 
be kept by such officer in such form as the State Government may prescribe in this behalf:
1
[Provided that if the information is given by the woman against whom an offence under section 326A, 
section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, 2
[section 376A, 
section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 
509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information 
shall be recorded, by a woman police officer or any woman officer:
Provided further that—
(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, 
section 354C, section 354D, section 376, 1
[section 376A, section 376AB, section 376B, section 376C, 
section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 
1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically 
disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to 
report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a 
special educator, as the case may be;
(b) the recording of such information shall be video graphed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) 
of sub-section (5A) of section 164 as soon as possible.]
(2) A copy of the information as recorded under sub-section (1)shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the 
information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the 
Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable 
offence, shall either investigate the case himself or direct an investigation to be made by any police officer 
subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in 
charge of the police station in relation to that offence.

STATE AMENDMENT

Chhattisgarh

In first proviso to sub-section (1) of section 154 of the Code of Criminal Procedure (here-in-after referred to as 
the Code) for the words and figure “or section 509” the words, figures, letters and punctuations, “ section 509, 
section 509A or section 509B” shall be substituted.
[Vide Chhattisgarh Act 25 of 2015, s. 7.

155. Information as to non-cognizable cases and investigation of such cases.—(1) When information is given to 
an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he 
shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the 
State Government may prescribe in this behalf, and refer the informant to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to 
try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in respect of the investigation 
(except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable 
case.
(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed 
to be a cognizable case, notwithstanding that the other offences are non-cognizable.

156. Police officer’s power to investigate cognizable case.—(1) Any officer in charge of a police station may, 
without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area 
within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground 
that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

STATE AMENDMENT

Maharashtra 

Amendment of section 156.—In section 156 of the Code of Criminal Procedure, 1973, (2 of 1974) in its 
application to the State of Maharashtra (Hereinafter referred to as “the said Code”), after sub-section (3), the 
following provisos shall be added, namely:—
“Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public 
servant as defined under any other law for the time being in force, in respect of the act done by such public servant while 
acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the 
Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:
Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the 
date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within 
the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning 
authority.”.
[Vide Maharashtra Act 33 of 2016, s. 2.]

157. Procedure for investigation.—(1) If, from information received or otherwise, an officer in charge of a 
police station has reason to suspect the commission of an offence which he is empowered under section 156 to 
investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such 
offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being 
below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to 
the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery 
and arrest of the offender:
Provided that—
(a) when information as to the commission of any such offence is given against any person by name and 
the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a 
subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on 
an investigation, he shall not investigate the case.
1
[Provided further that in relation to an offence of rape, the recording of statement of the victim shall be 
conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police 
officer in the presence of her parents or guardian or near relatives or social worker of the locality.] 
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge 
of the police station shall state in his report his reasons for not fully complying with the requirements of that subsection,
and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the 
informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate 
the case or cause it to be investigated.

158. Report how submitted.—(1) Every report sent to a Magistrate under section 157 shall, if the State 
Government so directs, be submitted through such superior officer of police as the State Government, by general or 
special order, appoints in that behalf.
(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, 
and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

159. Power to hold investigation or preliminary inquiry.—Such Magistrate, on receiving such report, may direct 
an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a 
preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.

160. Police officer’s power to require attendance of witnesses.—(1) Any police officer making an investigation 
under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits 
of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the 
facts and circumstances of the case; and such person shall attend as so required:
Provided that no male person 2
[under the age of fifteen years or above the age of sixty-five years or a woman or 
a mentally or physically disabled person] shall be required to attend at any place other than the place in which such 
male person or woman resides.
(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the 
reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

161. Examination of witnesses by police.—(1) Any police officer making an investigation under this Chapter, 
or any police officer not below such rank as the State Government may, by general or special order, prescribe in this 
behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the 
facts and circumstances of the case.
(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, 
other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty 
or forfeiture.
(3) The police officer may reduce into writing any statement made to him in the course of an examination under 
this section; and if he does so, he shall make a separate and true record of the statement of each such person whose 
statement he records.
1
[Provided that statement made under this sub-section may also be recorded by audio-video electronic means:]
2
[Provided further that the statement of a woman against whom an offence under section 354, section 354A, 
section 354B, section 354C, section 354D, section 376, 3
[section 376A, section 376AB, section 376B, section 376C, 
section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is 
alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.]

STATE AMENDMENT

Chhattisgarh

The second proviso to sub-section (3) of section 161 of the Code, shall be substituted with the following proviso, 
namely: —
Provided further that statement of the woman against whom an offence under section 354, section 354A, section 
354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 
376D, section 376E, section 509, section 509A or section 509B of the Indian Penal Code, is alleged to have been 
committed or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded by 
audio-video means, as far as possible, and it shall be the duty of such police officer to take all such steps as are 
necessary to protect the identity of the woman.
[Vide Chhattisgarh Act 25 of 2015, s. 8]

162. Statements to police not to be signed: Use of statements in evidence.—(1) No statement made by any 
person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed 
by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, 
or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial 
in respect of any offence under investigation at the time when such statement was made:
Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been 
reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the 
permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the 
Indian Evidence Act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be 
used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his crossexamination.
(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of 
section 32 of the Indian Evidence Act, 1872 (1 of 1872); or to affect the provisions of section 27 of that Act.
Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may 
amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in 
which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a 
question of fact.

163. No inducement to be offered.—(1) No police officer or other person in authority shall offer or make, or 
cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian 
Evidence Act, 1872 (1 of 1872).
(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in 
the course of any investigation under this Chapter any statement which he may be disposed to make of his own free 
will: Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164.

164. Recording of confessions and statements.—(1) Any Metropolitan Magistrate or Judicial Magistrate may, 
whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an 
investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before 
the commencement of the inquiry or trial:
1
[Provided that any confession or statement made under this sub-section may also be recorded by audio-video 
electronic means in the presence of the advocate of the person accused of an offence:
Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate 
has been conferred under any law for the time being in force.]
(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not 
bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall 
not record any such confession unless, upon questioning the person making it, he has reason to believe that it is 
being made voluntarily.
(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not 
willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
(4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination 
of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a 
memorandum at the foot of such record to the following effect:—
“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession 
he may make may be used as evidence against him and I believe that this confession was voluntarily made. It 
was taken in my presence and hearing, and was read over to the person making it and admitted by him to be 
correct, and it contains a full and true account of the statement made by him.

 (Signed) A. B.
Magistrate.”

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner 
hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the 
circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is 
so recorded.
2
[(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, 
sub-section (1) or sub-section (2) of section 376, 3
[section 376A, section 376AB, section 376B, section 376C, 
section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code (45 of 1860), 
the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in 
the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the 
police:
Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, 
the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:
Provided further that if the person making the statement is temporarily or permanently mentally or physically 
disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video 
graphed.
(b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically 
disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian 
Evidence Act, 1872 (1 of 1872) such that the maker of the statement can be cross-examined on such statement, 
without the need for recording the same at the time of trial.]
(6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by
whom the case is to be inquired into or tried.
 

STATE AMENDMENT
Chhattisgarh
In clause (a) of sub-section (5A) of Section 164 of the Code, for the words and figures “or section 
509” the punctuation, words and figures, “section 376F, section 509, section 509A or section 509B” shall 
be substituted.
[Vide Chhattisgarh Act 25 of 2015, s. 9] 
Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep
After sub-section (1) of section 164, the following sub-section shall be inserted, namely: —“(1A) 
Where; in any island, there is no Judicial Magistrate for the time being, and the State Government is of 
opinion that it is necessary and expedient so to do, that Government may, after consulting the High Court, 
specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred 
by sub-section (1) on a Judicial Magistrate, and thereupon references in section 164 to a Judicial 
Magistrate shall be construed as references to the Executive Magistrate so empowered.”;
[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.]

164A. Medical examination of the victim of rape.—(1) Where, during the stage when an offence of 
committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with 
whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such 
examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government 
or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the 
consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to 
such registered medical practitioner within twenty-four hours from the time of receiving the information relating to 
the commission of such offence.
(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person 
and prepare a report of his examination giving the following particulars, namely:—
(i) the name and address of the woman and of the person by whom she was brought;
(ii) the age of the woman;
(iii) the description of material taken from the person of the woman for DNA profiling;
(iv) marks of injury, if any, on the person of the woman;
(v) general mental condition of the woman; and
(vi) other material particulars in reasonable detail.
(3) The report shall state precisely the reasons for each conclusion arrived at.
(4) The report shall specifically record that the consent of the woman or of the person competent to give such 
consent on her behalf to such examination had been obtained.
(5) The exact time of commencement and completion of the examination shall also be noted in the report.
(6) The registered medical practitioner shall, without delay forward the report to the investigating officer who
shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of 
sub-section (5) of that section.
(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the 
woman or of any person competent to give such consent on her behalf.
Explanation.—For the purposes of this section, “examination” and “registered medical practitioner” shall have 
the same meanings as in section 53.

STATE AMENDMENT
Chhattisgarh
In Section 164A, except explanation clause, of the Code, for the words “registered medical practitioner”, where 
it occurs for the first time, the words “female registered medical practitioner” shall be substituted.
[Vide Chhattisgarh Act 25 of 2015 s. 10.]

165. Search by police officer.—(1) Whenever an officer in charge of a police station or a police officer making 
an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation 
into any offence which he is authorised to investigate may be found in any place within the limits of the police 
station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise 
obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in 
such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for 
such thing in any place within the limits of such station.
(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.
(3) If he is unable to conduct the search in person, and there is no other person competent to make the search 
present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him 
to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be 
searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may 
thereupon search for such thing in such place.
(4) The provisions of this Code as to search-warrants and the general provisions as to searches contained in 
section 100 shall, so far as may be, apply to a search made under this section.
(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest 
Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on 
application, be furnished, free of cost, with a copy of the same by the Magistrate.

166. When officer in charge of police station may require another to issue search-warrant.—(1) An officer 
in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation 
may require an officer in charge of another police station, whether in the same or a different district, to cause a 
search to be made in any place, in any case in which the former officer might cause such search to be made, within 
the limits of his own station.
(2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shall 
forward the thing found, if any, to the officer at whose request the search was made.
(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another 
police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an 
offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer 
making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another 
police station in accordance with the provisions of section 165, as if such place were within the limits of his own 
police station.
(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer 
in charge of the police station within the limits of which such place is situate, and shall also send with such notice a 
copy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to take 
cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 165.
(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of 
any record sent to the Magistrate under sub-section (4).

166A. Letter of request to competent authority for investigation in a country or place outside India.—
(1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, an 
application is made by the investigating officer or any officer superior in rank to the investigating officer that 
evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a 
Court or an authority in that country or place competent to deal with such request to examine orally any person 
supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the 
course of such examination and also to require such person or any other person to produce any document or thing 
which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the 
authenticated copies thereof or the thing so collected to the Court issuing such letter.
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this 
behalf.
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the 
evidence collected during the course of investigation under this Chapter.

166B. Letter of request from a country or place outside India to a Court or an authority for investigation 
in India.—(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India 
competent to issue such letter in that country or place for the examination of any person or production of any 
document or thing in relation to an offence under investigation in that country or place, the Central Government 
may, if it thinks fit—
(i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such 
Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon 
the person before him and record his statement or cause the document or thing to be produced; or
(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in 
the same manner,
as if the offence had been committed within India.
(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so 
collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for 
transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government 
may deem fit.]

