Vidhik Vani: THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

NO. 46 OF 2023

[25th December, 2023.]

An Act to consolidate and amend the law relating to Criminal Procedure.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

follows:—

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.

(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and

XII thereof, shall not apply—

(a) to the State of Nagaland;

(b) to the tribal areas,

but the concerned State Government may, by notification, apply such provisions or any of

them to the whole or part of the State of Nagaland or such tribal areas, as the case may be,

with such supplemental, incidental or consequential modifications, as may be specified in

the notification.

Explanation.—In this section, "tribal areas" means the territories which immediately

before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred

to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the

local limits of the municipality of Shillong.

(3) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. (1) In this Sanhita, unless the context otherwise requires,—

(a) "audio-video electronic means" shall include use of any communication device

for the purposes of video conferencing, recording of processes of identification, search

and seizure or evidence, transmission of electronic communication and for such other

purposes and by such other means as the State Government may, by rules provide;

(b) "bail" means release of a person accused of or suspected of commission of

an offence from the custody of law upon certain conditions imposed by an officer or

Court on execution by such person of a bond or a bail bond;

Schedule, or which is made bailable by any other law for the time being in force; and

"non-bailable offence" means any other offence;

(d) "bail bond" means an undertaking for release with surety;

(e) "bond" means a personal bond or an undertaking for release without surety;

(f) "charge" includes any head of charge when the charge contains more heads

than one;

(g) "cognizable offence" means an offence for which, and "cognizable case"

means a case in which, a police officer may, in accordance with the First Schedule or

under any other law for the time being in force, arrest without warrant;

(h) "complaint" means any allegation made orally or in writing to a Magistrate,

with a view to his taking action under this Sanhita, that some person, whether known

or unknown, has committed an offence, but does not include a police report.

Explanation.—A report made by a police officer in a case which discloses,

after investigation, the commission of a non-cognizable offence shall be deemed to be

a complaint; and the police officer by whom such report is made shall be deemed to be

the complainant;

(i) "electronic communication" means the communication of any written, verbal,

pictorial information or video content transmitted or transferred (whether from one

person to another or from one device to another or from a person to a device or from

a device to a person) by means of an electronic device including a telephone, mobile

phone, or other wireless telecommunication device, or a computer, or audio-video

player or camera or any other electronic device or electronic form as may be specified

by notification, by the Central Government;

(j) "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;

(k) "inquiry" means every inquiry, other than a trial, conducted under this

Sanhita by a Magistrate or Court;

(l) "investigation" includes all the proceedings under this Sanhita for the

collection of evidence conducted by a police officer or by any person (other than a

Magistrate) who is authorised by a Magistrate in this behalf.

Explanation.—Where any of the provisions of a special Act are inconsistent

with the provisions of this Sanhita, the provisions of the special Act shall prevail;

(m) "judicial proceeding" includes any proceeding in the course of which

evidence is or may be legally taken on oath;

(n) "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 Sanhita 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;

(o) "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;

(p) "notification" means a notification published in the Official Gazette;

(q) "offence" means any act or omission made punishable by any law for the

time being in force and includes any act in respect of which a complaint may be made

under section 20 of the Cattle Trespass Act, 1871;

(r) "officer in charge of a police station" includes, when the officer in charge of

the police station is absent from the station-house or unable from illness or other

cause to perform his duties, the police officer present at the station-house who is next

in rank to such officer and is above the rank of constable or, when the State Government

so directs, any other police officer so present;

(s) "place" includes a house, building, tent, vehicle and vessel;

(t) "police report" means a report forwarded by a police officer to a Magistrate

under sub-section (3) of section 193;

(u) "police station" means any post or place declared generally or specially by

the State Government, to be a police station, and includes any local area specified by

the State Government in this behalf;

(v) "Public Prosecutor" means any person appointed under section 18, and

includes any person acting under the directions of a Public Prosecutor;

(w) "sub-division" means a sub-division of a district;

(x) "summons-case" means a case relating to an offence, and not being a

warrant-case;

(y) "victim" means a person who has suffered any loss or injury caused by

reason of the act or omission of the accused person and includes the guardian or

legal heir of such victim;

(z) "warrant-case" means a case relating to an offence punishable with death,

imprisonment for life or imprisonment for a term exceeding two years.

(2) Words and expressions used herein and not defined but defined in the Information

Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings

respectively assigned to them in that Act and Sanhita.

3. (1) Unless the context otherwise requires, any reference in any law, to a Magistrate

without any qualifying words, Magistrate of the first class or a Magistrate of the second

class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the

first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction

in such area.

(2) Where, under any law, other than this Sanhita, 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 Sanhita, be

exercisable by a Judicial Magistrate; or

(b) which are administrative or executive in nature, such as, the granting of a

licence, the suspension or cancellation of a licence, sanctioning a prosecution or

withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be

exercisable by an Executive Magistrate.

4. (1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated,

inquired into, tried, and otherwise dealt with according to the provisions hereinafter

contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and

otherwise dealt with according to the same provisions, but subject to any enactment for the

time being in force regulating the manner or place of investigating, inquiring into, trying or

otherwise dealing with such offences.

5. Nothing contained in this Sanhita 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.

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

6. Besides the High Courts and the Courts constituted under any law, other than this

Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

7. (1) Every State shall be a sessions division or shall consist of sessions divisions;

and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist

of districts.

(2) The State Government may, after consultation with the High Court, alter the limits

or the number of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any

district into sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the

commencement of this Sanhita, shall be deemed to have been formed under this section.

8. (1) The State Government shall establish a Court of Session for every sessions

division.

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the

High Court.

(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction

in a Court of Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court

to be also an Additional Sessions Judge of another division, and in such case, he may sit for

the disposal of cases at such place or places in the other division as the High Court may

direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make

arrangements for the disposal of any urgent application which is, or may be, made or

pending before such Court of Session by an Additional Sessions Judge or if there be no

Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and

every such Judge or Magistrate shall have jurisdiction to deal with any such application.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the

High Court may, by notification, specify; but, if, in any particular case, the Court of Session

is of opinion that it will tend to the general convenience of the parties and witnesses to hold

its sittings at any other place in the sessions division, it may, with the consent of the

prosecution and the accused, sit at that place for the disposal of the case or the examination

of any witness or witnesses therein.

(7) The Sessions Judge may, from time to time, make orders consistent with this

Sanhita, as to the distribution of business among such Additional Sessions Judges.

(8) 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 Sessions Judge

or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such

Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Explanation.—For the purposes of this Sanhita, "appointment" does not include the

first appointment, posting or promotion of a person by the Government to any Service, or

post in connection with the affairs of the Union or of a State, where under any law, such

appointment, posting or promotion is required to be made by the Government.

9. (1) In every district 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:

Provided that the State Government may, after consultation with the High Court,

establish, for any local area, one or more Special Courts of Judicial Magistrates of the first

class or of the second class to try any particular case or particular class of cases, and where

any such Special Court is established, no other Court of Magistrate in the local area shall

have jurisdiction to try any case or class of cases for the trial of which such Special Court

of Judicial Magistrate has been established.

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer

the powers of a Judicial Magistrate of the first class or of the second class on any member

of the Judicial Service of the State, functioning as a Judge in a Civil Court.

10. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first

class to be the Chief Judicial Magistrate.

(2) The High Court may appoint any Judicial Magistrate of the first class to be an

Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the

powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time

being in force as the High Court may direct.

(3) The High Court may designate any Judicial Magistrate of the first class in any

sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities

specified in this section as occasion requires.

(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional

Judicial Magistrate shall also have and exercise, such powers of supervision and control

over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates)

in the sub-division as the High Court may, by general or special order, specify in this behalf.

11. (1) The High Court may, if requested by the Central or State Government so to do,

confer upon any person who holds or has held any post under the Government, all or any

of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of

the first class or of the second class, in respect to particular cases or to particular classes of

cases, in any local area:

Provided that no such power shall be conferred on a person unless he possesses

such qualification or experience in relation to legal affairs as the High Court may, by rules,

specify.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed

for such term, not exceeding one year at a time, as the High Court may, by general or special

order, direct.

12. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may,

from time to time, define the local limits of the areas within which the Magistrates appointed

under section 9 or under section 11 may exercise all or any of the powers with which they

may respectively be invested under this Sanhita:

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place

within the local area for which it is established.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of

every such Magistrate shall extend throughout the district.

(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11

extends to an area beyond the district in which he ordinarily holds Court, any reference in

this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such

Magistrate, throughout the area within his local jurisdiction, be construed, unless the

context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate,

as the case may be, exercising jurisdiction in relation to the said district.

13. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge;

and every other Judicial Magistrate shall, subject to the general control of the Sessions

Judge, be subordinate to the Chief Judicial Magistrate.

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special

orders, consistent with this Sanhita, as to the distribution of business among the Judicial

Magistrates subordinate to him.

14. (1) In every district, the State Government may appoint as many persons as it

thinks fit to be Executive Magistrates and shall appoint one of them to be the District

Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional

District Magistrate, and such Magistrate shall have such of the powers of a District

Magistrate under this Sanhita or under any other law for the time being in force as may be

directed by the State Government.

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant,

any officer succeeds temporarily to the executive administration of the district, such officer

shall, pending the orders of the State Government, exercise all the powers and perform all

the duties respectively conferred and imposed by this Sanhita on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of a

sub-division and may relieve him of the charge as occasion requires; and the Magistrate so

placed in charge of a sub-division shall be called the Sub-divisional Magistrate.

(5) The State Government may, by general or special order and subject to such control

and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the

District Magistrate

(6) Nothing in this section shall preclude the State Government from conferring,

under any law for the time being in force, on a Commissioner of Police all or any of the

powers of an Executive Magistrate.

15. The State Government may appoint, for such term as it may think fit, Executive

Magistrates or any police officer not below the rank of Superintendent of Police or equivalent,

to be known as Special Executive Magistrates, for particular areas or for the performance of

particular functions and confer on such Special Executive Magistrates such of the powers

as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.

16. (1) Subject to the control of the State Government, the District Magistrate may,

from time to time, define the local limits of the areas within which the Executive Magistrates

may exercise all or any of the powers with which they may be invested under this Sanhita.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of

every such Magistrate shall extend throughout the district.

17. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and

every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in

a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to the

general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders,

consistent with this Sanhita, as to the distribution or allocation of business among the

Executive Magistrates subordinate to him.

18. (1) For every High Court, the Central Government or the State Government shall,

after consultation with the High Court, appoint a Public Prosecutor and may also appoint

one or more Additional Public Prosecutors, for conducting in such Court, any prosecution,

appeal or other proceeding on behalf of the Central Government or the State Government,

as the case may be:

Provided that for National Capital Territory of Delhi, the Central Government shall,

after consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional

Public Prosecutors for the purposes of this sub-section.

(2) The Central Government may appoint one or more Public Prosecutors for the

purpose of conducting any case in any district or local area.

(3) For every district, the State Government shall appoint a Public Prosecutor and may

also appoint one or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for

one district may be appointed also to be a Public Prosecutor or an Additional Public

Prosecutor, as the case may be, for another district.

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a

panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors

or Additional Public Prosecutors for the district.

(5) No person shall be appointed by the State Government as the Public Prosecutor or

Additional Public Prosecutor for the district unless his name appears in the panel of names

prepared by the District Magistrate under sub-section (4).

(6) Notwithstanding anything in sub-section (5), where in a State there exists a

regular Cadre of Prosecuting Officers, the State Government shall appoint a Public

Prosecutor or an Additional Public Prosecutor only from among the persons constituting

such Cadre:

Provided that where, in the opinion of the State Government, no suitable person is

available in such Cadre for such appointment, that Government may appoint a person as

Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of

names prepared by the District Magistrate under sub-section (4).

Explanation.—For the purposes of this sub-section,—

(a) "regular Cadre of Prosecuting Officers" means a Cadre of Prosecuting Officers

which includes therein the post of Public Prosecutor, by whatever name called, and

which provides for promotion of Assistant Public Prosecutors, by whatever name

called, to that post;

(b) "Prosecuting Officer" means a person, by whatever name called, appointed

to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional

Public Prosecutor or Assistant Public Prosecutor under this Sanhita.

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional

Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6),

only if he has been in practice as an advocate for not less than seven years.

(8) The Central Government or the State Government may appoint, for the purposes

of any case or class of cases, a person who has been in practice as an advocate for not less

than ten years as a Special Public Prosecutor:

Provided that the Court may permit the victim to engage an advocate of his choice to

assist the prosecution under this sub-section.

(9) For the purposes of sub-section (7) and sub-section (8), the period during which

a person has been in practice as an advocate, or has rendered (whether before or after the

commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public

Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name

called, shall be deemed to be the period during which such person has been in practice as

an advocate.

19. (1) The State Government shall appoint in every district one or more Assistant

Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

(2) The Central Government may appoint one or more Assistant Public Prosecutors

for the purpose of conducting any case or class of cases in the Courts of Magistrates.

(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no

Assistant Public Prosecutor is available for the purposes of any particular case, the District

Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of

that case after giving notice of fourteen days to the State Government:

Provided that no police officer shall be eligible to be appointed as an Assistant Public

Prosecutor, if he—

(a) has taken any part in the investigation into the offence with respect to

which the accused is being prosecuted; or

(b) is below the rank of Inspector.

20. (1) The State Government may establish,—

(a) a Directorate of Prosecution in the State consisting of a Director of

Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and

(b) a District Directorate of Prosecution in every district consisting of as many

Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.

(2) A person shall be eligible to be appointed,—

(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has

been in practice as an advocate for not less than fifteen years or is or has been a

Sessions Judge;

(b) as an Assistant Director of Prosecution, if he has been in practice as an

advocate for not less than seven years or has been a Magistrate of the first class.

(3) The Directorate of Prosecution shall be headed by the Director of Prosecution,

who shall function under the administrative control of the Home Department in the State.

(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall

be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution

shall be subordinate to the Deputy Director of Prosecution.

