Date:-21/04/2024 Retrieved Rubrics -ARREST ------------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. 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 and 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 complaints 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; ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 authorized 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 Cattle-trespass 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 authorized by or under any law for the time being in force, to practice in such court, and includes any other appointed with the permission of the court to act in such proceeding. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 purposes of this Code or of any proceedings or order thereunder, be deemed to be 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 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); ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (2) In this section, - (i) "village" includes village-lands. (ii) the expression "proclaimed offender" includes any person proclaimed as all 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, section 302, 304, 382, 392 to 399 (both inclusive), section 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. 1. Ins. by Act 42 of 1993, sec. 33 (w.e.f. 22-5-1993). 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 :- (a) who has been concerned in any cognizable offence, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or (b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house- breaking; or (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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 reasonable 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 subsection (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 there from that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of person specified in section 109 or section 110. 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: ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of person specified in section 109 or section 110. 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. Arrests 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 subsection (1) shall apply to Such class or category of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Assam: For Sub-section (2) of section 45, the following sub-section shall be substituted, namely:- "(2) The State Government may, by notification, direct that the provisions of subsection (1) shall apply. (a) to such class or category or category of the members of' the Forces charged with the maintenance of public order, or (b) to such class or category of other public servants [not being persons to whom the provisions of sub-section (1), apply] charged with the maintenance of public orders, as may be specified in notification, whenever, 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. [Vide President's Act 3 of 1980, sec. 2 (w.e.f. 5-6-1980)]. 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. (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.] CrPc (Amendment) Act, 2005 (Notes on Clauses) ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... arrested, unless there be a submission to the custody by word or action. (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.] CrPc (Amendment) Act, 2005 (Notes on Clauses) Sub-section (4) has been added to prohibit arrest of a woman after sunset and before sunrise except in exceptional circumstances and where such circumstances exist the prior permission of the Judicial Magistrate of the first class is to be obtained. 1. Ins. by Act 25 of 2005, sec. 6. 47. Search of place entered by person sought to be arrested. (1) If any person acting under a 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 such 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Ins. by Act 25 of 2005, sec. 6. 47. Search of place entered by person sought to be arrested. (1) If any person acting under a 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 such 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 purposes, 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 person 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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... occupancy of a female (not being the person 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 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 as may be disclosed or nominated by the arrested person for the purpose of giving such ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 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 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 teh fact as to who has been informed of the arrest of such person shall be made in a book to be kept in teh police station insuch form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of teh 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 within respect of such arrested person. Cr PC Amendment Act 2005 (Notes on clauses) Section 50A requires the police to give information about the arrest of the person as well as the place where he is being, held to any one who may be nominated by him for sending such information. 51. Search of arrested persons. (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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (3) An entry of teh fact as to who has been informed of the arrest of such person shall be made in a book to be kept in teh police station insuch form as may be prescribed in this behalf by the State Government. (4) It shall be the duty of teh 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 within respect of such arrested person. Cr PC Amendment Act 2005 (Notes on clauses) Section 50A requires the police to give information about the arrest of the person as well as the place where he is being, held to any one who may be nominated by him for sending such information. 51. Search of arrested persons. (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 arrests 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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 all 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... possess any medical qualification as defined in clause (h) of section 2 of the Indian Medical Council Act, 1956 and whose name has been entered in a State Medical Register.] CrPc (Amendment) Act, 2005 (Notes on Clauses) Explanation seeks to explain the meaning of the expressions "examination" and "registered medical practitioner" appearing in sections 53A and 54. Subs. by Act 25 of 2005, sec. 8, for "Explanation.- In this section and in section 54, "registered medical practitioner" means a medical practitioner who possesses any recognized 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. 153 A. 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 this 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 kilometers 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, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 of 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.] CrPc (Amendment) Act, 2005 (Notes on Clauses) Section 53A seeks to provide for a detailed medical examination of a person accused of an offence of rape or an attempt to commit rape by the 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. -------- 1. Ins. by Act 25 of 2005, sec. 9. 54. Examination of arrested person by medical practitioner at the request of the arrested person. 1[(1)] When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice. 2[(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.] CrPc (Amendment) Act, 2005 (Notes on Clauses) Section 54 has been amended to provide that a copy of the report of ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1[(1)] When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced before a Magistrate or at any time during the period of his detention in custody that the examination of his body will afford evidence which will disprove the commission by him of any offence or which will establish the commission by any other person of any offence against his body, the Magistrate shall, if requested by the arrested person so to do direct the examination of the body of such person by a registered medical practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or for defeating the ends of justice. 