167. Procedure when investigation cannot be completed in twenty-four hours.—(1) Whenever any person 
is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of 
twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is wellfounded, the officer in charge of the police station or the police officer making the investigation, if he is not below 
the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary 
hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not 
jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such 
Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case 
or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a 
Magistrate having such jurisdiction: 
Provided that—
2
[(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the 
police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no 
Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period 
exceeding—
(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life 
or imprisonment for a term of not less than ten years;
(ii) sixty days, where the investigation relates to any other offence,
and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be 
released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section 
shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;]
1
[(b) no Magistrate shall authorise detention of the accused in custody of the police under this section 
unless the accused is produced before him in person for the first time and subsequently every time till the 
accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody 
on production of the accused either in person or through the medium of electronic video linkage;]
(c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall 
authorise detention in the custody of the police.
2
[Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the 
period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.]
3
[Explanation II.—If any question arises whether an accused person was produced before the Magistrate as 
required under clause (b), the production of the accused person may be proved by his signature on the order 
authorising detention or by the order certified by the Magistrate as to production of the accused person through the 
medium of electronic video linkage, as the case may be.]
4
[Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in 
the custody of a remand home or recognised social institution.] 
5
[(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the 
police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, 
where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a 
Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter 
prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and 
thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the 
accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the 
expiry of the period of detention so authorised, the accused person shall be released on bail except where an order 
for further detention of the accused person has been made by a Magistrate competent to make such order; and, 
where an order for such further detention is made, the period during which the accused person was detained in 
custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in 
computing the period specified in paragraph (a) of the proviso to sub-section (2):
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest 
Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which 
was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as 
the case may be.]
(3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for 
so doing.
(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his 
order, with his reasons for making it, to the Chief Judicial Magistrate.
(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period 
of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further 
investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special 
reasons and in the interests of justice the continuation of the investigation beyond the period of six months is 
necessary.
(6) Where any order stopping further investigation into an offence has been made under sub-section (5), the 
Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the 
offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made 
into the offence subject to such directions with regard to bail and other matters as he may specify.
STATE AMENDMENTS
Gujarat
In the proviso to sub-Section (2) of section 167 of the Code of Criminal Procedure, 1973, in its application to the 
State of Gujarat, —
(i) for paragraph (a), the following paragraph shall be substituted, namely: —
(a) the Magistrate may authorise detention of the accused person, otherwise than in the custody of the police, 
beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate 
shall authorise the detention of the accused person in custody under this section for a total period exceeding—
(i) one hundred and twenty days, where the investigation relates to an offence punishable with death, 
imprisonment for life or imprisonment for a term of not less than ten years,
(ii) sixty days, where the investigation relates to any offence;
and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the ease may be, the accused 
person shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under this 
section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;
(ii) in paragraph (b), for the words “no Magistrate shall” the words “no Magistrate shall, except for reason to 
be recorded in writing” shall be substituted;
(iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so numbered, the 
following Explanation shall be inserted, namely: —
Explanation I. —For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period 
specified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail.
Amendment to apply to pending investigation.—The provisions of section 167 of the Code of Criminal 
Procedure, 1973, as amended by this Act, shall apply to every investigation pending immediately before the 
commencement of this Act, if the period of detention of the accused person, otherwise than in the custody of the 
police, authorised under that section, had not, at such commencement, exceeded sixty days.]
[Vide Gujarat Act 21 of 1976, s. 2 & 3]
Gujarat
In Section 167, in sub-section (2) : —
(1) in the proviso, for paragraph (b), the following paragraph shall be substituted, namely: —
“(b) no Magistrate shall authorise further detention in any custody under this section unless—
(i) where the accused is in the custody of police, he is produced in person before the Magistrate, and
(ii) where the accused is otherwise than in the custody of the police, he is produced before the Magistrate 
either in person or through the medium of electronic video linkage, in accordance with the direction of the 
Magistrate.”;
(2) in Explanation II, after the words “ whether an accused person was produced before the Magistrate”, the 
words “in person or, as the case may be, through the medium of electronic video linkage” shall be inserted.
[Vide Gujarat Act 31 of 2003, s. 2.]
Chhattisgarh
(1) In clause (b) of Sub-Section (2) of Section 167 of the principal Act, for the word “any” the word “police”
shall be substituted.
(2) After clause (b) of sub-section (2) of Section 167 of the Principal Act, the following new sub-clause (bb) 
shall be added, namely:—
“(bb) No magistrate shall authorise detention of the accused person other than in the custody of the police under 
this section unless the accused is produced before him either in person of through the medium of electronic video 
linkage and represented by his pleader in the Court.”
(3) In explanation II, after words “was produced” the word “from police custody” shall be added.
(4) After explanation II, the following new explanation shall be added:-
“III. If any question arises whether an accused person was produced from otherwise than in the custody of the 
police in person or (as the case may be) through medium of electronic video linkage before the Magistrate as 
required under paragraph (bb), the production of the accused person may be proved by his or his pleader’s signature 
on the order authorising detention.”
[Vide Chhattisgarh Act 13 of 2006, sec. 3]
Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep
In section 167,—
(i) in sub-section (1) after the words “nearest Judicial Magistrate” the words “or, if there is no 
Judicial Magistrate in an island, to an Executive Magistrate functioning in that island” shall be inserted; 
(ii) after sub-section (1), the following sub-section shall be inserted, namely:—
“(1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in section 167 
to a Magistrate shall be construed as references to such Executive Magistrate;”
(iii) to sub-section (3), the following proviso shall be added, namely:—
“Provided that no Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, shall 
unless he is specially empowered in this behalf by the State Government, authorise detention in the custody 
of the police.”
(iv) to sub-section (4), the following proviso shall be added, namely:—
“Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order 
shall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he is 
immediately subordinate.”
[Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.]
Maharashtra
Amendment of section 167. — In Section 167 of the Code of Criminal Procedure, 1973, (2 of 1974) in 
its application to the State of Maharashtra,—
(a) in sub-section (2) in the proviso, for paragraph (b), the following paragraph shall be substituted, 
namely:—
(b) no Magistrate shall authorise detention in any custody, of the accused person under this section 
unless, the accused person is produced before him in person, and for any extension of custody 
otherwise than the extension in the police custody, the accused person may be produced either in 
person or through the medium of electronic video linkage.” ;
(b) in Explanation II, for the words “an accused person was produced”, the words “an accused person 
was produced in person or as the case may be, through the medium of electronic video linkage” shall be 
substituted.
[Vide Maharashtra Act 8 of 2005, s. 2]
Madhya Pradesh 
Amendment of Section 167.—In sub-section (2) of section 167 of the principal Act,— (i) in the 
proviso, for paragraph (b), the following paragraph shall be substituted, namely: —
“(b) no magistrate shall authorise detention in any custody under this section unless the accused is 
produced before him in person for the first time and subsequently every time till such time the accused 
remains in the custody of police, but the Magistrate may extend further detention in judicial custody on 
production of accused either in person or through the medium of electronic video linkage;”;
(ii) for Explanation II, the following Explanation shall be substituted, namely:—
“Explanation II.—If any question arise whether an accused person was produced before the 
Magistrate as required under paragraph (b), the production of the accused person may be proved by his 
signature on the order authorising detention or by the order certified by the Magistrate as to production 
of the accused person through the medium of electronic video linkage, as the case may be.”.
[Vide Madhya Pradesh Act 2 of 2008, s. 3.]
West Bengal 
In section 167 of the principal Act,—
(a) In Section 167 of sub-section (5), the following sub-section shall be substituted:—
“(5) If, in respect of—
(i) any case triable by a Magistrate as a summons case, the investigation is not concluded within 
a period of six months, or
(ii) any case exclusively triable by a Court of Session or a case under Chapter XVIII of the 
Indian Penal Code (45 of 1860), the investigation is not concluded within a period of three years, or
(iii) any case other than those mentioned in clauses (i) and (ii), the investigation is not 
concluded within a period of two years, from the date on which the accused was arrested or made 
his appearance, the Magistrate shall make an order stopping further investigation into the offence 
and shall discharge the accused unless the officer making the investigation satisfies the Magistrate 
that for special reasons and in the interests of justice the continuation of the investigation beyond 
the periods mentioned in this sub-section is necessary.”;
(b) in sub-section (6), after the “words any order stopping further investigation into an offence has 
been made” the words “and the accused has been discharged” shall be inserted.
[Vide West Bengal Act 24 of 1988, s. 4.]
West Bengal
Amendment of section 167.- In the proviso to sub-section (2) of section 167 of the principal Act, for 
clause (b), the following clause shall be substituted:—
“(b) no Magistrate shall authorize detention under this section—
(i) in the police custody, unless the accused is produced before him in person every time till the 
accused is in police custody;
(ii) in the judicial custody, unless the accused is produced before him either in person or through 
the medium of electronic video linkage;”.
[Vide West Bengal Act 20 of 2004, s. 3.]
Assam
In Section 167 of the Code:—
(a) in sub-section (i) the reference to “Judicial Magistrate” shall be construed as reference also to 
executive Magistrate;
(b) in sub-section (2):—
(i) for the word “Magistrate” at the first two places where that word is preceded by the definite 
article, the words “Judicial Magistrate or the Executive Magistrate, as the case may be,” shall be 
substituted;
(ii) for the word “Magistrate”, at the place where that word is preceded by the indefinite article 
“a”, the words and brackets “Magistrate (whether Judicial or Executive)” shall be substituted;
(iii) paragraph (c) of the proviso shall be omitted;
(c) Sub-section (2A) shall be omitted:—
(d) in sub-section (4), for the words “to the Chief Judicial Magistrate,” the words “where such 
Magistrate is a Judicial Magistrate, to the Chief Judicial Magistrate and where such Magistrate is an 
Executive Magistrate to the Session Judge” shall be substituted.
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.] 
Delhi
In its application to the State of Delhi, in section 167, in sub-section (2):—
(i) for clause (b), substitute the following clause, namely:—
“(b) no Magistrate shall authorise detention in any custody under this section unless the accused is 
produced before him either in person or through the medium of electronic video linkage:
Provided that if the accused is in police custody, no Magistrate shall authorise his detention in any 
custody unless the accused is produced before him in person;”
(ii) for the Explanation II thereunder, substitute the following Explanation, namely:—
“Explanation II.- If any question arises whether an accused person was produced in person or, as 
the case may be, through the medium of electronic video linkage before the magistrate as required 
under paragraph (b), the production of the accused person may be proved by his signature on the order 
authorising his detention or by video recording of the proceedings, as the case may be.”.
[Vide Delhi Act 4 of 2004, s. 2 (w.e.f. 16-8-2004).]
Orissa
Amendment of section 167.—In the proviso to sub-section (2) of section 167 of the Code of 
Criminal Procedure, 1973 (2 of 1974),-
(i) for paragraph (b), the following paragraph shall be substituted, namely:—
“(b) no Magistrate shall authorize detention of the accused in custody of the police under this 
section unless the accused in produced before him in person for the first time and subsequently every 
time till the accused remains in the custody of the police, but the Magistrate may extend further 
detention in Judicial custody on production of the accused either in person or through the medium of 
electronic video linkage;”, and
(ii) for Explanation II, the following Explanation shall be substituted, namely:—
“Explanation II— If any question arises whether an accused person was produced before the 
Magistrate as required under paragraph (b), the production of the accused person may be proved by 
his signature on the order authorizing detention or by the order certified by the Magistrate as to 
production of the accused person through the medium of electronic video linkage, as the case may 
be.”.
[Vide Orissa Act 16 of 2009, s. 2]
Amendment of section 167.— In section 167 of the Code of Criminal Procedure, 1973, in paragraph (a) 
of the proviso to sub-section (2),—
(i) For the words “under this paragraph” the words “under this section” shall be substituted; and
(ii) For the words “ninety days” wherever they occur, the words “ one hundred and twenty days” 
shall be substituted.
[Vide Orissa Act 11 of 1997, s. 2]

168. Report of investigation by subordinate police officer.—When any subordinate police officer has made 
any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the 
police station.

169. Release of accused when evidence deficient.—If, upon an investigation under this Chapter, it appears to 
the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to 
justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on 
his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before 
a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him 
for trial.

170. Cases to be sent to Magistrate, when evidence is sufficient.—(1) If, upon an investigation under this 
Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground 
as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance 
of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and 
the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day 
fixed and for his attendance from day to day before such Magistrate until otherwise directed.
(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security 
for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other 
article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of 
the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think 
necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as 
the case may be) in the matter of the charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include 
any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such 
reference is given to such complainant or persons.
(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who 
executed it, and shall then send to the Magistrate the original with his report.

171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to 
restraint.—No complainant or witness on his way to any Court shall be required to accompany a police officer, or 
shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance 
other than his own bond:
Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the 
officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody 
until he executes such bond, or until the hearing of the case is completed.

172. Diary of proceedings in investigation.—(1) Every police officer making an investigation under this 
Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the 
information reached him, the time at which he began and closed his investigation, the place or places visited by him, 
and a statement of the circumstances ascertained through his investigation.
1
[(1A) The statements of witnesses recorded during the course of investigation under section 161 shall be 
inserted in the case diary.
(1B) The diary referred to in sub-section (1) shall be a volume and duly paginated.]
(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may 
use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to 
see them merely because they are referred to by the Court; but, if they are used by the police officer who made them 
to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions 
of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply

173. Report of police officer on completion of investigation.—(1) Every investigation under this Chapter 
shall be completed without unnecessary delay.
2
[(1A) The investigation in relation to 3
[an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 
376DB or 376E] from the date on which the information was recorded by the officer in charge of the police station.]
(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate 
empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State 
Government, stating—
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be acquainted with the circumstances of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether he has been released on his bond and, if so, whether with or without sureties;
(g) whether he has been forwarded in custody under section 170.
1
[(h) whether the report of medical examination of the woman has been attached where investigation relates 
to an offence under 2
[ sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Indian 
Penal Code (45 of 1860)].]
(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the 
action taken by him, to the person, if any, by whom the information relating to the commission of the offence was 
first given.
(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in 
which the State Government by general or special order so directs, be submitted through that officer, and he may, 
pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.
(4) Whenever it appears from a report forwarded under this section that the accused has been released on his 
bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.
(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the 
Magistrate along with the report—
(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those 
already sent to the Magistrate during investigation;
(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine 
as its witnesses.
(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of 
the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the 
public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude 
that part from the copies to be granted to the accused and stating his reasons for making such request.
(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused 
copies of all or any of the documents referred to in sub-section (5).
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a 
report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in 
charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a 
further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6)
shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded 
under sub-section (2).

174. Police to enquire and report on suicide, etc.—(1) When the officer in charge of a police station or some 
other police officer specially empowered by the State Government in that behalf receives information that a person 
has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died 
under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall 
immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless 
otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District
or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the 
presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a 
report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may 
be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to 
have been inflicted.
(2) The report shall be signed by such police officer and other persons, or by so many of them as 
concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional 
Magistrate.
(3)
1
[When—
(i) the case involves suicide by a woman within seven years of her marriage; or
(ii) the case relates to the death of a woman within seven years of her marriage in any 
circumstances raising a reasonable suspicion that some other person committed an offence in relation 
to such woman; or
(iii) the case relates to the death of a woman within seven years of her marriage and any relative of 
the woman has made a request in this behalf; or
(iv) there is any doubt regarding the cause of death; or 
(v) the police officer for any other reason considers it expedient so to do,
he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, 
with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed 
in this behalf by the State Government, if the state of the weather and the distance admit of its being so 
forwarded without risk of such putrefaction on the road as would render such examination useless.
(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or 
Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the 
State Government or the District Magistrate.

175. Power to summon persons.—(1) A police officer proceeding under section 174 may, by order 
in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any 
other person who appears to be acquainted with the facts of the case and every person so summoned shall 
be bound to attend and to answer truly all questions other than questions the answers to which would have 
a tendency to expose him to a criminal charge or to a penalty or forfeiture.
(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall 
not be required by the police officer to attend a Magistrate’s Court.

176. Inquiry by Magistrate into cause of death.—(1)
*** when the case is of the nature referred 
to in clause (i) or clause (ii) of sub-section (3) of section 174], the nearest Magistrate empowered to hold 
inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so 
empowered may hold an inquiry into the cause of death either instead of, or in addition to, the 
investigation held by the police officer; and if he does so, he shall have all the powers in conducting it 
which he would have in holding an inquiry into an offence.
1
[(1A) Where,—
(a) any person dies or disappears, or
(b) rape is alleged to have been committed on any woman,
while such person or woman is in the custody of the police or in any other custody authorised by the 
Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an 
inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within 
whose local jurisdiction the offence has been committed.]
(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection 
therewith in any manner hereinafter prescribed according to the circumstances of the case.
(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any 
person who has been already interred, in order to discover the cause of his death, the Magistrate may 
cause the body to be disinterred and examined.
(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, 
inform the relatives of the deceased whose names and addresses are known, and shall allow them to 
remain present at the inquiry.
3
[(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer 
holding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-four 
hours of the death of a person, forward the body with a view to its being examined to the nearest Civil 
Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is 
not possible to do so for reasons to be recorded in writing.]
Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and 
spouse.

177. Ordinary place of inquiry and trial.—Every offence shall ordinarily be inquired into and tried 
by a Court within whose local jurisdiction it was committed.

178. Place of inquiry or trial.—(a) When it is uncertain in which of several local areas an offence 
was committed, or
(b) where an offence is committed partly in one local area and partly in another, or
(c) where an offence is a continuing one, and continues to be committed in more local areas than 
one, or
(d) where it consists of several acts done in different local areas,
it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

179. Offence triable where act is done or consequence ensues.—When an act is an offence by 
reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into 
or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

180. Place of trial where act is an offence by reason of relation to other offence.—When an act is an offence 
by reason of its relation to any other act which is also an offence or which would be an offence if the doer were
capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose 
local jurisdiction either act was done.

181. Place of trial in case of certain offences.—(1) Any offence of being a thug, or murder committed by a 
thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be 
inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is 
found.
(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose 
local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.
(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local 
jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by 
any person committing it or by any person who received or retained such property knowing or having reason to 
believe it to be stolen property.
(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a 
Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of 
the offence was received or retained, or was required to be returned or accounted for, by the accused person.
(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court 
within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who 
received or retained it knowing or having reason to believe it to be stolen property.

182. Offences committed by letters, etc.—(1) Any offence which includes cheating may, if the deception is 
practised by means of letters or telecommunication messages, be inquired into or tried by any Court within whose 
local jurisdiction such letters or messages were sent or were received; and any offence of cheating and dishonestly 
inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property 
was delivered by the person deceived or was received by the accused person.
(2) Any offence punishable under section 494 or section 495 of the Indian Penal Code (45 of 1860) may be 
inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last 
resided with his or her spouse by the first marriage 1
[, or the wife by the first marriage has taken up permanent 
residence after the commission of the offence].

183. Offence committed on journey or voyage.—When an offence is committed whilst the person by or 
against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or 
voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or 
thing passed in the course of that journey or voyage.

184. Place of trial for offences triable together.—Where—
(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, 
each such offence by virtue of the provisions of section 219, section 220 or section 221, or
(b) the offence or offences committed by several persons are such that they may be charged with and tried 
together by virtue of the provisions of section 223,
the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.

185. Power to order cases to be tried in different sessions divisions.—Notwithstanding anything contained in 
the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed 
for trial in any district may be tried in any sessions division:
Provided that such direction is not repugnant to any direction previously issued by the High Court or the 
Supreme Court under the Constitution, or under this Code or any other law for the time being in force.

186. High Court to decide, in case of doubt, district where inquiry or trial shall take place.—Where two or 
more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire 
into or try that offence, the question shall be decided—
(a) if the Courts are subordinate to the same High Court, by that High Court;
(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of 
whose appellate criminal jurisdiction the proceedings were first commenced,
and thereupon all other proceedings in respect of that offence shall be discontinued.

187. Power to issue summons or warrant for offence committed beyond local jurisdiction.—(1) When a 
Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside 
such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 177 to 
185 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction 
but is under some law for the time being in force triable in India, such Magistrate may inquire into the offence as if 
it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to 
appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, 
if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give 
bail to the satisfaction of the Magistrate acting under this section, take a bond with or without sureties for his 
appearance before the Magistrate having such jurisdiction.
(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this 
section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, 
the case shall be reported for the orders of the High Court. 

