Date:-21/04/2024 Retrieved Rubrics -TRIAL ------------------------ Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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; (f) "India" means the territories to which this Code extends; (g) "inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or court; (h) "investigation" includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is 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; ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (b) to a magistrate of the second class or of the third class, shall be construed as a reference to a judicial Magistrate of the second class; (c) to a presidency Magistrate or chief presidency magistrate, shall be construed as a reference, respectively, to a metropolitan magistrate or the chief metropolitan magistrate; (d) to any area, which is included in a metropolitan area, as a reference to such metropolitan area, and any reference to a magistrate of the first class or of the second class in relation to such area, shall be construed as reference to the metropolitan magistrate- exercising jurisdiction in such area. (4) Where, under any law, other than this code, the functions exercisable by a magistrate relate to matters- (a) which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any court, they shall, subject to the provisions of this code, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an executive Magistrate. STATE AMENDMENTS Andaman and Nicobar Islands (1) After section 3, the following section shall be inserted, namely. "3-A. Special provision relating to Andaman and Nicobar Islands. - (1) Reference in this code to: (a) the chief Judicial Magistrate shall be construed as references to the district Magistrate or, where the state government so directs, also to the additional District Magistrate: ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) Reference in this code to: (a) the chief Judicial Magistrate shall be construed as references to the district Magistrate or, where the state government so directs, also to the additional District Magistrate: (b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first class or the second class shall be construed as references to such executive Magistrate as the State Government may, be notification in the official gazette, specify. (2) The State Government may, if it is of opinion that adequate number of persons or available for appointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands. (3) On the cesser of operation of the provisions of this section every enquiry or trial pending, immediately before such cesser, before the District Magistrate or additional District Magistrate or any executive Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached before, such cesser, by such judicial Magistrate as the State Government may specify in this behalf." [Regulation 1 of 1974, sec. 3 (w.e.f.30.3. 1974)] Arunachal Pradesh and Mizoram; After sub-section (4), the following sub-section shall be inserted, namely; - "(5) Notwithstanding any thing contained in the foregoing provisions for this section; - (i) any reference in such of the provisions of this code, as applied to the Union territories of Arunachal Pradesh and Mizoram, to the courts mentioned in column (1) of the table below shall, until the courts of Session and Courts of Judicial Magistrate or constituted in the said Union Territories be construed as references to the court of Magistrate mentioned in the corresponding entry in column (2) of that ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1-2 Court of Session or Session Judge or Chief Judicial Magistrate.- District Magistrate or Additional District Magistrate. Magistrate or Magistrate of the first class or Judicial Magistrate of the First Class.-Executive Magistrate (ii) References mentioned in Sub-section (3) to a Judicial Magistrate and functions mentioned in Sub-section (4) exercisable by a Judicial Magistrate and Executive Magistrate shall be construed as references to, and exercised by, Deputy Commissioner and Additional Deputy commissioner and Assistant to Deputy Commissioner appointed under any law in force: Provided that an Assistant to Deputy Commissioner shall exercise such powers of a Judicial Magistrate as may be invested by the Governor" Nagaland Gazette 19-6-1975 [Vide Nagaland Gazette, dated 19th June, 1975] 4. Trial of offences under the Indian Penal Code and other laws. (1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provision hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. 5. Saving. Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. 6. Classes of Criminal Courts. Besides the High Courts and the courts constituted under any law, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 8. Metropolitan areas. (1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of' this Code. (2) As from the commencement of this Code, each of the Presidency- towns of Bombay, Calcutta, Madras, and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area. (3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. (4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before Such cesser before any Court or Magistrate in Such area shall continue to be dealt with under this Code, as if such cesser had not taken place. (5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code, as if such reduction or alteration had not taken place. Explanation. In this section, the expression "population" means the Population as ascertained at the last preceding census of which the relevant figures have been published. 9. Court of Session. (1) The State Government shall establish a Court of Session for every session's division. (2) Every Court of Session shall be presided over by a Jude, to be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every, such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. 11. Courts of Judicial Magistrates. (1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: 1[Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrate of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.] (2) The presiding officers of such Courts shall be appointed by the High Courts. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. 1. Added by Act 45 of 1978, sec. 3 (w.e.f. 18-12-1978). STATE AMENDMENTS Andaman and Nicobar Island, Dadra and Nagar Haveli and Lakshadweep: In sub-section (3) of section 11, for the words "any member of the Judicial Service of the State functioning as a Judge in a Civil Court" the words "any person discharging the functions of a Civil Court" shall be substituted. [Vide Regulation 1 of 1974, sec.4 (w.e.f. 30-3-1974)]. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 30. Sentence of imprisonment in default of fine. (1) The court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law: Provided that the term- (a) is not in excess of the powers of the Magistrate under section 29; (b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine. (2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 29. 31. Sentence in cases of conviction of several offences at one trial. (1) When a person is convicted at one trial of two or more offences, the court may, subject to the provisions of section 71 of the Indian Penal Code (45 of 1860), sentence him for such offences, to the several punishments, prescribed therefor which such court is competent to inflict; such punishments when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently. (2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment, which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher court: Provided that- (a) in no case shall such person be sentenced to imprisonment for a longer period than fourteen years; (b) the aggregate punishment shall not exceed twice the amount of ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... produce it, at the time and place stated in the summons or order. (2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same. (3) Nothing in this section shall be deemed - (a) to affect, sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), or the Bankers, Books Evidence Act, 1891(13 of 1891), or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority. 92. Produce as to letters and telegrams. (1) If any document, parcel or thing in the custody of a postal or telegraph authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Sessions or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Code, such Magistrate or court may require postal or telegraph authority, as the case may be, or deliver the document, parcel or thing to such person a the Magistrate or Court directs. (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of police or District Superintendent of police, wanted for any such purpose, he may require the postal or telegraph authority, as the case nay be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).. 93. When search warrant may be issued. (1) (a) where any court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or (b) where such document or thing is not known to the Court to be in the possession of any person, or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of police or District Superintendent of police, wanted for any such purpose, he may require the postal or telegraph authority, as the case nay be, to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).. 93. When search warrant may be issued. (1) (a) where any court has reason to believe that a person to whom a summons or order under section 91 or a requisition under sub-section (1) of section 92 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition, or (b) where such document or thing is not known to the Court to be in the possession of any person, or (c) where the court considers that the purposes of any inquiry, trial or other proceeding under this Code will be served by a general search or inspection, it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained. (2) The court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified. (3) Nothing contained in this section shall authorize any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal or telegraph authority. 94. Search of place suspected to contain stolen property, forged documents, etc. (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons case. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of' breach of the peace or disturbance of the public tranquility or the Commission of any offence or for the public safety, may, for reason to be recorded in writing direct the per son in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that - (a) no person against whom proceedings are not being taken over under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provisions of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.".] ------------------- 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. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1["Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.".] ------------------ 1. Inserted by Section 15 of 'The Criminal Law (Amendment) Act, 2013' 162. Statements to police not to be signed: Use of statements in evidence. (1) No statement made by any person to a police officer in the course of' an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of' his statement, if duly proved, may be used by the accused, and with the permission of' the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872 (1 of 1872) and when any part of' such statement is so used, any part thereof' may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement failling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect the provisions of section 27 of that Act. Explanation: An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 (1 of 1 872). (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164. 164. Recording of confessions and statements. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: Provided that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorize the detention of such person in police custody. (4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be videographed. (b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.".] (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. STATE AMENDMENT Andaman and Nicobar Islands and Lakshadweep: After sub-section (1) of section 164, the following sub-section shall be inserted, namely. "(1A) Where, in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion that it is necessary and expedient so to do that Government after consulting the High Court specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred by sub-section (1) on a Judicial Magistrate, and thereupon references in section 164 to a Judicial Magistrate shall he construed as references to the Executive Magistrate so empowered." [Vide Regulation 1 of' 1974, sec. 5 (w.e.f. 30-3-1974)]. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding- (i) Ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) Sixty days, where the investigation relates to any other offence, And, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be to released under the provisions of Chapter XXXIII for the purposes of that Chapter;] ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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, evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial. 170. Cases to be sent to Magistrate when evidence is sufficient. (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed. (2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed. (2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused. (3) If the court of the Chief Judicial Magistrate is mentioned in the bond, such court shall be held to include any court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. (4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report. 171. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. No complainant or witness on his way to any court shall be required to accompany a police officer, or shall be subject to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. 172. Diary of proceeding in investigation. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... accompany a police officer, or shall be subject to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. 172. Diary of proceeding in investigation. (1) Every police officer making an investigation under this Chapter shall day by day enter his proceeding in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. (2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. (3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the court; but, if they, are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply. 173. Report of police officer on completion of investigation. (1) Every investigation under this Chapter shall be completed without unnecessary delay. (2) (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; ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Explanation - In this section, the expression "relative" means parents, children, brothers, sisters and spouse. CrPC (Amendment) Act, 2005 (Notes on Clauses) Section 176 has been amended to provide that in the case of death or disappearance of a person, or rape or a woman while in the custody of the police, there shall be a mandatory judicial inquiry and in case of death, examination of the dead body shall be considered within twenty- four hours of death. 1. Subs. by Act 46 of 1983, sec. 4 for certain words (w.e.f. 25-12- 1983). 2. The words "when any person dies while in the custody of the police or" omitted by Act 25 of 2005, sec. 18. 3. Ins. by Act 25 of 2005, sec. 18 177. Ordinary place of inquiry and trial. Every offence shall ordinary be inquired into and tried by a court within whose local jurisdiction it was committed. 178. Place of inquiry or trial. (a) When it is uncertain in which of several local areas an offence was committed, or (b) Where an offence is committed partly in one local area and party in another, or (c) Where an offence is a continuing one, and continues to be committed in more local area has one, or (d) Where it consists of several acts done in different local areas, It may be inquired to or tried by a court having jurisdiction over any of such local areas. 