2[(2) Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the registered medical practitioner to the arrested person or the person nominated by such arrested person.] CrPc (Amendment) Act, 2005 (Notes on Clauses) Section 54 has been amended to provide that a copy of the report of the medical examination of the arrested person should also be furnished by the registered medical practitioner to the arrested person or his nominee, after his medical examination has been conducted. State Amendment Uttar Pradesh: In section 54, the following sentence shall be inserted at the end, namely:- "The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost." [Vide Uttar Pradesh Act 1 of 1984, sec. 7 (w.e.f. 1-5-1984)]. After section 54, the following section shall be inserted, namely:- "54-A. Test identification of the accused.- When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any Court having jurisdiction, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... State Amendment Uttar Pradesh: In section 54, the following sentence shall be inserted at the end, namely:- "The registered medical practitioner shall forthwith furnish to the arrested person a copy of the report of such examination free of cost." [Vide Uttar Pradesh Act 1 of 1984, sec. 7 (w.e.f. 1-5-1984)]. After section 54, the following section shall be inserted, namely:- "54-A. Test identification of the accused.- When a person is arrested on a charge of committing an offence and his test identification by any witness is considered necessary by any Court having jurisdiction, it shall be lawful for an Executive Magistrate acting at the instance of such Court, to hold test identification of the person arrested." [Vide Uttar Pradesh Act 1 of 1984, sec. 8 (w.e.f. 1-5-1984) 1. Section 54 renumbered as sub-section thereof by Act 25 of 2005, sec. 10. 2. Ins. by Act 25 of 2005, sec. 10. 54A. Identification of person arrested 1[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.] CrPc (Amendment) Act, 2005 (Notes on Clauses) Section 54 A empowers the Court to direct specifically the holding of the identification of the arrested person at the request of the ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... sec. 10. 2. Ins. by Act 25 of 2005, sec. 10. 54A. Identification of person arrested 1[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.] CrPc (Amendment) Act, 2005 (Notes on Clauses) Section 54 A empowers the Court to direct specifically the holding of the identification of the arrested person at the request of the prosecution. 2["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.".] --------------- 1. Ins. by Act 25 of 2005, sec. 11. 2. Inserted by Section 12 of 'The Criminal Law (Amendment) Act, 2013' 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, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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.".] --------------- 1. Ins. by Act 25 of 2005, sec. 11. 2. Inserted by Section 12 of 'The Criminal Law (Amendment) Act, 2013' 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. 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 41. 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. Powers, on escape, to pursue and re-take. (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- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. Powers, on escape, to pursue and re-take. (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. 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... court issuing the summons may declare that the summons has been duly served. STATE AMENDMENT Andaman and Nicobar Islands and Lakshadweep: In section 69, - (a) in sub-section (I), after the words "lo be served by registered post" the words "or of' the substance thereof to be served by wireless message" shall be inserted. (b) in subsection (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 case may, be" shall be substituted. [Vide Regulation 6 of' 1977. sec. 2 (w.e.f 17-11-1977)]. 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 sea] 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 stay persona. (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, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 jurisdictions (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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 jurisdictions (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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 of 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 kilometers 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. STATE AMENDMENT Uttar Pradesh: In sub-section (1) of' section 81, the following third proviso shall be inserted, namely. "Provided also that where such person is not released on bail or where he fails to give such security as aforesaid, the Chief Judicial Magistrate in the case on a non-bailable offence or any Judicial Magistrate in the case of a bailable offence may pass such orders as he thinks fit for his custody till such time as may be necessary for his removal to the court which issued that warrant." [Vide U.P. Act 1 of 1984, sec. 9 (w.e.f. 1-5-1984)]. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 there from 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 summons, or after the issue of the same but before 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 summons and warrants of arrest. The provisions contained in this Chapter relating to a summons and warrants, 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. 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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 warrants, 1[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 of 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 of 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 sent 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 things or to produce it, or (d) a search warrant. 1[issued by- (i) a court in any State or are 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 RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 properly 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) Not withstanding 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 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 far 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 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that before making all order rejecting an 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 gives the security to the court or Magistrate who made the order requiring it. (b) If any person after having executed a 1[bond 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 of more persons in respect of any one of whom the ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 the 1[District Magistrate, in the case of an order passed by an Executive Magistrate under section 117 or 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 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]. (7) Unless such person gives security in accordance with the terms of the original order for the un-expired 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), the 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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 24-9-2001). 3. Subs by Act 50 of 2001, sec. 4, for "allowance due" (w.e.f. 24-9- 2001). 