188. Offence committed outside India.—When an offence is committed outside India—
(a) by a citizen of India, whether on the high seas or elsewhere; or
(b) by a person, not being such citizen, on any ship or aircraft registered in India,
he may be dealt with in respect of such offence as if it had been committed at any place within India at which he 
may be found:
Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall 
be inquired into or tried in India except with the previous sanction of the Central Government.

189. Receipt of evidence relating to offences committed outside India.—When any offence alleged to have 
been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the 
Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a 
Judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory 
shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue 
a commission for taking evidence as to the matters to which such depositions or exhibits relate.

190. Cognizance of offences by Magistrates.—(1) Subject to the provisions of this Chapter, any Magistrate of 
the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may 
take cognizance of any offence—
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts;
(c) upon information received from any person other than a police officer, or upon his own knowledge, that 
such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under 
sub-section (1) of such offences as are within his competence to inquire into or try.
STATE AMENDMENTS
Maharashtra 
Amendment of section 190.- In section 190 of the said Code, in sub-section (1), after clause (c), following 
provisos shall be added, namely:—
“Provided that, no Magistrate shall take cognizance of any offence alleged to have been committed by any 
person who is or was a public servant as defined under any other law for the time being in force, while acting or 
purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the 
Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:
Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date 
of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the 
said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning 
authority.”.
[Vide Maharashtra Act 33 of 2016, s. 3.]
Assam
In Section 190 of the Code, in sub-section (1), after the words “any Magistrate of the first class” the words 
“any Executive Magistrate” shall be inserted;
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

191. Transfer on application of the accused.—When a Magistrate takes cognizance of an offence under 
clause (c) of sub-section (1) of section 190, the accused shall, before any evidence is taken, be informed that he is 
entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if 
there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be 
transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

STATE AMENDMENT
Assam

In Section 191 of the Code, the reference to “Chief Judicial Magistrate” Shall, in relation to an offence taken 
cognizance of by an Executive Magistrate, be construed as a reference to the District Magistrate. 
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

192. Making over of cases to Magistrates.—(1) Any Chief Judicial Magistrate may, after taking cognizance of 
an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking 
cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief 
Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or 
trial.
STATE AMENDMENT
Assam
In Section 192 of the Code:—
(i) in sub-section (1), after the word “Any” the words “District Magistrate” shall be inserted;
(ii) sub-section (2) shall be substituted as follows:—
(2) Any Sub-divisional Magistrate or Magistrate of the first class empowered in this behalf by District
Magistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make 
over the case for enquiry or trial to such other competent Magistrate as the District Magistrate or Chief Judicial 
Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the enquiry or 
trail.
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]

193. Cognizance of offences by Courts of Session.—Except as otherwise expressly provided by this Code or 
by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of 
original jurisdiction unless the case has been committed to it by a Magistrate under this Code.

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice 
and for offences relating to documents given in evidence.—(1) No Court shall take cognizance—
(a) (i) of any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code, 
(45 of 1860), or
(ii) of any abetment of, or attempt to commit, such offence, or
(iii) of any criminal conspiracy to commit such offence,
except on the complaint in writing of the public servant concerned or of some other public servant to whom he is 
administratively subordinate;
(b) (i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), 
namely, sections 193 to 196 (both inclusive), 199, 200, 205 to 211 (both inclusive) and 228, when such offence 
is alleged to have been committed in, or in relation to, any proceeding in any Court, or
(ii) of any offence described in section 463, or punishable under section 471, section 475 or section 476, of 
the said Code, when such offence is alleged to have been committed in respect of a document produced or given 
in evidence in a proceeding in any Court, or
(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified 
in sub-clause (i) or sub-clause (ii),
1
[except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in 
writing in this behalf, or of some other Court to which that Court is subordinate.]
(2) Where a complaint has been made by a public servant under clause (a) of sub-section (1) any authority to 
which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to 
the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint:
Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.
(3) In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a 
tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for the 
purposes of this section.
(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to 
which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil 
Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary original civil jurisdiction 
within whose local jurisdiction such Civil Court is situate:
Provided that—
(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court 
to which such Court shall be deemed to be subordinate;
(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate 
to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the 
offence is alleged to have been committed.

195A. Procedure for witnesses in case of threatening, etc.—A witness or any other person may file a 
complaint in relation to an offence under section 195A of the Indian Penal Code (45 of 1860).] 

196. Prosecution for offences against the State and for criminal conspiracy to commit such offence.—(1)
No Court shall take cognizance of—
(a) any offence punishable under Chapter VI or under section 153A, 2
[section 295A or sub-section (1) of 
section 505] of the Indian Penal Code (45 of 1860), or
(b) a criminal conspiracy to commit such offence, or
(c) any such abetment, as is described in section 108A of the Indian Penal Code (45 of 1860), 
except with the previous sanction of the Central Government or of the State Government.
3
[(1A) No Court shall take cognizance of—
(a) any offence punishable under section 153B or sub-section (2) or sub-section (3) of section 505 of the 
Indian Penal Code (45 of 1860), or
(b) a criminal conspiracy to commit such offence,
except with the previous sanction of the Central Government or of the State Government or of the District 
Magistrate.]
(2) No Court shall take cognizance of the offence of any criminal conspiracy punishable under section 120B of 
the Indian Penal Code (45 of 1860), other than a criminal conspiracy to commit 4
[an offence] punishable with death, 
imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or 
the District Magistrate has consented in writing to the initiation of the proceedings:
Provided that where the criminal conspiracy is one to which the provisions of section 195 apply, no such 
consent shall be necessary.
(3) The Central Government or the State Government may, before according sanction 5
[under sub-section (1)
or sub-section (1A) and the District Magistrate may, before according sanction under sub-section (1A)] and the 
State Government or the District Magistrate may, before giving consent under sub-section (2), order a preliminary 
investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have 
the powers referred to in sub-section (3) of section 155.

197. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or Magistrate 
or a public servant not removable from his office save by or with the sanction of the Government is accused of any 
offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, 
no Court shall take cognizance of such offence except with the previous sanction 6
[save as otherwise provided in the 
Lokpal and Lokayuktas Act, 2013 (1 of 2014)]—
(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the 
alleged offence employed, in connection with the affairs of the Union, of the Central Government;
(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the 
alleged offence employed, in connection with the affairs of a State, of the State Government:
1
[Provided that where the alleged offence was committed by a person referred to in clause (b) during the period 
while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will 
apply as if for the expression “State Government” occurring therein, the expression “Central Government” were 
substituted.]
2
[Explanation.—For the removal of doubts it is hereby declared that no sanction shall be required in case of a 
public servant accused of any offence alleged to have been committed under section 166A, section 166B, 
section 354, section 354A, section 354B, section 354C, section 354D, section 370, section 375, 3
[section 376A,
section 376AB, section 376C, section 376D, section 376DA, section 376DB] or section 509 of the Indian Penal 
Code (45 of 1860).]
(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the 
Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the 
previous sanction of the Central Government.
(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such 
class or category of the members of the Forces charged with the maintenance of public order as may be specified 
therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the 
expression “Central Government” occurring therein, the expression “State Government” were substituted.
4
[(3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence, 
alleged to have been committed by any member of the Forces charged with the maintenance of public order in a 
State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation 
issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of 
the Central Government.
(3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is hereby declared that any 
sanction accorded by the State Government or any cognizance taken by a court upon such sanction, during the period 
commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the 
Code of Criminal Procedure (Amendment) Act, 1991 (43 of 1991), receives the assent of the President, with respect to an 
offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of 
the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such 
matter to accord sanction and for the court to take cognizance thereon.]
(4) The Central Government or the State Government, as the case may be, may determine the person by whom, 
the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public 
servant is to be conducted, and may specify the Court before which the trial is to be held.
STATE AMENDMENT
Tripura. —
Insertion of a new Section 197(IA).—In the Code of Criminal Procedure, 1973, in section 197 after 
sub-section (I) the following sub-section shall be inserted, only for application in the State of Tripura, 
namely:—
“(IA) When as per provision of any relevant law for the time being in force a public servant referred 
to in Sub-Section (1) (b) is directly appointed, transferred or posted by the State Government in any local 
or other authorities including a Government Company, Corporation or Public Sector Undertaking, he 
shall be deemed to be employed in connection with the affairs of the State and no Court shall take 
cognizance of any offence as referred to in Sub-Section (I) without previous sanction of the State 
Government.
[Vide Tripura Act 6 of 2003, s. 2 

Assam.—
In Section 197 of the Code. —
(a) in sub-section (1), for the words “in the discharge of” the words “in or in connection with
the discharge of” shall be substituted;
(b) in sub-section (2), for the words “in the discharge of” the words “in or in connection with 
the discharge of” shall be substituted;
(c) after sub-section (4), the fallowing subsections shall be inserted, namely: —
(5) Notwithstanding anything contained in this Code,—
(a) where a complaint is made to a Court against a public servant belonging to any class or 
category specified under sub-section (3) alleging that he has committed an offence, the Court shall 
postpone the issue of process against the accused and make a reference to the State Government; or
(b) where an accused, either by himself or through a pleader, claims before a Court that he 
belongs to any class or category specified under sub-section (3) and that the offence alleged to have 
been committed by him arose out of any action taken by him while acting or purporting to act in or 
in connection with the discharge of his official duty, the Court shall forthwith stay further 
proceedings and make a reference to the State Government.
(6) (i) Where a reference is received from a Court under sub-section (5), the State Government 
shall issue a certificate to the Court that the accused person was or was not acting or purporting to act 
in, or in connection with the discharge of his official duty.
(ii) If the State Government certifies that the accused was acting or purporting to act in or in 
connection with the discharge of his official duty, the Court shall dismiss the complaint or 
discharge the accused:
Provided that the complainant may, within sixty days from the date of the issue of such 
certificate prefer an appeal to the High Court against the Certificate:
Provided further that the High Court may entertain the appeal after the expiry of the said period
of sixty days if it is satisfied that the appellant was prevented by sufficient cause from preferring 
the appeal within the said period.
(iii) If the State Government certifies that the accused was not acting or purporting to act in or in 
connection with, the discharge of his official duty, the Court may proceed further with the 
complaint in accordance with the provisions of this Code.
(7) The provisions of sub-sections (5) and (6) shall apply to all proceedings pending on the date of 
commencement of this Act in respect of which a Court had taken cognizance of an offence in 
accordance with the provisions of this Code.
[Vide Assam Act 3 of 1984, s. 4.]

198. Prosecution for offences against marriage.—(1) No Court shall take cognizance of an offence 
punishable under Chapter XX of the Indian Penal Code (45 of 1860) except upon a complaint made by some person 
aggrieved by the offence:
Provided that—
(a) where such person is under the age of eighteen years, or is an idiot or a lunatic, or is from sickness or 
infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not 
to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his 
or her behalf;
(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under 
conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to
enable him to make a complaint in person, some other person authorised by the husband in accordance with the 
provisions of sub-section (4) may make a complaint on his behalf
(c) where the person aggrieved by an offence punishable under 1
[section 494 or section 495] of the Indian 
Penal Code (45 of 1860) is the wife, complaint may be made on her behalf by her father, mother, brother, sister, 
son or daughter or by her father’s or mother’s brother or sister 2
[, or, with the leave of the Court, by any other 
person related to her by blood, marriage or adoption]. 
(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be 
aggrieved by any offence punishable under section 497 or section 498 of the said Code:
Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time 
when such offence was committed may, with the leave of the Court, make a complaint on his behalf.
(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be 
made on behalf of a person under the age of eighteen years or of a lunatic by a person who has not been appointed or 
declared by a competent authority to be the guardian of the person of the minor or lunatic, and the Court is satisfied 
that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause 
notice to be given to such guardian and give him a reasonable opportunity of being heard.
(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be 
signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the 
allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall 
be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a 
complaint in person cannot for the time being be granted to the husband.
(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), 
and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be 
presumed to be genuine and shall be received in evidence.
(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 
1860), where such offence consists of sexual intercourse by a man with his own wife, the wife being 
under 3
[eighteen years of age], if more than one year has elapsed from the date of the commission of the 
offence.
(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they 
apply to the offence.

198A. Prosecution of offences under section 498A of the Indian Penal Code.—No Court shall 
take cognizance of an offence punishable under section 498A of the Indian Penal Code (45 of 1860) 
except upon a police report of facts which constitute such offence or upon a complaint made by the 
person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s 
brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or 
adoption.

198B. Cognizance of offence.—No Court shall take cognizance of an offence punishable under
section 376B of the Indian Penal Code (45 of 1860) where the persons are in a marital relationship, 
except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having 
been filed or made by the wife against the husband.

199. Prosecution for defamation.—(1) No Court shall take cognizance of an offence punishable 
under Chapter XXI of the Indian Penal Code (45 of 1860) except upon a complaint made by some person 
aggrieved by the offence:
Provided that where such person is under the age of eighteen years, or is an idiot or a lunatic, or is 
from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs
and manners, ought not to be compelled to appear in public, some other person may, with the leave of the 
Court, make a complaint on his or her behalf.
(2) Notwithstanding anything contained in this Code, when any offence falling under Chapter XXI of 
the Indian Penal Code (45 of 1860) is alleged to have been committed against a person who, at the time of 
such commission, is the President of India, the Vice-President of India, the Governor of a State, the 
Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any 
other public servant employed in connection with the affairs of the Union or of a State in respect of his 
conduct in the discharge of his public functions a Court of Session may take cognizance of such offence, 
without the case being committed to it, upon a complaint in writing made by the Public Prosecutor.
(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence 
alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to 
the accused of the offence alleged to have been committed by him.
(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the 
previous sanction—
(a) of the State Government, in the case of a person who is or has been the Governor of that State 
or a Minister of that Government;
(b) of the State Government, in the case of any other public servant employed in connection with 
the affairs of the State;
(c) of the Central Government, in any other case.
(5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the 
complaint is made within six months from the date on which the offence is alleged to have been 
committed.
(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to 
have been committed, to make a complaint in respect of that offence before a Magistrate having 
jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.

200. Examination of complainant.—A Magistrate taking cognizance of an offence on complaint 
shall examine upon oath the complainant and the witnesses present, if any, and the substance of such 
examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and 
also by the Magistrate:
Provided that, when the complaint is made in writing, the Magistrate need not examine the 
complainant and the witnesses—
(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court 
has made the complaint; or
(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under 
section 192:
Provided further that if the Magistrate makes over the case to another Magistrate under section 192 
after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

201. Procedure by Magistrate not competent to take cognizance of the case.—If the complaint is
made to a Magistrate who is not competent to take cognizance of the offence, he shall,—
(a) if the complaint is in writing, return it for presentation to the proper Court with an 
endorsement to that effect;
(b) if the complaint is not in writing, direct the complainant to the proper Court.

202. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence 
of which he is authorised to take cognizance or which has been made over to him under section 192, may, 
if he thinks fit,
1
[and shall, in a case where the accused is residing at a place beyond the area in which he 
exercises his jurisdiction,] postpone the issue of process against the accused, and either inquire into the 
case himself or direct an investigation to be made by a police officer or by such other person as he thinks 
fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Provided that no such direction for investigation shall be made,— 
(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the 
Court of Session; or
(b) where the complaint has not been made by a Court, unless the complainant and the witnesses 
present (if any) have been examined on oath under section 200.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses 
on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by 
the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on 
oath.
(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall 
have for that investigation all the powers conferred by this Code on an officer in charge of a police station 
except the power to arrest without warrant.

203. Dismissal of complaint.—If, after considering the statements on oath (if any) of the 
complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 202, 
the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the 
complaint, and in every such case he shall briefly record his reasons for so doing.

204. Issue of process.—(1) If in the opinion of a Magistrate taking cognizance of an offence there is 
sufficient ground for proceeding, and the case appears to be—
(a) a summons-case, he shall issue his summons for the attendance of the accused, or
(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused 
to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction 
himself) some other Magistrate having jurisdiction.
(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the 
prosecution witnesses has been filed.
(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued 
under sub-section (1) shall be accompanied by a copy of such complaint.
(4) When by any law for the time being in force any process-fees or other fees are payable, no process 
shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the 
Magistrate may dismiss the complaint.
(5) Nothing in this section shall be deemed to affect the provisions of section 87.