179. Offence triable where act is done or consequence ensues. When an act is an offence, due to anything, which has been done, and ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (a) When it is uncertain in which of several local areas an offence was committed, or (b) Where an offence is committed partly in one local area and party in another, or (c) Where an offence is a continuing one, and continues to be committed in more local area has one, or (d) Where it consists of several acts done in different local areas, It may be inquired to or tried by a court having jurisdiction over any of such local areas. 179. Offence triable where act is done or consequence ensues. When an act is an offence, due to anything, which has been done, and of a consequence, which has ensued, the offence may be inquired into or tried by a court within whose local jurisdiction such thing has been done or such consequence has ensued. 180. Place of trial where act is an offence by reason of relation to other offence. When an act is an offence by reason of its relation to any other act which is also all offence or which would be an offence if the doer were capable of committing all offence, the first-mentioned offence may be inquired into or tried by a court within whose local jurisdiction either act was done. 181. Place of trial in case of certain offences. (1) Any offence of being a thug, or murder committed by a thug, of dacoity, of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the accused person is found. (2) Any offence of kidnapping or abduction of a person may be inquired into or tried by, a court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. (3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person. (2) Any offence punishable under section 495 or section 494 of the Indian Penal Code (45 of 1860) may be inquired into or tried by a court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage 1[or the wife by first marriage has taken up permanent residence after the commission of offence]. 1. Ins. by Act 45 of 1978, sec 15 (w.e.f. 18-12-1978). 183. Offence committed on journey or voyage. When an offence is committed, whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage. 184. Place of trial for offences triable together. Where- (a) The offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 219, section 220 or section 221, or (b) The offence or offences committed by several persons are such that they may be charged with, and tried together by virtue of the provisions of section 223, The offences may be inquired into or tried by any court competent to inquire into or try any of the offences. 185. Power to order cases to be tried in different sessions divisions. Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any session's division: Provided that such direction is not repugnant to any direction ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (b) The offence or offences committed by several persons are such that they may be charged with, and tried together by virtue of the provisions of section 223, The offences may be inquired into or tried by any court competent to inquire into or try any of the offences. 185. Power to order cases to be tried in different sessions divisions. Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any cases or class of cases committed for trial in any district may be tried in any session's division: Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Code or any other law for the time being in force. 186. High Court to decide, in case of doubt, district where inquiry or trial shall take place. Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided- (a) If the courts are subordinate to the same High Court, by that High Court; (b) If the courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued. 187. Power to issue summons or warrant for offence committed beyond local jurisdiction. (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 177 to 185 (both inclusive), ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (b) By a person, not being such citizen, on any ship or aircraft registered in India. He may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found: Provided that, notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. 189. Receipt of evidence relating to offences committed outside India. When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 188, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced before a judicial officer in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the court holding such inquiry or trial in any case in which such court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. 190. Cognizance of offences by Magistrates. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, specially empowered in this behalf under sub- section (2), may take cognizance of any offence- (a) Upon receiving a complaint of facts which constitute such offence; (b) Upon it police report of such facts; (c) Upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. STATE AMENDMENT ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall ba transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf. STATE AMENDMENTS Punjab Union Territory of Chandigarh. In section 191, for the words "clause (c) of Sub-section (1) of section 190" substitute the words "section 190A" and for the words "Magistrate" and "Chief Judicial Magistrate" substitute the words "Executive Magistrate" and "District Magistrate" wherever occurring. [Vide Punjab Act 22 of 1983 (w.e.f 27-6-1983)]. 192. Making over of cases to Magistrates. (1) Any Chief Judicial Magistrate after taking Cognizance of all offence, make over the case for inquiry or trial to and competent Magistrate subordinate to him. (2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial. STATE AMENDMENTS Punjab Union Territory of Chandigarh. In section 192, for the words, "Chief Judicial Magistrate" and the words "District Magistrate of the First class" or Magistrate" wherever they occur, substitute the words "District Magistrate" and "Executive Magistrate" respectively. [Vide Punjab Act 22 of 1983 (w.e.f 27-6-1983)]. 193. Cognizance of offences by Courts of Session. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... In section 192, for the words, "Chief Judicial Magistrate" and the words "District Magistrate of the First class" or Magistrate" wherever they occur, substitute the words "District Magistrate" and "Executive Magistrate" respectively. [Vide Punjab Act 22 of 1983 (w.e.f 27-6-1983)]. 193. Cognizance of offences by Courts of Session. Except as otherwise expressly provided by this Code or by any other law for the time being in force, no court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a Magistrate under this code. 194. Additional and Assistant Sessions Judges to try cases made over to them. An Additional Sessions Judge or Assistant Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try. 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. (1) No court shall take cognizance- (a) (i) If any offence punishable under sections 172 to 188 (both inclusive) of the Indian Penal Code (45 of 1860), or (ii) Of any abetment of, attempt to commit, such offence, or (iii) Of any criminal conspiracy to commit, such offence, Except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate; (b) ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (ii) Of any offence described in section 463, or punishable under section 471, section 475 or section 476, of the said Code, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court, or (iii) Of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that court, or of some other court to which that court is subordinate. 1[except on the complaint in writing of that Court by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate]. (2) Where a complaint has been made by a public servant under clause (a) of subsection (1) any authority to which he is administratively subordinate may order the withdrawal of the complaint and send a copy of such order to the court; and upon its receipt by the court, no further proceedings shall be taken on the complaint: Provided that no such withdrawal shall be ordered if the trial in the court of first instance has been concluded. (3) In clause (b) of sub-section (1), the term "court" means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central, provincial or State Act if declared by that Act to be a court for the purposes of this section. (4) For the purposes of clause (b) of sub-section (1), a court shall be deemed to be subordinate to the court to which appeals ordinarily lie from appeal able decrees or sentences of such former court, or in the case of a civil court from whose decrees no appeal ordinarily lies, to the principal court having ordinary original civil jurisdiction within whose local jurisdiction such civil court is situate: Provided that- (a) Where appeals lie to more than one court, the Appellate Court of inferior jurisdiction shall be the court to which such court shall be deemed subordinate; (b) Where appeals lie to a Civil and to Revenue Court, such court ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... clause (I) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government. (3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is here by declared that any sanction accorded by the State Government or any cognizance taken by a court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such matter to accord sanction and for the court to take cognizance thereon.] (4) The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the court before which the trial is to be held. 1. Added by Act 43 of 1991, sec. 2 (w.e.f. 2-5-1991) 2. Ins. by Act 43 of 1991, sec. 2 (w.e.f. 2-5-1991) 3. Inserted by Section 18 of "The Criminal Law (Amendment) Act, 2013" STATE AMENDMENTS Assam: For sub-section (3) of section 197, the following subsection shall be submitted, namely. "(3) The State Government may, by notification, direct that the provisions of' subsection (2) shall apply. (a) To such class 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) or subsection (2) ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. 200. Examination of complainant. A Magistrate taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses- (a) If a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) If the Magistrate makes over the case for inquiry, or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. 201. Procedure by Magistrate not competent to take cognizance of the case. If the complaint is made to a Magistrate who is not competent to take cognizance of the offence he shall, - (a) If the complaint is in writing, return it for presentation to the proper court with to that effect; (b) If the complaint is not in writing, direct the complainant to the proper court. 202. Postponement of issue of process. (1) Any Magistrate, on receipt of a complaint of an offence which he is authorised to take cognizance or which has been made over to him ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in court. 209. Commitment of case to Court of Session when offence is triable exclusively by it. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall- 1[(a) Commit, after Complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this code relating to bail, remand the accused the custody until Such commitment has been made;] (b) Subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) Send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) Notify the Public Prosecutor of the commitment of the case to the Court of Session. 1. Subs. by Act 45 of 1978. sec. 19, for clause (a) (18-12-1978). STATE AMENDMENTS GUJARAT: In section 209 for clause (a), the following clause shall he substituted. Namely. "(a) Commit the case, after complying with the provisions of' section 207 or section 208, as the case may be, to the Court of Session and, subject to the, provisions of this code relating to bail, remand the accused to custody until such commitment has been made." [Vide president's Act 30 of 1976, sec. 2 (w.e.f. 7-7-1976)]. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... In section 209 for clause (a), the following clause shall he substituted. Namely. "(a) Commit the case, after complying with the provisions of' section 207 or section 208, as the case may be, to the Court of Session and, subject to the, provisions of this code relating to bail, remand the accused to custody until such commitment has been made." [Vide president's Act 30 of 1976, sec. 2 (w.e.f. 7-7-1976)]. UTTAR PRADESH: In section 209 for clauses (a) and (b), the following clauses shall be substituted be deemed always to have been substituted, namely. "(a) As soon as may be after complying with the provisions of section 207, commit the case to Court of Session; (b) Subject to the provisions of the Code relating to bail, remand the accused to the custody until commitment of the case under clause (a) and thereafter during and until the conclusion of the trial." [Vide U.P Act 16 of 1976. sec. 6.] 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such export cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 173 and on such export cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Code. 211. Contents of charge. (1) Every charge under this Code shall state the offence with which the accused is charged. (2) If the law that creates the offence gives it any specific name, the offence may be described in the charge by that name only. (3) If the law that creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the court. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Magistrate, which referred exclusively to the case of Haidar Baksh. The court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 1882, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 1882. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The court may infer from this that A was misled, and that the error was material. 216. Court may alter charge. (1) Any court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the court to prejudice the accused in his defence or the prosecutor in the conduct of the case the court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the court to prejudice the accused or the prosecutor as aforesaid, the court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) lf the offence stated in the altered or added charge is one for the prosecution of which previous section is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction had been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. 217. Recall of witnesses when charge altered. Whenever a charge is altered or added to by the court after the commencement of the trial, the prosecutor and the accused shall be allowed- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby the Magistrate may try together all or any number of the charges framed against such person. (2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 219, 220, 221 and 223 Illustration A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. 219. Three offences of same kind within year may be charged together. (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local laws: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1 860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. 220. Trial for more than one offence. (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... under section 379 of the Indian Penal Code (45 of 1 860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. 220. Trial for more than one offence. (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub- section 212 or in sub-section (I) of section 219, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. (3) If the acts alleged constitute an offence failing within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. (4) Several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, or such acts. (5) Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860). Illustration sub-section (1) (a) A rescues B a person in lawful custody, and in so doing causes grievous hurt to C, a constable, in whose custody B was, A may be charged with, and convicted of, offences under sections 225 and 333 of the Indian Penal Code (45 of 1860). ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... adultery with B, and then commits adultery with her. A may be separately charged with, and convicted of, offences under sections 498 and 497of the Indian Penal Code(45 of 1860). (d) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 466 of the Indian Penal Code(45 of 1860). A may be separately charged with, and convicted of, the possession of each seal under section 473 of the Indian Penal Code (45 of 1 860). (e) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 211 of the Indian Penal Code (45 of 1860). (f) A with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with and convicted of, offences under section 211 and 194 of the Indian Penal Code (45 of 1860). (g) A with six others, commits the offences, of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sections 147, 325 and 152 of Indian Panel Code (45 of 1860). (h) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under section 506 of the Indian Penal Code (45 of 1860). The separate charges referred to in illustration (a) to (h) respectively, may be tried at the same time. Illustrations to sub-section (3) (i) A wrongfully strikes B with a cane. A may be separately charged with and convicted of, offences under sections 352 and 323 of the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the 1[Magistrate of Court of Session] may, if such persons by an application in writing, so desire, and, 2[if he is satisfied] that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together. 1. Subs. by Act 25 of 2005, sec. 21, for "Magistrate". 2. Subs. by Act 25 of 2005, sec. 21, for "if he is satisfied". 224. Withdrawal of remaining charges on conviction on one of several charges. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent, of the court, withdraw the remaining charge or charges, or the court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said court (subject to the order of the court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. 225. Trial to be conducted by Public Prosecutor. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. 226. Opening case for prosecution. When the accused appears or is brought before the court in pursuance of a commitment of the case under section 209, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. 227. Discharge. If, upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. 227. Discharge. If, upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. 228. Framing of charge. (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which- (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, 1[ or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate] shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) is exclusively triable by the court, he shall frame in writing a charge against the accused. (2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. STATE AMENDMENTS KARNATAKA: In clause (a), of sub-section (1), for the words "to the Chief Judicial Magistrate and hereupon the "Chief Judicial Magistrate" the words " to the Chief Judicial Magistrate or to any Judicial Magistrate ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 236. Previous conviction. In a case where a previous conviction is charged under the provisions of sub-section (7) of section 211, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted said accused under section 229 or section 235, take evidence in respect of. The alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 229 or section 235. 237. Procedure in cases instituted under section 199 (2). (1) A Court of Session taking cognizance of an offence under sub- section (2) of section 199 shall try the case in accordance with the procedure for the trial of warrant cases instituted otherwise than on a police report before a Court of Magistrate: Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. (2) Every trial under this section shall be held in camera if either party thereto so desires or if the court thinks fit so to do. (3) If, in any such case, the court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, Vice-President or the Governor of a State or the Administrator of a Union Territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. (4) The court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed or, if an appeal is presented, before the appeal has been decided. 238. Compliance with section 207. When in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial; the Magistrate shall satisfy himself that he has complied with the provisions of section 207. 239. When accused shall be discharged. If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. 240. Framing of charge. (1) If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in opinion could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he had entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that, when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in court. 244. Evidence for prosecution. (1) When, in any warrant-case instituted other wise than on a police report the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summon to any of its witnesses directing him to attend or to produce any document or other thing. 245. When accused shall be discharged. (1) If, upon taking all evidence referred to in section 244 the Magistrate considers, for reasons to be recorded that the case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (2) Nothing, in this section shall be deemed to prevent a Magistrate from discharging he accused at any previous stage of the case if, for ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... compensation under sub-section (2) further order that, in default of payment, the person ordered to pay such compensation shall under go simple imprisonment for a period not exceeding thirty days. (4) When any person is imprisonment under sub-section (3), the provisions of sections 68 and 69 of the lndiail Penal Code (45 of 1860) shall, so far as may be, apply. (5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken in to account in awarding compensation to such person in any subsequent civil suit relating to the ssame matter. (6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding one hundred rupees, may appeal from the order as if such complainant or infonnant had been convieted on a trial had by such Magistrate. (7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons-cases as well as to warrant cases. 251. Substance of accusation to be stated. When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge. 252. Conviction on plea of guilty. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... shall be adjusted towards that fine, or where a pleader authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the pleader and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. 254. Procedure when not convicted. (1) If the Magistrate does not convict the accused under section 252 or section 253, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) A Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in court. 255. Acquittal or Conviction. (1) If the Magistrate, upon taking the evidence referred to in section 254 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilt, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 325 or section 360, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 252 or section 255, convict the accused of any offence triable under this Chapter which form the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons if the Magistrate is satisfied that the accused would not be prejudiced thereby. 256. Non-appearance or death of complainant. (1) If the summons has been issued on complaint and on the day ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn. 258. Power to stop proceedings in certain cases. In any, summons that case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case release, the accused, and such release shall have the effect of discharge 259. Power of court to convert summons-cases into warrant cases. When in the course of the trial of summon-case relating to an offence it appears to the magistrate punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of Justice, the offence should be tried in accordance with the procedure for the trial of warrant- cases, such Magistrate may proceed to rehear the case in the manner provided by, this Code for the trial of warrant-cases and may recall any witness who may have been examined. 260. Power to try summarily. (1) Notwithstanding anything contained in this Code- (a) Any Chief Judicial Magistrate: (b) Any Metropolitan Magistrate; (c) Any, Magistrate of the first class specially empowered in this behalf by the High Court, may any of he thinks fit, try in a summary way all or any of the following offences. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... under section 414 of the Indian Penal Code (45 of 1860) where the value of such property does not exceed 1[two thousand rupees]; (v) Offences under sections 454 and 456 of the Indian Penal Code (45 of 1860); (vi) Insult with intent to provoke a breach of the peace, under section 504 and 2[criminal intimidation punishable with imprisonment for a term which may extend to two years, or with fine, or with both], under section 506 of the Indian Penal Code (45 of 1860). (vii) Abetment of any, of the foregoing offences; (viii) An attempt to commit any of the foregoing offences, when such attempt is an offence; (ix) Any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-Trespass Act, 1871 (1 of 1871). (2) When, in the Course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear, the case in the manner provided by this Code. ------- 1. Subs. by Act 25 of 2005, sec. 23, for "two hundred rupees". 2. Subs. by Act 25 of 2005, sec. 23, for "criminal intimidation". 261. Summary trial by Magistrate of the second class. The High Court may confer on any, Magistrate invested with the powers of a Magistrate of the second class power, to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding, six months with or without fine, and any abetment of or attempt to commit any such offence. 262. Procedure for summary trials. (1) In trial under this Chapter, the procedure specified in this Code ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... have been examined and proceed to re-hear, the case in the manner provided by this Code. ------- 1. Subs. by Act 25 of 2005, sec. 23, for "two hundred rupees". 2. Subs. by Act 25 of 2005, sec. 23, for "criminal intimidation". 261. Summary trial by Magistrate of the second class. The High Court may confer on any, Magistrate invested with the powers of a Magistrate of the second class power, to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding, six months with or without fine, and any abetment of or attempt to commit any such offence. 262. Procedure for summary trials. (1) In trial under this Chapter, the procedure specified in this Code for the trial of summons-case shall be followed except as hereinafter mentioned. (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. 263. Record in summary trials. In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely. (a) The serial number of the case; (b) The date of the commission of the offence; (c) The date of the report of complaint; (d) The name of the complainant (if any); (e) The name, parentage and residence of the accused; (f) The offence complained of and the offence (if any) proved, and in ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... condition of the country or has been committed against a woman, or a child below the age of fourteen years. (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio- economic condition of the country. ------- 1. Chapter XXIA (containing sections 265A to 265L) ins. by Act 2 of 2006, sec. 4. 1[CHAPTER XXI A PLEA BARGAINING 265 B. Application for plea bargaining. (1) A person accused of an offence may file application for plea bargaining in the Court in which such offence is pending for trial. (2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in a case in which he had been charged with the same offence. (3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case, as the case may be, and to the accused to appear on the date fixed for the case. (4) When the Public Prosecutor or the complainant of the case, as the case may be, and the accused appear on the date fixed under sub- section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 265 G. Finality of the judgment. The judgment delivered by the Court under section 265G shall be final and no appeal (except the special leave petition under Article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment. ------- 1. Chapter XXIA (containing sections 265A to 265L) ins. by Act 2 of 2006, sec. 4. 1[CHAPTER XXI A PLEA BARGAINING 265 H. Power of the Court in plea bargaining. A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Code. ------- 1. Chapter XXIA (containing sections 265A to 265L) ins. by Act 2 of 2006, sec. 4. 1[CHAPTER XXI A PLEA BARGAINING 265 I. Period of detention undergone by the accused to be set off against the sentence of imprisonment. The provisions of section 428 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Code. ------- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Chapter XXIA (containing sections 265A to 265L) ins. by Act 2 of 2006, sec. 4. 266. Definitions. In this Chapter, - (a) "Detained" includes detained under any law providing for preventive detention; (b) "Person" includes, - (i) Any place, which has been declared by the State Government, by general or special order, to be a subsidiary jail; (ii) Any reformatory, Borstal institution or other institution of a like nature. 267. Power to require attendance of prisoners. (1) Wherever, in the course of an inquiry, trial or other proceeding under this Code, it appears to a Criminal Court. (a) That a person confined or detained in a prison should be brought before the court for answering to a charge of an offence, or for the purpose of any proceedings against him, or (b) That it is necessary for the ends of justice to examine such person as a witness, the court may make an order requiring the officer in charge of the prison to produce such person before the court for answering to the charge or for the purpose of such proceeding or as the case may be, for giving evidence. (2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate to whom such Magistrate is subordinate. (3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... shall have regard to the following matters, namely: (a) The nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison; (b) The likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; (c) The public interest, generally. 269. Officer in charge of prison to abstain from carrying out order in certain contingencies. Where the person in respect of whom an order is made under section 267, - (a) Is by reason of sickness or infirmity unfit to be removed from the prison or (b) Is under committal for trial or under remand pending trial or pending a preliminary investigation; or (c) Is in custody for a period which would expire before the expiration of the time required or complying with the order and for taking him back to the prison in which he is confined or detained or (d) Is a person to whom an order made by the State Government under section 268 applies, the officer in charge of the prison shall abstain from carrying out the court's order and shall send to the court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometers distance from the prison, the officer in charge of' the prison shall not so abstain for the reason mentioned in clause (b). 270. Prisoner to he brought to court in custody. Subject to the provisions of section 269, the officer incharge of the prison shall, upon delivery of an order made under Sub-section (1) of' ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Except as otherwise expressly provided all evidence taken in the course of the other proceeding shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his pleader. 