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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 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 an other case. (2) (a) no executive Magistrate or police officer acting under any of the said sections in good faith; ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 authorized under any other provisions of this Code or of any other law for the time being in force. STATE AMENDMENT Maharashtra: In section 151 - (a) In sub-section (2), after the words "required or authorised" the words "under sub-section (3) or" shall be inserted; (b) After sub-section (2), the following sub-section shall be ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 authorized under any other provisions of this Code or of any other law for the time being in force. STATE AMENDMENT Maharashtra: In section 151 - (a) In sub-section (2), after the words "required or authorised" the words "under sub-section (3) or" shall be inserted; (b) After sub-section (2), the following sub-section shall be inserted, namely, - "(3) (a) Where a person is arrested under this section and the officer making the arrest or the officer of the police station before whom the arrested person is produced, has reasonable grounds to believe that the detention of the arrested person for a period longer than twenty- four hours from the time of arrest (excluding the time required to take the arrested person from the place of arrest to the court of a Judicial Magistrate) is necessary by reason that- (i) The person is likely to continue the design to commit, or is likely to commit, the cognizable offence referred to in sub-section referred to in sub-section (1) after his release; and (ii) The circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order. The officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours. (b) Notwithstanding anything contained in this Code or any other law or the time being in force, where the Magistrate before whom such ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... the detention of the arrested person for a period longer than twenty- four hours from the time of arrest (excluding the time required to take the arrested person from the place of arrest to the court of a Judicial Magistrate) is necessary by reason that- (i) The person is likely to continue the design to commit, or is likely to commit, the cognizable offence referred to in sub-section referred to in sub-section (1) after his release; and (ii) The circumstances of the case are such that his being at large is likely to be prejudicial to the maintenance of public order. The officer making the arrest, or the officer in charge of the police station, shall produce such arrested person before the nearest Judicial Magistrate, together with a report in writing stating the reasons for the continued detention of such person for a period longer than twenty-four hours. (b) Notwithstanding anything contained in this Code or any other law or the time being in force, where the Magistrate before whom such arrested person is produced is satisfied that there are reasonable grounds for the temporary detention of' such person in custody beyond the period of twenty-four hours, he may from time to time, by order remand such person to such custody as he may think fit Provided that, no person shall be detained under this section for a period exceeding fifteen days at a time, and for a total period exceeding thirty days from the date of arrest of such person. (c) When any person is remanded to custody- under clause (b), the Magistrate shall, as soon as may be communicate to such person the grounds on which the order has been made and such person may, make a representation against the order to the Court of Session. The Sessions Judge may on receipt of such representation after holding such inquiry is he deems fit, either reject the representation, or if he considers that further detention of the arrested person is not necessary, or that it is otherwise proper and Just so to do, may vacate the order and the arrested person shall then be released forthwith." [Vide Maharashtra Act 7 of 1981 (w.e.f. 27-5-1980)]. 152. Prevention of injury to public property. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... ------------------- 1. Inserted by Section 13 of 'The Criminal Law (Amendment) Act, 2013 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 cases. (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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. 157. Procedure for investigations. (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 of 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 office 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 sufficient ground for entering on an investigation, he shall not investigate the case. (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 to that sub-section, 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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 well-founded, 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 not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, 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- 1[(a) The Magistrate may authorize the 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 authorizing 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. 1. Subs, by Act 45 of 1978, sec. 13, for paragraph (a)(w.e.f. 18-12- 1978). 2. Ins. by Act 45 of 1978, sec. 13 (w.e.f. 18-12-1978). 3. Original Explanation numbered as Explanation II by Act 45 of 1978, sec. 13 (w.e.f.18-12-1978). STATE AMENDMENTS ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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' of detention of' the accused person, otherwise than in the custody of the police authorised under that section, had not, at such commencement, exceeds sixty days. [Vide President Act 21 of' 1976 (w.e.f. 7-5-1976)]. [Ed. These amendments have been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act, 1978 (Central Act 45 of 1978), sec. 13 (w.e.f. 18-12-1978)]. Haryana: After section 167, insert the following section namely. "167A.-Procedure on arrest by Magistrate.- For the avoidance of doubt, it is hereby declared that the provisions of' section 167 shall, so far as may be, apply also in relation to any person arrested by, or under any order or direction of, Magistrate whether executive or Judicial" [Vide President Act 20 of 1981, sec. 2 (w.e.f.22-12-1981)]. Orissa: In section 167, 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 sec. 2 9w.e.f. 20-10-1997)]. Punjab: In section (2) of 'section 167,, for the words "fifteen days" at both ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... substituted. [Vide president Act 1 of' 1984, sec. 2 (w.e.f 23-6-1984)]. Tripura: In paragraph (a) of the proviso to sub-section (2) of' section 167, - (a) For the words "ninety days" wherever they occur, the words under hundred eighty days shall he substituted; (b) For the words "sixty days" wherever they occur, the words "one hundred twenty days" shall be substituted. [Vide Tripura Act 6 of' 1992. sec. 2 (w.e.f 29-7-1992)]. Uttar Pradesh: After section 167, insert the following section namely: "167A. Procedure on arrest by Magistrate.-For the avoidance of doubts, it is hereby declared that the provisions of section 167, shall so far as may be, apply in relation to any person arrested by, or under any order or direction of, a Magistrate whether executive or Judicial. [Vide U.P. Act 18 of 1978]. West Bengal: In section 167, - (a) For sub-section (5). The following sub-section shall be submitted. "(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 Sessions or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation in not conducted within a period of three years, or (iii) Any case other than those mentioned in clauses (i) and (ii), the ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... [Vide U.P. Act 18 of 1978]. West Bengal: In section 167, - (a) For sub-section (5). The following sub-section shall be submitted. "(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 Sessions or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation in not conducted within a period of three years, or (iii) Any case other than those mentioned in clauses (i) and (ii), the investigation is not conducted within a period of two year, from the date on which the accused was arrested 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 period 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 W.B. Act 24 of 1988 sec. 4]. 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, ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 173. Report of police officer on completion of investigation. (1) Every investigation under this Chapter shall be completed without unnecessary delay. (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. (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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 Sessions 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 witness 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 Court on an offer in charge of a police station except the power to arrest without warrant. 1. Ins. by Act 25 of 2005, sec.19. 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 processed. (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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... is 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 d court may infer from such facts that the omission to set out the manner oft 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 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. 