(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor

appointed by the State Government under sub-section (1) or sub-section (8) of section 18

to conduct cases in the High Court shall be subordinate to the Director of Prosecution.

(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor

appointed by the State Government under sub-section (3) or sub-section (8) of section 18

to conduct cases in District Courts and every Assistant Public Prosecutor appointed under

sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or

the Assistant Director of Prosecution.

(7) The powers and functions of the Director of Prosecution shall be to monitor cases

in which offences are punishable for ten years or more, or with life imprisonment, or with

death; to expedite the proceedings and to give opinion on filing of appeals.

(8) The powers and functions of the Deputy Director of Prosecution shall be to

examine and scrutinise police report and monitor the cases in which offences are punishable

for seven years or more, but less than ten years, for ensuring their expeditious disposal.

(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in

which offences are punishable for less than seven years.

(10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director,

Deputy Director or Assistant Director of Prosecution shall have the power to deal with and

be responsible for all proceedings under this Sanhita.

(11) The other powers and functions of the Director of Prosecution, Deputy Directors

of Prosecution and Assistant Directors of Prosecution and the areas for which each of the

Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed

shall be such as the State Government may, by notification, specify.

(12) The provisions of this section shall not apply to the Advocate General for the

State while performing the functions of a Public Prosecutor.

CHAPTER III

POWER OF COURTS

21. Subject to the other provisions of this Sanhita,—

(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by—

(i) the High Court; or

(ii) the Court of Session; or

(iii) any other Court by which such offence is shown in the First Schedule

to be triable:

Provided that any offence under section 64, section 65, section 66, section 67,

section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023

shall be tried as far as practicable by a Court presided over by a woman;

(b) any offence under any other law shall, when any Court is mentioned in this

behalf in such law, be tried by such Court and when no Court is so mentioned, may be

tried by—

(i) the High Court; or

(ii) any other Court by which such offence is shown in the First Schedule

to be triable.

22. (1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised

by law; but any sentence of death passed by any such Judge shall be subject to confirmation

by the High Court.

23. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by

law except a sentence of death or of imprisonment for life or of imprisonment for a term

exceeding seven years.

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment

for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of

both, or of community service.

(3) The Court of Magistrate of the second class may pass a sentence of imprisonment

for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both,

or of community service.

Explanation.—"Community service" shall mean the work which the Court may order

a convict to perform as a form of punishment that benefits the community, for which he shall

not be entitled to any remuneration.

24. (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 23;

(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 23.

25. (1) When a person is convicted at one trial of two or more offences, the Court may,

subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him

for such offences, to the several punishments prescribed therefor which such Court is

competent to inflict and the Court shall, considering the gravity of offences, order such

punishments to run concurrently or consecutively.

(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 twenty years;

(b) the aggregate punishment shall not exceed twice the amount of punishment

which the Court is competent to inflict for a single offence.

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive

sentences passed against him under this section shall be deemed to be a single sentence.

26. (1) In conferring powers under this Sanhita, the High Court or the State Government,

as the case may be, may, by order, empower persons specially by name or in virtue of their

offices or classes of officials generally be their official titles.

(2) Every such order shall take effect from the date on which it is communicated to the

person so empowered.

27. Whenever any person holding an office in the service of Government who has

been invested by the High Court or the State Government with any powers under this

Sanhita throughout any local area is appointed to an equal or higher office of the same

nature, within a like local area under the same State Government, he shall, unless the High

Court or the State Government, as the case may be, otherwise directs, or has otherwise

directed, exercise the same powers in the local area in which he is so appointed.

28. (1) The High Court or the State Government, as the case may be, may withdraw all

or any of the powers conferred by it under this Sanhita on any person or by any officer

subordinate to it.

(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate

may be withdrawn by the respective Magistrate by whom such powers were conferred.

29. (1) Subject to the other provisions of this Sanhita, the powers and duties of a

Judge or Magistrate may be exercised or performed by his successor-in-office.

(2) When there is any doubt as to who is the successor-in-office, the Sessions Judge

shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or

of any proceedings or order thereunder, be deemed to be the successor-in-office.

(3) When there is any doubt as to who is the successor-in-office of any Magistrate,

the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine

by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any

proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

CHAPTER IV

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

30. Police officers superior in rank to an officer in charge of a police station may

exercise the same powers, throughout the local area to which they are appointed, as may be

exercised by such officer within the limits of his station.

31. Every person is bound to assist a Magistrate or police officer reasonably demanding

his aid—

(a) in the taking or preventing the escape of any other person whom such

Magistrate or police officer is authorised to arrest; or

(b) in the prevention or suppression of a breach of the peace; or

property.

32. When a warrant is directed to a person other than a police officer, any other

person may aid in the execution of such warrant, if the person to whom the warrant is

directed be near at hand and acting in the execution of the warrant.

33. (1) Every person, aware of the commission of, or of the intention of any other

person to commit, any offence punishable under any of the following sections of the

Bharatiya Nyaya Sanhita, 2023, namely:—

(i) sections 103 to 105 (both inclusive);

(ii) sections 111 to 113 (both inclusive);

(iii) sections 140 to 144 (both inclusive);

(iv) sections 147 to 154 (both inclusive) and section 158;

(v) sections 178 to 182 (both inclusive);

(vi) sections 189 and 191;

(vii) sections 274 to 280 (both inclusive);

(viii) section 307;

(ix) sections 309 to 312 (both inclusive);

(x) sub-section (5) of section 316;

(xi) sections 326 to 328 (both inclusive); and

(xii) sections 331 and 332,

shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie

upon the person so aware, forthwith give information to the nearest Magistrate or police

officer of such commission or intention.

(2) For the purposes of this section, the term "offence" includes any act committed at

any place out of India which would constitute an offence if committed in India.

34. (1) Every officer employed in connection with the affairs of a village and every

person residing in a village shall forthwith communicate to the nearest Magistrate or to the

officer in charge of the nearest police station, whichever is nearer, any information which he

may possess respecting—

(a) the permanent or temporary residence of any notorious receiver or vendor

of stolen property in or near such village;

(b) the resort to any place within, or the passage through, such village of any

person whom he knows, or reasonably suspects, to be a robber, escaped convict or

proclaimed offender;

non-bailable offence or any offence punishable under section 189 and section 191 of

the Bharatiya Nyaya Sanhita, 2023;

(d) the occurrence in or near such village of any sudden or unnatural death or

of any death under suspicious circumstances or the discovery in or near such village

of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion

that such a death has occurred or the disappearance from such village of any person

in circumstances which lead to a reasonable suspicion that a non-bailable offence has

been committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of India near

such village any act which, if committed in India, would be an offence punishable

under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely,

103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive),

clauses (f) and (g) of section 326, 331or 332;

(f) any matter likely to affect the maintenance of order or the prevention of crime

or the safety of person or property respecting which the District Magistrate, by

general or special order made with the previous sanction of the State Government,

has directed him to communicate information.

(2) In this section,—

(i) "village" includes village lands;

(ii) the expression "proclaimed offender" includes any person proclaimed as an

offender by any Court or authority in any territory in India to which this Sanhita does

not extend, in respect of any act which if committed in the territories to which this

Sanhita extends, would be an offence punishable under any of the offence punishable

with imprisonment for ten years or more or with imprisonment for life or with death

under the Bharatiya Nyaya Sanhita, 2023;

(iii) the words "officer employed in connection with the affairs of the village"

means a member of the panchayat of the village and includes the headman and every

officer or other person appointed to perform any function connected with the

administration of the village.

CHAPTER V

ARREST OF PERSONS

35. (1) Any police officer may without an order from a Magistrate and without a

warrant, arrest any person—

(a) who commits, in the presence of a police officer, a cognizable offence; or

(b) against whom a reasonable complaint has been made, or credible information

has been received, or a reasonable suspicion exists that he has committed a cognizable

offence punishable with imprisonment for a term which may be less than seven years

or which may extend to seven years whether with or without fine, if the following

conditions are satisfied, namely:—

(i) the police officer has reason to believe on the basis of such complaint,

information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or

promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to the police

officer; or

(e) as unless such person is arrested, his presence in the Court

whenever required cannot be ensured,

and the police officer shall record while making such arrest, his reasons in writing:

Provided that a police officer shall, in all cases where the arrest of a person is

not required under the provisions of this sub-section, record the reasons in writing

for not making the arrest; or

a cognizable offence punishable with imprisonment for a term which may extend to

more than seven years whether with or without fine or with death sentence and the

police officer has reason to believe on the basis of that information that such person

has committed the said offence; or

(d) who has been proclaimed as an offender either under this Sanhita or by

order of the State Government; or

(e) in whose possession anything is found which may reasonably be suspected

to be stolen property and who may reasonably be suspected of having committed an

offence with reference to such thing; or

(f) who obstructs a police officer while in the execution of his duty, or who has

escaped, or attempts to escape, from lawful custody; or

(g) who is reasonably suspected of being a deserter from any of the Armed

Forces of the Union; or

(h) who has been concerned in, or against whom a reasonable complaint has

been made, or credible information has been received, or a reasonable suspicion

exists, of his having been concerned in, any act committed at any place out of India

which, if committed in India, would have been punishable as an offence, and for

which he is, under any law relating to extradition, or otherwise, liable to be apprehended

or detained in custody in India; or

(i) who, being a released convict, commits a breach of any rule made under

sub-section (5) of section 394; or

(j) for whose arrest any requisition, whether written or oral, has been received

from another police officer, provided that the requisition specifies the person to be

arrested and the offence or other cause for which the arrest is to be made and it

appears therefrom that the person might lawfully be arrested without a warrant by the

officer who issued the requisition.

(2) Subject to the provisions of section 39, no person concerned in a non-cognizable

offence or against whom a complaint has been made or credible information has been

received or reasonable suspicion exists of his having so concerned, shall be arrested except

under a warrant or order of a Magistrate.

(3) The police officer shall, in all cases where the arrest of a person is not required

under sub-section (1) issue a notice directing the person against whom a reasonable

complaint has been made, or credible information has been received, or a reasonable suspicion

exists that he has committed a cognizable offence, to appear before him or at such other

place as may be specified in the notice.

(4) Where such a notice is issued to any person, it shall be the duty of that person to

comply with the terms of the notice.

(5) Where such person complies and continues to comply with the notice, he shall

not be arrested in respect of the offence referred to in the notice unless, for reasons to be

recorded, the police officer is of the opinion that he ought to be arrested.

(6) Where such person, at any time, fails to comply with the terms of the notice or is

unwilling to identify himself, the police officer may, subject to such orders as may have

been passed by a competent Court in this behalf, arrest him for the offence mentioned in the

notice.

(7) No arrest shall be made without prior permission of an officer not below the rank of

Deputy Superintendent of Police in case of an offence which is punishable for imprisonment

of less than three years and such person is infirm or is above sixty years of age.

36. Every police officer while making an arrest shall—

(a) bear an accurate, visible and clear identification of his name which will

facilitate easy identification;

(b) prepare a memorandum of arrest which shall be—

(i) attested by at least one witness, who is a member of the family of the

person arrested or a respectable member of the locality where the arrest is

made;

(ii) countersigned by the person arrested; and

of his family, that he has a right to have a relative or a friend or any other person

named by him to be informed of his arrest.

37. The State Government shall—

(a) establish a police control room in every district and at State level;

(b) designate a police officer in every district and in every police station, not

below the rank of Assistant Sub-Inspector of Police who shall be responsible for

maintaining the information about the names and addresses of the persons arrested,

nature of the offence with which charged, which shall be prominently displayed in

any manner including in digital mode in every police station and at the district

headquarters.

38. When any person is arrested and interrogated by the police, he shall be entitled

to meet an advocate of his choice during interrogation, though not throughout interrogation.

39. (1) When any person who, in the presence of a police officer, has committed or

has been accused of committing a non-cognizable offence refuses on demand of such

officer to give his name and residence or gives a name or residence which such officer has

reason to believe to be false, he may be arrested by such officer in order that his name or

residence may be ascertained.

(2) When the true name and residence of such person have been ascertained, he shall

be released on a bond or bail bond, to appear before a Magistrate if so required:

Provided that if such person is not resident in India, the bail bond shall be secured by

a surety or sureties resident in India.

(3) If the true name and residence of such person is not ascertained within

twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or,

if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest

Magistrate having jurisdiction.

40. (1) Any private person may arrest or cause to be arrested any person who in his

presence commits a non-bailable and cognizable offence, or any proclaimed offender, and,

without unnecessary delay, but within six hours from such arrest, shall make over or cause

to be made over any person so arrested to a police officer, or, in the absence of a police

officer, take such person or cause him to be taken in custody to the nearest police station.

(2) If there is reason to believe that such person comes under the provisions of

sub-section (1) of section 35, a police officer shall take him in custody.

(3) If there is reason to believe that he has committed a non-cognizable offence, and

he refuses on the demand of a police officer to give his name and residence, or gives a name

or residence which such officer has reason to believe to be false, he shall be dealt with

under the provisions of section 39; but if there is no sufficient reason to believe that he has

committed any offence, he shall be at once released.

41. (1) When any offence is committed in the presence of a Magistrate, whether

Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person

to arrest the offender, and may thereupon, subject to the provisions herein contained as to

bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the

arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is

competent at the time and in the circumstances to issue a warrant.

42. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both

inclusive), no member of the Armed Forces of the Union shall be arrested for anything done

or purported to be done by him in the discharge of his official duties except after obtaining

the consent of the Central Government.

(2) The State Government may, by notification, direct that the provisions of

sub-section (1) shall apply to such class or category of the members of the Force charged

with the maintenance of public order as may be specified therein, wherever they may be

serving, and thereupon the provisions of that sub-section shall apply as if for the expression

"Central Government" occurring therein, the expression "State Government" were

substituted.