1["Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross- examination of the accused.".] ------------------- 1. Inserted by Section 20 of "The Criminal Law (Amendment) Act, 2013" 274. Record in summons cases and inquiries. (1) In all summon cases tried before a magistrate in all inquiries under sections 145 to 148 (both inclusive), and in all proceedings under section 446 otherwise than in the Course of a trial, the Magistrate shall as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the court: Provided that if the Magistrate is unable to make such memorandum himself, he shall the after recording the reason of his inability cause such member to be made in writing or from his dictation in open court. (2) Such memorandum shall be signed by the Magistrate and shall form part of the record. 275. Record in warrant cases. (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by his dictation in open court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the court appointed by him in this behalf. (2) Where the Magistrate causes the evidence to be taken down, he ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by his dictation in open court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the court appointed by him in this behalf. (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1). (3) Such evidence shall ordinarily be taken down in the form of a narrative, by the Magistrate may, in his discretion take down, or cause to be taken down, any part of' such evidence in the form of question and answer. (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. 276. Record in trial before Court of Session. (1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open court or his direction and Superintendence, by an officer of the court appointed by him in this behalf. 1[(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding judge may, in his discretion take down or cause to be taken down, any part of' such evidence in the form of question and answer.] (3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record. 1. Subs by Act 45 of 1978. Sec. 20. for sub-section (2) (w.e.f. 18-12- 1978). 277. Language of record of evidence. In every case where evidence is taken down under section 275 or section 276, - ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... examination, including every question put to him and every answer given by him, shall be recorded in full by the or other incapacity, under his direction and superintendence by an officer of the court appointed by him in this behalf. (3) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable in the language of the court. (4) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language, which he understands, and he shall be at liberty to explain or add to his answers. (5) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused. (6) Nothing in this section shall be deemed to apply to the examination of an accused person in the Course of a summary trial. 282. Interpreter to be bound to interpret truthfully. When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement. 283. Record in High Court. Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it; and such evidence and examination shall be taken down in accordance with such rule. 284. When attendance of witness may be dispensed with and commission issued. (1) Whenever, in the course of any inquiry, trial or other proceeding under this Code, it appears to a Court of Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (2) If the witness is in India, but in a State or an area to which this Code does not extend the commission shall be directed to such court or officer as the Central Government may, by notification specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such court or officer, and sent to such authority for transmission as the Central Government may, by notification prescribe in this behalf. 286. Execution of commissions. Upon receipt of the commission, the Chief Metropolitan Magistrate of Chief Judicial Magistrate, or such Metropolitan or Judicial Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant cases under this Code. 287. Parties may examine witnesses. (1) The parties to any proceeding under this Code in which a commission is issued may respectively forward any interrogatories to the issue, and it shall be lawful for the Magistrate, court or officer to whom the Commission is directed, or to whom the duty of executing it is delegated, to examine (he witness upon such interrogatories. (2) Any such party may appear before such Magistrate, court or officer by pleader, or if not in custody, in person, and may examine, cross- examine and reexamine (as the case may be) the said witness. 288. Return of commissions. (1) After any commission issued under section 284 has been duly, executed, it shall he returned, together with the deposition of the witness examined there under, to the court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... examine and reexamine (as the case may be) the said witness. 288. Return of commissions. (1) After any commission issued under section 284 has been duly, executed, it shall he returned, together with the deposition of the witness examined there under, to the court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions prescribed by section 31 of the Indian Evidence Act, 1872 (1 of 1872) may also be received in evidence at any subsequent stage of the case before another court. 289. Adjournment of proceeding. In every case in which a commission is issued under section 284, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. 290. Execution of foreign Commissions. (1) The provisions of section 286 and so much of section 287 and section 288 as relate to the execution of a commission its return shall apply in respect of commissions issued by any of the courts, Judges Magistrates hereinafter mentioned as they apply to commissions issued under section 284. (2) The courts, Judges and Magistrates referred to in sub-section (1) are- (a) Any such court, Judge or Magistrate exercising jurisdiction within an area India to which this Code does not extend, as the Central Government may, by notification, specify, in this behalf; (b) Any court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specie in this behalf, and having authority under the law in force in that country of place, to issue commissions for the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... law in force in that country of place, to issue commissions for the examination of witnesses in relation in relation to criminal matters. 291. Deposition of medical witness. (1) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused or taken on commission under this Chapter, may be given in evidence in any injury or other proceeding under this Code, although the deponent is not called as a witness. (2) The court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject matter of his deposition. 291 A. Identification report of Magistrate. 1[Identification report of Magistrate. (1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Code, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 21, section 32, section 33, section 155 or section 157, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report.] CrPC (Amendment) Act, 2005 (Notes on Clauses) Under the existing provisions of the Code an identification memo is required to be proved in the Court by examination of the Magistrate, who conducted the proceedings. These facts are generally not disputed. In order to save time of the Court, section 291A has been inserted with a view to make memorandum of identification prepared by the Magistrates admissible in evidence without formal proof of facts stated therein with a provision that the Court may, if it thinks fit, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... on the application of the prosecution or the accused, summon or examine the Magistrate as to the subject-matter contained in the memorandum of identification. ------- 1. Ins. by Act 25 of 2005, sec. 24. 292. Evidence of officers of the Mint. (1) Any document purporting to be a report under the hand of any such gazetted officer of the Mint 1[officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents, as the case may be,] as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code, although such officer is not called as a witness. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of this report: Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872) no such officer shall, 2[except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation, as the case may be,] be permitted- (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Currency Notes Press, the Bank Note Press and the Security Printing Press, like other specified officers of the Mint and the India Security Press and also makes certain other consequential changes. ------- 1. Subs. by Act 2 of 2006, sec. 5 for "gazetted officer of the Mint or of the India Security Press (including the office of the Controller of Stamps and Stationery)" (w.e.f. 16-4-2006). 2. Subs. by Act 2 of 2006, sec. 5, for "except with the permission of the Master of the Mint, or the Indian Security Press or the Controller of Stamps and Stationery, as the case may be" (w.e.f. 16-4-2006). 293. Reports of certain Government scientific experts. (1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Code, may be used as evidence in any inquiry, trial or other proceeding under this Code. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:- (a) any Chemical Examiner or Assistant Chemical Examiner to Government; 1[(b) the Chief Controller of Explosives;] (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Subs. by Act 25 of 2005, sec. 26, for clause "(b) the Chief Inspector of Explosives". 2. Ins. by Act 45 of 1978, sec. 21 (w.e.f. 18-12-1978). 3. Added by Act 25 of 2005, sec. 26. 294. No formal proof of certain documents. (1) Where any document is filed before any court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused, as the case may be, or the pleader for the prosecution or the accused, if any, shall be called upon to admit m deny the genuineness of each such document. (2) The list of documents shall be in such form as may be prescribed by the State Government. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry trial or other proceeding under this Code without proof of the signature of the person to whom it purports to be signed: Provided that the court may, in its discretion, require such signature to be proved. 295. Affidavit in proof of conduct of public servants. When any application is made to any court in the course of any inquiry, trial or other proceeding under this Code, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the court may, if it thinks fit, order that evidence relating to such facts be so given. 296. Evidence of formal character on affidavit. (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Code. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (b) Any Commissioner of Oaths appointed by a High Court or Court of Session, or (c) Any notary appointed under the Notaries Act, 1952 (53 of 1952). (2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the ground of such belief (3) The court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. 1. Subs. by Act 45 of 1978, Sec. 22, for clause (a) (w.e.f. 18-12- 1978). 298. Previous conviction of acquittal how proved. In any inquiry, trial or other proceeding under this Code, a previous conviction or acquittal may be proved, in addition to any other mode provided by any, law for the time being in force, - (a) By an extract certified under the hand of the officer having the custody of the records of the court in which such conviction or acquittal was held, to be a copy of the sentence or order, or (b) In case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered. together with, in each of such cases evidence as to the identity of the accused person with the person so convicted or acquitted. 299. Record of evidence in absence of accused. (1) If it is proved that an accused person has absconded and that there is no immediate prospect of arresting him, the court competent to try 1[or commit for trial] such person for the offence complained of, may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 UTTAR PRADESH In section 299 in Sub-section (1) for the words "competent to try such person" the words" competent to try such person or to commit him for ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 UTTAR PRADESH In section 299 in Sub-section (1) for the words "competent to try such person" the words" competent to try such person or to commit him for trial" shall he substituted. [Vide U.P. Act 6 of 1976, sec. 7 (w.e.f. 28-11-1975)]. 300. Person once convicted or acquitted not to be tried for same offence. (1) A person who has once been tried by a court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under subsection (2) thereof. (2) A person acquitted or convicted of any offence afterwards tried with the consent of ore State Government for any distinct offence for which a separate charges have been made against him at the former trial under sub-section (1) of section 220. (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (d) A is charged by a Magistrate of the first class with, and convicted by him of voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, dacoity on the same facts. (f) A, B and C are charged by a magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. 301. Appearance by public prosecutors. (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any court in which that case is under inquiry, trial or appeal- (2) If any, such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the court, submit written arguments after the evidence is closed in the case. STATE AMENDMENT WEST BENGAL For section 301 (1), the following shall be substituted. "(1) (a) The Public Prosecutor in charge of a case may appear and plead without any written authority before any court in which that case is under inquiry, trial or appeal. (b) The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any court in which that case is under inquiry or trial." ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... below the rank of Inspector; but no person, other than the Advocate General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2) Any person conducting the prosecution may do so personally or by a pleader. 303. Right of person against whom proceedings are instituted to be defended. Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Code, may of right be defended by a pleader of his choice. 304. Legal aid to accused at State expense in certain cases. (1) Where, in a trial before the Court of Session, the accused is not represented by a pleader, and where it appears to the court that the accused has not sufficient means to engage a pleader, the court shall assign a pleader for his defence at the expense of the State. (2) The High Court may, with the previous approval of the State Government make rule providing for- (a) The mode of selecting pleaders for defence under sub-section (2); (b) The facilities to be allowed to such pleaders by the courts; (c) The fee payable to such pleaders by the Government, and generally, for carrying out the purposes of sub-section (1). (3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other courts in the State as they apply in relation to trials before the Courts of Session. 305. Procedure when corporation or registered society is an accused. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (a) The mode of selecting pleaders for defence under sub-section (2); (b) The facilities to be allowed to such pleaders by the courts; (c) The fee payable to such pleaders by the Government, and generally, for carrying out the purposes of sub-section (1). (3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other courts in the State as they apply in relation to trials before the Courts of Session. 