1. Ins. by Act 45 of 1978, Sec. 23 (18-12-1978). STATE AMENDMENT ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person its 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. 1[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.] Cr PC (Amendment) Act, 2005 (Notes on Clauses) Section 311A has been inserted on the suggestions of the Supreme Court in a certain case that a suitable legislation be made on the analogy of section 5 of the Identification of Prisoners Act, 1980, to provide for the investiture of Magistrates with powers to issue directions to any person including an accused person to give specimen signatures and handwriting. _____________________ 1. Ins. by Act 25 of 2005, sec. 27. 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 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. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... such accused be taken up or tried separately. 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 trader arrest or upon a summon, 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 subsection (1) then- (a) The proceedings in respect of such person shall be commenced afresh, and 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 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... when passing Judgment order the accused person to pay by way of compensation such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. Provided that the court may not order the accused person to pay by way of compensation any amount if both the accused person and the person, against whom an offence has been committed belongs either to Scheduled Castes or to Scheduled Tribes." (c) After subsection (5), the following Explanation shall he inserted, namely. Explanation. for the purposes of' the section the expression "Scheduled Castes" and "Scheduled Tribes" shall have the meaning respectively assigned to them in clauses and (25) of' Article 366 of the constitution of India". [Vide Act 33 of' 1985. sec. 3]. 358. Compensation to persons groundlessly arrested. (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom case is heard that there was no sufficient ground of causing such arrest, the Magistrate my award such compensation, not exceeding 1[one hundred rupees], to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses the matter, as the Magistrate thinks fit. (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one hundred rupees, as such Magistrate thinks fit. (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs unless such sum is sooner paid. Cr PC (Amendment ) Act, 2005 (Notes on Clauses) ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. Cr PC (Amendment) Act, 2005 (Notes on Clauses) Provisos to sub-section (1) have been added to the effect that (i) the Appellate Court will give notice to the prosecution before releasing a convicted person on bail, if he was convicted of an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; and (ii) the prosecution should be permitted to move an application for cancellation of bail granted by the Appellate Court. ------- 1. Ins. by Act 25 of 2005, sec. 33. 390. Arrest of accused in appeal from acquittal. When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate court, and the court before which he is brought commit him to prison pending the disposal of the appeal or admit him to bail. 391. Appellate Court may take further evidence or direct it to be taken. (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such court shall thereupon proceed to dispose of the appeal. (3) The accused or his pleader shall have the right to be present when ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Procedure, 1908 (5 of 1908) or under section 23 of the Provincial Insolvency Act, 1920 (5 of 1920), as the case may be. 418. Execution of sentence of imprisonment. (1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 413, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail and the accused may be confined in such place as the court may direct. (2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in subsection (1), the court shall issue a warrant for his arrest for the purpose of forwarding him to jail or other place in which he is to be confined and in such case the sentence shall commence on the date of his arrest. 419. Direction of warrant for execution. Every warrant for the execution a sentence of imprisonment shall be directed to the officer-in charge of the jail or of the place in which the prisoner is, or is to be, confined. 420. Warrant with whom to be lodged. When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor. 421. Warrant for levy of fine. (1) When an offender has been sentenced to pay a the court passing the sentence make action for the recovery of the fine in either or- both of the following ways, that is to say, it may - (a) Issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 357. (2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realize the amount in accordance with the law relating to recovery of arrears of' land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 422. Effect of such warrant. A warrant issued under clause (a) of sub-section (1) of section 421 by any court may be executed within the local jurisdiction of such court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local Jurisdiction such property is found. 423. Warrant for levy of fine issued by a court in any territory to which this Code does not extend. Notwithstanding anything contained in this Code or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Code does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Code extends, authorizing him to realize the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of subsection (1) of section 421 by a court in the territories to which this Code extends, and the provisions of sub- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions that the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the, unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a male person above the age of eight years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and, - (a) Where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or (b) Where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Government, while acting or purporting to act in the discharge of his official duty shall not be exercised by the State Government except after consultation with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which arc to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends. 436. In what cases bail to be taken. (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at, any, time-, while-in, the custody of such officer or at any stage of the proceeding before such court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, 2[may, and shall, if such person is indigent and in unable to furnish surety, instead of taking bail] from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: 3[Explanation. - Where a person is unable to give bail within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso.] Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 1[or section 446A]. (2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... purposes of this proviso.] Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 1[or section 446A]. (2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bound by such bond to pay the penalty thereof under section 446. Cr PC (Amendment) Act, 2005 (Notes on Clauses) In respect of bailable offences, a person has to remain in jail for his inability to furnish bail, till the case is disposed of. Sub- section (1) has been amended to make a mandatory provision that if the arrested person is accused of a bailable offence and he is an indigent and cannot furnish surety, the Court shall release him on his execution of a bond without sureties. STATE AMENDMENT Uttar Pradesh: In section 436, in the first proviso, to section (1), for the word "discharge" the word "release" shall be substituted. [Vide Uttar Pradesh Act 1 of 1984, sec. 10 (w.e.f. 1-5-1984]. COMMENTS It is true that Supreme Court does not interfere with an order granting bail but judicial discipline will be sacrificed at the alter of judicial discretion if jurisdiction under article 136 is refused to be exercised; State of Maharashtra v. Captain Buddhikota Subha Rao, (1989) Cr LJ 2317: AIR 1989 SC 2292. ------- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... There has been instances, where under-trial prisoners were detained in jail for periods beyond the maximum period of imprisonment provided for the alleged offence. As remedial measures section 436a has been inserted to provide that where an under-trial prisoner other than the one accused of an offence for which death has been prescribed as one of the punishments, has been under detention for a period extending to one-half of the maximum period of imprisonment provided for the alleged offence, he should be released on his personal bond, with or without sureties. It has also been provided that in no case will an under-trial prisoner be detained beyond the maximum period of imprisonment for which he can be convicted for the alleged offence. ------- 1. Ins. by Act 25 of 2005, sec. 36. 437. When bail may be taken in case of non-bailable offence. 1[(1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a court other than the High Court or Court of Session, he may be released on bail, but- (i) Such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) Such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of 2[a cognizable offence punishable with imprisonment for three years or more but not less than seven years]: Provided that the court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make 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 any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary.] (4) An officer or a court releasing any person on bail under sub- section (1), or sub- section (2), shall record in writing his or its 6[reasons or special reasons] for so doing. (5) Any court which has released a person on bail under sub-section (1), or sub- section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to Custody. (6) If, any case triable by a Magistrate, the trial of a person accused of any non bailable offence is not Concluded within a period of sixty days from the first date fixed for - taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time after the conclusion of the trial of a person accused of a non bailable offence and before Judgment is delivered the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered. Cr PC (Amendment) Act, 2005 (Notes on Clauses) Section 437 has been amended to provide that if a person commits a cognizable and non-bailable offence and he has previously been convicted on two or more occasions of a cognizable offence punishable with imprisonment for 3 years or more but not less than 7 years, he ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 3. Ins. by Act 25 of 2005, sec. 37. 4. Subs. by Act 63 of 1980. Sec. 5. for certain words (w.e.f 23-9- 1980) . 5. Subs. by Act 25 of 2005, sec. 37, for "the Court may impose any condition which the Court considers necessary- (a) in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or (b) in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or (c) otherwise in the interests of justice." 6. Subs. by Act 63 of 1980. Sec. 5, for "reasons" (w.e.f. 23-9-1980). 438. Direction for grant of bail to person apprehending arrest. 1[(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter alia, the following factors, namely:- (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrersted, either reject the application forthwith or issue an interim order for the grant of anticipatory bail: ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... and that Court may, after taking into consideration, inter alia, the following factors, namely:- (i) the nature and gravity of the accusation; (ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrersted, either reject the application forthwith or issue an interim order for the grant of anticipatory bail: Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. (1A) Where the Court grants an interim order under sub-section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court. (1B) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.] (2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including - (i) a condition that the person shall make himself available for ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including - (i) a condition that the person shall make himself available for interrogation by a police officer and when required; (ii) a condition that the person shall not, directly or indirectly,- make 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 any police officer, (iii) a condition that the person shall not leave India without the previous permission of the court; (iv) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail were granted -under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the court under sub-section (1). Cr PC (Amendment) Act, 2005 (Notes on Clauses) Section 438 has been amended to the effect that (i) the power to grant anticipatory bail should be exercised by the Court of Session or High Court after taking into consideration certain circumstances; (ii) if the Court does not reject the application for the grant of anticipatory bail, and makes an interim order of bail, it should, forthwith give notice to the Public Prosecutor and Superintendent of Police and the question of bail would be re-examined in the light of the respective contentions of the parties; and (iii) the presence of the person seeking anticipatory bail in the Court should be made mandatory at the time of hearing of the application for the grant of anticipatory bail subject to certain exceptions. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Cr PC (Amendment) Act, 2005 (Notes on Clauses) Section 438 has been amended to the effect that (i) the power to grant anticipatory bail should be exercised by the Court of Session or High Court after taking into consideration certain circumstances; (ii) if the Court does not reject the application for the grant of anticipatory bail, and makes an interim order of bail, it should, forthwith give notice to the Public Prosecutor and Superintendent of Police and the question of bail would be re-examined in the light of the respective contentions of the parties; and (iii) the presence of the person seeking anticipatory bail in the Court should be made mandatory at the time of hearing of the application for the grant of anticipatory bail subject to certain exceptions. STATE AMENDMENTS Maharashtra: For section 438, the following section shall be substituted, namely. "438 Direction for grant of bail to person apprehending arrest.-(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail; and that court may, after taking into consideration, inter alia, the following factors. (i) the nature and gravity or seriousness of the accusation as apprehended by the applicant; (ii) the antecedents of the applicant including the fact as to whether he has, on conviction by a court previously undergone imprisonment for a term in respect of any cognizable offence; (iii) the likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested, and (iv) the possibility of the applicant, if granted anticipatory bail, fleeing from justice, either reject the application forth with or issue an interim order for the grant of anticipatory bail: ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (i) the nature and gravity or seriousness of the accusation as apprehended by the applicant; (ii) the antecedents of the applicant including the fact as to whether he has, on conviction by a court previously undergone imprisonment for a term in respect of any cognizable offence; (iii) the likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested, and (iv) the possibility of the applicant, if granted anticipatory bail, fleeing from justice, either reject the application forth with or issue an interim order for the grant of anticipatory bail: Provided that where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this sub-section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application. (2) Where the High Court or, as the case may be, the Court of Session, consider it expedient to issue an interim order to grant anticipatory bail under sub-section (1), the court shall indicate therein the date, on which the application for grant of, anticipatory bail shall be finally