205. Magistrate may dispense with personal attendance of accused.—(1) Whenever a Magistrate 
issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the 
accused and permit him to appear by his pleader.
(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the 
proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in 
the manner hereinbefore provided.

206. Special summons in cases of petty offence.—(1) If, in the opinion of a Magistrate taking 
cognizance of a petty offence, the case may be summarily disposed of under section 260 1
[or section 261], 
the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue 
summons to the accused requiring him either to appear in person or by pleader before the Magistrate on a 
specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to 
transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and 
the amount of fine specified in the summons or if he desires to appear by pleader and to plead guilty to 
the charge through such pleader, to authorise, in writing, the pleader to plead guilty to the charge on his 
behalf and to pay the fine through such pleader:
Provided that the amount of the fine specified in such summons shall not exceed 2
[one thousand
rupees].
(2) For the purposes of this section, “petty offence” means any offence punishable only with fine 
not exceeding one thousand rupees, but does not include any offence so punishable under the Motor 
Vehicles Act, 1939 (4 of 1939)3
, or under any other law which provides for convicting the accused 
person in his absence on a plea of guilty.
4
[(3) The State Government may, by notification, specially empower any Magistrate to exercise 
the powers conferred by sub-section (1) in relation to any offence which is compoundable under 
section 320 or any offence punishable with imprisonment for a term not exceeding three months, or 
with fine, or with both where the Magistrate is of opinion that, having regard to the facts and 
circumstances of the case, the imposition of fine only would meet the ends of justice.]

207. Supply to the accused of copy of police report and other documents.—In any case where 
the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the 
accused, free of cost, a copy of each of the following:—
(i) the police report;
(ii) the first information report recorded under section 154;
(iii) the statements recorded under sub-section (3) of section 161 of all persons whom the 
prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to 
which a request for such exclusion has been made by the police officer under sub-section (6) of 
section 173;
(iv) the confessions and statements, if any, recorded under section 164;
(v) any other document or relevant extract thereof forwarded to the Magistrate with the police 
report under sub-section (5) of section 173:
Provided that the Magistrate may, after perusing any such part of a statement as is referred to in 
clause (iii) and considering the reasons given by the police officer for the request, direct that a copy 
of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be 
furnished to the accused:
Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is 
voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only 
be allowed to inspect it either personally or through pleader in Court.

208. Supply of copies of statements and documents to accused in other cases triable by 
Court of Session.—Where, in a case instituted otherwise than on a police report, it appears to the 
Magistrate issuing process under section 204 that the offence is triable exclusively by the Court of 
Session, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the 
following:—
(i) the statements recorded under section 200 or section 202, of all persons examined by the 
Magistrate;
(ii) the statements and confessions, if any, recorded under section 161 or section 164;
(iii) any documents produced before the Magistrate on which the prosecution proposes to 
rely:
Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead 
of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either 
personally or through pleader in Court.

209. Commitment of case to Court of Session when offence is triable exclusively by it.—When in 
a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate 
and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— 1
[(a) commit, after complying with the provisions of section 207 or section 208, as the case may 
be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand 
the accused to custody until such commitment has been made;]
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, 
and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to 
be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.

STATE AMENDMENT
Gujarat

In section 209 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, for 
clause (a), the following clause shall be substituted, namely:—
“(a) Commit the case, after complying with the provisions of section 207 or section 208, as the case 
may be, to the Court of Session and, subject to the provisions of this Code relating to bail, remand the accused 
to custody until such commitment has been made”.
[Vide Gujarat Act 30 of 1976, s. 2]

210. Procedure to be followed when there is a complaint case and police investigation in respect 
of the same offence.—(1) When in a case instituted otherwise than on a police report (hereinafter 
referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or 
trial held by him, that an investigation by the police is in progress in relation to the offence which is the 
subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry 
or trial and call for a report on the matter from the police officer conducting the investigation.
(2) If a report is made by the investigating police officer under section 173 and on such report 
cognizance of any offence is taken by the Magistrate against any person who is an accused in the 
complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out 
of the police report as if both the cases were instituted on a police report.
(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does 
not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which 
was stayed by him, in accordance with the provisions of this Code.

211. Contents of charge.—(1) Every charge under this Code shall state the offence with which the 
accused is charged.
(2) If the law which creates the offence gives it any specific name, the offence may be described in 
the charge by that name only.
(3) If the law which creates the offence does not give it any specific name, so much of the definition 
of the offence must be stated as to give the accused notice of the matter with which he is charged.
(4) The law and section of the law against which the offence is said to have been committed shall be 
mentioned in the charge.
(5) The fact that the charge is made is equivalent to a statement that every legal condition required by 
law to constitute the offence charged was fulfilled in the particular case.
(6) The charge shall be written in the language of the Court.
(7) If the accused, having been previously convicted of any offence, is liable, by reason of such 
previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent 
offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment 
which the Court may think fit to award for the subsequent offence, the fact, date and place of the previous 
conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at 
any time before sentence is passed.
Illustrations
(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder 
given in sections 299 and 300 of the Indian Penal Code (45 of 1860); that it did not fall within any of the general exceptions 
of the said Code; and that it did not fall within any of the five exceptions to section 300, or that, if it did fall within 
Exception 1, one or other of the three provisos to that exception applied to it.
(b) A is charged under section 326 of the Indian Penal Code (45 of 1860), with voluntarily causing grievous hurt to B 
by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by section 335 
of the said Code, and that the general exceptions did not apply to it.
(c) A is accused of murder, cheating, theft, extortion, adultery or criminal intimidation, or using a false property-mark. 
The charge may state that A committed murder, or cheating, or theft, or extortion, or adultery, or criminal intimidation, or 
that he used a false property-mark, without reference to the definitions, of those crimes contained in the Indian Penal Code 
(45 of 1860); but the sections under which the offence is punishable must, in each instance be referred to in the charge.
(d) A is charged under section 184 of the Indian Penal Code (45 of 1860) with intentionally obstructing a sale of 
property offered for sale by the lawful authority of a public servant. The charge should be in those words.

212. Particulars as to time, place and person.—(1) The charge shall contain such particulars as to 
the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in 
respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter 
with which he is charged.
(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money 
or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe 
the movable property in respect of which the offence is alleged to have been committed, and the dates 
between which the offence is alleged to have been committed, without specifying particular items or exact 
dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of 
section 219:
Provided that the time included between the first and last of such dates shall not exceed one year.

213. When manner of committing offence must be stated.—When the nature of the case is such 
that the particulars mentioned in sections 211 and 212 do not give the accused sufficient notice of the 
matter with which he is charged, the charge shall also contain such particulars of the manner in which the 
alleged offence was committed as will be sufficient for that purpose.
Illustrations
(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in 
which the theft was effected.
(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.
(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the 
evidence given by A which is alleged to be false.
(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. 
The charge must set out the manner in which A obstructed B in the discharge of his functions.
(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A 
murdered B.
(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the 
disobedience charged and the law infringed.

214. Words in charge taken in sense of law under which offence is punishable.—In every charge 
words used in describing an offence shall be deemed to have been used in the sense attached to them 
respectively by the law under which such offence is punishable.

215. Effect of errors.— No error in stating either the offence or the particulars required to be stated 
in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of 
the case as material, unless the accused was in fact misled by such error or omission, and it has 
occasioned a failure of justice.
Illustrations
(a) A is charged under section 242 of the Indian Penal Code (45 of 1860), with “having been in possession of 
counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word 
“fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not 
be regarded as material.
(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out 
incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this 
that the omission to set out the manner of the cheating is not material.
(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many 
transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no 
defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a 
material error.
(d) A is charged with the murder of Khoda Baksh on the 21st January, 1882. In fact, the murdered person's name was 
Haidar Baksh, and the date of the murder was the 20th January, 1882. A was never charged with any murder but one, and 
had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer 
from these facts that A was not misled, and that the error in the charge was immaterial.
(e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him 
for that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder of 
Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from 
this that A was misled, and that the error was material.

216. Court may alter charge.—(1) Any Court may alter or add to any charge at any time before 
judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not 
likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct 
of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with 
the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the 
opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a 
new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous 
sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction 
has been already obtained for a prosecution on the same facts as those on which the altered or added 
charge is founded.

217. Recall of witnesses when charge altered.—Whenever a charge is altered or added to by the 
Court after the commencement of the trial, the prosecutor and the accused shall be allowed—
(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness 
who may have been examined, unless the Court, for reasons to be recorded in writing, considers that 
the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the 
purpose of vexation or delay or for defeating the ends of justice;
(b) also to call any further witness whom the Court may think to be material.

218. Separate charges for distinct offences.—(1) For every distinct offence of which any person is 
accused there shall be a separate charge, and every such charge shall be tried separately:
Provided that where the accused person, by an application in writing, so desires and the Magistrate is 
of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or
any number of the charges framed against such person.
(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 
and 223.

Illustration
A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and 
separately tried for the theft and causing grievous hurt.

219. Three offences of same kind within year may be charged together.—(1) When a person is 
accused of more offences than one of the same kind committed within the space of twelve months from 
the first to the last of such offences, whether in respect of the same person or not, he may be charged with, 
and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment 
under the same section of the Indian Penal Code (45 of 1860) or of any special or local law:
Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian 
Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable 
under section 380 of the said Code, and that an offence punishable under any section of the said Code, or 
of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit 
such offence, when such an attempt is an offence.

220. Trial for more than one offence.—(1) If, in one series of acts so connected together as to form 
the same transaction, more offences than one are committed by the same person, he may be charged with, 
and tried at one trial for, every such offence.
(2) When a person charged with one or more offences of criminal breach of trust or dishonest 
misappropriation of property as provided in sub-section (2) of section 212 or in sub-section (1) of section 
219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence 
or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at 
one trial for, every such offence.
(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law 
in force for the time being by which offences are defined or punished, the person accused of them may be 
charged with, and tried at one trial for, each of such offences.
(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, 
constitute when combined a different offence, the person accused of them may be charged with, and tried 
at one trial for the offence constituted by such acts when combined, and for any offence constituted by 
any one, or more, of such acts.
(5) Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860).
Illustrations to sub-section (1)
(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B 
was. A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code (45 of 1860).
(b) A commits house-breaking by day with intent to commit adultery, and commits, in the house so entered, adultery 
with B's wife. A may be separately charged with, and convicted of, offences under sections 454 and 497 of the Indian Penal 
Code (45 of 1860).
(c) A entices B, the wife of C, away from C, with intent to commit adultery with B, and then commits adultery with 
her. A may be separately charged with, and convicted of, offences under sections 498 and 497 of the Indian Penal Code 
(45 of 1860).
(d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of 
committing several forgeries punishable under section 466 of the Indian Penal Code (45 of 1860). A may be separately
charged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code.
(e) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or 
lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just 
or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of the 
Indian Penal Code (45 of 1860).
(f) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just 
or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be 
convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 211 and 194 of 
the Indian Penal Code (45 of 1860).
(g) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in 
the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under 
sections 147, 325 and 152 of the Indian Penal Code (45 of 1860).
(h) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be 
separately charged with, and convicted of, each of the three offences under section 506 of the Indian Penal Code 
(45 of 1860).
The separate charges referred to in illustrations (a) to (h), respectively, may be tried at the same time.
Illustrations to sub-section (3)
(i) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sections 
352 and 323 of the Indian Penal Code (45 of 1860).
(j) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the purpose of 
concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B 
may be separately charged with, and convicted of, offences under sections 411 and 414 of the Indian Penal Code 
(45 of 1860).
(k) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of 
such exposure. A may be separately charged with, and convicted of, offences under sections 317 and 304 of the Indian Penal 
Code (45 of 1860).
(l) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence 
under section 167 of the Indian Penal Code (45 of 1860). A may be separately charged with, and convicted of, offences 
under sections 471 (read with section 466) and 196 of that Code.
Illustration to sub-section (4)
(m) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and 
convicted of, offences under sections 323, 392 and 394 of the Indian Penal Code (45 of 1860).

221. Where it is doubtful what offence has been committed.—(1) If a single act or series of acts is 
of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, 
the accused may be charged with having committed all or any of such offences, and any number of such 
charges may be tried at once; or he may be charged in the alternative with having committed some one of 
the said offences.
(2) If in such a case the accused is charged with one offence, and it appears in evidence that he 
committed a different offence for which he might have been charged under the provisions of sub-section 
(1), he may be convicted of the offence which he is shown to have committed, although he was not 
charged with it.
Illustrations
(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He 
may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having
committed theft, or receiving stolen property, or criminal breach of trust or cheating.
(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or 
that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), 
though he was not charged with such offence.
(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B 
never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved 
which of these contradictory statements was false.

222. When offence proved included in offence charged.—(1) When a person is charged with an 
offence consisting of several particulars, a combination of some only of which constitutes a complete 
minor offence, and such combination is proved, but the remaining particulars are not proved, he may be 
convicted of the minor offence, though he was not charged with it.
(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, 
he may be convicted of the minor offence, although he is not charged with it.
(3) When a person is charged with an offence, he may be convicted of an attempt to commit such 
offence although the attempt is not separately charged.
(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the 
conditions requisite for the initiation of proceedings in respect of that minor offence have not been 
satisfied.
Illustrations
(a) A is charged, under section 407 of the Indian Penal Code (45 of 1860), with criminal breach of trust in respect of 
property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 of that Code 
in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust 
under the said section 406.
(b) A is charged, under section 325 of the Indian Penal Code (45 of 1860), with causing grievous hurt. He proves that 
he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.

223. What persons may be charged jointly.—The following persons may be charged and tried 
together, namely:—
(a) persons accused of the same offence committed in the course of the same transaction;
(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such 
offence;
(c) persons accused of more than one offence of the same kind, within the meaning of section 219 
committed by them jointly within the period of twelve months;
(d) persons accused of different offences committed in the course of the same transaction;
(e) persons accused of an offence which includes theft, extortion, cheating, or criminal 
misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or 
concealment of, property possession of which is alleged to have been transferred by any such offence 
committed by the first-named persons, or of abetment of or attempting to commit any such lastnamed offence
(f) persons accused of offences under sections 411 and 414 of the Indian Penal Code (45 of 1860) 
or either of those sections in respect of stolen property the possession of which has been transferred 
by one offence;
(g) persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) 
relating to counterfeit coin and persons accused of any other offence under the said Chapter relating 
to the same coin, or of abetment of or attempting to commit any such offence; and the provisions 
contained in the former part of this Chapter shall, so far as may be, apply to all such charges:
Provided that where a number of persons are charged with separate offences and such persons do not 
fall within any of the categories specified in this section, the 1
[Magistrate or Court of Session] may, if 
such persons by an application in writing, so desire, and 2
[if he or it is satisfied] that such persons would 
not be prejudicially affected thereby, and it is expedient so to do, try all such persons together

224. Withdrawal of remaining charges on conviction on one of several charges.—When a charge 
containing more heads than one is framed against the same person, and when a conviction has been had 
on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent 
of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the 
inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal 
on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the 
order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or
charges so withdrawn.

225. Trial to be conducted by Public Prosecutor.—In every trial before a Court of Session, the 
prosecution shall be conducted by a Public Prosecutor.

226. Opening case for prosecution.—When the accused appears or is brought before the Court in 
pursuance of a commitment of the case under section 209, the prosecutor shall open his case by 
describing the charge brought against the accused and stating by what evidence he proposes to prove the 
guilt of the accused.

227. Discharge.—If, upon consideration of the record of the case and the documents submitted 
therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge 
considers that there is not sufficient ground for proceeding against the accused, he shall discharge the 
accused and record his reasons for so doing.