43. (1) In making an arrest the police officer or other person making the same shall

actually touch or confine the body of the person to be arrested, unless there be a submission

to the custody by word or action:

Provided that where a woman is to be arrested, unless the circumstances indicate

to the contrary, her submission to custody on an oral intimation of arrest shall be

presumed and, unless the circumstances otherwise require or unless the police officer

is a female, the police officer shall not touch the person of the woman for making her

arrest.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade

the arrest, such police officer or other person may use all means necessary to effect the

arrest.

(3) The police officer may, keeping in view the nature and gravity of the offence,

use handcuff while making the arrest of a person or while producing such person

before the court who is a habitual or repeat offender, or who escaped from custody, or

who has committed offence of organised crime, terrorist act, drug related crime, or

illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of

coins and currency-notes, human trafficking, sexual offence against children, or offence

against the State.

(4) Nothing in this section gives a right to cause the death of a person who is not

accused of an offence punishable with death or with imprisonment for life.

(5) Save in exceptional circumstances, no woman shall be arrested after sunset and

before sunrise, and where such exceptional circumstances exist, the woman police officer

shall, by making a written report, obtain the prior permission of the Magistrate of the

first class within whose local jurisdiction the offence is committed or the arrest is to be

made.

44. (1) If any person acting under a warrant of arrest, or any police officer having

authority to arrest, has reason to believe that the person to be arrested has entered into, or

is within, any place, any person residing in, or being in charge of, such place shall, on

demand of such person acting as aforesaid or such police officer, allow him free ingress

thereto, and afford all reasonable facilities for a search therein.

(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful

in any case for a person acting under a warrant and in any case in which a warrant may

issue, but cannot be obtained without affording the person to be arrested an opportunity of

escape, for a police officer to enter such place and search therein, and in order to effect an

entrance into such place, to break open any outer or inner door or window of any house or

place, whether that of the person to be arrested or of any other person, if after notification

of his authority and purpose, and demand of admittance duly made, he cannot otherwise

obtain admittance:

Provided that if any such place is an apartment in the actual occupancy of a female

(not being the person to be arrested) who, according to custom, does not appear in public,

such person or police officer shall, before entering such apartment, give notice to such

female that she is at liberty to withdraw and shall afford her every reasonable facility for

withdrawing, and may then break open the apartment and enter it.

(3) Any police officer or other person authorised to make an arrest may break open

any outer or inner door or window of any house or place in order to liberate himself or any

other person who, having lawfully entered for the purpose of making an arrest, is detained

therein.

45. A police officer may, for the purpose of arresting without warrant any person

whom he is authorised to arrest, pursue such person into any place in India.

46. The person arrested shall not be subjected to more restraint than is necessary to

prevent his escape.

47. (1) Every police officer or other person arresting any person without warrant shall

forthwith communicate to him full particulars of the offence for which he is arrested or other

grounds for such arrest.

(2) Where a police officer arrests without warrant any person other than a person

accused of a non-bailable offence, he shall inform the person arrested that he is entitled to

be released on bail and that he may arrange for sureties on his behalf.

48. (1) Every police officer or other person making any arrest under this Sanhita shall

forthwith give the information regarding such arrest and place where the arrested person is

being held to any of his relatives, friends or such other persons as may be disclosed or

nominated by the arrested person for the purpose of giving such information and also to

the designated police officer in the district.

(2) The police officer shall inform the arrested person of his rights under

sub-section (1) as soon as he is brought to the police station.

(3) An entry of the fact as to who has been informed of the arrest of such person shall

be made in a book to be kept in the police station in such form as the State Government may,

by rules, provide.

(4) It shall be the duty of the Magistrate before whom such arrested person is produced,

to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been

complied with in respect of such arrested person.

49. (1) Whenever,—

(i) a person is arrested by a police officer under a warrant which does not

provide for the taking of bail, or under a warrant which provides for the taking of bail

but the person arrested cannot furnish bail; and

(ii) a person is arrested without warrant, or by a private person under a warrant,

and cannot legally be admitted to bail, or is unable to furnish bail,

the officer making the arrest or, when the arrest is made by a private person, the police

officer to whom he makes over the person arrested, may search such person, and place in

safe custody all articles, other than necessary wearing-apparel, found upon him and where

any article is seized from the arrested person, a receipt showing the articles taken in

possession by the police officer shall be given to such person.

(2) Whenever it is necessary to cause a female to be searched, the search shall be

made by another female with strict regard to decency.

50. The police officer or other person making any arrest under this Sanhita may,

immediately after the arrest is made, take from the person arrested any offensive weapons

which he has about his person, and shall deliver all weapons so taken to the Court or officer

before which or whom the officer or person making the arrest is required by this Sanhita to

produce the person arrested.

51. (1) When a person is arrested on a charge of committing an offence of such a

nature and alleged to have been committed under such circumstances that there are

reasonable grounds for believing that an examination of his person will afford evidence as

to the commission of an offence, it shall be lawful for a registered medical practitioner,

acting at the request of any police officer, and for any person acting in good faith in his aid

and under his direction, to make such an examination of the person arrested as is reasonably

necessary in order to ascertain the facts which may afford such evidence, and to use such

force as is reasonably necessary for that purpose.

(2) Whenever the person of a female is to be examined under this section, the

examination shall be made only by, or under the supervision of, a female registered medical

practitioner.

(3) The registered medical practitioner shall, without any delay, forward the examination

report to the investigating officer.

Explanation.—In this section and sections 52 and 53,—

(a) "examination" shall include the examination of blood, blood stains, semen,

swabs in case of sexual offences, sputum and sweat, hair samples and finger nail

clippings by the use of modern and scientific techniques including DNA profiling and

such other tests which the registered medical practitioner thinks necessary in a

particular case;

(b) "registered medical practitioner" means a medical practitioner who possesses

any medical qualification recognised under the National Medical Commission

Act, 2019 and whose name has been entered in the National Medical Register or a

State Medical Register under that Act.

52. (1) When a person is arrested on a charge of committing an offence of rape or an

attempt to commit rape and there are reasonable grounds for believing that an examination

of his person will afford evidence as to the commission of such offence, it shall be lawful for

a registered medical practitioner employed in a hospital run by the Government or by a local

authority and in the absence of such a practitioner within the radius of sixteen kilometres

from the place where the offence has been committed, by any other registered medical

practitioner, acting at the request of any police officer, and for any person acting in good

faith in his aid and under his direction, to make such an examination of the arrested person

and to use such force as is reasonably necessary for that purpose.

(2) The registered medical practitioner conducting such examination shall, without

any delay, examine such person and prepare a report of his examination giving the following

particulars, namely:—

(i) the name and address of the accused and of the person by whom he was

brought;

(ii) the age of the accused;

(iii) marks of injury, if any, on the person of the accused;

(iv) the description of material taken from the person of the accused for DNA

profiling; and

(v) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be

noted in the report.

(5) The registered medical practitioner shall, without any delay, forward the report to

the investigating officer, who shall forward it to the Magistrate referred to in section 193 as

part of the documents referred to in clause (a) of sub-section (6) of that section.

53. (1) When any person is arrested, he shall be examined by a medical officer in the

service of the Central Government or a State Government, and in case the medical officer is

not available, by a registered medical practitioner soon after the arrest is made:

Provided that if the medical officer or the registered medical practitioner is of the

opinion that one more examination of such person is necessary, he may do so:

Provided further that where the arrested person is a female, the examination of the

body shall be made only by or under the supervision of a female medical officer, and in case

the female medical officer is not available, by a female registered medical practitioner.

(2) The medical officer or a registered medical practitioner so examining the arrested

person shall prepare the record of such examination, mentioning therein any injuries or

marks of violence upon the person arrested, and the approximate time when such injuries or

marks may have been inflicted.

(3) Where an examination is made under sub-section (1), a copy of the report of such

examination shall be furnished by the medical officer or registered medical practitioner, as

the case may be, to the arrested person or the person nominated by such arrested person.

54. Where a person is arrested on a charge of committing an offence and his

identification by any other person or persons is considered necessary for the purpose of

investigation of such offence, the Court, having jurisdiction may, on the request of the

officer in charge of a police station, direct the person so arrested to subject himself to

identification by any person or persons in such manner as the Court may deem fit:

Provided that if the person identifying the person arrested is mentally or physically

disabled, such process of identification shall take place under the supervision of a Magistrate

who shall take appropriate steps to ensure that such person identifies the person arrested

using methods that person is comfortable with and the identification process shall be

recorded by any audio-video electronic means.

55. (1) When any officer in charge of a police station or any police officer making an

investigation under Chapter XIII requires any officer subordinate to him to arrest without a

warrant (otherwise than in his presence) any person who may lawfully be arrested without

a warrant, he shall deliver to the officer required to make the arrest an order in writing,

specifying the person to be arrested and the offence or other cause for which the arrest is

to be made and the officer so required shall, before making the arrest, notify to the person

to be arrested the substance of the order and, if so required by such person, shall show him

the order.

(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a

person under section 35.

56. It shall be the duty of the person having the custody of an accused to take

reasonable care of the health and safety of the accused.

57. A police officer making an arrest without warrant shall, without unnecessary

delay and subject to the provisions herein contained as to bail, take or send the person

arrested before a Magistrate having jurisdiction in the case, or before the officer in charge

of a police station.

58. No police officer shall detain in custody a person arrested without warrant for a

longer period than under all the circumstances of the case is reasonable, and such period

shall not, in the absence of a special order of a Magistrate under section 187, exceed

twenty-four hours exclusive of the time necessary for the journey from the place of arrest to

the Magistrate's Court, whether having jurisdiction or not.

59. Officers in charge of police stations shall report to the District Magistrate, or, if

he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without

warrant, within the limits of their respective stations, whether such persons have been

admitted to bail or otherwise.

60. No person who has been arrested by a police officer shall be discharged except

on his bond, or bail bond, or under the special order of a Magistrate.

61. (1) If a person in lawful custody escapes or is rescued, the person from whose

custody he escaped or was rescued may immediately pursue and arrest him in any place in

India.

(2) The provisions of section 44 shall apply to arrests under sub-section (1) although

the person making any such arrest is not acting under a warrant and is not a police officer

having authority to arrest.

62. No arrest shall be made except in accordance with the provisions of this Sanhita

or any other law for the time being in force providing for arrest.

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.—Summons

63. Every summons issued by a Court under this Sanhita shall be,—

(i) in writing, in duplicate, signed by the presiding officer of such Court or by

such other officer as the High Court may, from time to time, by rule direct, and shall

bear the seal of the Court; or

(ii) in an encrypted or any other form of electronic communication and shall

bear the image of the seal of the Court or digital signature.

64. (1) Every summons shall be served by a police officer, or subject to such rules as

the State Government may make in this behalf, by an officer of the Court issuing it or other

public servant:

Provided that the police station or the registrar in the Court shall maintain a register to

enter the address, email address, phone number and such other details as the State

Government may, by rules, provide.

(2) The summons shall, if practicable, be served personally on the person summoned,

by delivering or tendering to him one of the duplicates of the summons:

Provided that summons bearing the image of Court's seal may also be served by

electronic communication in such form and in such manner, as the State Government may,

by rules, provide.

(3) Every person on whom a summons is so served personally shall, if so required by

the serving officer, sign a receipt therefor on the back of the other duplicate.

65. (1) Service of a summons on a company or corporation may be effected by serving

it on the Director, Manager, Secretary or other officer of the company or corporation, or by

letter sent by registered post addressed to the Director, Manager, Secretary or other officer

of the company or corporation in India, in which case the service shall be deemed to have

been effected when the letter would arrive in ordinary course of post.

Explanation.—In this section, "company" means a body corporate and "corporation"

means an incorporated company or other body corporate registered under the Companies

Act, 2013 or a society registered under the Societies Registration Act, 1860.

(2) Service of a summons on a firm or other association of individuals may be effected

by serving it on any partner of such firm or association, or by letter sent by registered post

addressed to such partner, in which case the service shall be deemed to have been effected

when the letter would arrive in ordinary course of post.

66. Where the person summoned cannot, by the exercise of due diligence, be found,

the summons may be served by leaving one of the duplicates for him with some adult

member of his family residing with him, and the person with whom the summons is so left

shall, if so required by the serving officer, sign a receipt therefor on the back of the other

duplicate.

Explanation.—A servant is not a member of the family within the meaning of this

section.

67. If service cannot by the exercise of due diligence be effected as provided in

section 64, section 65 or section 66, the serving officer shall affix one of the duplicates of the

summons to some conspicuous part of the house or homestead in which the person

summoned ordinarily resides; and thereupon the Court, after making such inquiries as it

thinks fit, may either declare that the summons has been duly served or order fresh service

in such manner as it considers proper.

68. (1) Where the person summoned is in the active service of the Government, the

Court issuing the summons shall ordinarily send it in duplicate to the head of the office in

which such person is employed; and such head shall thereupon cause the summons to be

served in the manner provided by section 64, and shall return it to the Court under his

signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

69. When a Court desires that a summons issued by it shall be served at any place

outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a

Magistrate within whose local jurisdiction the person summoned resides, or is, to be there

served.

70. (1) When a summons issued by a Court is served outside its local jurisdiction, and

in any case where the officer who has served a summons is not present at the hearing of the

case, an affidavit, purporting to be made before a Magistrate, that such summons has been

served, and a duplicate of the summons purporting to be endorsed (in the manner provided

by section 64 or section 66) by the person to whom it was delivered or tendered or with

whom it was left, shall be admissible in evidence, and the statements made therein shall be

deemed to be correct unless and until the contrary is proved.

(2) The affidavit mentioned in this section may be attached to the duplicate of the

summons and returned to the Court.

(3) All summons served through electronic communication under sections 64 to 71

(both inclusive) shall be considered as duly served and a copy of such summons shall be

attested and kept as a proof of service of summons.

71. (1) Notwithstanding anything contained in the preceding sections of this Chapter,

a Court issuing a summons to a witness may, in addition to and simultaneously with the

issue of such summons, direct a copy of the summons to be served by electronic

communication or by registered post addressed to the witness at the place where he ordinarily

resides or carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or an

endorsement purporting to be made by a postal employee that the witness refused to take

delivery of the summons has been received or on the proof of delivery of summons under

sub-section (3) of section 70 by electronic communication to the satisfaction of the Court,

the Court issuing summons may deem that the summons has been duly served.