heard for passing an order thereon, as the court may deem fit; and if the court passes any order granting anticipatory bail, such order shall include inter area the following conditions, namely:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the court or to any police officer; (iii) That the applicant shall not leave India without the previous permission of the court: and ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... added, namely. "Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the State notice to present its case". [Vide Orissa Act 11 of 1988, sec. 2 (w.e.f 28-6-1988)]. Uttar Pradesh: Section 438 shall be omitted. [Vide U.P. Act -16 of 1976, Sec. 9 (w.e.f. 28-1 1-1976)]. West Bengal: In section 438, for sub-section (1), the following sub-sections shall be substituted, namely:- "(1) (a) When any person has reason to believe that he may be arrested on an accusation of' having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest, he shall be released on bail: Provided that the mere fact that a person has applied to the High Court or the Court of' Session for a direction under this section shall not, in the absence of any order by that court, be a bar to the apprehension of such person, or the detention of such person in custody, by an officer-in-charge of a police station. (b) The High Court or the Court of Session, as the case may be, shall dispose of an application for a direction under this sub-section within thirty days of the date of such application: Provided that where the apprehended accusation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the State not less than seven days' notice to present its case. (c) If any person is arrested and detained in custody by an officer- ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... punishable with death, imprisonment for life or imprisonment for a term of not less than seven years, no final order shall be made on such application without giving the State not less than seven days' notice to present its case. (c) If any person is arrested and detained in custody by an officer- in-charge of a police station before the disposal of the application of such person for a direction under this subsection, the release of such person on bail by a court having jurisdiction, pending such disposal shall be subject to the provisions of section 437. (1A) The provisions of sub-section (1) shall have effect notwithstanding anything to the contrary contained elsewhere in this Act or in any judgment, decree or order of any court, tribunal or other authority". [ Vide W.B. Act 25 of 1990]. COMMENTS (i) Section 438 makes no distinction whether the arrest is apprehended at the hands of the police or at the instance of the Magistrate; Sennasi v. State of Tamil Nadu, (1997) 3 Crimes 112 (Mad). (ii) The grant of bail under section 438 (1) by the High Court or the Court of Session is dependent on the merits of a case and not the order of the Magistrate choosing to summon an accused through bailable or non-bailable warrant; Sennasi v. State of Tamil Nadu, (1997) 3 Crimes 112 (Mad). (iii) Anticipatory bail may be granted for a duration which may extend to the date on which the bail application is to be disposed of or even a few day thereafter to enable the accusesd to move the higher court if he so desires; Sennasi v. State of Tamil Nadu, (1997) 3 Crimes 112 (Mad). ------- 1. Subs. by Act 25 of 2005, sec. 38, for "(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for direction under this section; and the Court may, if it thinks fit, direct that in the event of such arrest, he ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) A High Court or Court of Session may direct. (a) That any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 437, may impose any condition, which it considers necessary for the purposes mentioned in that sub-section; (b) That any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to he recorded in writing, of opinion that it is not practicable to give such notice. (2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. STATE AMENDMENTS Punjab and Union Territory of Chandigarh: In its application to the State of Punjab and Union Territory of Chandigarh after section 439, following section shall be inserted, namely. "439-A. Notwithstanding anything contained in this Code, no person- (a) Who, being accused or suspected or committing an offence under any of the following sections, namely- sections 120 B, 121, 121A, 122, 123, 124A, 153A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act. 1908, and sections 25, 26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a court; or (b) Who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in clause (a), has ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Punjab and Union Territory of Chandigarh: In its application to the State of Punjab and Union Territory of Chandigarh after section 439, following section shall be inserted, namely. "439-A. Notwithstanding anything contained in this Code, no person- (a) Who, being accused or suspected or committing an offence under any of the following sections, namely- sections 120 B, 121, 121A, 122, 123, 124A, 153A, 302, 304, 307, 326, 333, 363, 364, 365, 367, 368, 392, 394, 395, 396, 399, 412, 431, 436, 449 and 450 of the Indian Penal Code, 1860, sections 3, 4, 5, and 6 of the Explosive Substances Act. 1908, and sections 25, 26, 27, 28, 29, 30 and 31 of the Arms Act, 1959, is arrested or appears or is brought before a court; or (b) Who, having any reason to believe that he may be arrested on accusation of committing an offence as specified in clause (a), has applied to the High Court or the Court of' Session for a direction for his release on bail in the event of his arrest shall be released on bail or, as the case may be, directed to be released on bail, except on one or more of the following grounds, namely:- (i) That the court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) That such person is under the age of sixteen years or a woman or a sick or an infirm person; (iii) That the court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct that release of the accused on bail". [Vide Punjab Act 22 of 1983, sec. 11 (w.e.f. 27-6-1983)]. Tripura After section 439, the following section shall be inserted namely. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (iii) That the court including the High Court or the Court of Session for reasons to be recorded in writing is satisfied that there are exceptional and sufficient grounds to release or direct that release of the accused on bail". [Vide Punjab Act 22 of 1983, sec. 11 (w.e.f. 27-6-1983)]. Tripura After section 439, the following section shall be inserted namely. "439A. Power to grant bail Notwithstanding anything contained in this Code, no person, (a) Who being accused of or suspected of committing an offence under sections 120B, 121, 121A, 122, 123, 124A, 153A, 302, 303, 304, 307, 326, 333, 364, 365, 366, 366A, 366B, 367, 368, 376, 386, 387, 392, 394, 395, 396, 397, 399, 412, 436, 449 and 450 of theIndian Penal Code, (45 of 1860) and sections 25, 26, 27 and 28 of the Arms Act, 1959 (54 of 1959) and sections 3,4, 5 and 6 of the Explosives Substances Act, 1908, (Act VI of 1908), is arrested or appears or is brought before a court; or (b) Who, having any reason to believe that he may be arrested on an accusation of committing an offence as specified in clause (a) has applied to the High Court or Court of Session for a direction for his release, on bail in the event of his arrest shall be released on bail or, as the case may be, directed to be released on bail except on one or more of the following grounds, namely. (i) That the court including the High Court or the Court of Session for reasons to be recorded in writing,, is satisfied that there are reasonable grounds for believing that such person is not guilty of any offence specified in clause (a); (ii) That such person is under the age of sixteen years or a woman or a sick or infirm person; (iii) That the Court including the High Court or the Court of Session, for reasons to he recorded in writing, is satisfied that there are exceptional and sufficient grounds to release or direct the release of the accused on bail." ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Ins. by Act 25 of 2005, sec. 39. 