305. Procedure when corporation or registered society is an accused. (1) In this section, "corporation" means incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). (2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose the inquiry or trial and such appointment need not be under the seal of the corporation. (3) Where a representative of a corporation appears, any requirement of this Code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. (4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply. (5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person (by whatever name called) having. or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the court shall, unless the contrary is proved, presume that such person has ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... accused or shall be read or stated or explained to the accused, shall be construed as a requirement that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. (4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply. (5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person (by whatever name called) having. or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the court shall, unless the contrary is proved, presume that such person has been so appointed. (6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a court is or is not such, representative, the question shall be determined by the court. 306. Tender of pardon to accomplice. (1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate or a Metropolitan Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any, stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. (2) This section applies to- (a) Any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952). ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Act, 1952 (46 of 1952). (b) Any offence punishable with imprisonment, which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub-section (1) shall record- (a) His reasons for so doing; (b) Whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub-section (1)- (a) Shall be examined as a witness in the court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) Shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub- section (1) and has, been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case. (a) Commit it for trial- (i) To the Court of Session if the offence is triable exclusively by that court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; (ii) To a court of Special Judge appointed under the Criminal Law Amendment Act 1952 (46 of 1952), if the offence is triable exclusively by that court; (b) In any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Magistrate taking cognizance of the offence shall, without making any further inquiry in the case. (a) Commit it for trial- (i) To the Court of Session if the offence is triable exclusively by that court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; (ii) To a court of Special Judge appointed under the Criminal Law Amendment Act 1952 (46 of 1952), if the offence is triable exclusively by that court; (b) In any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. 307. Power to direct tender of pardon. At any time after commitment of a case but before Judgment is passed, the court to which the commitment is made may, with a view, to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person. 308. Trial of person not complying with conditions of pardon. (1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 195 or section 340 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) Where, in regard to a person who has accepted a tender of pardon made under section 306 or section 307, the Public Prosecutor certifies that in his opinion such person has, either the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 195 or section 340 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 164 or by a court under sub-section (4) of section 306 may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made, in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial the court shall- (a) If it is a Court of Session, before the charge is read out and explained to the accused; (b) If it is the court of a Magistrate before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall notwithstanding anything contained in this Code, pass judgment of acquittal. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (4) At such trial the court shall- (a) If it is a Court of Session, before the charge is read out and explained to the accused; (b) If it is the court of a Magistrate before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall notwithstanding anything contained in this Code, pass judgment of acquittal. 309. Power to postpone or adjourn proceedings. 2["(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section 376B, section 376C or section 376D of the Indian Penal Code, the inquiry or trial shall, as far as possible be completed within a period of two months from the date of filing of the charge sheet.".] (2) If the court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance no adjournment or postponement shall be granted, without examining them, except for, ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1[Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him.] Explanation-1.If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2.The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. 1. Ins. by Act 45 of 1978, Sec. 24 (w.e.f. 18-12-1978). 2. Inserted by Section 21 of "The Criminal Law (Amendment) Act, 2013" 310. Local inspections. (1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. 311. Power to summon material witness, or examine person present. Any court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. 313. Power to examine the accused. (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the court- (a) May at any stage, without previously warning the accused put such questions to him as the court considers necessary; (b) Shall after the witnesses for the prosecution have been examined and before he is called on for his defence question him generally on the case: Provided that in a summons-case where the court has dispensed with the personal, attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... against him, the court- (a) May at any stage, without previously warning the accused put such questions to him as the court considers necessary; (b) Shall after the witnesses for the prosecution have been examined and before he is called on for his defence question him generally on the case: Provided that in a summons-case where the court has dispensed with the personal, attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). (3) The accused shall not render him self-liable to punishment by refusing to answer such question, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he had committed. 314. Oral arguments and memorandum of arguments. (1) Any party to a proceeding may, as soon as may be after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. (2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. (3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (4) The court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... concludes the oral arguments, if any, submit a memorandum to the court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. (2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. (3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (4) The court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments. 315. Accused person to be competent witness. (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that- (a) He shall not be called as a witness except on his own request in writing; (b) His failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial. (2) Any person against whom proceeding are instituted in any Criminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings: Provided that in proceedings under section 108, section 109 or section 110, the failure of such person to give evidence shall not be made the subject or any comment by any of the parties or the court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... the same trial. (2) Any person against whom proceeding are instituted in any Criminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings: Provided that in proceedings under section 108, section 109 or section 110, the failure of such person to give evidence shall not be made the subject or any comment by any of the parties or the court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry. 316. No influence to be used to induce disclosure. Excepts at provided in section 306 and 307 no influence by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge. 317. Provision for inquiries and trial being held in the absence of accused in certain cases. (1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct and the personal attendance of such accused. (2) If the accused in any Such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn Such inquiry or trial, or order that the case of' such accused be taken up or tried separately. 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) At any stage of an inquiry or trial under this Code, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in court, the Judge or Magistrate may, if the accused is represented by a pleader, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct and the personal attendance of such accused. (2) If the accused in any Such case is not represented by a pleader, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn Such inquiry or trial, or order that the case of' such accused be taken up or tried separately. 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) ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 following may be compounded by the persons mentioned in the third column of that Table. Offence-Section of the Indian Penal Code Applicable-Person by whom offence may be compounded. 1-2-3 Uttering wards, etc., with deliberate intent to wound the religious feeling of any person-298-The person whose religious feelings are intended to be wounded Causing Hurt.-323, 334-The person to whom the hurt is caused. . Wrongfully restraining or confining any person.-341, 342-The person restrained or confined. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... omitted by Act 25 of 2005, sec. 28. 3. Subs. by Act 25 of 2005, sec. 28, for "Ditto". 4. Subs. by Act 25 of 2005, sec. 28, for "two hundred and fifty rupees". (3) When any offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (When such attempt is itself an offence) may be compounded in like manner. (4) (a) When the person who would otherwise be competent to compound an offence under this section is under the age of eighteen years or is an idiot or a lunatic, any person competent to contract on his behalf, may, with the permission of the Court compound such offence. (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil procedure, 1908 (5 of 1908) of such person may, with the consent of the court compound such offence. (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending no composition for the offence shall be allowed without the leave of the court to which he is committed, or as the case may be, before which the appeal is to be heard. (6) A High Court or Court of session acting in the exercise of its power of revision under section 401 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. (8) The Composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (9) No offence shall be compounded except as provided by this section. Cr PC (Amendment) Act, 2005 (Notes on Clauses) ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... And the Prosecutor in charge of the case has not been appointed by the Central Government he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution. STATE AMENDMENT UTTAR PRADESH: In section 321, after the words "in charge of a case may" the words "on the written permission of the State Government to that effect (which shall be filed in court)" shall be inserted. [Vide U.P. Act 18 of 1991, sec. 3 (w.e.f. 16-2-1991]. 322. Procedure in cases, which Magistrate cannot dispose of. (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption- (a) That he has no jurisdiction to try the case or commit it for trial, or (b) That the case is one which should be tried or committed for trial by some other Magistrate in the district, or (c) That the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature to the Chief Judicial Magistrate or to Such other Magistrate, having Jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (a) That he has no jurisdiction to try the case or commit it for trial, or (b) That the case is one which should be tried or committed for trial by some other Magistrate in the district, or (c) That the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature to the Chief Judicial Magistrate or to Such other Magistrate, having Jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the Court of Session, he shall Commit it to that court under the provisions hereinbefore contained 1[and thereupon the provision of' Chapter XVIII shall apply to the commitment so made]. 1. Ins. by Act 45 of 1978, Sec. 26 (w.e.f. 18-12-1978). 324. Trial of persons previously convicted of offences against coinage, stamp law or property. (1) Where a person, having been convicted of an offence punishable under, Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860) with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless, the Magistrate is competent to try the case and is of opinion that he can himself pass and adequate sentence if the accused is convicted. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... contained 1[and thereupon the provision of' Chapter XVIII shall apply to the commitment so made]. 1. Ins. by Act 45 of 1978, Sec. 26 (w.e.f. 18-12-1978). 324. Trial of persons previously convicted of offences against coinage, stamp law or property. (1) Where a person, having been convicted of an offence punishable under, Chapter XII or Chapter XVII of the Indian Penal Code (45 of 1860) with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless, the Magistrate is competent to try the case and is of opinion that he can himself pass and adequate sentence if the accused is convicted. (2) When any person is sent for trial to the Chief Judicial Magistrate or committed to file Court of Session under sub-section (I) any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharge such other person under section 239 or section 245, as the case may be. 325. Procedure when Magistrate cannot pass sentence sufficiently severe. (1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond under section 106, he may record the opinion and submit his proceeding, forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (I) in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... record the opinion and submit his proceeding, forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (I) in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence, and shall pass such judgment, sentence or order in the case as he thinks fit, and as is according to law. 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. (1) Whenever any 1[Judge or Magistrate] after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercises jurisdiction therein and us succeeded by another 1[Judge or Magistrate] who has and who exercises such jurisdiction, the 1[Judge of Magistrate] so succeeding may act on the evidence so recorded by his predecessor and partly recorded by himself. Provided that if the succeeding 1[Judge or Magistrate] is of opinion that further examination of any of the witness whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross- examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Code 2[from one Judge to another Judge or from one Magistrate to another Magistrate,] the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 322 or in which proceedings have been submitted to a superior Magistrate under section 325. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... In section 326, - (a) In subsection (1), for the words " Magistrate," wherever occurring the words "Judge or Magistrate shall be substituted. (b) In subsection (2), before the words "from one Magistrate to another Magistrate", the words "from one Judge to another Judge or shall be inserted. [Vide U.P. Act No. 16 of 1976, sec. 8 (w.e.f. 28-11-1976)] 327. Court to be open. 1(1) The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open court to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room building used by the court. 2[(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under section 376, section 376A, section 376B, section 376C 3["section 376D or section 376E of the Indian Penal Code"] (45 of 1860) shall be conducted in camera: Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the court. (3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings, except with the previous permission of the court.] 1. Section 327 renumbered as sub-section (1) thereof by Act 43 of 1983. sec. 4. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other officer as a witness and shall reduce the examination to writing. (2) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 330. (3) If such Magistrate is of opinion that the person referred to in sub-section (1) is of unsound mind and consequently incapable of making his defence, he shall record a finding to that effect and shall postpone further proceedings in the case. 329. Procedure in case of person of unsound mind tried before court. (1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or court shall, in the first instance, try the fact of such unsoundness and incapacity, and if the Magistrate or court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. (2) The trial of the fact of the unsoundness of mind and incapacity of the accused shall be deemed to be part of his trial before the Magistrate or court. 330. Release of lunatic pending investigation or trial. (1) Whenever a person is found, under section 328 or section 329, to be of unsound mind and incapable of making his defence, the Magistrate or court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or court or such officer as the Magistrate or court appoints in this behalf. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... be of unsound mind and incapable of making his defence, the Magistrate or court, as the case may be, whether the case is one in which bail may be taken or not, may release him on sufficient security being given that he shall be properly taken care of and shall be prevented from doing injury to himself or to any other person, and for his appearance when required before the Magistrate or court or such officer as the Magistrate or court appoints in this behalf. (2) If the case is one which, in the opinion of the Magistrate or court, bail should not be taken, or if sufficient security is not given, the Magistrate or court, as the case may be, shall order the accused to be detained in safe custody in such place and manner as he or it may think fit, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the State Government may have made under the Indian Lunacy Act, 1912 (4 of 1912). 331. Resumption of inquiry or trial. (1) Whenever an inquiry, or a trial is postponed under section 328 or section 329, the Magistrate or court as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry of trial, and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 330, and sureties for his appearance produce him to the officer whom the Magistrate or court appoints, in his behalf, the certificate of such officer that the accused is capable of making, his defence, the inquiry or trial shall be receivable in evidence. 332. Procedure on accused appearing before Magistrate or court.. (1) If when, the accused appears or is again brought before the Magistrate or court, as the case may be, the Magistrate or court considers him capable of making his defence the inquiry or trial shall proceed. (2) If the Magistrate or court considers the accused to be still incapable of making his defence, the Magistrate or court shall act ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... the accused is capable of making, his defence, the inquiry or trial shall be receivable in evidence. 332. Procedure on accused appearing before Magistrate or court.. (1) If when, the accused appears or is again brought before the Magistrate or court, as the case may be, the Magistrate or court considers him capable of making his defence the inquiry or trial shall proceed. (2) If the Magistrate or court considers the accused to be still incapable of making his defence, the Magistrate or court shall act according to the provisions or section 329, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 330. 333. When accused appears to have been of sound mind. When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence and that he was, at the time when the act was committed by reason of unsoundness of mind incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and if the accused ought to be tried by the court of session, commit him for trial before the Court of Session. 334. Judgment of acquittal on ground of unsoundness of mind. Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence he was, by reason if unsoundness, of mind, in capable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall State specifically whether he committed the act or not. 335. Person acquitted on such ground to be detained in safe custody. (1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or court before whom or which the trial has been held shall, if such act would, but for the incapacity found ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 339. Delivery of lunatic to care or relative or friend. (1) Whenever any relative friend of any person detained under the provisions of section 330 or section 335 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall- (a) Be properly taken care of and prevented from doing injury to himself or to any other person; (b) Be produced for the inspection of such officer, and at such times and places, as the State Government may direct. (c) In the case of a person detained under subsection (2) of section 330, be produced when required before such Magistrate or court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1) certifies at any time to the Magistrate or court that such person is capable of making his defence, such Magistrate or court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or court, and, upon such production the Magistrate of court shall proceed in accordance with the provisions of section 332, and certificate of the inspecting officer shall be receivable as evidence. 340. Procedure in cases mentioned in section 195. (1) When upon an application made to it in this behalf or otherwise any court is of opinion that it is expedient in the interest of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears to have been committed in or in relation to a proceeding in that court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary,- (a) Record a finding to that effect; ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 342. Power to order court. Any court dealing with an application made to it for filing a complaint under section 340 or an appeal under section 341, shall have power to make such order as to costs as may be just. 343. Procedure of Magistrate taking cognizance. (1) A Magistrate to whom a complaint is made under section 340 or section 341 shall, notwithstanding anything contained in Chapter XV proceed, as far as may be, to deal with the case as if it were instituted on a police report. (2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided. 344. Summary procedure for trial for giving false evidence. (1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or willfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both. (2) In every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... witness should be tried summarily for giving or fabricating, as the case may be false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to five hundred rupees, or with both. (2) In every such case the court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the court to make a complaint under section 340 for the offence, where it does not choose to proceed under this section. (4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the First class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. 345. Procedure in certain cases of contempt. (1) When any such offence as is described in section 175, section 178, section 179, section 1 80 or section 228 of the Indian Penal Code (45 of 1860) is committed in the view or presence of any Civil, Criminal or Revenue Court, the court may cause the offender to be detained in custody and may at any time before the rising of the court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding two hundred rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. (2) In every such case the court shall record the facts constituting the offence, with the statement (if any) made by the offender as well as the finding and sentence. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Magistrate, or if sufficient security is not given shall forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as for as may be, as if it were instituted on a police report. 347. When Registrar or Sub-Registrar to be deemed a civil Court. When the State Government so directs, any Registrar or any Sub- Registrar appointed under the 1[***] Registration Act, 1908 (16 of 1908), shall be deemed to be a Civil Court within the meaning of sections 345 and 346. 1. The word "Indian" omitted by Act 56 of 1974. Sec.3 and second Sch. (w.e.f. 20-12-1974 348. Discharge of offender on submission of apology. When any Court has under section 345 adjudged an offender to punishment, or has under section 346 forwarded him to a Magistrate for trial, for refusing, or omitting to do anything which he was lawfully required to do or for any international insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court or on apology being made to its satisfaction. 349. Imprisonment or Committal of person refusing to answer or produce document. If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such question as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment or by warrant under the hand of the presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... to produce the document or thing and in the event of his persisting in his refusal he may be dealt with according to the provisions of section 345 of section 346. 350. Summary procedure for punishment for non-attendance by a witness in obedience to summons. (1) If any witness being summoned to appear before a Criminal Court legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is law full for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interest of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding one hundred rupees. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. 351. Appeals from convictions under section 344, 345, 349 and 350. (1) Any person sentenced by any Court other than a High Court under section 344, section 345, section 349 or section 350 may, notwithstanding anything contained in this Code appeal to the Court to which decrees or orders made in such Court are ordinarily appeal able. (2) The provisions of Chapter XXIX shall, so for as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding or reduce or reverse the sentence appealed against. (3) An appeal from such conviction by a Court of small causes shall lie to the Court of session for the sessions division within which such Court is situate. (4) An appeal from such conviction by any Registrar of Sub- Registrar deemed to be a Civil Court by virtue of a direction issued under section 347 shall lie to the Court of session for the sessions division within which the office of such Registrar of Sub-Registrar is situate. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... such Court is situate. (4) An appeal from such conviction by any Registrar of Sub- Registrar deemed to be a Civil Court by virtue of a direction issued under section 347 shall lie to the Court of session for the sessions division within which the office of such Registrar of Sub-Registrar is situate. 352. Certain Judges and Magistrates not to try certain offences when committed before themselves. Except as provided in sections 344, 345, 349 and 350, no Judge of a Criminal Court (other than a judge of a High Court) or Magistrate shall try any person for any offence referred to in section 195, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding. 353. Judgment. (1). The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open court by the presiding officer immediately after the termination of the trial or at some subsequent time of which notice shall be given to the parties or their pleaders. (a) By delivering the whole of the judgment: or (b) By reading out the whole of the judgment: or (c) By reading out the operative part of the judgment and explaining the substance of the judgment in a language, which is understood by the accused or his pleader. (2) Where the judgment is delivered under clause (a) of sub-section (I), the presiding officer shall cause it to be taken down in short hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court. (3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open court and ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court. (3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open court and if it is not written with his own hand, every page of the judgment shall be signed by him. (4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), he whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their pleaders free of cost. (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced. (6) If the accused is not in custody, he shall be required by the court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that, where there are more accused than one, and one or more of them do not attend the court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his pleader on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their pleaders, or any of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 465. 354. Language and contents of judgment. (1) Except as otherwise expressly provided by this Code, every judgment referred to in section 353, - ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... appealable by the accused. (4) When the accused is sentenced to death by any court and an appeal lies from such judgment as of right, the court shall inform him of the period within which, if he wishes to appeal his appeal should be preferred. 364. Judgment when to be translated. The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the court and the accused so requires, a translation thereof into the language of the court shall be added to such record. 365. Court of Session to send copy of finding and sentence to District Magistrate. In cases tried by the Court of Session or a Chief Judicial Magistrate, the court or such Magistrate as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held. 366. Sentence of death to be submitted by Court of Session for confirmation. (1) When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. (2) The court passing the sentence shall commit the convicted person to jail custody under a warrant. 367. Power to direct further inquiry to be made or additional evidence to be taken. (1) If, when such proceedings are submitted, the High Court thinks that a further inquiry, should be made into or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence it self or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... convicted person, it may make such inquiry or take such evidence it self or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such court. 368. Power of High Court to confirm sentence or annul conviction. In any case submitted under section 366, the High Court- (a) May confirm the sentence, or pass any other sentence warranted by law, or (b) May annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or (c) May acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. 