B.—Warrant of arrest

72. (1) Every warrant of arrest issued by a Court under this Sanhita shall be in writing,

signed by the presiding officer of such Court and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which

issued it, or until it is executed.

73. (1) Any Court issuing a warrant for the arrest of any person may in its discretion

direct by endorsement on the warrant that, if such person executes a bail bond with sufficient

sureties for his attendance before the Court at a specified time and thereafter until otherwise

directed by the Court, the officer to whom the warrant is directed shall take such security

and shall release such person from custody.

(2) The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is

issued, are to be respectively bound;

(3) Whenever security is taken under this section, the officer to whom the warrant is

directed shall forward the bond to the Court.

74. (1) A warrant of arrest shall ordinarily be directed to one or more police officers;

but the Court issuing such a warrant may, if its immediate execution is necessary and no

police officer is immediately available, direct it to any other person or persons, and such

person or persons shall execute the same.

(2) When a warrant is directed to more officers or persons than one, it may be executed

by all, or by any one or more of them.

75. (1) The Chief Judicial Magistrate or a Magistrate of the first class may direct a

warrant to any person within his local jurisdiction for the arrest of any escaped convict,

proclaimed offender or of any person who is accused of a non-bailable offence and is

evading arrest.

(2) Such person shall acknowledge in writing the receipt of the warrant, and shall

execute it if the person for whose arrest it was issued, is in, or enters on, any land or other

property under his charge.

(3) When the person against whom such warrant is issued is arrested, he shall be

made over with the warrant to the nearest police officer, who shall cause him to be taken

before a Magistrate having jurisdiction in the case, unless security is taken under section 73.

76. A warrant directed to any police officer may also be executed by any other police

officer whose name is endorsed upon the warrant by the officer to whom it is directed or

endorsed.

77. The police officer or other person executing a warrant of arrest shall notify the

substance thereof to the person to be arrested, and, if so required, shall show him the

warrant.

78. The police officer or other person executing a warrant of arrest shall (subject to

the provisions of section 73 as to security) without unnecessary delay bring the person

arrested before the Court before which he is required by law to produce such person:

Provided that such delay shall not, in any case, exceed twenty-four hours exclusive

of the time necessary for the journey from the place of arrest to the Magistrate's Court.

79. A warrant of arrest may be executed at any place in India.

80. (1) When a warrant is to be executed outside the local jurisdiction of the Court

issuing it, such Court may, instead of directing the warrant to a police officer within its

jurisdiction, forward it by post or otherwise to any Executive Magistrate or District

Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction

it is to be executed; and the Executive Magistrate or District Superintendent or Commissioner

shall endorse his name thereon, and if practicable, cause it to be executed in the manner

hereinbefore provided.

(2) The Court issuing a warrant under sub-section (1) shall forward, along with the

warrant, the substance of the information against the person to be arrested together with

such documents, if any, as may be sufficient to enable the Court acting under section 83 to

decide whether bail should or should not be granted to the person.

81. (1) When a warrant directed to a police officer is to be executed beyond the local

jurisdiction of the Court issuing the same, he shall ordinarily take it for endorsement either

to an Executive Magistrate or to a police officer not below the rank of an officer in charge of

a police station, within the local limits of whose jurisdiction the warrant is to be executed.

(2) Such Magistrate or police officer shall endorse his name thereon and such

endorsement shall be sufficient authority to the police officer to whom the warrant is

directed to execute the same, and the local police shall, if so required, assist such officer in

executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the

endorsement of the Magistrate or police officer within whose local jurisdiction the warrant

is to be executed will prevent such execution, the police officer to whom it is directed may

execute the same without such endorsement in any place beyond the local jurisdiction of

the Court which issued it.

82. (1) When a warrant of arrest is executed outside the district in which it was issued,

the person arrested shall, unless the Court which issued the warrant is within thirty kilometres

of the place of arrest or is nearer than the Executive Magistrate or District Superintendent of

Police or Commissioner of Police within the local limits of whose jurisdiction the arrest was

made, or unless security is taken under section 73, be taken before such Magistrate or

District Superintendent or Commissioner.

(2) On the arrest of any person referred to in sub-section (1), the police officer shall

forthwith give the information regarding such arrest and the place where the arrested person

is being held to the designated police officer in the district and to such officer of another

district where the arrested person normally resides.

83. (1) The Executive Magistrate or District Superintendent of Police or Commissioner

of Police shall, if the person arrested appears to be the person intended by the Court which

issued the warrant, direct his removal in custody to such Court:

Provided that, if the offence is bailable, and such person is ready and willing to give

bail bond to the satisfaction of such Magistrate, District Superintendent or Commissioner,

or a direction has been endorsed under section 73 on the warrant and such person is ready

and willing to give the security required by such direction, the Magistrate, District

Superintendent or Commissioner shall take such bail bond or security, as the case may be,

and forward the bond, to the Court which issued the warrant:

Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief

Judicial Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the

district in which the arrest is made on consideration of the information and the documents

referred to in sub-section (2) of section 80, to release such person on bail.

(2) Nothing in this section shall be deemed to prevent a police officer from taking

security under section 73.

C.—Proclamation and attachment

84. (1) If any Court has reason to believe (whether after taking evidence or not) that

any person against whom a warrant has been issued by it has absconded or is concealing

himself so that such warrant cannot be executed, such Court may publish a written

proclamation requiring him to appear at a specified place and at a specified time not less

than thirty days from the date of publishing such proclamation.

(2) The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of the town or village

in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in

which such person ordinarily resides or to some conspicuous place of such town or

village;

Court-house;

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be

published in a daily newspaper circulating in the place in which such person ordinarily

resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the

proclamation was duly published on a specified day, in the manner specified in clause (i) of

sub-section (2), shall be conclusive evidence that the requirements of this section have

been complied with, and that the proclamation was published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person

accused of an offence which is made punishable with imprisonment of ten years or more, or

imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023 or under any

other law for the time being in force, and such person fails to appear at the specified place

and time required by the proclamation, the Court may, after making such inquiry as it thinks

fit, pronounce him a proclaimed offender and make a declaration to that effect.

(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made

by the Court under sub-section (4) as they apply to the proclamation published under

sub-section (1).

85. (1) The Court issuing a proclamation under section 84 may, for reasons to be

recorded in writing, at any time after the issue of the proclamation, order the attachment of

any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied,

by affidavit or otherwise, that the person in relation to whom the proclamation is to be

issued,—

(a) is about to dispose of the whole or any part of his property; or

(b) is about to remove the whole or any part of his property from the local

jurisdiction of the Court,

it may order the attachment of property simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such

person within the district in which it is made; and it shall authorise the attachment of any

property belonging to such person without such district when endorsed by the District

Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, the

attachment under this section shall be made—

(a) by seizure; or

(b) by the appointment of a receiver; or

proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(4) If the property ordered to be attached is immovable, the attachment under this

section shall, in the case of land paying revenue to the State Government, be made through

the Collector of the district in which the land is situate, and in all other cases—

(a) by taking possession; or

(b) by the appointment of a receiver; or

to the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinks fit.

(5) If the property ordered to be attached consists of live-stock or is of a perishable

nature, the Court may, if it thinks it expedient, order immediate sale thereof, and in such case

the proceeds of the sale shall abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall

be the same as those of a receiver appointed under the Code of Civil Procedure, 1908.

86. The Court may, on the written request from a police officer not below the rank of

the Superintendent of Police or Commissioner of Police, initiate the process of requesting

assistance from a Court or an authority in the contracting State for identification, attachment

and forfeiture of property belonging to a proclaimed person in accordance with the procedure

provided in Chapter VIII.

87. (1) If any claim is preferred to, or objection made to the attachment of, any

property attached under section 85, within six months from the date of such attachment, by

any person other than the proclaimed person, on the ground that the claimant or objector

has an interest in such property, and that such interest is not liable to attachment under

section 85, the claim or objection shall be inquired into, and may be allowed or disallowed in

whole or in part:

Provided that any claim preferred or objection made within the period allowed by this

sub-section may, in the event of the death of the claimant or objector, be continued by his

legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the Court

by which the order of attachment is issued, or, if the claim or objection is in respect of

property attached under an order endorsed under sub-section (2) of section 85, in the Court

of the Chief Judicial Magistrate of the district in which the attachment is made.

(3) Every such claim or objection shall be inquired into by the Court in which it is

preferred or made:

Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he

may make it over for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an

order under sub-section (1) may, within a period of one year from the date of such order,

institute a suit to establish the right which he claims in respect of the property in dispute;

but subject to the result of such suit, if any, the order shall be conclusive.

88. (1) If the proclaimed person appears within the time specified in the proclamation,

the Court shall make an order releasing the property from the attachment.

(2) If the proclaimed person does not appear within the time specified in the

proclamation, the property under the attachment shall be at the disposal of the State

Government; but it shall not be sold until the expiration of six months from the date of the

attachment and until any claim preferred or objection made under section 87 has been

disposed of under that section, unless it is subject to speedy and natural decay, or the

Court considers that the sale would be for the benefit of the owner; in either of which cases

the Court may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is

or has been at the disposal of the State Government under sub-section (2), appears voluntarily

or is apprehended and brought before the Court by whose order the property was attached,

or the Court to which such Court is subordinate, and proves to the satisfaction of such

Court that he did not abscond or conceal himself for the purpose of avoiding execution of

the warrant, and that he had not such notice of the proclamation as to enable him to attend

within the time specified therein, such property, or, if the same has been sold, the net

proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and

the residue of the property, shall, after satisfying therefrom all costs incurred in consequence

of the attachment, be delivered to him.

89. Any person referred to in sub-section (3) of section 88, who is aggrieved by any

refusal to deliver property or the proceeds of the sale thereof may appeal to the Court to

which appeals ordinarily lie from the sentences of the first-mentioned Court.

D.—Other rules regarding processes

90. A Court may, in any case in which it is empowered by this Sanhita to issue a

summons for the appearance of any person, issue, after recording its reasons in writing, a

warrant for his arrest—

(a) if, either before the issue of such summons, or after the issue of the same but

before the time fixed for his appearance, the Court sees reason to believe that he has

absconded or will not obey the summons; or

(b) if at such time he fails to appear and the summons is proved to have been

duly served in time to admit of his appearing in accordance therewith and no reasonable

excuse is offered for such failure.

91. 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 or bail bond for his appearance in such Court, or

any other Court to which the case may be transferred for trial.

92. When any person who is bound by any bond or bail bond taken under this

Sanhita 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.

93. The provisions contained in this Chapter relating to summons and warrant, and

their issue, service and execution, shall, so far as may be, apply to every summons and

every warrant of arrest issued under this Sanhita.

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

94. (1) Whenever any Court or any officer in charge of a police station considers that

the production of any document, electronic communication, including communication

devices, which is likely to contain digital evidence or other thing is necessary or desirable

for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita

by or before such Court or officer, such Court may issue a summons or such officer may, by

a written order, either in physical form or in electronic form, require the person in whose

possession or power such document or thing is believed to be, to attend and produce it, or

to produce it, at the time and place stated in the summons or order.

(2) Any person required under this section merely to produce a document, or other

thing shall be deemed to have complied with the requisition if he causes such document or

thing to be produced instead of attending personally to produce the same.

(3) Nothing in this section shall be deemed—

(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or

the Bankers' Books Evidence Act, 1891; or

(b) to apply to a letter, postcard, or other document or any parcel or thing in the

custody of the postal authority.

95. (1) If any document, parcel or thing in the custody of a postal authority is, in the

opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court

wanted for the purpose of any investigation, inquiry, trial or other proceeding under this

Sanhita, such Magistrate or Court may require the postal authority to deliver the document,

parcel or thing to such person as the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate,

whether Executive or Judicial, or of any Commissioner of Police or District Superintendent

of Police, wanted for any such purpose, he may require the postal authority 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).

B.—Search-warrants

96. (1) Where—

(a) any Court has reason to believe that a person to whom a summons order

under section 94 or a requisition under sub-section (1) of section 95 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) such document or thing is not known to the Court to be in the possession of

any person; or

under this Sanhita will be served by a general search or inspection,

it may issue a search-warrant; and the person to whom such warrant is directed, may search

or inspect in accordance therewith and the provisions hereinafter contained.

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part

thereof to which only the search or inspection shall extend; and the person charged with

the execution of such warrant shall then search or inspect only the place or part so specified.

(3) Nothing contained in this section shall authorise any Magistrate other than a

District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document,

parcel or other thing in the custody of the postal authority.

97. (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first

class, upon information and after such inquiry as he thinks necessary, has reason to believe

that any place is used for the deposit or sale of stolen property, or for the deposit, sale or

production of any objectionable article to which this section applies, or that any such

objectionable article is deposited in any place, he may by warrant authorise any police

officer above the rank of a constable—

(a) to enter, with such assistance as may be required, such place;

(b) to search the same in the manner specified in the warrant;

reasonably suspects to be stolen property or objectionable article to which this

section applies;

(d) to convey such property or article before a Magistrate, or to guard the same

on the spot until the offender is taken before a Magistrate, or otherwise to dispose of

it in some place of safety;

(e) to take into custody and carry before a Magistrate every person found in

such place who appears to have been privy to the deposit, sale or production of any

such property or article knowing or having reasonable cause to suspect it to be

stolen property or, as the case may be, objectionable article to which this section

applies.

(2) The objectionable articles to which this section applies are—

(a) counterfeit coin;

(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought

into India in contravention of any notification for the time being in force issued under

section 11 of the Customs Act, 1962;

(d) forged documents;

(e) false seals;

(f) obscene objects referred to in section 294 of the Bharatiya Nyaya

Sanhita, 2023;

(g) instruments or materials used for the production of any of the articles

mentioned in clauses (a) to (f).