442. Discharge from custody. (1) As soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and when he is in jail the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. (2) Nothing in this section, section 436 or section 437 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed. 443. Power to order sufficient bail when that first taken is insufficient. If, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and on his failing so to do, may commit him to jail. 444. Discharge of sureties. (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do `so, may commit him to jail. 445. Deposit instead of recognizance. When any person is required by any court or officer to execute a bond ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub- section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. 453. Payment to innocent purchaser of money found on accused. When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him. 454. Appeal against orders under section 452 or section 453. (1) Any person aggrieved by an order made by a court under section 452 or section 453, may appeal against it to the court to which appeals ordinarily lie from convictions by the former court. (2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. (3) The powers referred to in sub-section (2) may also be exercised by a court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made. 455. Destruction of libelous and other matter. (1) On a conviction under section 292, section 293, section 501 or ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, than, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. Explanation.In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded. (4) In computing the period of limitation, the time during which the offender- (a) Has been absent from the India or from any territory outside India which is under the administration of the Central Government, or (b) Has avoided arrest by absconding or concealing himself, shall be excluded. 471. Exclusion of date on which court is closed. Where the period of limitation expires on a day when the court is closed, the court may take cognizance on the day on which the court reopens. Explanation. A court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day. 472. Continuing offence. In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues. 473. Extension of period of limitation in certain cases. Notwithstanding any thing contained in the foregoing provisions of this Chapter, any court may make cognizance of an offence after the ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... and the provisions of' section 361 shall apply with the substitution of references to the Central Act named therein by references to the corresponding Acts in force in the State." [Vide U..P. Act 16 of' 1976. Sec. 10 (w.e.f'. 1-5-1976)]. THE CODE OF CRIMINAL PROCEDURE, 1973-THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES UNDER SECTIONS IN INDIAN PENAL CODE Explanation Note. - (1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the Number of which is given in the first column are not intended as the definition of, and the punishment prescribed for the offence in the Indian Penal Code, but merely as indication of the substance of' the section. (2) In this Schedule. (i) the expression "Magistrate of the first class" and "Any Magistrate" include Metropolitan Magistrates but not Executive Magistrate: (ii) the word "cognizable" stands for "a police officer may arrest without warrant", and (iii) the word "non- cognizable" stands for " a police officer shall not arrest without warrant". Sec-Offence -Punishment -Cognizable or Non- Cognizable-Bailable or Non Bailable-By what Court triable. 109-Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment.-Same as for offence abetted.-According as offence abetted is cognizable or non-cognizable.-According as offence abetted is bailable or non-bailable.-Court by which offence abetted is triable. 110-Abetment of any, offence, if the person abetted does the act with a different intention from that of the abettor.-Same as for offence abetted.-According as offence abetted is cognizable or non-cognizable- According as offence abetted is bailable or non-bailable-Court by which offence abetted is triable. 111-Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso.-Same for offence intended to be abetted.-According as offence abetted is cognizable or non-cognizable- According as offence abetted is bailable or non-bailable-Court by ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... etc. Imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 373 Buying or obtaining possession of a minor for the same purposes. Imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 374 Unlawful compulsory labour. Imprisonment for 1 year, or fine or both. Cognizable Bailable Any Magistrate. 376 Rape. Imprisonment for life or Imprisonment for ten years and fine. Cognizable Non-bailable Court of Session Intercourse by a man with his wife not being under twelve years of age Imprisonment for two years, or fine, or both. Non-cognizable Bailable Court of Session 376A Intercourse by a man with his wife during separation. Imprisonment for two years and fine. Non-cognizable Bailable Court of Session 376B Intercourse by public servant with woman in his custody. Imprisonment for five years and fine. Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate). Bailable Court of Session 376C Intercourse by superintendent of jail, remand home, etc. Imprisonment for five years and fine. Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate). Bailable Court of Session 376D Intercourse by manager, etc., of a hospital with any woman in that hospital. Imprisonment for five years and fine. Cognizable (but no arrest shall be made without a warrant or without an order of a Magistrate). Bailable Court of Session 377 Unnatural offences. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Magistrate of the First class. CHAPTER XVII-OFFENCES AGAINST PROPERTY 379 Theft. Imprisonment for 3 years, or fine or both Cognizable Non-bailable Any Magistrate. 380 Theft in a building, tent or vessel. Imprisonment for 7 years and ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 4. Vide Notification. No. 777/VIII 9-4(2)-87, dated 31st July, 1989, published in U.P. Gazette, Extra, Part-A, Section (Kha), dated 2nd August, 1989. THE CODE OF CRIMINAL PROCEDURE, 1973-THE SECOND SCHEDULE Form 1. Summons to an Accused Person See section 61 To ......... (name of accused) of ......... (address) WHEREAS your attendance is necessary to answer to a charge of ......... (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of ......... on the ......... day of ......... Herein fail not. Dated, this ......... day of ........., 20 ......... (Seal of Court) (Signature) Form 2. Warrant of Arrest See section 70 To ......... (name and designation of the person or persons who is or are to execute the warrant). WHEREAS (name of accused) of (address) stands charged with the offence of ......... (state the offence), you are hereby directed to arrest the said ......... and to produce him before me. Herein fail not. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) See section 71 This warrant may be endorsed as follows - If the said ......... shall give bail himself in the sum of rupees ......... with one surety in the sum of rupees ......... (or two sureties each in the sum of rupees .........) to attend before me on the ......... day of ......... and to continue so to attend until otherwise directed by me, he may be released. ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... WHEREAS (name of accused) of (address) stands charged with the offence of ......... (state the offence), you are hereby directed to arrest the said ......... and to produce him before me. Herein fail not. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) See section 71 This warrant may be endorsed as follows - If the said ......... shall give bail himself in the sum of rupees ......... with one surety in the sum of rupees ......... (or two sureties each in the sum of rupees .........) to attend before me on the ......... day of ......... and to continue so to attend until otherwise directed by me, he may be released. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 3. Bond and Bail-Bond after Arrest under a Warrant See section 81 I, ......... (name), of ......... being brought before the District Magistrate of ......... (or as the case may be) under a warrant issued to compel my appearance to answer to the charge of ........., do hereby bind myself to attend in the Court of ......... on the day of ......... next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court, and in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) I do hereby declare myself surety for the above-named ......... of ........., that he shall attend before ......... in the Court of ......... on the day of ......... next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees ......... Dated, this ......... day of ........., 20 ......... ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (Seal of the Court) (Signature) I do hereby declare myself surety for the above-named ......... of ........., that he shall attend before ......... in the Court of ......... on the day of ......... next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Signature) Form 4. Proclamation requiring the appearance of a Person Accused See section 82 WHEREAScomplaint has been made before me that ......... (name, description and address) has committed (or is suspected to have committed) the offence of ........., punishable under section ......... of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ......... (name) cannot be found, and whereas it has been shown to my satisfaction that the said ......... (name) has absconded (or is concealing himself to avoid the service of the said warrant); Proclamation is hereby made that the said ......... of ......... is required to appear at ......... (place) before this Court (or before me) to answer the said complaint in the ......... day of ........., Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 5. Proclamation requiring the attendance of a Witness See sections 82 WHEREAScomplaint has been made before me that ......... (name, description and address) has committed (or is suspected to have committed) the offence of ......... (mention the offence concisely) and a warrant has been issued to compel the attendance of ......... (name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said ......... (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... and give evidence at the time and place mentioned therein; This is to authorise and require you to attach by seizure the movable property belonging to the said ......... to the value of rupees ......... which you may find within the District of ......... and to hold the said property under attachment pending the further order of his Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 7. Order of attachment to compel the appearance of a Person Accused See section 83 To ......... (name and designation of the person or persons who is or are to execute the warrant). WHEREAS complaint has been made before me that ......... (name, description and address) has committed (or is suspected to have committed) the offence of ......... punishable under section ......... of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ......... (name) cannot be found; and whereas it has been shown to my satisfaction that the said ......... (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said ......... to appear to answer the said charge within ......... days; and whereas the said ......... is possessed of the following property, other than land paying revenue to Government, in village (or town), of ......... in the District of ........., viz ........., ......... and an order has been made for the attachment thereof; You are hereby required to attach the said property in the manner specified in clause (a), or clause (c ), or both1, of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 8. Order authorising an attachment by the District Magistrate or Collector See section 83 ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... attachment thereof; You are hereby required to attach the said property in the manner specified in clause (a), or clause (c ), or both1, of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 8. Order authorising an attachment by the District Magistrate or Collector See section 83 To the District Magistrate/Collector of the District of ......... WHEREAS complaint has been made before me that ......... (name, description and address) has committed (or is suspected to have committed) the offence of ......... punishable under section ......... of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said ......... (name) cannot be found; and whereas it has been shown to my satisfaction that the said ......... (name) has absconded (or is concealing himself to avoid the service of the said warrant) and there upon a Proclamation has been or is being duly issued and published requiring the said ......... (name) to appear to answer the said charge within ......... days; and whereas the said ......... is possessed of certain land paying revenue to Government in the village (or town) of ......... in the District of ......... , You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c ), or both, of sub-section (4) of section 83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 9. Warrant in the first instance to Bring up a Witness See section 87 To ......... (name and designation of the Police Officer or other person or ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 9. Warrant in the first instance to Bring up a Witness See section 87 To ......... (name and designation of the Police Officer or other person or persons who is or are to execute the warrant). WHEREAS complaint has been made before me that ......... (name and description of accused) of ......... (address) has (or is suspected to have) committed the offence of ......... (mention the offence concisely), and it appears likely that ......... (name and description of witness) can give evidence concerning the said complaint and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said ......... (name of witness) and on the ......... day of ......... to bring him before this Court, to be examined touching the offence complained of. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 10. Warrant to search after information of a particular Offence See section 93 To ......... (name and designation of the Police Officer or other person or persons who is or are to execute to warrant). WHEREAS complaint has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of ......... (mention the offence concisely), and it has been made to appear to me that the production of ......... (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence); This is to authorise and require you to search for the said ......... (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same ........................................................ SEARCH RUBRICS :ARREST ...................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) WHEREA BOND WITH SURETIES IS TO BE EXECUTED, ADD- We do hereby declare ourselves sureties for the above-named that he will appear before the Court of ......... on the following date (or dates) namely - and, in case of making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees ......... (Seal of the Court) (Signature) Form 45. Bond and bail-bond for attendance before officer in charge of police station or Court See section 436 436A , 437 , 437A, 438 s438 (3) and 441 s441 I ......... (name), of ......... (Place) having been arrested or detained without warrant by the officer in charge of ......... police station (or having been brought before the Court of .........) charged with the offence of ........., and required to give security for my attendance before such officer of Court on condition that I shall attend such officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of making default herein, I bind myself to forfeit to Government the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said ......... (name) that he shall attend the officer in charge of ......... police station or the Court of ......... on every day on which ay investigation into the charge is made or any trial (on such charge is held that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case if his making default herein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees ......... Dated, this ......... day of ........., 20 ......... (Seal of the Court) ........................................................