228. Framing of charge.—(1) If, after such consideration and hearing as aforesaid, the Judge is of 
opinion that there is ground for presuming that the accused has committed an offence which—
(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused 
and, by order, transfer the case for trial to the Chief Judicial Magistrate, 3
[or any other Judicial 
Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, 
as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and 
thereupon such Magistrate] shall try the offence in accordance with the procedure for the trial of 
warrant-cases instituted on a police report;
(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused.
(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read 
and explained to the accused and the accused shall be asked whether he pleads guilty of the offence 
charged or claims to be tried.
STATE AMENDMENT
Chhattisgarh
In sub-section (2) of section 228 of the Principal Act, after the word “to the accused” the following shall be 
added, namely: —
“present in person of through the medium of electronic video linkage and being represented by his pleader in the 
Court.”
[Vide Chhattisgarh Act 13 of 2006, s. 4.]
Karnataka
Amendment of section 228.- In section 228 of the Code of Criminal Procedure, 1973 (Central Act 2 
of 1974), in sub-section (1), in clause (a), for the words “to the Chief Judicial Magistrate and thereupon 
the Chief Judicial Magistrate” the words “to the Chief Judicial Magistrate or to any Judicial Magistrate 
competent to try the case and thereupon the Chief Judicial Magistrate or such other Judicial magistrate to 
whom the case may have been transferred” shall be substituted.
[Vide Karnataka Act 22 of 1994, s. 2.]
West Bengal
In section 228 of the said Code, in clause (a) of sub-section (1) of section 228, for the words “to the 
Chief Judicial Magistrate, and thereupon the Chief Judicial Magistrate” the words “to the Chief Judicial 
Magistrate or to any Judicial Magistrate competent to try the case, and thereupon the Chief Judicial 
Magistrate or such other Judicial Magistrate to whom the case may have been transferred” shall be 
substituted.
[Vide West Bengal Act 63 of 1978, s. 3.]

229. Conviction on plea of guilty.—If the accused pleads guilty, the Judge shall record the plea and may, in his 
discretion, convict him thereon.

230. Date for prosecution evidence.—If the accused refuses to plead, or does not plead, or claims to be tried or 
is not convicted under section 229, the Judge shall fix a date for the examination of witnesses, and may, on the 
application of the prosecution, issue any process for compelling the attendance of any witness or the production of 
any document or other thing.

231. Evidence for prosecution.—(1) On the date so fixed, the Judge shall proceed to take all such evidence as 
may be produced in support of the prosecution.
(2) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other 
witness or witnesses have been examined or recall any witness for further cross-examination.

232. Acquittal.—If, after taking the evidence for the prosecution, examining the accused and hearing the 
prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed 
the offence, the Judge shall record an order of acquittal.

233. Entering upon defence.—(1) Where the accused is not acquitted under section 232, he shall be called 
upon to enter on his defence and adduce any evidence he may have in support thereof.
(2) If the accused puts in any written statement, the Judge shall file it with the record.
(3) If the accused applies for the issue of any process for compelling the attendance of any witness or the 
production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be 
recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay 
or for defeating the ends of justice.

234. Arguments.—When the examination of the witnesses (if any) for the defence is complete, the prosecutor 
shall sum up his case and the accused or his pleader shall be entitled to reply:
Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the 
permission of the Judge, make his submissions with regard to such point of law.

235. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any), the Judge 
shall give a judgment in the case.
(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of 
section 360, hear the accused on the questions of sentence, and then pass sentence on him according to law.

236. Previous conviction.—In a case where a previous conviction is charged under the provisions of 
sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in 
the charge, the Judge may, after he has convicted the said accused under section 229 or section 235, take evidence in 
respect of the alleged previous conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor 
shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the 
accused has been convicted under section 229 or section 235.

237. Procedure in cases instituted under section 199(2).—(1) A Court of Session taking cognizance of an 
offence under sub-section (2) of section 199 shall try the case in accordance with the procedure for the trial of 
warrant-cases instituted otherwise than on a police report before a Court of Magistrate:
Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of
Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.
(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks 
fit so to do.
(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was 
no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or 
acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, 
Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should 
not pay compensation to such accused or to each or any of such accused, when there are more than one.
(4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is 
satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an 
order that compensation to such amount not exceeding one thousand rupees, as it may determine, be paid by such 
person to the accused or to each or any of them.
(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate.
(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, 
be exempted from any civil or criminal liability in respect of the complaint made under this section:
Provided that any amount paid to an accused person under this section shall be taken into account in awarding 
compensation to such person in any subsequent civil suit relating to the same matter.
(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in 
so far as it relates to the payment of compensation, to the High Court.
(8) When an order for payment of compensation to an accused person is made, the compensation shall not be 
paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, 
before the appeal has been decided.

A.—Cases instituted on a police report
238. Compliance with section 207.—When, in any warrant-case instituted on a police report, the accused 
appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that 
he has complied with the provisions of section 207.

239. When accused shall be discharged.—If, upon considering the police report and the documents sent with 
it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and 
after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge 
against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.

240. Framing of charge.—(1) If, upon such consideration, examination, if any, and hearing, the Magistrate is 
of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, 
which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall 
frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty 
of the offence charged or claims to be tried.

STATE AMENDMENT

Chhattisgarh

In sub-section (2) of section 240 of the Principal Act, after the word “to the accused” the following 
shall be added:—
“present either in person or through the medium of electronic video linkage in the presence of his 
pleader in the Court.”
[Vide Chhattisgarh Act 13 of 2006, s. 5.]

241. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea and may, 
in his discretion, convict him thereon.

242. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be tried or 
the Magistrate does not convict the accused under section 241, the Magistrate shall fix a date for the examination of 
witnesses:
1
[Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded 
during investigation by the police.] 
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses 
directing him to attend or to produce any document or other thing.
(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of 
the prosecution:
Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other 
witness or witnesses have been examined or recall any witness for further cross-examination

243. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and produce 
his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record.
(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for 
compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of 
any document or other thing, the Magistrate shall issue such process unless he considers that such application should 
be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and 
such ground shall be recorded by him in writing:
Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness
before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the 
Magistrate is satisfied that it is necessary for the ends of justice.
(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the 
reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court.

244. Evidence for prosecution.—(1) When, in any warrant-case instituted otherwise than on a police report, 
the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take 
all such evidence as may be produced in support of the prosecution.
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing 
him to attend or to produce any document or other thing

245. When accused shall be discharged.—(1) If, upon taking all the evidence referred to in section 244, the 
Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if 
unrebutted, would warrant his conviction, the Magistrate shall discharge him.
(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any 
previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless.

STATE AMENDMENT

West Bengal 

In section 245 of the principal Act, after sub-section (2), the following sub-section shall be inserted: —
“(3) If all the evidence referred to in section 244 are not produced in support of the prosecution 
within four years from the date of appearance of the accused, the Magistrate shall discharge the accused 
unless the prosecution satisfies the Magistrate that upon the evidence already produced and for special 
reasons there is ground for presuming that it shall not be in the interest of justice to discharge the 
accused.”.
[Vide West Bengal Act 24 of 1988, s. 5.]

246. Procedure where accused is not discharged.—(1) If, when such evidence has been taken, or at any 
previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has 
committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his 
opinion, could be adequately punished by him, he shall frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty 
or has any defence to make.
(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him 
thereon.
(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted 
under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the 
Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, 
and, if so, which, of the witnesses for the prosecution whose evidence has been taken.
(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and 
re-examination (if any), they shall be discharged.
(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after 
cross-examination and re-examination (if any), they shall also be discharged.

247. Evidence for defence.—The accused shall then be called upon to enter upon his defence and produce his 
evidence; and the provisions of section 243 shall apply to the case.

C.—Conclusion of trial
248. Acquittal or conviction.—(1) If, in any case under this Chapter in which a charge has been framed, the 
Magistrate finds the accused not guilty, he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in 
accordance with the provisions of section 325 or section 360, he shall, after hearing the accused on the question of 
sentence, pass sentence upon him according to law.
(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of 
sub-section (7) of section 211 and the accused does not admit that he has been previously convicted as alleged in the 
charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous 
conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto 
nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until 
the accused has been convicted under sub-section (2).

249. Absence of complainant.—When the proceedings have been instituted upon complaint, and on any day 
fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a 
cognizable offence, the Magistrate may, in his discretion, notwithstanding anything hereinbefore contained, at any 
time before the charge has been framed, discharge the accused.

250. Compensation for accusation without reasonable cause.—(1) If, in any case instituted upon complaint 
or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a 
Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or 
acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation 
against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose 
complaint or information the accusation was made is present, call upon him forthwith to show cause why he should 
not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such 
person is not present, direct the issue of a summons to him to appear and show cause as aforesaid.
(2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if 
he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make 
an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may 
determine, be paid by such complainant or informant to the accused or to each or any of them.
(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order 
that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a 
period not exceeding thirty days.
(4) When any person is imprisoned under sub-section (3), the provisions of sections 68 and 69 of the Indian 
Penal Code (45 of 1860) shall, so far as may be, apply.
(5) No person who has been directed to pay compensation under this section shall, by reason of such order, be 
exempted from any civil or criminal liability in respect of the complaint made or information given by him:
Provided that any amount paid to an accused person under this section shall be taken into account in awarding 
compensation to such person in any subsequent civil suit relating to the same matter.
(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class 
to pay compensation exceeding one hundred rupees, may appeal from the order, as if such complainant or informant 
had been convicted on a trial held by such Magistrate.
(7) When an order for payment of compensation to an accused person is made in a case which is subject to 
appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the 
presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where 
such order is made in a case which is not so subject to appeal the compensation shall not be paid before the 
expiration of one month from the date of the order.
(8) The provisions of this section apply to summons-cases as well as to warrant-cases.

251. Substance of accusation to be stated.—When in a summons-case the accused appears or is brought 
before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be 
asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge.

STATE AMENDMENT
Chhattisgarh

In Section 251 of the Principal Act, after the word “bought before the Magistrate” the following shall be 
added :—
“Or appears through the medium of electronic video linkage in the presence of his pleader in the Court”.
[Vide Chhattisgarh Act 13 of 2006, s. 6]

252. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea as nearly 
as possible in the words used by the accused and may, in his discretion, convict him thereon.

253. Conviction on plea of guilty in absence of accused in petty cases.—(1) Where a summons has been 
issued under section 206 and the accused desires to plead guilty to the charge without appearing before the 
Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the 
amount of fine specified in the summons.
(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence 
him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards 
that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the 
Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, 
convict the accused on such plea and sentence him as aforesaid.

254. Procedure when not convicted.—(1) If the Magistrate does not convict the accused under section 252 or 
section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in 
support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence.
(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons 
to any witness directing him to attend or to produce any document or other thing.
(3) The Magistrate may, before summoning any witness on such application, require that the reasonable 
expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

255. Acquittal or conviction.—(1) If the Magistrate, upon taking the evidence referred to in section 254 and 
such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he 
shall record an order of acquittal.
(2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he 
shall, if he finds the accused guilty, pass sentence upon him according to law.
(3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this 
Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the 
complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby.

256. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint, and on 
the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be 
adjourned, the complainant does not appear, the Magistrate shall, notwithstanding anything hereinbefore contained, 
acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:
Provided that where the complainant is represented by a pleader or by the officer conducting the prosecution or 
where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate
may, dispense with his attendance and proceed with the case.
(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of 
the complainant is due to his death.

257. Withdrawal of complaint.—If a complainant, at any time before a final order is passed in any case under 
this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint 
against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him 
to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn.

258. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise than upon 
complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other 
Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing 
any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been 
recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have 
the effect of discharge.

259. Power of Court to convert summons-cases into warrant-cases.—When in the course of the trial of a 
summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to 
the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the 
trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Code for the 
trial of warrant-cases and may re-call any witness who may have been examined.

260. Power to try summarily.—(1) Notwithstanding anything contained in this Code—
(a) any Chief Judicial Magistrate;
(b) any Metropolitan Magistrate;
(c) any Magistrate of the first class specially empowered in this behalf by the High Court,
may, if he thinks fit, try in a summary way all or any of the following offences:—
(i) offences not punishable with death, imprisonment for life or imprisonment for a term exceeding two 
years;
(ii) theft, under section 379, section 380 or section 381 of the Indian Penal Code (45 of 1860), where the 
value of the property stolen does not exceed 1
[two thousand rupees];
(iii) receiving or retaining stolen property, under section 411 of the Indian Penal Code (45 of 1860), where
the value of the property does not exceed 1
[two thousand rupees];
(iv) assisting in the concealment or disposal of stolen property, under section 414 of the Indian Penal Code 
(45 of 1860), where the value of such property does not exceed 1
[two thousand rupees];
(v) offences under sections 454 and 456 of the Indian Penal Code (45 of 1860);
(vi) insult with intent to provoke a breach of the peace, under section 504, and 1
[criminal intimidation
punishable with imprisionment for a term which may extend to two years, or with fine, or with both], under 
section 506 of the Indian Penal Code (45 of 1860);
(vii) abetment of any of the foregoing offences;
(viii) an attempt to commit any of the foregoing offences, when such attempt is an offence;
(ix) any offence constituted by an act in respect of which a complaint may be made under section 20 of the 
Cattle-trespass Act, 1871 (1 of 1871).
(2) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it 
is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and 
proceed to re-hear the case in the manner provided by this Code.

261. Summary trial by Magistrate of the second class.—The High Court may confer on any Magistrate 
invested with the powers of a Magistrate of the second class power to try summarily any offence which is 
punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any 
abetment of or attempt to commit any such offence.

262. Procedure for summary trials.—(1) In trials under this Chapter, the procedure specified in this Code for 
the trial of summons-case shall be followed except as hereinafter mentioned.
(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any 
conviction under this Chapter.

263. Record in summary trials.—In every case tried summarily, the Magistrate shall enter, in such form as the 
State Government may direct, the following particulars, namely:—
(a) the serial number of the case;
(b) the date of the commission of the offence;
(c) the date of the report or complaint;
(d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused;
(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (ii), clause 
(iii) or clause (iv) of sub-section (1) of section 260, the value of the property in respect of which the offence has 
been committed;
(g) the plea of the accused and his examination (if any);
(h) the finding;
(i) the sentence or other final order;
(j) the date on which proceedings terminated.

264. Judgment in cases tried summarily.—In every case tried summarily in which the accused does not plead 
guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the 
reasons for the finding.
 

265. Language of record and judgment.—(1) Every such record and judgment shall be written in the 
language of the Court.
(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid 
record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the 
record or judgment so prepared shall be signed by such Magistrate.

265A. Application of the Chapter.—(1) This Chapter shall apply in respect of an accused against whom—
(a) the report has been forwarded by the officer in charge of the police station under section 173 alleging 
therein that an offence appears to have been committed by him other than an offence for which the punishment 
of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided 
under the law for the time being in force; or
(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the 
punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been 
provided under the law for the time being in force, and after examining complainant and witnesses under 
section 200, issued the process under section 204,
but does not apply where such offence affects the socio-economic condition of the country or has been committed 
against a woman, or a child below the age of fourteen years.
(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences 
under the law for the time being in force which shall be the offences affecting the socio-economic condition of the 
country

265B. Application for plea bargaining.—(1) A person accused of an offence may file an application for plea 
bargaining in the Court in which such offence is pending for trial.
(2) The application under sub-section (1) shall contain a brief description of the case relating to which the 
application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by 
the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment 
provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted 
by a Court in a case in which he had been charged with the same offence.
(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or 
the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case.
(4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on 
the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the 
case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where—
(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time 
to the Public Prosecutor or the complainant of the case, as the case may be, and the accused to work out a 
mutually satisfactory disposition of the case which may include giving to the victim by the accused the 
compensation and other expenses during the case and thereafter fix the date for further hearing of the case;
(b) the Court finds that the application has been filed involuntarily by the accused or he has previously been 
convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in 
accordance with the provisions of this Code from the stage such application has been filed under 
sub-section (1).