98. (1) Where—

(a) any newspaper, or book; or

(b) any document,

wherever printed, appears to the State Government to contain any matter the publication

of which is punishable under section 152 or section 196 or section 197 or section 294 or

section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, the State Government may,

by notification, stating the grounds of its opinion, declare every copy of the issue of the

newspaper containing such matter, and every copy of such book or other document to be

forfeited to Government, and thereupon any police officer may seize the same wherever

found in India and any Magistrate may by warrant authorise any police officer not below

the rank of sub-inspector to enter upon and search for the same in any premises where any

copy of such issue, or any such book or other document may be or may be reasonably

suspected to be.

(2) In this section and in section 99,—

(a) "newspaper" and "book" have the same meanings as in the Press and

Registration of Books Act, 1867;

(b) "document" includes any painting, drawing or photograph, or other visible

representation.

(3) No order passed or action taken under this section shall be called in question in

any Court otherwise than in accordance with the provisions of section 99.

99. (1) Any person having any interest in any newspaper, book or other document, in

respect of which a declaration of forfeiture has been made under section 98, may, within two

months from the date of publication in the Official Gazette of such declaration, apply to the

High Court to set aside such declaration on the ground that the issue of the newspaper, or

the book or other document, in respect of which the declaration was made, did not contain

any such matter as is referred to in sub-section (1) of section 98.

(2) Every such application shall, where the High Court consists of three or more

Judges, be heard and determined by a Special Bench of the High Court composed of three

Judges and where the High Court consists of less than three Judges, such Special Bench

shall be composed of all the Judges of that High Court.

(3) On the hearing of any such application with reference to any newspaper, any copy

of such newspaper may be given in evidence in aid of the proof of the nature or tendency

of the words, signs or visible representations contained in such newspaper, in respect of

which the declaration of forfeiture was made.

(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the

book or other document, in respect of which the application has been made, contained any

such matter as is referred to in sub-section (1) of section 98, set aside the declaration of

forfeiture.

(5) Where there is a difference of opinion among the Judges forming the Special

Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

100. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first

class has reason to believe that any person is confined under such circumstances that the

confinement amounts to an offence, he may issue a search-warrant, and the person to

whom such warrant is directed may search for the person so confined; and such search

shall be made in accordance therewith, and the person, if found, shall be immediately taken

before a Magistrate, who shall make such order as in the circumstances of the case seems

proper.

101. Upon complaint made on oath of the abduction or unlawful detention of a

woman, or a female child for any unlawful purpose, a District Magistrate, Sub-divisional

Magistrate or Magistrate of the first class may make an order for the immediate restoration

of such woman to her liberty, or of such female child to her parent, guardian or other person

having the lawful charge of such child, and may compel compliance with such order, using

such force as may be necessary.

C.—General provisions relating to searches

102. The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be,

apply to all search-warrants issued under section 96, section 97, section 98 or section 100.

103. (1) Whenever any place liable to search or inspection under this Chapter is

closed, any person residing in, or being in charge of, such place, shall, on demand of the

officer or other person executing the warrant, and on production of the warrant, allow him

free ingress thereto, and afford all reasonable facilities for a search therein.

(2) If ingress into such place cannot be so obtained, the officer or other person

executing the warrant may proceed in the manner provided by sub-section (2) of section 44.

(3) Where any person in or about such place is reasonably suspected of concealing

about his person any article for which search should be made, such person may be searched

and if such person is a woman, the search shall be made by another woman with strict

regard to decency.

(4) Before making a search under this Chapter, the officer or other person about to

make it shall call upon two or more independent and respectable inhabitants of the locality

in which the place to be searched is situate or of any other locality if no such inhabitant of

the said locality is available or is willing to be a witness to the search, to attend and witness

the search and may issue an order in writing to them or any of them so to do.

(5) The search shall be made in their presence, and a list of all things seized in the

course of such search and of the places in which they are respectively found shall be

prepared by such officer or other person and signed by such witnesses; but no person

witnessing a search under this section shall be required to attend the Court as a witness of

the search unless specially summoned by it.

(6) The occupant of the place searched, or some person in his behalf, shall, in every

instance, be permitted to attend during the search, and a copy of the list prepared under this

section, signed by the said witnesses, shall be delivered to such occupant or person.

(7) When any person is searched under sub-section (3), a list of all things taken

possession of shall be prepared, and a copy thereof shall be delivered to such person.

(8) Any person who, without reasonable cause, refuses or neglects to attend and

witness a search under this section, when called upon to do so by an order in writing

delivered or tendered to him, shall be deemed to have committed an offence under

section 222 of the Bharatiya Nyaya Sanhita, 2023.

104. When, in the execution of a search-warrant at any place beyond the local

jurisdiction of the Court which issued the same, any of the things for which search is made,

are found, such things, together with the list of the same prepared under the provisions

hereinafter contained, shall be immediately taken before the Court issuing the warrant,

unless such place is nearer to the Magistrate having jurisdiction therein than to such Court,

in which case the list and things shall be immediately taken before such Magistrate; and,

unless there be good cause to the contrary, such Magistrate shall make an order authorising

them to be taken to such Court.

D.—Miscellaneous

105. The process of conducting search of a place or taking possession of any property,

article or thing under this Chapter or under section 185, including preparation of the list of

all things seized in the course of such search and seizure and signing of such list by

witnesses, shall be recorded through any audio-video electronic means preferably mobile

phone and the police officer shall without delay forward such recording to the District

Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.

106. (1) Any police officer may seize any property which may be alleged or suspected

to have been stolen, or which may be found under circumstances which create suspicion of

the commission of any offence.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall

forthwith report the seizure to that officer.

(3) Every police officer acting under sub-section (1) shall forthwith report the seizure

to the Magistrate having jurisdiction and where the property seized is such that it cannot be

conveniently transported to the Court, or where there is difficulty in securing proper

accommodation for the custody of such property, or where the continued retention of the

property in police custody may not be considered necessary for the purpose of investigation,

he may give custody thereof to any person on his executing a bond undertaking to produce

the property before the Court as and when required and to give effect to the further orders

of the Court as to the disposal of the same:

Provided that where the property seized under sub-section (1) is subject to speedy

and natural decay and if the person entitled to the possession of such property is unknown

or absent and the value of such property is less than five hundred rupees, it may forthwith

be sold by auction under the orders of the Superintendent of Police and the provisions of

sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of

such sale.

107. (1) Where a police officer making an investigation has reason to believe that any

property is derived or obtained, directly or indirectly, as a result of a criminal activity or from

the commission of any offence, he may, with the approval of the Superintendent of Police or

Commissioner of Police, make an application to the Court or the Magistrate exercising

jurisdiction to take cognizance of the offence or commit for trial or try the case, for the

attachment of such property.

(2) If the Court or the Magistrate has reasons to believe, whether before or after

taking evidence, that all or any of such properties are proceeds of crime, the Court or the

Magistrate may issue a notice upon such person calling upon him to show cause within a

period of fourteen days as to why an order of attachment shall not be made.

(3) Where the notice issued to any person under sub-section (2) specifies any property

as being held by any other person on behalf of such person, a copy of the notice shall also

be served upon such other person.

(4) The Court or the Magistrate may, after considering the explanation, if any, to the

show-cause notice issued under sub-section (2) and the material fact available before such

Court or Magistrate and after giving a reasonable opportunity of being heard to such

person or persons, may pass an order of attachment, in respect of those properties which

are found to be the proceeds of crime:

Provided that if such person does not appear before the Court or the Magistrate or

represent his case before the Court or Magistrate within a period of fourteen days specified

in the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte

order.

(5) Notwithstanding anything contained in sub-section (2), if the Court or the

Magistrate is of the opinion that issuance of notice under the said sub-section would

defeat the object of attachment or seizure, the Court or Magistrate may by an interim order

passed ex parte direct attachment or seizure of such property, and such order shall remain

in force till an order under sub-section (6) is passed.

(6) If the Court or the Magistrate finds the attached or seized properties to be

the proceeds of crime, the Court or the Magistrate shall by order direct the District

Magistrate to rateably distribute such proceeds of crime to the persons who are affected by

such crime.

(7) On receipt of an order passed under sub-section (6), the District Magistrate shall,

within a period of sixty days distribute the proceeds of crime either by himself or authorise

any officer subordinate to him to effect such distribution.

(8) If there are no claimants to receive such proceeds or no claimant is ascertainable

or there is any surplus after satisfying the claimants, such proceeds of crime shall stand

forfeited to the Government.

108. Any Magistrate may direct a search to be made in his presence of any place for

the search of which he is competent to issue a search-warrant.

109. Any Court may, if it thinks fit, impound any document or thing produced before

it under this Sanhita.

110. (1) Where a Court in the territories to which this Sanhita extends (hereafter in this

section referred to as the said territories) desires that—

(a) a summons to an accused person; or

(b) a warrant for the arrest of an accused person; or

or other thing, or to produce it; or

(d) a search-warrant,

issued by it shall be served or executed at any place,—

(i) within the local jurisdiction of a Court in any State or area in India outside the

said territories, it may send such summons or warrant in duplicate by post or otherwise,

to the presiding officer of that Court to be served or executed; and where any summons

referred to in clause (a) or clause (c) has been so served, the provisions of section 70

shall apply in relation to such summons as if the presiding officer of the Court to

whom it is sent were a Magistrate in the said territories;

(ii) in any country or place outside India in respect of which arrangements have

been made by the Central Government with the Government of such country or place

for service or execution of summons or warrant in relation to criminal matters (hereafter

in this section referred to as the contracting State), it may send such summons or

warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and

send to such authority for transmission, as the Central Government may, by

notification, specify in this behalf.

(2) Where a Court in the said territories has received for service or execution—

(a) a summons to an accused person; or

(b) a warrant for the arrest of an accused person; or

or other thing, or to produce it; or

(d) a search-warrant,

issued by—

(I) a Court in any State or area in India outside the said territories;

(II) a Court, Judge or Magistrate in a contracting State,

it shall cause the same to be served or executed as if it were a summons or warrant received

by it from another Court in the said territories for service or execution within its local

jurisdiction; and where—

(i) a warrant of arrest has been executed, the person arrested shall, so far as

possible, be dealt with in accordance with the procedure specified by sections 82 and 83;

(ii) a search-warrant has been executed, the things found in the search shall, so

far as possible, be dealt with in accordance with the procedure specified by

section 104:

Provided that in a case where a summons or search-warrant received from a contracting

State has been executed, the documents or things produced or things found in the search

shall be forwarded to the Court issuing the summons or search-warrant through such

authority as the Central Government may, by notification, specify in this behalf.

CHAPTER VIII

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR

ATTACHMENT AND FORFEITURE OF PROPERTY

111. In this Chapter, unless the context otherwise requires,—

(a) "contracting State" means any country or place outside India in respect of

which arrangements have been made by the Central Government with the Government

of such country through a treaty or otherwise;

(b) "identifying" includes establishment of a proof that the property was derived

from, or used in, the commission of an offence;

indirectly, by any person as a result of criminal activity (including crime involving

currency transfers) or the value of any such property;

(d) "property" means property and assets of every description whether corporeal

or incorporeal, movable or immovable, tangible or intangible and deeds and instruments

evidencing title to, or interest in, such property or assets derived or used in the

commission of an offence and includes property obtained through proceeds of crime;

(e) "tracing" means determining the nature, source, disposition, movement,

title or ownership of property.

112. (1) If, in the course of an investigation into an offence, an application is made by

the investigating officer or any officer superior in rank to the investigating officer that

evidence may be available in a country or place outside India, any Criminal Court may issue

a letter of request to a Court or an authority in that country or place competent to deal with

such request to examine orally any person supposed to be acquainted with the facts and

circumstances of the case and to record his statement made in the course of such examination

and also to require such person or any other person to produce any document or thing

which may be in his possession pertaining to the case and to forward all the evidence so

taken or collected or the authenticated copies thereof or the thing so collected to the Court

issuing such letter.

(2) The letter of request shall be transmitted in such manner as the Central Government

may specify in this behalf.

(3) Every statement recorded or document or thing received under sub-section (1)

shall be deemed to be the evidence collected during the course of investigation under this

Sanhita.

113. (1) Upon receipt of a letter of request from a Court or an authority in a country or

place outside India competent to issue such letter in that country or place for the examination

of any person or production of any document or thing in relation to an offence under

investigation in that country or place, the Central Government may, if it thinks fit—

(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he

may appoint in this behalf, who shall thereupon summon the person before him and

record his statement or cause the document or thing to be produced; or

(ii) send the letter to any police officer for investigation, who shall thereupon

investigate into the offence in the same manner,

as if the offence had been committed within India.

(2) All the evidence taken or collected under sub-section (1), or authenticated copies

thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as

the case may be, to the Central Government for transmission to the Court or the authority

issuing the letter of request, in such manner as the Central Government may deem fit.

114. (1) Where a Court in India, in relation to a criminal matter, desires that a warrant

for arrest of any person to attend or produce a document or other thing issued by it shall be

executed in any place in a contracting State, it shall send such warrant in duplicate in such

form to such Court, Judge or Magistrate through such authority, as the Central Government

may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case

may be, shall cause the same to be executed.

(2) If , in the course of an investigation or any inquiry into an offence, an application

is made by the investigating officer or any officer superior in rank to the investigating

officer that the attendance of a person who is in any place in a contracting State is required

in connection with such investigation or inquiry and the Court is satisfied that such

attendance is so required, it shall issue a summons or warrant, in duplicate, against the said

person to such Court, Judge or Magistrate, in such form as the Central Government may, by

notification, specify in this behalf, to cause the same to be served or executed.

(3) Where a Court in India, in relation to a criminal matter, has received a warrant for

arrest of any person requiring him to attend or attend and produce a document or other

thing in that Court or before any other investigating agency, issued by a Court, Judge or

Magistrate in a contracting State, the same shall be executed as if it is the warrant received

by it from another Court in India for execution within its local limits.

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a

prisoner in India, the Court in India or the Central Government may impose such conditions

as that Court or Government deems fit.