369. Confirmation or new sentence to be signed by two Judges. In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall when such court consists of two or more Judges, be made, passed and signed by at least two of them. 370. Procedure in case of difference of opinion. Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 392. 371. Procedure in cases submitted to High Court for confirmation. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. Any person, - (i) Who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or (ii) Who is aggrieved by any order refusing to accept or rejecting a surety under section 121, may appeal against such order to the Court of Session: Provided that nothing in this section, shall apply to persons the proceedings against whom re laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 122. 374. Appeals from convictions. (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than seven years 1[has been passed against him or against any other person convicted at the same trial]; may appeal to the High Court. (3) Save as otherwise provided in sub-section (2), any person, - (a) Convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class or of the second class, or (b) Sentenced under section 325, or (c) In respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate, may appeal to the Court of Session. 1. Subs. by Act 45 of 1978, Sec. 28, for "has been passed" (w.e.f. 18- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... under section 260 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, hot such sentence shall not be appealable merely on the round- (i) That the person convicted is ordered to furnish security to keep the peace; or (ii) That a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) That more than one sentence of fine is passed in the case, if the total amount of fine is imposed does not exceed the amount hereinbefore specified in respect of the case. 377. Appeal by the State Government against sentence. (1) Save as otherwise provided in sub-section (2), the State Government may in any case of conviction on a trial held by any Court other than a High Court, direct the Public prosecutor to present 2[an appeal to the High Court against the sentence on the ground of its inadequacy- (a) to the Court of session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court.] (2) If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946), or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, 1[the Central Government may also direct] the Public Prosecutor to present 2[an appeal to the High Court against the sentence on the ground of its inadequacy- (a) to the Court of session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court.] ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... will be authorised to direct the Public Prosecutor to file such appeals. In respect of all other cases filed on a police report, an appeal against an order of acquittal passed by any Court other than the High Court should lie only to the High Court and the authority to direct the Public Prosecutor to present an appeal shall continue to be with the State Government. COMMENTS (i) In an appeal against acquittal the appellate court has the undoubted power to review the entire evidence and to come to its own conclusion, but, in doing so, it should not only consider every matter on record having a bearing on the question of fact and the reasons given by the court below in support of its order of acquittal but also should express the reasons in its judgment which let it to hold that the acquittal was not justified; State of Maharashtra v. Joseph Mingel Koli, (1997) 2 Crimes 228 (Bom). (ii) If two conclusions can be based upon the evidence on record the High Court should not disturb the finding of acquittal recorded by the trial court; State of Maharashtra v. Suresh Nivrutti Bhurare, (1997) 2 Crimes 257 (Bom). ------- 1. Ins. by Act 45 of 1978, Sec. 30 (w.e.f.18-12-1978). 2. Subs. by Act 25 of 2005, sec. 32, for sub-section "(1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision". 3. Subs. by Act 25 of 2005, sec. 32, for "the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court form the order of acquittal". 4. Subs. by Act 25 of 2005, sec. 32, for "No appeal". 379. Appeal against conviction by High Court in certain cases. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... other than a High Court or an order of acquittal passed by the Court of Session in revision". 3. Subs. by Act 25 of 2005, sec. 32, for "the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court form the order of acquittal". 4. Subs. by Act 25 of 2005, sec. 32, for "No appeal". 379. Appeal against conviction by High Court in certain cases. Where the High Court has, on appeal reversed an order of acquittal of an accused person, convicted him, and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. 380. Special right of appeal in certain cases. Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment of order has been passed in respect of any of such person, all or any of the persons convicted at such trial shall have a right of appeal. 381. Appeal to Court of Session how heard. (1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second-class nay be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate. (2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear. 382. Petition of appeal. Every appeal shall be made in the form of a petition in writing, presented by the appellant of his pleader, and every such petition ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that if the appeal is only as to the extent or the legality of the sentence, the court may dispose of the appeal without sending for the record. (3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not except with the leave of the court urge or be heard in support of any other, ground. 386. Powers of the Appellate Court. After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor, if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may- (a) In an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) In an appeal from a conviction- (i) Reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a court of competent jurisdiction subordinate to such appellate Court or committed for trial, or (ii) Alter the finding, maintaining the sentence, or (iii) With or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) In an appeal for enhancement of sentence- (i) Reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a court competent to try the offence,- or (ii) Alter the finding maintaining the sentence, or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 397. Calling for records to exercise powers of revision. (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself' or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior court, and may, when calling for such record, direct that the execution of' any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. Explanation. All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 398. (2) The powers of revision conferred by sub-section (I) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the of the of them. 398. Power to order inquiry. In examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 of sub-section (4) of section 204 or into the case of any person accused of an offence who has been discharged: Provided that no court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way if revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. 402. Power of High Court to withdraw or transfer revision cases. (1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the question involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the application for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge. (2) Whenever any application for revision is transferred to the High Court, that court shall deal with the same as if it were an application duly made before itself. (3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself. (4) Where an application for revision is transferred by the High Court ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself. (4) Where an application for revision is transferred by the High Court or to the Sessions Judge, no further application for revision shall lie to the High Court or to the any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge. 403. Option of court to hear parties. Save as otherwise expressly provided by this Code no party has any right to be heard either personally or by pleader before any court exercising its powers of revision; but the court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader. 404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court. When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue; and the court shall consider such statement before overruling or setting aside the said decision or order. 405. High Court's order to be certified to lower court. When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certify its decision or order to the court by which the finding, sentence or order revised was recorded or passed, and the court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith. 406. Power of Supreme Court to transfer cases and appeals. (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from High Court to another High Court or from a Criminal Court subordinate to one High ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney General of India or of a partly interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case. 407. Power of High Court to transfer cases and appeals. (1) Whenever it is made to appear to the High Court- (a) That a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or (b) That some question of law of unusual difficulty is likely to arise; or (c) That an order under this section is required by any provision of this Code, or will tend be the general convenience of the parties or witnesses, or is expedient for the ends of, justice, it may order- (i) That any offence be inquired into or tried by any court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence; (ii) That any particular case, or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) That any particular case be committed for trial of to a Court of Session; or ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... of the application. (6) Where the application is for the transfer of a case of appeal from any subordinate court, the High Court may, if it is satisfied that it is necessary so to do in the interests of justice, order that, pending the disposal of the application, the proceedings in the subordinate court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate court's power of remand under section 309. (7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the such sum not exceeding one thousand rupees as it may consider proper in the circumstances of the case. (8) When the High Court orders under sub-section (1) that a case be transferred from any court for trial before itself, it shall observe in such trial the same procedure which that court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of Government under section 197. 408. Power of Sessions Judge to transfer cases and appeals. (1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his session's division. (2) The Sessions Judge may act either on the report of the lower court, or on the application of a party interested or on his own initiative. (3) The provisions of sub-sections (3), 4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under subsection (1) of section 407, except that sub-section (7) of that section shall so ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... to another Criminal Court in his session's division. (2) The Sessions Judge may act either on the report of the lower court, or on the application of a party interested or on his own initiative. (3) The provisions of sub-sections (3), 4), (5), (6), (7) and (9) of section 407 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under subsection (1) of section 407, except that sub-section (7) of that section shall so apply as if for the words "one thousand" rupees occurring therein, the words "two hundred and fifty rupees" were substituted. 409. Withdrawal of cases and appeals by Sessions Judges. (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to, any Assistant Sessions Judge or Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, as Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls a case or appeal under sub-section (1) or sub-section (2) he may either try the case in his own court or hear the appeal himself, or make it over in accordance with the provisions of this Code to another court for trial or hearing, as the case may be. 410. Withdrawal of cases by Judicial Magistrates. (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. (2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 192 to any other Magistrate and may require into or try such cases himself. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... the expiration of the imprisonment to which he has been previously sentenced, unless the court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order under section 122 in default of furnishing security sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment. Where an accused person has, on conviction, been sentenced to imprisonment, for a term 1[not being imprisonment in default of payment of fine,] the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him. 2[Provided that in cases referred to in section 433A, such period of detention shall be set off against the period of fourteen years referred to in that section.] Cr PC (Amendment) Act, 2005 (Notes on Clauses) As the provision of section 433A adversely affects the reformation of lifer, whose case inspite of good conduct in jail cannot be referred to the Advisory Board for recommending his premature release to the State Government, unless he has completed 14 years of actual imprisonment. Section 428 has been amended to provide that the period for which the life convict remained in detention during investigation, inquiry or trial shall be set off against the period of 14 years of actual imprisonment prescribed in section 433A. COMMENTS ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that section 421 shall, in its application to an order under section 359, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 421, after the words and figures "under section 357", the words and figures "or an order for payment of costs under section 359" had been inserted. 432. Power to suspend or remit sentences. (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, - ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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. ------- 1. Ins. by Act 63 of 1980. Sec. 4 (w.e.f. 23-9-1980). 2. Subs. by Act 25 of 2005, sec. 35, for "may instead of taking bail". 3. Ins. by Act 25 of 2005, sec. 35. 436 A. Maximum period for which an undertrial prisoner can be detained. 1[Maximum period for which an undertrial prisoner can be detained. Where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties: Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties: Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.- In computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded.] Cr PC (Amendment) Act, 2005 (Notes on Clauses) ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties: Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties: Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation.- In computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded.] Cr PC (Amendment) Act, 2005 (Notes on Clauses) 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- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that the shall comply with such directions as may be given by the court:] 3[Provided also that no person shall, if the offence allege to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor.] (2) If it appears to such officer or court at any stage of the investigation, inquiry or trial as the case may be, that there are not reasonable grounds for believing that the accused has committed a non- bailable offence, but that there are sufficient grounds for further inquiry into his guilt, 4[the accused shall, subject to the provisions of section 446A and pending such inquiry, be released on bail], or, at the discretion of such officer or court on the execution by him of a bond without sureties for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chatter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub- section (1) 5[the Court shall impose the conditions,- (a) that such person shall attend in accordance with the conditions of 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 ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (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 shall not be released except in the circumstances specified in the provision. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... allege to have been committed by the accused is punishable with death, imprisonment for life or imprisonment for not less than 7 years. Under sub-section (3) the Court has got the discretion to impose certain conditions for the grant of bail. Under section 441 (2), where any condition is imposed for the release of a person on bail, the bond shall contain that condition also. In order to make the provision stringent and to see that the person on bail does not interfere or intimidate witness, sub-section (3) has been amended to specify certain conditions, which are mandatory. COMMENTS (i) In non-bailable cases in which the person is not guilty of an offence punishable with death or imprisonment for life, the court will exercise its discretion in favour of granting bail subject to sub- section (3) of section 437 if it deems necessary to act under it; Anil Sharma v. State of Himachal Pradesh, (1997) 3 Crimes 135 (HP). (ii) Unless exceptional circumstances are brought to the notice of the court which may defeat the proper investigation and fair trial, the court will not decline bail to a person who is not accused of an offence punishable with death or imprisonment for life; Anil Sharma v. State of Himachal Pradesh, (1997) 3 Crimes 135 (HP). (iii) It has been held that since the jurisdiction is discretionary, it is required to be exercised with great care and caution by balancing valuable right of liberty of an individual and the interest of the society in general; Mansab Ali v. Irsan, AIR 2003 SC 707. ------- 1. Subs. by Act 63 of 1980. Sec. 5, for sub-section (1) (w.e.f. 23-9- 1980). 2. Subs. by Act 25 of 2005, sec. 37, for "a non-bailable and cognizable offence". 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) . ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... When the person required by any court, or officer to execute a bond is a minor, such court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. 449. Appeal from orders under section 446. All orders passed under section 446 shall be appealable, - (i) In the case of an order made by a Magistrate, to the Sessions Judge; (ii) In the case of an order made by a Court of Sessions, to the court to which an appeal lies from an order made by such court. 450. Power to direct levy of amount due on certain recognizances. The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session. 451. Order for custody and disposal of property pending trial in certain cases. When any property is produced before any Criminal Court during an inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay , or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of . Explanation.For the purposes of this section, "property" includes- (a) Property of any kind or document which is produced before the court or which is in its custody. (b) Any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. 452. Order for disposal of property at conclusion of trial. (1) When an inquiry or trial in any Criminal Court is concluded, the ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Provided that no such order shall be made by the court more than one month after the date of the conviction. (2) Where the court trying the offence has not made an order under sub-section (1), the court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be. (3) Where an order has been made under sub-section (1), the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453. (4) No order made under this section shall prejudice any right or interest to or in such immovable property, which any person may be able to establish in a civil suit. 457. Procedure by police upon seizure of property. (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. 458. Procedure when no claimant appears within six months. (1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... (k) Takes cognizance of an offence under clause(c) of sub-section (1) of section 190; (l) Tries an offender; (m) Tries an offender summarily; (n) Passes a sentence, under section 325, on proceedings recorded by another Magistrate; (o) Decides an appeal; (p) Calls, under section 397, for proceedings; or (q) Revises an order passed under section 446,his proceedings shall be void. 462. Proceedings in wrong place. No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. 463. Non-compliance with provisions of section 164 or section 281. (1) If any court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence Act, 1872 (1 of 1872), take evidence in regard to such non- compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to courts of appeal, reference and revision. 464. Effect of omission to frame, or absence of, or error in, charge. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to courts of appeal, reference and revision. 464. Effect of omission to frame, or absence of, or error in, charge. (1) No finding sentence or order by a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charge, unless, in the opinion of the court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. (2) If the court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it may- (a) In the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge. (b) In the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. 465. Finding or sentence when reversible by reason of error, omission or irregularity. (1) Subject to the provisions hereinbefore contained, on finding sentence or order passed by a court of competent jurisdiction shall be reversed or altered by a court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution unless in the opinion of that court, a failure of justice has in fact been occasioned thereby. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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 expiry of the period of limitations, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. 474. Trials before High Court. When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe, if it were trying the case. 475. Delivery to commanding officers of persons liable to be tried by Court-martial. (1) The Central Government may make rules consistent with this Code and the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and the Air Force Act, 1950 (45 of 1950), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, navel or air force law, or such other law, shall be tried by a court to which this Code applies or by a Court-martial, and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a court to which this Code applies or by a Court- martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... or air-force station, as the case may be, for purpose of being tried by a Court-martial. Explanation. In this section- (a) "Unit" includes a regiment, corps, ship, detachment, group, battalion or company. (b) "Court-martial" includes any tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union. (2) Every Magistrate shall, on receiving a written application for that purposes by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavors to apprehend and secure any person accused of such offence. (3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial. 476. Forms. Subject to the power conferred by Article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient. 477. Power of High Court to make rules. (1) Every High Court may, with the previous approval of the State Government, make rules- (a) As to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it: (b) Regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them. (c) Providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 1. Subs. by Act 63 of 1980, Sec. 8, for section 478 (w.e.f. 23-9- 1980). STATE AMENDMENT Maharashtra In section 478 for the words "to an Executive Magistrate shall be construed "the words" to an Executive Magistrate in the areas of the State outside Greater Bombay shall be construed" shall be substituted. [Vide Maharashtra Act 1 of 1978 (w.e.f 15-4-1978)]. [Ed. Tis amendment has been made prior to the enactment of the Code of Criminal Procedure (Amendment) Act,1980 (Central Act 63 of 1980, sec. 8 (w.e.f. 23-9- 1980)]. 479. Cases in which Judge or Magistrate is personally interested. No Judge or Magistrate shall, except with the permission of the court to which an appeal lies from his court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. Explanation. A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case. 480. Practising pleader not to sit as Magistrate in certain courts. No pleader who practises in the court of any Magistrate shall sit as a Magistrate in that court or in any court within the local jurisdiction of that court. STATE AMENDMENT Karnataka ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order this Code, or to prevent abuse of the process of any court or otherwise to secure the ends of justice. 483. Duty of High Court to exercise continuous superintendence over courts of Judicial Magistrates. Every High Court shall so exercise its superintendence over the courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates. 484. Repeal and savings. (1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed. (2) Notwithstanding such repeal, - (a) If, immediately before the date on which this Code comes into force, there is any appeal, application, trial inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the Old Code), as if this Code had not come into force: Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code; (b) All notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively to have been published, issued, conferred, prescribed defined, passed or made under the corresponding provisions of this Code; (c) Any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... to every prosecution against a Ruler within the meaning of Article 363 of the Constitution. (3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is prescribed by this Code or provisions are made in this Code for the extension of time. STATE AMENDMENT Uttar Pradesh In section 484, in sub-section (2), in clause (a) after the proviso, the following further proviso shall be inserted, namely. "Provided further that the provisions of' section 326 of' this code its amended by the Code of' Criminal Procedure (Uttar Pradesh Amendment) Act, 1976 shall apply also to every trial pending in a Court of Session at the commencement of' this Code and also pending at the commencement of the Code of Criminal Procedure (Uttar Pradesh Amendment) Act, 1983". [ Vide U.P. Act 1 of' 1984, sec. 11 (w.e.f'. 1-5-1984)]. In section 484, in sub-section (2), after clause (d) the following clause shall be inserted and be deemed always to have been inserted, namely.:- "(e) The provisions of the United Provinces Borstal Act, 1938 (U.P. Act VIII of 1938) the United Provinces First Offenders Probation Act, 1938 (U.P. Act VI of 1938), and the Uttar Pradesh Children Act. 1951 (U.P. Act I of 1951) shall continue in force in the State of' Uttar Pradesh until altered or repealed or amended by the competent Legislature or other competent authority, and accordingly, the provisions of section 360 of this case shall not apply, to that State, 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)]. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... offence, or fine, or both.-Cognizable-Bailable-Magistrate of the first class 216A-Harbouring robbers or dacoits.-Rigorous imprisonment for 7 years and fine.-Cognizable-Bailable-Magistrate of the first class 217-Public servant disobeying a direction of law with intend to save person from punishment, or property from forfeiture.-Imprisonment for 2 years, of fine, or both.-Non-cognizable-Bailable-Any Magistrate 218-Public servant framing an incorrect record or writing with intend to save person from punishment or property from forfeiture.- Imprisonment for 3 years or fine, or both.-Cognizable-Bailable- Magistrate of the first class 219-Public servant in a judicial proceeding corruptly making and pronouncing an order, report, verdict, or decision which he knows to be contrary to law.-Imprisonment for 7 years, or fine or both.-Non- cognizable-Bailable-Magistrate of the first class 220-Commitment for trial or confinement by a person having authority, who knows that he is acting country to law.-Imprisonment for 7 years, or fine or both.-Non- cognizable-Bailable-Magistrate of the first class. 221-International omission to apprehend on the part of a public servant by law to apprehend of offender if the offence be capital.- Imprisonment for 7 years, with or without fine.-According as the offence in relation to which commission has made is cognizable or non- Cognizable.-Bailable-Magistrate of the first class. -If punishable with Imprisonment for life or imprisonment for 10 years.-Imprisonment for 3 years with or without fine.-Cognizable- Bailable-Magistrate of the first class. -If punishable with imprisonment for less than 10 years.-Imprisonment for 2 years, with or without fine.-Cognizable-Bailable-Magistrate of the first class. 222-International omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a court of justice if under sentence of death.-Imprisonment for life, or imprisonment for 14 years, with or without fine.-Cognizable-Non- ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... WHEREAS your attendance is necessary to answer a charge of a petty offence ......... (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before ......... (Magistrate) of ......... on the ......... day of ......... 20 ........., or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of ......... rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorize such pleader. Herein fail not. Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) (Note.-The amount of fine specified in this summons shall not exceed one hundred rupees.) Form 31. Notice of commitment by Magistrate to Public Prosecutor See section 209 The Magistrate of ......... hereby gives notice that he has committed one ......... for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that, ......... etc. (state the offence as in the charge). Dated, this ......... day of ........., 20 ......... (Seal of the Court) (Signature) Form 32. Charges See section 211 and 213 Form 32. Charges-I - Charges with One Head (1)(a) I, ......... (name and office of Magistrate, etc.), hereby charge you ......... (name of accused person) as follows - (b) On section 121 - That you, on or about the ......... day of ........., at ......... waged war against the Government of India and thereby committed an offence punishable under section 121 of the Indian Penal Code, and within the cognizance of this Court. (c ) And I hereby direct that you be tried by this Court on the said charge. ........................................................ SEARCH RUBRICS :TRIAL ..................... SELECTED LEGISLATION :THE CODE OF CRIMINAL PROCEDURE 1973 .....................:................................... 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) (Signature) Form 46. Warrant to discharge a person imprisoned on failure to give security ........................................................