265C. Guidelines for mutually satisfactory disposition.—In working out a mutually satisfactory disposition 
under clause (a) of sub-section (4) of section 265B, the Court shall follow the following procedure, namely:—
(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police 
officer who has investigated the case, the accused and the victim of the case to participate in the meeting to 
work out a satisfactory disposition of the case:
Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the 
duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the 
meeting:
Provided further that the accused, if he so desires, participate in such meeting with his pleader, if any, 
engaged in the case;
(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the 
victim of the case to participate in a meeting to work out a satisfactory disposition of the case:
Provided that it shall be the duty of the Court to ensure, throughout such process of working out a 
satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting:
Provided further that if the victim of the case or the accused, as the case may be, so desires, he may 
participate in such meeting with his pleader engaged in the case.

265D. Report of the mutually satisfactory disposition to be submitted before the Court.—Where in a 
meeting under section 265C, a satisfactory disposition of the case has been worked out, the Court shall prepare 
a report of such disposition which shall be signed by the presiding officer of the Court and all other persons 
who participated in the meeting and if no such disposition has been worked out, the Court shall record such 
observation and proceed further in accordance with the provisions of this Code from the stage the application under 
sub-section (1) of section 265B has been filed in such case.

265E. Disposal of the case.—Where a satisfactory disposition of the case has been worked out under 
section 265D, the Court shall dispose of the case in the following manner, namely:—
(a) the Court shall award the compensation to the victim in accordance with the disposition under 
section 265D and hear the parties on the quantum of the punishment, releasing of the accused on probation of 
good conduct or after admonition under section 360 or for dealing with the accused under the provisions of the 
Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the 
procedure specified in the succeeding clauses for imposing the punishment on the accused;
(b) after hearing the parties under clause (a), if the Court is of the view that section 360 or the provisions of 
the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in 
the case of the accused, it may release the accused on probation or provide the benefit of any such law, as the 
case may be;
(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been 
provided under the law for the offence committed by the accused, it may sentence the accused to half of such 
minimum punishment;
(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the 
accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the
punishment provided or extendable, as the case may be, for such offence.

265F. Judgment of the Court.—The Court shall deliver its judgment in terms of section 265E in the open 
Court and the same shall be signed by the presiding officer of the Court.
 

265G. Finality of the judgment.—The judgment delivered by the Court under section 265G shall be final and 
no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the 
Constitution) shall lie in any Court against such judgment.

265H. Power of the Court in plea bargaining.—A Court shall have, for the purposes of discharging its 
functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to 
the disposal of a case in such Court under this Code.

265-I. Period of detention undergone by the accused to be set off against the sentence of imprisonment.—
The provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against 
the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the 
imprisonment under other provisions of this Code.

265J. Savings.—The provisions of this Chapter shall have effect notwithstanding anything inconsistent 
therewith contained in any other provisions of this Code and nothing in such other provisions shall be construed to 
constrain the meaning of any provision of this Chapter.
Explanation.—For the purposes of this Chapter, the expression “Public Prosecutor” has the meaning assigned to 
it under clause (u) of section 2 and includes an Assistant Public Prosecutor appointed under section 25.

265K. Statements of accused not to be used.—Notwithstanding anything contained in any law for the time 
being in force, the statements or facts stated by an accused in an application for plea bargaining filed under 
section 265B shall not be used for any other purpose except for the purpose of this Chapter.

265L. Non-application of the Chapter.—Nothing in this Chapter shall apply to any juvenile or child as 
defined in clause (k) of section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000).]

266. Definitions.—In this Chapter,—
(a) “detained” includes detained under any law providing for preventive detention;
(b) “prison” includes,—
(i) any place which has been declared by the State Government, by general or special order, to be a
subsidiary jail;
(ii) any reformatory, Borstal institution or institution of a like nature

267. Power to require attendance of prisoners.—(1) Whenever, in the course of an inquiry, trial or 
proceeding under this Code, it appears to a Criminal Court,—
(a) that a person confined or detained in a prison should be brought before the Court for answering to a 
charge of an offence, or for the purpose of any proceedings against him, or
(b) that it is necessary for the ends of justice to examine such person as a witness,
the Court may make an order requiring the officer in charge of the prison to produce such person before the Court 
answering to the charge or for the purpose of such proceeding or, as the case may be, for giving evidence.
(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded 
to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to 
whom such Magistrate is subordinate.
(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the 
facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom 
it is submitted may, after considering such statement, decline to countersign the order.
 

268. Power of State Government to exclude certain persons from operation of section 267.—(1) The State 
Government may, at any time, having regard to the matters specified in sub-section (2), by general or special order,
direct that any person or class of persons shall not be removed from the prison in which he or they may be confined 
or detained, and thereupon, so long as the order remains in force, no order made under section 267, whether before 
or after the order of the State Government, shall have effect in respect of such person or class of persons.
(2) Before making an order under sub-section (1), the State Government shall have regard to the following 
matters, namely:—
(a) the nature of the offence for which, or the grounds on which, the person or class of persons has been 
ordered to be confined or detained in prison;
(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be 
removed from the prison;
(c) the public interest, generally.

269. Officer in charge of prison to abstain from carrying out order in certain contingencies.—Where the 
person in respect of whom an order is made under section 267—
(a) is by reason of sickness or infirmity unfit to be removed from the prison; or
(b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or
(c) is in custody for a period which would expire before the expiration of the time required for complying 
with the order and for taking him back to the prison in which he is confined or detained; or
(d) is a person to whom an order made by the State Government under section 268 applies,
the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a
statement of reasons for so abstaining:
Provided that where the attendance of such person is required for giving evidence at a place not more than 
twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason 
mentioned in clause (b).

270. Prisoner to be brought to Court in custody.—Subject to the provisions of section 269, the officer in 
charge of the prison shall, upon delivery of an order made under sub-section (1) of section 267 and duly 
countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to 
the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall 
cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to 
be taken back to the prison in which he was confined or detained.

271. Power to issue commission for examination of witness in prison.—The provisions of this Chapter shall 
be without prejudice to the power of the Court to issue, under section 284, a commission for the examination, as a 
witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXIII shall apply in 
relation to the examination on commission of any such person in the prison as they apply in relation to the 
examination on commission of any other person.

A.—Mode of taking and recording evidence
272. Language of Courts.—The State Government may determine what shall be, for purposes of this Code, the 
language of each Court within the State other than the High Court.
 

273. Evidence to be taken in presence of accused.—Except as otherwise expressly provided, all evidence 
taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his 
personal attendance is dispensed with, in the presence of his pleader:
1
[Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been 
subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure 
that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of 
the accused.]
Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under 
Chapter VIII has been commenced under this Code.

STATE AMENDMENT
Gujarat

In the Code of Criminal Procedure, 1973 (hereinafter referred to as “the principal Act”), in section 273, after the 
words “in the presence of his pleader”, the words “or, as the case may be, through the medium of Electronic Video 
Linkage when the court on its own motion or on an application so directs in the interests of justice” shall be added.
[Vide Gujarat Act 31 of 2017, sec. 2.]

274. Record in summons-cases and inquiries.—(1) In all summons-cases tried before a Magistrate, in all 
inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the 
course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the 
substance of the evidence in the language of the Court:
Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason 
of his inability, cause such memorandum to be made in writing or from his dictation in open Court.
(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.

275. Record in warrant-cases.—(1) In all warrant-cases tried before a Magistrate, the evidence of each witness 
shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in 
open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and 
superintendence, by an officer of the Court appointed by him in this behalf:
2
[Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic 
means in the presence of the advocate of the person accused of the offence.] 
(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence 
could not be taken down by himself for the reasons referred to in sub-section (1).
(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his 
discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer.
(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

276. Record in trial before Court of Session.—(1) In all trials before a Court of Session, the evidence of each 
witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his 
dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in 
this behalf.
3
[(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in 
his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer.]
(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

277. Language of record of evidence.—In every case where evidence is taken down under section 275 or
276,—
(a) if the witness gives evidence in the language of the Court, it shall be taken down in that language;
(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and 
if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be 
prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall 
form part of the record;
(c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true 
translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the 
Magistrate or presiding Judge, and shall form part of the record:
Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language 
of the Court is not required by any of the parties, the Court may dispense with such translation.

278. Procedure in regard to such evidence when completed.—(1) As the evidence of each witness taken 
under section 275 or section 276 is completed, it shall be read over to him in the presence of the accused, if in 
attendance, or of his pleader, if he appears by pleader, and shall, if necessary, be corrected.
(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the 
Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the 
objection made to it by the witness and shall add such remarks as he thinks necessary.
(3) If the record of the evidence is in a language different from that in which it has been given and the witness 
does not understand that language, the record shall be interpreted to him in the language in which it was given, or in 
a language which he understands.

STATE AMENDMENT
Gujarat

In the principal Act, in section 278, after sub-section (3), the following sub-sections shall be added, namely: —
“(4) Nothing contained in sub-sections (1) to (3) shall apply when the evidence under section 273 is taken 
through the medium of Electronic Video Linkage.
(5) The evidence taken through the medium of Electronic Video Linkage in electronic from shall be the 
electronic record within the meaning of clause (t) of section 2 if the Information Technology Act, 2000 (21 of 
2000)”
[Vide Gujarat Act 31 of 2017, sec. 3.]

279. Interpretation of evidence to accused or his pleader.—(1) Whenever any evidence is given in a language 
not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a 
language understood by him.
(2) If he appears by pleader and the evidence is given in a language other than the language of the Court, and 
not understood by the pleader, it shall be interpreted to such pleader in that language.
(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to 
interpret as much thereof as appears necessary.

280. Remarks respecting demeanour of witness.—When a presiding Judge or Magistrate has recorded the 
evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of 
such witness whilst under examination.

281. Record of examination of accused.—(1) Whenever the accused is examined by a Metropolitan 
Magistrate, the Magistrate shall make a memorandum of the substance of the examination of the accused in the 
language of the Court and such memorandum shall be signed by the Magistrate and shall form part of the 
record.
(2) Whenever the accused is examined by any Magistrate other than a Metropolitan Magistrate, or by a 
Court of Session, the whole of such examination, including every question put to him and every answer 
given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable 
to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the 
Court appointed by him in this behalf.
(3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not 
practicable, in the language of the Court.
(4) The record shall be shown or read to the accused, or, if he does not understand the language in which it 
is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain 
or add to his answers.
(5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify 
under his own hand that the examination was taken in his presence and hearing and that the record contains a 
full and true account of the statement made by the accused.
(6) Nothing in this section shall be deemed to apply to the examination of an accused person in the course 
of a summary trial.

STATE AMENDMENT
Gujarat

In the principal Act, in section 281, in sub-section (6), after the words “the examination of an accused 
person”, the words “either through the medium of Electronic Video Linkage or” shall be inserted.
[Vide Gujarat Act 31 of 2017, sec. 4.]

282. Interpreter to be bound to interpret truthfully.—When the services of an interpreter are required 
by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true 
interpretation of such evidence or statement.

283. Record in High Court.—Every High Court may, by general rule, prescribe the manner in which the 
evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and 
such evidence and examination shall be taken down in accordance with such rule.

B.—Commissions for the examination of witnesses
284. When attendance of witness may be dispensed with and commission issued.—(1) Whenever, in 
the course of any inquiry, trial or other proceeding under this Code, it appears to a Court or Magistrate that 
the examination of a witness is necessary for the ends of justice, and that the attendance of such witness 
cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of 
the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a 
commission for the examination of the witness in accordance with the provisions of this Chapter:
Provided that where the examination of the President or the Vice-President of India or the Governor of a 
State or the Administrator of a Union territory as a witness is necessary for the ends of Justice, a commission 
shall be issued for the examination of such a witness.
(2) The Court may, when issuing a commission for the examination of a witness for the prosecution, 
direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the 
pleader's fees, be paid by the prosecution.
 

285. Commission to whom to be issued.—(1) If the witness is within the territories to which this Code 
extends, the commission shall be directed to the Chief Metropolitan Magistrate or the Chief Judicial 
Magistrate, as the case may be, within whose local jurisdiction the witness is to be found.
(2) If the witness is in India, but in a State or an area to which this Code does not extend, the commission shall 
be directed to such Court or officer as the Central Government may, by notification, specify in this behalf.
(3) If the witness is in a country or place outside India and arrangements have been made by the Central 
Government with the Government of such country or place for taking the evidence of witnesses in relation to 
criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such 
authority for transmission as the Central Government may, by notification, prescribed in this behalf.

286. Execution of commissions.—Upon receipt of the commission, the Chief Metropolitan Magistrate, or 
Chief Judicial Magistrate or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon 
the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same 
manner, and may for this purpose exercise the same powers, as in trials or warrant-cases under this Code.

287. Parties may examine witnesses.—(1) The parties to any proceeding under this Code in which a 
commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate 
directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to 
whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon 
such interrogatories.
(2) Any such party may appear before such magistrate, Court or Officer by pleader, or if not in custody, in 
person, and may examine, cross-examine and re-examine (as the case may be) the said witness

288. Return of commission.—(1) After any commission issued under section 284 has been duly executed, it 
shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing 
the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to 
inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and 
shall form part of the record.
(2) Any deposition so taken, if it satisfies the conditions prescribed by section 33 of the Indian Evidence Act, 
1872 (1 of 1872), may also be received in evidence at any subsequent stage of the case before another Court.

289. Adjournment of proceeding.—In every case in which a commission is issued under section 284, the 
inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and 
return of the commission.

290. Execution of foreign commissions.—(1) The provisions of section 286 and so much of section 287 and 
section 288 as relate to the execution of a commission and its return shall apply in respect of commissions issued by 
any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 
284.
(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—
(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Code 
does not extend, as the Central Government may, by notification, specify in this behalf;
(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the 
Central Government may, by notification, specify in this behalf, and having authority, under the law in force in 
that country or place, to issue commissions for the examination of witnesses in relation to criminal matters.

291. Deposition of medical witness.—(1) The deposition of civil surgeon or other medical witness, taken and 
attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in
evidence in any inquiry, trial or other proceeding under this Code, although the deponent is not called as a witness.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and 
examine any such deponent as to the subject-matter of his deposition.

STATE AMENDMENT
Gujarat

In the principal Act, in section 291, in sub-section (1), after the words “in the presence of accused”, the words 
“or, as the case may be through the medium of Electronic Video Linkage” shall be inserted.
 [Vide Gujarat Act 31 of 2017, sec. 5.]

291A. Identification report of Magistrate.—(1) Any document purporting to be a report of identification 
under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, 
trial or other proceeding under this Code, although such Magistrate is not called as a witness:
Provided that where such report contains a statement of any suspect or witness to which the provisions of 
section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 
(1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions 
of those sections.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon 
and examine such Magistrate as to the subject-matter of the said report.

292. Evidence of officers of the Mint.—(1) Any document purporting to be a report under the hand of any 
such 2
[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of 
the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory 
or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the 
case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly 
submitted to him for examination and report in the course of any proceeding under this Code, may be used as 
evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness.
(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report:
Provided that no such officer shall be summoned to produce any records on which the report is based.
(3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), no 
such officer shall, 2
[except with the permission of the General Manager or any officer in charge of any Mint or of any 
Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the 
Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State 
Examiner of Questioned Documents Organisation, as the case may be,] be permitted—
(a) to give any evidence derived from any unpublished official records on which the report is based; or
(b) to disclose the nature or particulars of any test applied by him in the course of the examination of the 
matter or thing.

293. Reports of certain Government scientific experts.—(1) Any document purporting to be a report under 
the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to 
him for examination or analysis and report in the course of any proceeding under this Code, may be used as 
evidence in any inquiry, trial or other proceeding under this Code.
(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report.
(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the 
Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the 
Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf.
(4) This section applies to the following Government scientific experts, namely:—
(a) any Chemical Examiner or Assistant Chemical Examiner to Government;
1
[(b) the Chief Controller of Explosives;]
(c) the Director of the Finger Print Bureau;
(d) the Director, Haffkeine Institute, Bombay;
(e) the Director 2
[, Deputy Director or Assistant Director] of a Central Forensic Science Laboratory or a 
State Forensic Science Laboratory;
(f) the Serologist to the Government;
3
[(g) any other Government scientific expert specified, by notification, by the Central Government for this 
purpose.]