(5) Where the person transferred to India pursuant to sub-section (1) or

sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the

conditions subject to which the prisoner is transferred to India are complied with and such

prisoner shall be kept in such custody subject to such conditions as the Central Government

may direct in writing.

115. (1) Where a Court in India has reasonable grounds to believe that any property

obtained by any person is derived or obtained, directly or indirectly, by such person from

the commission of an offence, it may make an order of attachment or forfeiture of such

property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).

(2) Where the Court has made an order for attachment or forfeiture of any property

under sub-section (1), and such property is suspected to be in a contracting State, the

Court may issue a letter of request to a Court or an authority in the contracting State for

execution of such order.

(3) Where a letter of request is received by the Central Government from a Court or an

authority in a contracting State requesting attachment or forfeiture of the property in India,

derived or obtained, directly or indirectly, by any person from the commission of an offence

committed in that contracting State, the Central Government may forward such letter of

request to the Court, as it thinks fit, for execution in accordance with the provisions of

sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being

in force.

116. (1) The Court shall, under sub-section (1), or on receipt of a letter of request

under sub-section (3) of section 115, direct any police officer not below the rank of

Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or

survey in respect of any person, place, property, assets, documents, books of account in

any bank or public financial institutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried

out by an officer mentioned in sub-section (1) in accordance with such directions issued by

the said Court in this behalf.

117. (1) Where any officer conducting an inquiry or investigation under section 116

has a reason to believe that any property in relation to which such inquiry or investigation

is being conducted is likely to be concealed, transferred or dealt with in any manner which

will result in disposal of such property, he may make an order for seizing such property and

where it is not practicable to seize such property, he may make an order of attachment

directing that such property shall not be transferred or otherwise dealt with, except with the

prior permission of the officer making such order, and a copy of such order shall be served

on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is

confirmed by an order of the said Court, within a period of thirty days of its being made.

118. (1) The Court may appoint the District Magistrate of the area where the property

is situated, or any other officer that may be nominated by the District Magistrate, to perform

the functions of an Administrator of such property.

(2) The Administrator appointed under sub-section (1) shall receive and manage the

property in relation to which the order has been made under sub-section (1) of section 117

or under section 120 in such manner and subject to such conditions as may be specified by

the Central Government.

(3) The Administrator shall also take such measures, as the Central Government may

direct, to dispose of the property which is forfeited to the Central Government.

119. (1) If as a result of the inquiry, investigation or survey under section 116, the

Court has reason to believe that all or any of such properties are proceeds of crime, it may

serve a notice upon such person (hereinafter referred to as the person affected) calling

upon him within a period of thirty days specified in the notice to indicate the source of

income, earnings or assets, out of which or by means of which he has acquired such

property, the evidence on which he relies and other relevant information and particulars,

and to show cause why all or any of such properties, as the case may be, should not be

declared to be proceeds of crime and forfeited to the Central Government.

(2) Where a notice under sub-section (1) to any person specifies any property as

being held on behalf of such person by any other person, a copy of the notice shall also be

served upon such other person.

120. (1) The Court may, after considering the explanation, if any, to the show-cause

notice issued under section 119 and the material available before it and after giving to the

person affected (and in a case where the person affected holds any property specified in the

notice through any other person, to such other person also) a reasonable opportunity of

being heard, by order, record a finding whether all or any of the properties in question are

proceeds of crime:

Provided that if the person affected (and in a case where the person affected holds

any property specified in the notice through any other person such other person also) does

not appear before the Court or represent his case before it within a period of thirty days

specified in the show-cause notice, the Court may proceed to record a finding under this

sub-section ex parte on the basis of evidence available before it.

(2) Where the Court is satisfied that some of the properties referred to in the

show-cause notice are proceeds of crime but it is not possible to identify specifically such

properties, then, it shall be lawful for the Court to specify the properties which, to the

best of its judgment, are proceeds of crime and record a finding accordingly under

sub-section (1).

(3) Where the Court records a finding under this section to the effect that any property

is proceeds of crime, such property shall stand forfeited to the Central Government free

from all encumbrances.

(4) Where any shares in a company stand forfeited to the Central Government under

this section, then, the company shall, notwithstanding anything contained in the Companies

Act, 2013 or the Articles of Association of the company, forthwith register the Central

Government as the transferee of such shares.

121. (1) Where the Court makes a declaration that any property stands forfeited to

the Central Government under section 120 and it is a case where the source of only a part of

such property has not been proved to the satisfaction of the Court, it shall make an order

giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market

value of such part.

(2) Before making an order imposing a fine under sub-section (1), the person affected

shall be given a reasonable opportunity of being heard.

(3) Where the person affected pays the fine due under sub-section (1), within such

time as may be allowed in that behalf, the Court may, by order, revoke the declaration of

forfeiture under section 120 and thereupon such property shall stand released.

122. Where after the making of an order under sub-section (1) of section 117 or the

issue of a notice under section 119, any property referred to in the said order or notice is

transferred by any mode whatsoever such transfers shall, for the purposes of the

proceedings under this Chapter, be ignored and if such property is subsequently forfeited

to the Central Government under section 120, then, the transfer of such property shall be

deemed to be null and void.

123. Every letter of request, summons or warrant, received by the Central Government

from, and every letter of request, summons or warrant, to be transmitted to a contracting

State under this Chapter shall be transmitted to a contracting State or, as the case may be,

sent to the concerned Court in India in such form and in such manner as the Central

Government may, by notification, specify in this behalf.

124. The Central Government may, by notification in the Official Gazette, direct that

the application of this Chapter in relation to a contracting State with which reciprocal

arrangements have been made, shall be subject to such conditions, exceptions or

qualifications as are specified in the said notification.

CHAPTER IX

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

125. (1) When a Court of Session or Court of a Magistrate of the first class convicts

a person of any of the offences specified in sub-section (2) or of abetting any such offence

and is of opinion that it is necessary to take security from such person for keeping the

peace, the Court may, at the time of passing sentence on such person, order him to execute

a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it

thinks fit.

(2) The offences referred to in sub-section (1) are—

(a) any offence punishable under Chapter XI of the Bharatiya Nyaya

Sanhita, 2023, other than an offence punishable under sub-section (1) of section 193

or section 196 or section 197 thereof;

(b) any offence which consists of, or includes, assault or using criminal force or

committing mischief;

(d) any other offence which caused, or was intended or known to be likely to

cause, a breach of the peace.

(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so

executed shall become void.

(4) An order under this section may also be made by an Appellate Court or by a Court

when exercising its powers of revision.

126. (1) When an Executive Magistrate receives information that any person is likely

to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act

that may probably occasion a breach of the peace or disturb the public tranquillity and is of

opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter

provided, require such person to show cause why he should not be ordered to execute a

bond or bail bond for keeping the peace for such period, not exceeding one year, as the

Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate

when either the place where the breach of the peace or disturbance is apprehended is within

his local jurisdiction or there is within such jurisdiction a person who is likely to commit a

breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid

beyond such jurisdiction.

127. (1) When an Executive Magistrate receives information that there is within his

local jurisdiction any person who, within or without such jurisdiction,—

(i) either orally or in writing or in any other manner, intentionally disseminates

or attempts to disseminate or abets the dissemination of,—

(a) any matter the publication of which is punishable under section 152 or

section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or

(b) any matter concerning a Judge acting or purporting to act in the

discharge of his official duties which amounts to criminal intimidation or

defamation under the Bharatiya Nyaya Sanhita, 2023;

(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys,

sells, lets to hire, distributes, publicly exhibits or in any other manner puts into

circulation any obscene matter such as is referred to in section 294 of the Bharatiya

Nyaya Sanhita, 2023,

and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate

may, in the manner hereinafter provided, require such person to show cause why he should

not be ordered to execute a bond or bail bond, for his good behaviour for such period, not

exceeding one year, as the Magistrate thinks fit.

(2) No proceedings shall be taken under this section against the editor, proprietor,

printer or publisher of any publication registered under, and edited, printed and published

in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with

reference to any matter contained in such publication except by the order or under the

authority of the State Government or some officer empowered by the State Government in

this behalf.

128. When an Executive Magistrate receives information that there is within his local

jurisdiction a person taking precautions to conceal his presence and that there is reason to

believe that he is doing so with a view to committing a cognizable offence, the Magistrate

may, in the manner hereinafter provided, require such person to show cause why he should

not be ordered to execute a bond or bail bond for his good behaviour for such period, not

exceeding one year, as the Magistrate thinks fit.

129. When an Executive Magistrate receives information that there is within his local

jurisdiction a person who—

(a) is by habit a robber, house-breaker, thief, or forger; or

(b) is by habit a receiver of stolen property knowing the same to have been

stolen; or

of stolen property; or

(d) habitually commits, or attempts to commit, or abets the commission of, the

offence of kidnapping, abduction, extortion, cheating or mischief, or any offence

punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under

section 178, section 179, section 180 or section 181 of that Sanhita; or

(e) habitually commits, or attempts to commit, or abets the commission of,

offences, involving a breach of the peace; or

(f) habitually commits, or attempts to commit, or abets the commission of—

(i) any offence under one or more of the following Acts, namely:—

(a) the Drugs and Cosmetics Act, 1940;

(b) the Foreigners Act, 1946;

Act, 1952;

(d) the Essential Commodities Act, 1955;

(e) the Protection of Civil Rights Act, 1955;

(f) the Customs Act, 1962;

(g) the Food Safety and Standards Act, 2006; or

(ii) any offence punishable under any other law providing for the

prevention of hoarding or profiteering or of adulteration of food or drugs or of

corruption; or

(g) is so desperate and dangerous as to render his being at large without

security hazardous to the community,

such Magistrate may, in the manner hereinafter provided, require such person to show

cause why he should not be ordered to execute a bail bond, for his good behaviour for such

period, not exceeding three years, as the Magistrate thinks fit.

130. When a Magistrate acting under section 126, section 127, section 128 or

section 129, deems it necessary to require any person to show cause under such section, he

shall make an order in writing, setting forth the substance of the information received, the

amount of the bond to be executed, the term for which it is to be in force and the number of

sureties, after considering the sufficiency and fitness of sureties.

131. If the person in respect of whom such order is made is present in Court, it shall

be read over to him, or, if he so desires, the substance thereof shall be explained to him.

132. If such person is not present in Court, the Magistrate shall issue a summons

requiring him to appear, or, when such person is in custody, a warrant directing the officer

in whose custody he is to bring him before the Court:

Provided that whenever it appears to such Magistrate, upon the report of a police

officer or upon other information (the substance of which report or information shall be

recorded by the Magistrate), that there is reason to fear the commission of a breach of the

peace, and that such breach of the peace cannot be prevented otherwise than by the

immediate arrest of such person, the Magistrate may at any time issue a warrant for his

arrest.

133. Every summons or warrant issued under section 132 shall be accompanied by a

copy of the order made under section 130, and such copy shall be delivered by the officer

serving or executing such summons or warrant to the person served with, or arrested under,

the same.

134. 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 an advocate.

135. (1) When an order under section 130 has been read or explained under

section 131 to a person present in Court, or when any person appears or is brought before

a Magistrate in compliance with, or in execution of, a summons or warrant, issued under

section 132, the Magistrate shall proceed to inquire into the truth of the information upon

which action has been taken, and to take such further evidence as may appear necessary

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner

hereinafter prescribed for conducting trial and recording evidence in summons-cases.

(3) After the commencement, and before the completion, of the inquiry under

sub-section (1), the Magistrate, if he considers that immediate measures are necessary for

the prevention of a breach of the peace or disturbance of the public tranquillity or the

commission of any offence or for the public safety, may, for reasons to be recorded in

writing, direct the person in respect of whom the order under section 130 has been made to

execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the

conclusion of the inquiry, and may detain him in custody until such bond or bail bond is

executed or, in default of execution, until the inquiry is concluded:

Provided that—

(a) no person against whom proceedings are not being taken under section 127,

section 128, or section 129 shall be directed to execute a bond or bail bond for

maintaining good behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the

provision of sureties or the number thereof or the pecuniary extent of their liability,

shall not be more onerous than those specified in the order under section 130.

(4) For the purposes of this section the fact that a person is a habitual offender or is

so desperate and dangerous as to render his being at large without security hazardous to

the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under

inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall

think just.

(6) The inquiry under this section shall be completed within a period of six months

from the date of its commencement, and if such inquiry is not so completed, the proceedings

under this Chapter shall, on the expiry of the said period, stand terminated unless, for

special reasons to be recorded in writing, the Magistrate otherwise directs:

Provided that where any person has been kept in detention pending such inquiry, the

proceeding against that person, unless terminated earlier, shall stand terminated on the

expiry of a period of six months of such detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of

proceedings, the Sessions Judge may, on an application made to him by the aggrieved

party, vacate such direction if he is satisfied that it was not based on any special reason or

was perverse.

136. If, upon such inquiry, it is proved that it is necessary for keeping the peace or

maintaining good behaviour, as the case may be, that the person in respect of whom the

inquiry is made should execute a bond or bail bond, the Magistrate shall make an order

accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature different from, or of

an amount larger than, or for a period longer than, that specified in the order made

under section 130;

(b) the amount of every bond or bail bond shall be fixed with due regard to the

circumstances of the case and shall not be excessive;

shall be executed only by his sureties.

137. If, on an inquiry under section 135, it is not proved that it is necessary for

keeping the peace or maintaining good behaviour, as the case may be, that the person in

respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an

entry on the record to that effect, and if such person is in custody only for the purposes of

the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

138. (1) If any person, in respect of whom an order requiring security is made under

section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a

sentence of, imprisonment, the period for which such security is required shall commence

on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the

Magistrate, for sufficient reason, fixes a later date.

139. The bond or bail bond to be executed by any such person shall bind him to keep

the peace or to be of good behaviour, as the case may be, and in the latter case the commission

or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever

it may be committed, is a breach of the bond or bail bond.