294. No formal proof of certain documents.—(1) Where any document is filed before any Court by the 
prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or 
the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to 
admit or deny the genuineness of each such document.
(2) The list of documents shall be in such form as be prescribed by the State Government.
(3) Where the genuineness of any document is not disputed, such document may be read in evidence in inquiry, 
trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be 
signed:
Provided that the Court may, in its discretion, require such signature to be proved.

295. Affidavit in proof of conduct of public servants.—When any application is made to any Court in the 
course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any 
public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court 
may, if it thinks fit, order that evidence relating to such facts be so given.

296. Evidence of formal character on affidavit.—(1) The evidence of any person whose evidence is of a 
formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any 
inquiry, trial or other proceeding under this Code.
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and 
examine any such person as to the facts contained in his affidavit.

297. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court under 
this Code may be sworn or affirmed before—
4
[(a) any Judge or Judicial or Executive Magistrate, or]
(b) any Commissioner of Oaths appointed by a High Court or Court of Session, or
(c) any notary appointed under the Notaries Act, 1952 (53 of 1952).
(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his 
own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent 
shall clearly state the grounds of such belief.
(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended.

298. Previous conviction or acquittal how proved.—In any inquiry, trial or other proceeding under this Code, 
a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time 
being in force,—
(a) by an extract certified under the hand of the officer having the custody of the records of the Court in 
which such conviction or acquittal was held, to be a copy of the sentence or order, or
(b) in case of a conviction, either by a certificate signed by the officer in charge of the Jail in which the 
punishment or any part thereof was undergone, or by production of the warrant of commitment under which the 
punishment was suffered, 
together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or 
acquitted.

299. Record of evidence in absence of accused.—(1) If it is proved that an accused person has absconded, and 
that there is no immediate prospect of arresting him, the Court competent to try 1
[, or commit for trial,] such person 
for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the 
prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in 
evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or 
incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, 
expense or inconvenience which, under the circumstances of the case, would be unreasonable.
(2) If it appears that an offence punishable with death or imprisonment for life has been committed by some 
person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class 
shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions 
so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is 
dead or incapable of giving evidence or beyond the limits of India.

300. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has once been 
tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such 
conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for 
any other offence for which a different charge from the one made against him might have been made under 
sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof.
(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State 
Government, for any distinct offence for which a separate charge might have been made against him at the former 
trial under sub-section (1) of section 220.
(3) A person convicted of any offence constituted by any act causing consequences which, together with such 
act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last 
mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the 
time when he was convicted.
(4) A person acquitted convicted of any offence constituted by any acts may, notwithstanding such acquittal or 
conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he
may have committed if the Court by which he was first tried was not competent to try the offence with which he is 
subsequently charged.
(5) A person discharged under section 258 shall not be tried again for the same offence except with the consent 
of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate.
(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses 
Act, 1897 (10 of 1897) or of section 188 of this Code.
Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes 
of this section.
Illustrations 
(a) A is tried upon a charge of theft as a servant and aquitted. He cannot afterwards, while the acquittal remains in 
force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust.
(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for 
culpable homicide.
(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be 
tried on the same facts for the murder of B.
(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may 
not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within 
sub-section (3) of this section.
(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of 
B. A may subsequently be charged with, and tried for, robbery on the same facts. 
(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may 
afterwards be charged with, and tried for, dacoity on the same facts.

301. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor in charge 
of a case may appear and plead without any written authority before any Court in which that case is under inquiry, 
trial or appeal.
(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public 
Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so 
instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, 
with the permission of the Court, submit written arguments after the evidence is closed in the case.

STATE AMENDMENT
West Bengal

For sub-section (1) of section 301 of the principal Act, the following sub-sections shall be 
substituted:—
“(1) (a) The Public Prosecutor in charge of a case may appear and plead without any written authority before 
any Court in which that case is under inquiry, trial or appeal.
(b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority 
before any Court in which that case is under inquiry or trial.”.
[Vide West Bengal Act 26 of 1990, s. 4.]

302. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may permit the 
prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, 
other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor,
shall be entitled to do so without such permission:
Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the 
investigation into the offence with respect to which the accused is being prosecuted.
(2) Any person conducting the prosecution may do so personally or by a pleader.

303. Right of person against whom proceedings are instituted to be defended.—Any person accused of an 
offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be 
defended by a pleader of his choice.

304. Legal aid to accused at State expense in certain cases.—(1) Where, in a trial before the Court of Session, 
the accused is not represented by a pleader, and where it appears to the Court that the accused has not sufficient 
means to engage a pleader, the Court shall assign a pleader for his defence at the expense of the State.
(2) The High Court may, with the previous approval of the State Government, make rules providing for—
(a) the mode of selecting pleaders for defence under sub-section (1);
(b) the facilities to be allowed to such pleaders by the Courts;
(c) the fees payable to such pleaders by the Government, and generally, for carrying out the purposes of 
sub-section (1).
(3) The State Government may, by notification, direct that, as from such date as may be specified in the 
notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts 
in the State as they apply in relation to trials before Courts of Session.

305. Procedure when corporation or registered society is an accused.—(1) In this section, “corporation”
means an incorporated company or other body corporate, and includes a society registered under the Societies 
Registration Act, 1860 (21 of 1860).
(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint 
a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the 
corporation. 
(3) Where a representative of a corporation appears, any requirement of this Code that anything shall be done in 
the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement 
that thing shall be done in the presence of the representative or read or stated or explained to the representative, and 
any requirement that the accused shall be examined shall be construed as a requirement that the representative shall 
be examined.
(4) Where a representative of a corporation does not appear, any such requirement as is referred to in 
sub-section (3) shall not apply.
(5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any 
person (by whatever name called) having, or being one of the persons having the management of the affairs of the 
corporation to the effect that the person named in the statement has been appointed as the representative of the 
corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such 
person has been so appointed.
(6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry 
or trial before a Court is or is not such representative, the question shall be determined by the Court.

306. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person supposed to 
have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial
Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, 
and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may 
tender a pardon to such person on condition of his making a full and true disclosure of the whole of the 
circumstances within his knowledge relative to the offence and to every other person concerned, whether as 
principal or abettor, in the commission thereof.
(2) This section applies to—
(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed 
under the Criminal Law Amendment Act, 1952 (46 of 1952);
(b) any offence punishable with imprisonment which may extend to seven years or with a more severe 
sentence. 
(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—
(a) his reasons for so doing;
(b) whether the tender was or was not accepted by the person to whom it was made,
and shall, on application made by the accused, furnish him with a copy of such record free of cost.
(4) Every person accepting a tender of pardon made under sub-section (1)—
(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in 
the subsequent trial, if any;
(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.
(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under 
sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the 
case—
(a) commit it for trial—
(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking 
cognizance is the Chief Judicial Magistrate;
(ii) to a Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952), 
if the offence is triable exclusively by that Court;
(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself.

307. Power to direct tender of pardon.—At any time after commitment of a case but before judgment is 
passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any 
person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on 
the same condition to such person.

308. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person who has 
accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion 
such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the 
condition on which the tender was made, such person may be tried for the offence in respect of which the pardon 
was so tendered or for any other offence of which he appears to have been guilty in connection with the same 
matter, and also for the offence of giving false evidence:
Provided that such person shall not be tried jointly with any of the other accused:
Provided further that such person shall not be tried for the offence of giving false evidence except with the 
sanction of the High Court, and nothing contained in section 195 or section 340 shall apply to that offence.
(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under 
section 164 or by a Court under sub-section (4) of section 306 may be given in evidence against him at such trial.
(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such 
tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied 
with.
(4) At such trial, the Court shall—
(a) if it is a Court of Session, before the charge is read out and explained to the accused;
(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken,
ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was 
made. 
(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before 
passing judgment in the case, find whether or not the accused has complied with the conditions of the 
pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Code, pass 
judgment of acquittal.

309. Power to postpone or adjourn proceedings.—1
[(1) In every inquiry or trial the proceedings shall be 
continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the 
adjournment of the same beyond the following day to be necessary for reasons to be recorded:
Provided that when the inquiry or trial relates to an offence under section 376, 2
[section 376A, section 376AB, , 
section 376B, section 376C, section 376D, section 376DA or section DB of the Indian Penal Code (45 of 1860), the inquiry or 
trial shall] be completed within a period of two months from the date of filing of the charge sheet.]
(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or 
advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons 
to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, 
and may by a warrant remand the accused if in custody:
Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding 
fifteen days at a time:
Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, 
without examining them, except for special reasons to be recorded in writing:
3
[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to 
show cause against the sentence proposed to be imposed on him.]
4
[Provided also that—
(a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond 
the control of that party;
(b) the fact that the pleader of a party is engaged in another Court, shall not be a ground for adjournment;
(c) where a witness is present in Court but a party or his pleader is not present or the party or his pleader 
though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, 
record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief 
or cross-examination of the witness, as the case may be.]
Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have 
committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable 
cause for a remand.
Explanation 2.—The terms on which an adjournment or postponement may be granted include, in appropriate 
cases, the payment of costs by the prosecution or the accused.

STATE AMENDMENT
Chhattisgarh

In proviso to sub-section (1) of Section 309 of the Code, for the words, figures and letters “section 376, section 
376A, section 376B, section 376C or section 376D”, the words, figures and letters “section 354, section 354A, 
section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, 
section 376D, section 376E, section 376F, section 509, section 509A or section 509B” shall be substituted.
[Vide Chhattisgarh Act 25 of 2015, s. 11.]
Maharashtra 
In section 309 of the Code of Criminal Procedure, 1973 (2 of 1974), in its application to the State of Maharashtra 
(hereinafter, in this Chapter, referred to as “the Code of Criminal Procedure”), after the existing proviso, the 
following proviso shall be added, namely:—
“Provided further that, when the enquiry or trial relates to an offence under section 332 or 353 (45 of 1860) of 
the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of six months from 
the date of filing of the charge sheet”.
[Vide Maharashtra Act, 40 of 2018, s. 4.]

310. Local inspection.—(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, 
after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or 
any other place in which it is in his opinion necessary to view for the purpose of properly appreciating the evidence 
given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts 
observed at such inspection.
(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or 
any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost.

311. Power to summon material witness, or examine person present.—Any Court may, at any stage of any 
inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in 
attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the 
Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be 
essential to the just decision of the case.
 

311A. Power of Magistrate to order person to give specimen signatures or handwriting.—If a Magistrate 
of the first class is satisfied that, for the purposes of any investigation or proceeding under this Code, it is expedient 
to direct any person, including an accused person, to give specimen signatures or handwriting, he may make an 
order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time 
and place specified in such order and shall give his specimen signatures or handwriting:
Provided that no order shall be made under this section unless the person has at some time been arrested in 
connection with such investigation or proceeding.

312. Expenses of complainants and witnesses.—Subject to any rules made by the State Government, any 
Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any 
complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under 
this Code.

313. Power to examine the accused.—(1) In every inquiry or trial, for the purpose of enabling the accused 
personally to explain any circumstances appearing in the evidence against him, the Court—
(a) may at any stage, without previously warning the accused put such questions to him as the Court 
considers necessary;
(b) shall, after the witnesses for the prosecution have been examined and before he is called on for his 
defence, question him generally on the case:
Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it 
may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub-section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving 
false answers to them.
(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in 
evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to 
show he has committed.
2
[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to 
be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of 
this section.]

314. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon as may 
be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, 
if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in 
support of his case and every such memorandum shall form part of the record.
(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.
(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless 
the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such 
arguments.

315. Accused person to be competent witness.—(1) Any person accused of an offence before a Criminal 
Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made 
against him or any person charged together with him at the same trial:
Provided that—
(a) he shall not be called as a witness except on his own request in writing;
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the 
Court or give rise to any presumption against himself or any person charged together with him that the same 
trial.
(2) Any person against whom proceedings are instituted in any Criminal Court under section 98, or section 107 
or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, 
may offer himself as a witness in such proceedings:
Provided that in proceedings under section 108, section 109, or section 110, the failure of such person to give 
evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any 
presumption against him or any other person proceeded against together with him at the same inquiry.

316. No influence to be used to induce disclosure.—Except as provided in sections 306 and 307, no influence, 
by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or 
withhold any matter within his knowledge.

317. Provision for inquiries and trial being held in the absence of accused in certain cases.—(1) At any 
stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the 
personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused 
persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by a 
pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any 
subsequent stage of the proceedings, direct the personal attendance of such accused.
(2) If the accused in any such case is not represented by a pleader, or if the Judge or Magistrate considers his 
personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such 
inquiry or trial, or order that the case of such accused be taken up or tried separately.
STATE AMENDMENT
Gujarat
In the principal Act, to section 317, the following Explanation shall be added, namely: —
“Explanation: —For the purpose of this section “Personal attendance of the accused” shall include his 
attendance through the medium of Electronic Video Linkage as provided in section 273.”.
[Vide Gujarat Act 31 of 2017, s. 6.]

318. Procedure where accused does not understand proceedings.—If the accused, though not of unsound 
mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the 
case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be 
forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon 
such order as it thinks fit.

319. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the course of 
any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has 
committed any offence for which such person could be tried together with the accused, the Court may proceed 
against such person for the offence which he appears to have committed.
(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the 
case may require, for the purpose aforesaid.
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such 
Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.
(4) Where the Court proceeds against any person under sub-section (1), then—
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused 
person when the Court took cognizance of the offence upon which the inquiry or trial was commenced.

320. Compounding of offences.—(1) The offences punishable under the sections of the Indian Penal 
Code (45 of 1860) specified in the first two columns of the Table next following may be compounded by the persons 
mentioned in the third column of that Table:—

(2) The offences punishable under the sections of the Indian Penal Code (45 of 1860) specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:— 

1
[(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to 
commit such offence (when such attempt is itself an offence) or where the accused is liable under section 34 or 149 
of the Indian Penal Code (45 of 1860) may be compounded in like manner.] 
(4) (a) When the person who would otherwise be competent to compound an offence under this section is under 
the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf may, with the 
permission of the Court, compound such offence.
(b) When the person who would otherwise be competent to compound an offence under this section is dead, the 
legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the 
consent of the Court, compound such offence.
(5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no 
composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case 
may be, before which the appeal is to be heard.
(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 401 may 
allow any person to compound any offence which such person is competent to compound under this section.
(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to 
enhanced punishment or to a punishment of a different kind for such offence.
(8) The composition of an offence under this section shall have the effect of an acquittal of the accused with 
whom the offence has been compounded.
(9) No offence shall be compounded except as provided by this section. 
STATE AMENDMENT
Madhya Pradesh
Amendment of Section 320.—In the table below sub-section (2) of Section 320 of the principal Act,-
(i) in column first, second and third, before section 324 and entries relating thereto, the following sections and 
entries relating thereto shall be inserted, namely:—

(ii) in column first, second and third, after section 500 and entries relating thereto, the following section and 
entries relating thereto shall be inserted, namely:—

[Vide Madhya Pradesh 17 of 1999, s. 3.]

321. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in charge of a 
case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the 
prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, 
upon such withdrawal,—
(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence 
or offences;
(b) if it is made after a charge has been framed, or when under this Code no charge is required, he shall be 
acquitted in respect of such offence or offences:
Provided that where such offence—
(i) was against any law relating to a matter to which the executive power of the Union extends, or
(ii) was investigated by the Delhi Special Police Establishment under the Delhi Special Police 
Establishment Act, 1946 (25 of 1946), or
(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central 
Government, or
(iv) was committed by a person in the service of the Central Government while acting or purporting to act 
in the discharge of his official duty,
and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he 
has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the 
prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission 
granted by the Central Government to withdraw from the prosecution.

322. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry into an 
offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption—
(a) that he has no jurisdiction to try the case or commit it for trial, or
(b) that the case is one which should be tried or committed for trial by some other Magistrate in the district, 
or
(c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit 
the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, 
having jurisdiction, as the Chief Judicial Magistrate directs.
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it 
to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be 
committed.—If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the 
proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he 
shall commit it to that Court under the provisions hereinbefore contained 1
[and thereupon the provisions of Chapter 
XVIII shall apply to the commitment so made

324. Trial of persons previously convicted of offences against coinage, stamp-law or property.— (1)
Where a person, having been convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian 
Penal Code (45 of 1860), with imprisonment for a term of three years or upwards, is again accused of any offence 
punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the 
Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has 
committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of 
Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate 
sentence if the accused is convicted.
(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session 
under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or 
committed, unless the Magistrate discharges such other person under section 239 or section 245, as the case may be.

325. Procedure when Magistrate cannot pass sentence sufficiently severe.—(1) Whenever a Magistrate is of 
opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought 
to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to 
inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a 
bond under section 106, he may record the opinion and submit his proceedings, and forward the accused, to the 
Chief Judicial Magistrate to whom he is subordinate.
(2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed 
under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion 
guilty, to the Chief Judicial Magistrate.
(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the 
parties and recall and examine any witness who has already given evidence in the case and may call for and take any 
further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law.

326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by 
another.—(1) Whenever any 1
[Judge or Magistrate], after having heard and recorded the whole or any part of the 
evidence in any enquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 1
[Judge or 
Magistrate] who has and who exercises such jurisdiction, the 1
[Judge or Magistrate] so succeeding may act on the 
evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself:
Provided that if the succeeding 1
[Judge or Magistrate] is of opinion that further examination of any of the 
witnesses whose evidence has already been recorded is necessary in the interests of Justice, he may re-summon any 
such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, 
the witness shall be discharged.
(2) When a case is transferred under the provisions of this Code 2
[from one judge to another Judge or from one 
Magistrate to another Magistrate], the former shall be deemed to cease to exercise jurisdiction therein, and to be 
succeeded by the latter, within the meaning of sub-section (1).
(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under 
section 322 or in which proceedings have been submitted to a superior Magistrate under section 325.

327. Court to be open.—3
[(1)] The place in which any Criminal Court is held for the purpose of inquiring into
or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as 
the same can conveniently contain them:
Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or 
trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or 
remain in, the room or building used by the Court.
4
[(2) Notwithstanding anything contained in sub- section (1), the inquiry into and trial of rape or an offence 
under section 376, 5
[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, 
section 376DB] section 376E of the Indian Penal Code (45 of 1860)] shall be conducted in camera :
Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow 
any particular person to have access to, or be or remain in, the room or building used by the Court:
6
[Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate.] 
(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or 
publish any matter in relation to any such proceedings except with the previous permission of the Court:]
6
[Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be 
lifted, subject to maintaining confidentiality of name and address of the parties.]

STATE AMENDMENT
Chhattisgarh

In sub-section (2) of the section 327 of the Code, for the words, figures and letters “or an offence under section 
376, section 376A, section 376B, section 376C, section 376D or section 376E of the Indian Penal Code”, the words, 
figures, letters and punctuations “sexual harassment, outraging modesty of woman or an offence under section 354, 
section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, 
section 376C, section 376D, section 376E, section 376F, section 509, section 509A or section 509B of the Indian 
Penal Code” shall be substituted.
[Vide Chhattisgarh Act 25 of 2015, s. 12.]

328. Procedure in case of accused being lunatic.—(1) When a Magistrate holding an inquiry has reason to 
believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of 
making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such 
person to be examined by the civil surgeon of the district or such other medical officer as the State Government may 
direct, and thereupon shall examine such surgeon or other officer as a witness, and shall reduce the examination to 
writing.
1
[(1A) If the civil surgeon finds the accused to be of unsound mind, he shall refer such person to a psychiatrist 
or clinical psychologist for care, treatment and prognosis of the condition and the psychiatrist or clinical 
psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of 
mind or mental retardation:
Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as 
the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest government hospital; and
(b) a faculty member in psychiatry in the nearest medical college.]
(2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the 
provisions of section 330.
2
[(3) If such Magistrate is informed that the person referred to in sub-section (1A) is a person of unsound mind, 
the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering 
defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall 
examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but 
without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, 
instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under 
section 330:
Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom 
a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of 
the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be 
dealt with as provided under section 330.
(4) If such Magistrate is informed that the person referred to in sub-section (1A) is a person with mental 
retardation, the Magistrate shall further determine whether the mental retardation renders the accused incapable of 
entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal 
with the accused in the manner provided under section 330.

329. Procedure in case of person of unsound mind tried before Court.—(1) If at the trial of any person 
before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind 
and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of 
such unsoundness and incapacity, and if the Magistrate or Court, after considering such medical and other evidence 
as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall 
postpone further proceedings in the case.
1
[(1A) If during trial, the Magistrate or Court of Sessions finds the accused to be of unsound mind, he or it shall 
refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical 
psychologist, as the case may be shall report to the Magistrate or Court whether the accused is suffering from 
unsoundness of mind:
Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as 
the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest government hospital; and
(b) a faculty member in psychiatry in the nearest medical college.] 
2
[(2) If such Magistrate or Court is informed that the person referred to in sub-section (1A) is a person of 
unsound mind, the Magistrate or Court shall further determine whether unsoundness of mind renders the accused 
incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding 
to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of 
the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made 
out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the 
manner provided under section 330:
Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect 
of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion 
of the psychiatrist or clinical psychologist, is required for the treatment of the accused.
(3) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of 
entering defence by reason of mental retardation, he or it shall not hold the trial and order the accused to be dealt 
with in accordance with section 330.

330. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if found 
under section 328 or section 329 to be incapable of entering defence by reason of unsoundness of mind or mental 
retardation, the Magistrate or Court, as the case may be shall, whether the case is one in which bail may be taken or 
not, order release of such person on bail:
Provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate 
in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the 
nearest medical facility and to prevent from doing injury to himself or to any other person.
(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be 
granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where 
regular psychiatric treatment can be provided, and shall report the action taken to the State Government:
Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in 
accordance with such rules as the State Government may have made under the Mental Health Act, 1987 (14 of 
1987).
(3) Whenever a person is found under section 328 or section 329 to be incapable of entering defence by reason 
of unsoundness of mind or mental retardation, the Magistrate or Court, as the case may be, shall keeping in view the 
nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the 
release of the accused can be ordered:
Provided that—
(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, 
decide to order discharge of the accused, as provided under section 328 or section 329, such release may be 
ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any 
other person;
(b) if the Magistrate or Court, as the case may be, is of opinion that discharge of the accused cannot be 
ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation 
may be ordered wherein the accused may be provided care and appropriate education and training.] 

331. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under section 328 or 
section 329, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to 
be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such 
Magistrate or Court.
(2) When the accused has been released under section 330, and the sureties for his appearance produce him to 
the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is 
capable of making his defence shall be receivable in evidence.

332. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused appears or is 
again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of 
making his defence, the inquiry or trial shall proceed.
(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate 
or Court shall act according to the provisions of section 328 or section 329, as the case may be, and if the accused is 
found to be of unsound mind and consequently incapable making his defence, shall deal with such accused in 
accordance with the provisions of section 330.

333. When accused appears to have been of sound mind.—When the accused appears to be of sound mind at 
the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to 
believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and 
that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the 
nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the 
accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

333. When accused appears to have been of sound mind.—When the accused appears to be of sound mind at 
the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to 
believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and 
that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the 
nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the 
accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

334. Judgment of acquittal on ground of unsoundness of mind.—Whenever any person is acquitted upon the 
ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of 
mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary 
to law, the finding shall state specifically whether he committed the act or not.

335. Person acquitted on such ground to be detained in safe custody.—(1) Whenever the finding states that 
the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, 
shall, if such act would, but for the incapacity found, have constituted an offence,—
(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court 
thinks fit; or
(b) order such person to be delivered to any relative or friend of such person.
(2) No order for the detention of the accused in a lunatic asylum shall be made under clause (a) of sub-section 
(1) otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy 
Act, 1912 (4 of 1912).
(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section 
(1) except upon the application of such relative or friend and on his giving security to the satisfaction of the 
Magistrate or Court that the person delivered shall—
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government 
may direct.
(4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1).

336. Power of State Government to empower officer-in-charge to discharge.—The State Government may 
empower the officer in charge of the jail in which a person is confined under the provisions of section 330 or section 
335 to discharge all or any of the functions of the Inspector-General of Prisons under section 337 or section 338.

337. Procedure where lunatic prisoner is reported capable of making his defence.—If such person is 
detained under the provisions of sub-section (2) of section 330, and in the case of a person detained in a jail, the 
Inspector-General of Prisons, or, in the case of a person detained a lunatic asylum, the visitors of such asylum, or 
any two of them shall certify that, in his or their opinion, such person is capable of making his defence, he shall be 
taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the 
Magistrate or Court shall deal with such person under the provisions of section 332; and the certificate of such 
Inspector-General or visitors as aforesaid shall be receivable as evidence.

338. Procedure where lunatic detained is declared fit to be released.—(1) If such person is detained under 
the provisions of sub-section (2) of section 330, or section 335, and such Inspector-General or visitors shall certify
that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other 
person, the State Government may thereupon order him to be released, or to be detained in custody, or to be 
transferred to a public lunatic asylum if he has not been already sent to such an asylum; and, in case it orders him to 
be transferred to an asylum, may appoint a Commission, consisting of a Judicial and two medical officers.
(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is 
necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

339. Delivery of lunatic to care of relative or friend.—(1) Whenever any relative or friend of any person 
detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, 
the State Government may, upon the application of such relative or friend and on his giving security to the 
satisfaction of such State Government, that the person delivered shall—
(a) be properly taken care of and prevented from doing injury to himself or to any other person;
(b) be produced for the inspection of such officer, and at such times and places, as the State Government
may direct;
(c) in the case of a person detained under sub-section (2) of section 330, be produced when required before 
such Magistrate or Court, 
order such person to be delivered to such relative or friend.
(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his 
being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of 
sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, 
such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him 
before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with 
the provisions of section 332, and the certificate of the inspecting office shall be receivable as evidence.

340. Procedure in cases mentioned in section 195.—(1) When, upon an application made to it in this behalf or 
otherwise, any Court is of opinion that it is expedient in the interests of Justice that an inquiry should be made into 
any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in 
relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence 
in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,—
(a) record a finding to that effect;
(b) make a complaint thereof in writing;
(c) send it to a Magistrate of the first class having jurisdiction;
(d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged 
offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such 
Magistrate; and
(e) bind over any person to appear and give evidence before such Magistrate.
(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that 
Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for 
the making of such complaint, be exercised by the Court to which such former Court is subordinate within the 
meaning of sub-section (4) of section 195.
(3) A complaint made under this section shall be signed,—
(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may 
appoint;
1
[(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court 
may authorise in writing in this behalf.]
(4) In this section, “Court” has the same meaning as in section 195.

341. Appeal.—(1) Any person on whose application any Court other than a High Court has refused to make a 
complaint under sub-section (1) or sub-section (2) of section 340, or against whom such a complaint has been made 
by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section 
(4) of section 195, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal 
of the complaint, or, as the case may be, making of the complaint which such former Court might have made under 
section 340, and, if it makes such complaint, the provisions of that section shall apply accordingly.
(2) An order under this section, and subject to any such order, an order under section 340, shall be final, and 
shall not be subject to revision.

342. Power to order costs.—Any Court dealing with an application made to it for filing a complaint under 
section 340 or an appeal under section 341, shall have power to make such order as to costs as may be just.

343. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made under 
section 340 or section 341 shall, notwithstanding anything contained in Chapter XV, proceed, as far as may be, to 
deal with the case as if it were instituted on a police report.
(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have 
been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the 
matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided.

344. Summary procedure for trial for giving false evidence.—(1) If, at the time of delivery of any judgment 
or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an 
opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence 
or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he 
may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily 
for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the 
offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such 
offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine 
which may extend to five hundred rupees, or with both.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for 
summary trials.
(3) Nothing in this section shall affect the power of the Court to make a complaint under section 340 for the 
offence, where it does not choose to proceed under this section.
(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or 
Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the 
judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further 
proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and 
thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.

345. Procedure in certain cases of contempt.—(1) When any such offence as is described in section 175, 
section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view 
or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, 
and may, at any time before the rising of the Court or the same day, take cognizance of the offence and, after giving 
the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence 
the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment 
for a term which may extend to one month, unless such fine be sooner paid.
(2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made 
by the offender, as well as the finding and sentence.
(3) If the offence is under section 228 of the Indian Penal Code (45 of 1860), the record shall show the nature 
and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the 
interruption or insult

346. Procedure where Court considers that case should not be dealt with under section 345.—(1) If the 
Court in any case considers that a person accused of any of the offences referred to in section 345 and committed in its 
view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two 
hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not 
be disposed of under section 345, such Court, after recording the facts constituting the offence and the statement of the 
accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and 
may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is 
not given, shall forward such person in custody to such Magistrate.
(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may 
be, as if it were instituted on a police report.

347. When Registrar or Sub-Registrar to be deemed a Civil Court.—When the State Government so directs, 
any Registrar or any Sub-Registrar appointed under the 1
*** Registration Act, 1908 (16 of 1908), shall be deemed to 
be a Civil Court within the meaning of sections 345 and 346.

348. Discharge of offender on submission of apology.—When any Court has under section 345 adjudged an 
offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing or omitting to 
do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its 
discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such 
Court, or on apology being made to its satisfaction.

349. Imprisonment or committal of person refusing to answer or produce document.—If any witness or 
person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to 
him or to produce any document or thing in his possession or power which the Court requires him to produce, and
does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, 
such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the 
hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not 
exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the 
document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions 
of section 345 or section 346.

350. Summary procedure for punishment for non-attendance by a witness in obedience to summons.—(1)
If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and 
time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or 
departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court 
before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness 
should be tried summarily, the Court may take cognizance of the offence and after giving the offender an 
opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding 
one hundred rupees.
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for 
summary trials.

351. Appeals from convictions under sections 344, 345, 349 and 350.—(1) Any person sentenced by any 
Court other than a High Court under section 344, section 345, section 349, or section 350 may, notwithstanding
anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily 
appealable.
(2) The provisions of Chapter XXIX shall, so far as they are applicable, apply to appeals under this section, and 
the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against.
(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions 
division within which such Court is situate.
(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a 
direction issued under section 347 shall lie to the Court of Session for the sessions division within which the office
of such Registrar or Sub-Registrar is situate.

352. Certain Judges and Magistrates not to try certain offences when committed before themselves.—
Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a Judge of a High 
Court) or Magistrate shall try any person for any offence referred to in section 195, when such offence is committed 
before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the 
course of a judicial proceeding.

353. Judgment.—(1) The judgment in every trial in any Criminal Court or original jurisdiction shall be 
pronounced in open Court by the presiding officer immediately after the termination of the trial or at some 
subsequent time of which notice shall be given to the parties or their pleaders,—
(a) by delivering the whole of the judgment; or
(b) by reading out the whole of the judgment; or 
(c) by reading out the operative part of the judgment and explaining the substance of the judgment in a 
language which is understood by the accused or his pleader.
(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be 
taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the 
date of the delivery of the judgment in open Court.
(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1),
as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his 
own hand, every page of the judgment shall be signed by him.
(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole 
judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free 
of cost.
(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced.
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, 
except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or 
he is acquitted:
Provided that, where there are more accused than one, and one or more of them do not attend the Court on the 
date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the 
disposal of the case, pronounce the judgment notwithstanding their absence.
(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence 
of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, 
or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place.
(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465.