140. (1) A Magistrate may refuse to accept any surety offered, or may reject any

surety previously accepted by him or his predecessor under this Chapter on the ground

that such surety is an unfit person for the purposes of the bail bond:

Provided that before so refusing to accept or rejecting any such surety, he shall either

himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be

held and a report to be made thereon by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the

surety and to the person by whom the surety was offered and shall, in making the inquiry,

record the substance of the evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either

before him or before a Magistrate deputed under sub-section (1), and the report of such

Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he

shall make an order refusing to accept or rejecting, as the case may be, such surety and

recording his reasons for so doing:

Provided that before making an order rejecting any surety who has previously been

accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the

person for whom the surety is bound to appear or to be brought before him.

141. (1) (a) If any person ordered to give security under section 125 or section 136

does not give such security on or before the date on which the period for which such

security is to be given commences, he shall, except in the case next hereinafter mentioned,

be committed to prison, or, if he is already in prison, be detained in prison until such period

expires or until within such period he gives the security to the Court or Magistrate who

made the order requiring it;

(b) if any person after having executed a bond or bail bond for keeping the peace in

pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of

such Magistrate or his successor-in-office, to have committed breach of the bond or bail

bond, such Magistrate or successor-in-office may, after recording the grounds of such

proof, order that the person be arrested and detained in prison until the expiry of the period

of the bond or bail bond and such order shall be without prejudice to any other punishment

or forfeiture to which the said person may be liable in accordance with law.

(2) When such person has been ordered by a Magistrate to give security for a period

exceeding one year, such Magistrate shall, if such person does not give such security as

aforesaid, issue a warrant directing him to be detained in prison pending the orders of the

Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before

such Court.

(3) Such Court, after examining such proceedings and requiring from the Magistrate

any further information or evidence which it thinks necessary, and after giving the concerned

person a reasonable opportunity of being heard, may pass such order on the case as it

thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give

security shall not exceed three years.

(4) If security has been required in the course of the same proceeding from two or

more persons in respect of any one of whom the proceedings are referred to the Sessions

Judge under sub-section (2) such reference shall also include the case of any other of such

persons who has been ordered to give security, and the provisions of sub-sections (2)

and (3) shall, in that event, apply to the case of such other person also, except that the

period (if any) for which he may be imprisoned, shall not exceed the period for which he was

ordered to give security.

(5) A Sessions Judge may in his discretion transfer any proceedings laid before him

under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such

transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge

under this section in respect of such proceedings.

(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer

the matter to the Court or Magistrate who made the order, and shall await the orders of such

Court or Magistrate.

(7) Imprisonment for failure to give security for keeping the peace shall be simple.

(8) Imprisonment for failure to give security for good behaviour shall, where the

proceedings have been taken under section 127, be simple, and, where the proceedings

have been taken under section 128 or section 129, be rigorous or simple as the Court or

Magistrate in each case directs.

142. (1) Whenever the District Magistrate in the case of an order passed by an

Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case

is of opinion that any person imprisoned for failing to give security under this Chapter may

be released without hazard to the community or to any other person, he may order such

person to be discharged.

(2) Whenever any person has been imprisoned for failing to give security under this

Chapter, the High Court or Court of Session, or, where the order was made by any other

Court, District Magistrate, in the case of an order passed by an Executive Magistrate under

section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing

the amount of the security or the number of sureties or the time for which security has been

required.

(3) An order under sub-section (1) may direct the discharge of such person either

without conditions or upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for

which such person was ordered to give security has expired.

(4) The State Government may prescribe, by rules, the conditions upon which a

conditional discharge may be made.

(5) If any condition upon which any person has been discharged is, in the opinion of

District Magistrate, in the case of an order passed by an Executive Magistrate under

section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge

was made or of his successor, not fulfilled, he may cancel the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5),

such person may be arrested by any police officer without warrant, and shall thereupon be

produced before the District Magistrate, in the case of an order passed by an Executive

Magistrate under section 136, or the Chief Judicial Magistrate in any other case.

(7) Unless such person gives security in accordance with the terms of the original

order for the unexpired portion of the term for which he was in the first instance committed

or ordered to be detained (such portion being deemed to be a period equal to the period

between the date of the breach of the conditions of discharge and the date on which, except

for such conditional discharge, he would have been entitled to release), District Magistrate,

in the case of an order passed by an Executive Magistrate under section 136, or the Chief

Judicial Magistrate in any other case may remand such person to prison to undergo such

unexpired portion.

(8) A person remanded to prison under sub-section (7) shall, subject to the provisions

of section 141, be released at any time on giving security in accordance with the terms of the

original order for the unexpired portion aforesaid to the Court or Magistrate by whom such

order was made, or to its or his successor.

(9) The High Court or Court of Session may at any time, for sufficient reasons to be

recorded in writing, cancel any bond for keeping the peace or for good behaviour executed

under this Chapter by any order made by it, and District Magistrate, in the case of an order

passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in

any other case may make such cancellation where such bond was executed under his order

or under the order of any other Court in his district.

(10) Any surety for the peaceable conduct or good behaviour of another person

ordered to execute a bond under this Chapter may at any time apply to the Court making

such order to cancel the bond and on such application being made, the Court shall issue a

summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to

appear or to be brought before it.

143. (1) When a person for whose appearance a summons or warrant has been issued

under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142,

appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel

the bond or bail bond executed by such person and shall order such person to give, for the

unexpired portion of the term of such bond, fresh security of the same description as the

original security.

(2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be

deemed to be an order made under section 125 or section 136, as the case may be.

CHAPTER X

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

144. (1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself; or

(b) his legitimate or illegitimate child, whether married or not, unable to maintain

itself; or

attained majority, where such child is, by reason of any physical or mental abnormality

or injury unable to maintain itself; or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person

to make a monthly allowance for the maintenance of his wife or such child, father or mother,

at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the

Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a female child referred to in

clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied

that the husband of such female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding

regarding monthly allowance for the maintenance under this sub-section, order such person

to make a monthly allowance for the interim maintenance of his wife or such child, father or

mother, and the expenses of such proceeding which the Magistrate considers reasonable,

and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance

and expenses of proceeding under the second proviso shall, as far as possible, be disposed

of within sixty days from the date of the service of notice of the application to such person.

Explanation.—For the purposes of this Chapter, "wife" includes a woman who has

been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Any such allowance for the maintenance or interim maintenance and expenses of

proceeding shall be payable from the date of the order, or, if so ordered, from the date of the

application for maintenance or interim maintenance and expenses of proceeding, as the

case may be.

(3) If any person so ordered fails without sufficient cause to comply with the order,

any such Magistrate may, for every breach of the order, issue a warrant for levying the

amount due in the manner provided for levying fines, and may sentence such person, for

the whole or any part of each month's allowance for the maintenance or the interim

maintenance and expenses of proceeding, as the case may be, remaining unpaid after the

execution of the warrant, to imprisonment for a term which may extend to one month or until

payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under

this section unless application be made to the Court to levy such amount within a period of

one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her

living with him, and she refuses to live with him, such Magistrate may consider any grounds

of refusal stated by her, and may make an order under this section notwithstanding such

offer, if he is satisfied that there is just ground for so doing.

Explanation.—If a husband has contracted marriage with another woman or keeps a

mistress, it shall be considered to be just ground for his wife's refusal to live with him.

(4) No wife shall be entitled to receive an allowance for the maintenance or the interim

maintenance and expenses of proceeding, from her husband under this section if she is

living in adultery, or if, without any sufficient reason, she refuses to live with her husband,

or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section

is living in adultery, or that without sufficient reason she refuses to live with her husband,

or that they are living separately by mutual consent, the Magistrate shall cancel the order.

145. (1) Proceedings under section 144 may be taken against any person in any

district—

(a) where he is; or

(b) where he or his wife resides; or

the illegitimate child; or

(d) where his father or mother resides

(2) All evidence in such proceedings shall be taken in the presence of the person

against whom an order for payment of maintenance is proposed to be made, or, when his

personal attendance is dispensed with, in the presence of his advocate, and shall be recorded

in the manner prescribed for summons-cases:

Provided that if the Magistrate is satisfied that the person against whom an order for

payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully

neglecting to attend the Court, the Magistrate may proceed to hear and determine the

case ex parte and any order so made may be set aside for good cause shown on an

application made within three months from the date thereof subject to such terms including

terms as to payment of costs to the opposite party as the Magistrate may think just and

proper.

(3) The Court in dealing with applications under section 144 shall have power to make

such order as to costs as may be just.

146. (1) On proof of a change in the circumstances of any person, receiving, under

section 144 a monthly allowance for the maintenance or interim maintenance, or ordered

under the same section to pay a monthly allowance for the maintenance, or interim

maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may

make such alteration, as he thinks fit, in the allowance for the maintenance or the interim

maintenance, as the case may be.

(2) Where it appears to the Magistrate that in consequence of any decision of a

competent Civil Court, any order made under section 144 should be cancelled or varied, he

shall cancel the order or, as the case may be, vary the same accordingly.

(3) Where any order has been made under section 144 in favour of a woman who has

been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is

satisfied that—

(a) the woman has, after the date of such divorce, remarried, cancel such order

as from the date of her remarriage;

(b) the woman has been divorced by her husband and that she has received,

whether before or after the date of the said order, the whole of the sum which, under

any customary or personal law applicable to the parties, was payable on such divorce,

cancel such order,—

(i) in the case where such sum was paid before such order, from the date

on which such order was made;

(ii) in any other case, from the date of expiry of the period, if any, for

which maintenance has been actually paid by the husband to the woman;

voluntarily surrendered her rights to maintenance or interim maintenance, as the case

may be, after her divorce, cancel the order from the date thereof.

(4) At the time of making any decree for the recovery of any maintenance or dowry by

any person, to whom a monthly allowance for the maintenance and interim maintenance or

any of them has been ordered to be paid under section 144, the Civil Court shall take into

account the sum which has been paid to, or recovered by, such person as monthly allowance

for the maintenance and interim maintenance or any of them, as the case may be, in pursuance

of the said order.

147. A copy of the order of maintenance or interim maintenance and expenses of

proceedings, as the case may be, shall be given without payment to the person in whose

favour it is made, or to his guardian, if any, or to the person to whom the allowance for the

maintenance or the allowance for the interim maintenance and expenses of proceeding, as

the case may be, is to be paid; and such order may be enforced by any Magistrate in any

place where the person against whom it is made may be, on such Magistrate being satisfied

as to the identity of the parties and the non-payment of the allowance, or as the case may

be, expenses, due.

CHAPTER XI

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

148. (1) Any Executive Magistrate or officer in charge of a police station or, in the

absence of such officer in charge, any police officer, not below the rank of a sub-inspector,

may command any unlawful assembly, or any assembly of five or more persons likely to

cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of

the members of such assembly to disperse accordingly.

(2) If, upon being so commanded, any such assembly does not disperse, or if, without

being so commanded, it conducts itself in such a manner as to show a determination not to

disperse, any Executive Magistrate or police officer referred to in sub-section (1), may

proceed to disperse such assembly by force, and may require the assistance of any person,

not being an officer or member of the armed forces and acting as such, for the purpose of

dispersing such assembly, and, if necessary, arresting and confining the persons who form

part of it, in order to disperse such assembly or that they may be punished according to law.

149. (1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise

be dispersed, and it is necessary for the public security that it should be dispersed, the

District Magistrate or any other Executive Magistrate authorised by him, who is present,

may cause it to be dispersed by the armed forces.

(2) Such Magistrate may require any officer in command of any group of persons

belonging to the armed forces to disperse the assembly with the help of the armed forces

under his command, and to arrest and confine such persons forming part of it as the

Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to

disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner

as he thinks fit, but in so doing he shall use as little force, and do as little injury to person

and property, as may be consistent with dispersing the assembly and arresting and detaining

such persons.

150. When the public security is manifestly endangered by any such assembly and

no Executive Magistrate can be communicated with, any commissioned or gazetted officer

of the armed forces may disperse such assembly with the help of the armed forces under his

command, and may arrest and confine any persons forming part of it, in order to disperse

such assembly or that they may be punished according to law; but if, while he is acting

under this section, it becomes practicable for him to communicate with an Executive

Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate,

as to whether he shall or shall not continue such action.

151. (1) No prosecution against any person for any act purporting to be done under

section 148, section 149 or section 150 shall be instituted in any Criminal Court except—

(a) with the sanction of the Central Government where such person is an officer

or member of the armed forces;

(b) with the sanction of the State Government in any other case.

(2) (a) No Executive Magistrate or police officer acting under any of the said sections

in good faith;

(b) no person doing any act in good faith in compliance with a requisition under

section 148 or section 149;

(d) no member of the armed forces doing any act in obedience to any order which he

was bound to obey,

shall be deemed to have thereby committed an offence.

(3) In this section and in the preceding sections of this Chapter,—

(a) the expression "armed forces" means the army, naval and air forces, operating

as land forces and includes any other armed forces of the Union so operating;

(b) "officer", in relation to the armed forces, means a person commissioned,

gazetted or in pay as an officer of the armed forces and includes a junior commissioned

officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted

officer;

forces other than an officer.

B.—Public nuisances

152. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other

Executive Magistrate specially empowered in this behalf by the State Government, on

receiving the report of a police officer or other information and on taking such evidence

(if any) as he thinks fit, considers—

(a) that any unlawful obstruction or nuisance should be removed from any

public place or from any way, river or channel which is or may be lawfully used by the

public; or

(b) that the conduct of any trade or occupation, or the keeping of any goods or

merchandise, is injurious to the health or physical comfort of the community, and that

in consequence such trade or occupation should be prohibited or regulated or such

goods or merchandise should be removed or the keeping thereof regulated; or

is likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it

is likely to fall and thereby cause injury to persons living or carrying on business in

the neighbourhood or passing by, and that in consequence the removal, repair or

support of such building, tent or structure, or the removal or support of such tree, is

necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place

should be fenced in such manner as to prevent danger arising to the public; or

(f) that any dangerous animal should be destroyed, confined or otherwise

disposed of,

such Magistrate may make a conditional order requiring the person causing such obstruction

or nuisance, or carrying on such trade or occupation, or keeping any such goods or

merchandise, or owning, possessing or controlling such building, tent, structure, substance,

tank, well or excavation, or owning or possessing such animal or tree, within a time to be

fixed in the order—

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as may

be directed, such trade or occupation, or to remove such goods or merchandise, or to

regulate the keeping thereof in such manner as may be directed; or

(iii) to prevent or stop the construction of such building, or to alter the disposal

of such substance; or

(iv) to remove, repair or support such building, tent or structure, or to remove or

support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal in the manner

provided in the said order,

or, if he objects so to do, to appear before himself or some other Executive Magistrate

subordinate to him at a time and place to be fixed by the order, and show cause, in the

manner hereinafter provided, why the order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall be called in question

in any Civil Court.

Explanation.—A "public place" includes also property belonging to the State,

camping grounds and grounds left unoccupied for sanitary or recreative purposes.

153. (1) The order shall, if practicable, be served on the person against whom it is

made, in the manner herein provided for service of summons.

(2) If such order cannot be so served, it shall be notified by proclamation published in

such manner as the State Government may, by rules, direct, and a copy thereof shall be

stuck up at such place or places as may be fittest for conveying the information to such

person.

154. The person against whom such order is made shall—

(a) perform, within the time and in the manner specified in the order, the act

directed thereby; or

(b) appear in accordance with such order and show cause against the same;

and such appearance or hearing may be permitted through audio-video conferencing.

155. If the person against whom an order is made under section 154 does not perform

such act or appear and show cause, he shall be liable to the penalty specified in that behalf

in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.

156. (1) Where an order is made under section 152 for the purpose of preventing

obstruction, nuisance or danger to the public in the use of any way, river, channel or place,

the Magistrate shall, on the appearance before him of the person against whom the order

was made, question him as to whether he denies the existence of any public right in respect

of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding

under section 157, inquire into the matter.

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support

of such denial, he shall stay the proceedings until the matter of the existence of such right

has been decided by a competent Court; and, if he finds that there is no such evidence, he

shall proceed as laid down in section 157.

(3) A person who has, on being questioned by the Magistrate under sub-section (1),

failed to deny the existence of a public right of the nature therein referred to, or who, having

made such denial, has failed to adduce reliable evidence in support thereof, shall not in the

subsequent proceedings be permitted to make any such denial.

157. (1) If the person against whom an order under section 152 is made appears and

shows cause against the order, the Magistrate shall take evidence in the matter as in a

summons-case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to

such modification as he considers necessary, is reasonable and proper, the order shall be

made absolute without modification or, as the case may be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the

case:

Provided that the proceedings under this section shall be completed, as soon as

possible, within a period of ninety days, which may be extended for the reasons to be

recorded in writing, to one hundred and twenty days.

158. The Magistrate may, for the purposes of an inquiry under section 156 or

section 157—

(a) direct a local investigation to be made by such person as he thinks fit; or

(b) summon and examine an expert.

159. (1) Where the Magistrate directs a local investigation by any person under

section 158, the Magistrate may—

(a) furnish such person with such written instructions as may seem necessary

for his guidance;

(b) declare by whom the whole or any part of the necessary expenses of the

local investigation shall be paid.

(2) The report of such person may be read as evidence in the case.

(3) Where the Magistrate summons and examines an expert under section 158, the

Magistrate may direct by whom the costs of such summoning and examination shall be

paid.

160. (1) When an order has been made absolute under section 155 or section 157, the

Magistrate shall give notice of the same to the person against whom the order was made,

and shall further require him to perform the act directed by the order within the time to be

fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the

penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.

(2) If such act is not performed within the time fixed, the Magistrate may cause it to be

performed, and may recover the costs of performing it, either by the sale of any building,

goods or other property removed by his order, or by the distress and sale of any other

movable property of such person within or without such Magistrate's local jurisdiction, and

if such other property is without such jurisdiction, the order shall authorise its attachment

and sale when endorsed by the Magistrate within whose local jurisdiction the property to

be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.

161. (1) If a Magistrate making an order under section 152 considers that immediate

measures should be taken to prevent imminent danger or injury of a serious kind to the

public, he may issue such an injunction to the person against whom the order was made, as

is required to obviate or prevent such danger or injury pending the determination of the

matter.

(2) In default of such person forthwith obeying such injunction, the Magistrate may

himself use, or cause to be used, such means as he thinks fit to obviate such danger or to

prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under

this section.

162. A District Magistrate or Sub-divisional Magistrate, or any other Executive

Magistrate or Deputy Commissioner of Police empowered by the State Government or the

District Magistrate in this behalf, may order any person not to repeat or continue a public

nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law.

C.—Urgent cases of nuisance or apprehended danger

163. (1) In cases where, in the opinion of a District Magistrate, a Sub-divisional

Magistrate or any other Executive Magistrate specially empowered by the State Government

in this behalf, there is sufficient ground for proceeding under this section and immediate

prevention or speedy remedy is desirable, such Magistrate may, by a written order stating

the material facts of the case and served in the manner provided by section 153, direct any

person to abstain from a certain act or to take certain order with respect to certain property

in his possession or under his management, if such Magistrate considers that such direction

is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person

lawfully employed, or danger to human life, health or safety or a disturbance of the public

tranquillity, or a riot, or an affray.

(2) An order under this section may, in cases of emergency or in cases where the

circumstances do not admit of the serving in due time of a notice upon the person against

whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons

residing in a particular place or area, or to the public generally when frequenting or visiting

a particular place or area.

(4) No order under this section shall remain in force for more than two months from

the making thereof:

Provided that if the State Government considers it necessary so to do for preventing

danger to human life, health or safety or for preventing a riot or any affray, it may, by

notification, direct that an order made by a Magistrate under this section shall remain in

force for such further period not exceeding six months from the date on which the order

made by the Magistrate would have, but for such order, expired, as it may specify in the said

notification.

(5) Any Magistrate may, either on his own motion or on the application of any person

aggrieved, rescind or alter any order made under this section by himself or any Magistrate

subordinate to him or by his predecessor-in-office.

(6) The State Government may, either on its own motion or on the application of any

person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received, the

Magistrate, or the State Government, as the case may be, shall afford to the applicant an

early opportunity of appearing before him or it, either in person or by an advocate and

showing cause against the order; and if the Magistrate or the State Government, as the case

may be, rejects the application wholly or in part, he or it shall record in writing the reasons

for so doing.

D.—Disputes as to immovable property

164. (1) Whenever an Executive Magistrate is satisfied from a report of a police

officer or upon other information that a dispute likely to cause a breach of the peace exists

concerning any land or water or the boundaries thereof, within his local jurisdiction, he

shall make an order in writing, stating the grounds of his being so satisfied, and requiring

the parties concerned in such dispute to attend his Court in person or by an advocate on a

specified date and time, and to put in written statements of their respective claims as

respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section, the expression "land or water" includes buildings,

markets, fisheries, crops or other produce of land, and the rents or profits of any such

property.

(3) A copy of the order shall be served in the manner provided by this Sanhita for the

service of summons upon such person or persons as the Magistrate may direct, and at least

one copy shall be published by being affixed to some conspicuous place at or near the

subject of dispute.

(4) The Magistrate shall, without reference to the merits or the claims of any of the

parties to a right to possess the subject of dispute, peruse the statements so put in, hear the

parties, receive all such evidence as may be produced by them, take such further evidence,

if any, as he thinks necessary, and, if possible, decide whether any and which of the parties

was, at the date of the order made by him under sub-section (1), in possession of the

subject of dispute:

Provided that if it appears to the Magistrate that any party has been forcibly and

wrongfully dispossessed within two months next before the date on which the report of a

police officer or other information was received by the Magistrate, or after that date and

before the date of his order under sub-section (1), he may treat the party so dispossessed

as if that party had been in possession on the date of his order under sub-section (1).

(5) Nothing in this section shall preclude any party so required to attend, or any other

person interested, from showing that no such dispute as aforesaid exists or has existed; and

in such case the Magistrate shall cancel his said order, and all further proceedings thereon

shall be stayed, but, subject to such cancellation, the order of the Magistrate under

sub-section (1) shall be final.

(6) (a) If the Magistrate decides that one of the parties was, or should under the

proviso to sub-section (4) be treated as being, in such possession of the said subject of

dispute, he shall issue an order declaring such party to be entitled to possession thereof

until evicted therefrom in due course of law, and forbidding all disturbance of such possession

until such eviction; and when he proceeds under the proviso to sub-section (4), may

restore to possession the party forcibly and wrongfully dispossessed;

(b) the order made under this sub-section shall be served and published in the manner

laid down in sub-section (3).

(7) When any party to any such proceeding dies, the Magistrate may cause the legal

representative of the deceased party to be made a party to the proceeding and shall thereupon

continue the inquiry, and if any question arises as to who the legal representative of a

deceased party for the purposes of such proceeding is, all persons claiming to be

representatives of the deceased party shall be made parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of the property, the

subject of dispute in a proceeding under this section pending before him, is subject to

speedy and natural decay, he may make an order for the proper custody or sale of such

property, and, upon the completion of the inquiry, shall make such order for the disposal of

such property, or the sale-proceeds thereof, as he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this

section, on the application of either party, issue a summons to any witness directing him to

attend or to produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of powers of the

Magistrate to proceed under section 126

165. (1) If the Magistrate at any time after making the order under sub-section (1) of

section 164 considers the case to be one of emergency, or if he decides that none of the

parties was then in such possession as is referred to in section 164, or if he is unable to

satisfy himself as to which of them was then in such possession of the subject of dispute,

he may attach the subject of dispute until a competent Court has determined the rights of

the parties thereto with regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any time if he is

satisfied that there is no longer any likelihood of breach of the peace with regard to the

subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in

relation to such subject of dispute has been appointed by any Civil Court, make such

arrangements as he considers proper for looking after the property or if he thinks fit,

appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the

powers of a receiver appointed under the Code of Civil Procedure, 1908:

Provided that in the event of a receiver being subsequently appointed in relation to

the subject of dispute by any Civil Court, the Magistrate—

(a) shall order the receiver appointed by him to hand over the possession of the

subject of dispute to the receiver appointed by the Civil Court and shall thereafter

discharge the receiver appointed by him;

(b) may make such other incidental or consequential orders as may be just.

166. (1) Whenever an Executive Magistrate is satisfied from the report of a police

officer or upon other information, that a dispute likely to cause a breach of the peace exists

regarding any alleged right of user of any land or water within his local jurisdiction, whether

such right be claimed as an easement or otherwise, he shall make an order in writing, stating

the grounds of his being so satisfied and requiring the parties concerned in such dispute to

attend his Court in person or by an advocate on a specified date and time and to put in

written statements of their respective claims.

Explanation.—For the purposes of this sub-section, the expression "land or water"

has the meaning given to it in sub-section (2) of section 164.

(2) The Magistrate shall peruse the statements so put in, hear the parties, receive all

such evidence as may be produced by them respectively, consider the effect of such

evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide

whether such right exists; and the provisions of section 164 shall, so far as may be, apply in

the case of such inquiry.

(3) If it appears to such Magistrate that such rights exist, he may make an order

prohibiting any interference with the exercise of such right, including, in a proper case, an

order for the removal of any obstruction in the exercise of any such right:

Provided that no such order shall be made where the right is exercisable at all times of

the year, unless such right has been exercised within three months next before the receipt

under sub-section (1) of the report of a police officer or other information leading to the

institution of the inquiry, or where the right is exercisable only at particular seasons or on

particular occasions, unless the right has been exercised during the last of such seasons or

on the last of such occasions before such receipt.

(4) When in any proceedings commenced under sub-section (1) of section 164 the

Magistrate finds that the dispute is as regards an alleged right of user of land or water, he

may, after recording his reasons, continue with the proceedings as if they had been

commenced under sub-section (1), and when in any proceedings commenced under

sub-section (1) the Magistrate finds that the dispute should be dealt with under

section 164, he may, after recording his reasons, continue with the proceedings as if they

had been commenced under sub-section (1) of section 164.

167. (1) Whenever a local inquiry is necessary for the purposes of section 164,

section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute

any Magistrate subordinate to him to make the inquiry, and may furnish him with such

written instructions as may seem necessary for his guidance, and may declare by whom the

whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) When any costs have been incurred by any party to a proceeding under

section 164, section 165 or section 166, the Magistrate passing a decision may direct by

whom such costs shall be paid, whether by such party or by any other party to the proceeding,

and whether in whole or in part or proportion and such costs may include any expenses

incurred in respect of witnesses and of advocates' fees, which the Court may consider

reasonable.

CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

168. Every police officer may interpose for the purpose of preventing, and shall, to

the best of his ability, prevent, the commission of any cognizable offence.

169. Every police officer receiving information of a design to commit any cognizable

offence shall communicate such information to the police officer to whom he is subordinate,

and to any other officer whose duty it is to prevent or take cognizance of the commission of

any such offence.

170. (1) A police officer knowing of a design to commit any cognizable offence may

arrest, without orders from a Magistrate and without a warrant, the person so designing, if

it appears to such officer that the commission of the offence cannot be otherwise prevented.

(2) No person arrested under sub-section (1) shall be detained in custody for a period

exceeding twenty-four hours from the time of his arrest unless his further detention is

required or authorised under any other provisions of this Sanhita or of any other law for the

time being in force.

171. A police officer may of his own authority interpose to prevent any injury attempted

to be committed in his view to any public property, movable or immovable, or the removal or

injury of any public landmark, buoy or other mark used for navigation.

172. (1) All persons shall be bound to conform to the lawful directions of a police

officer given in fulfilment of any of his duty under this Chapter.

(2) A police officer may detain or remove any person resisting, refusing, ignoring or

disregarding to conform to any direction given by him under sub-section (1) and may either

take such person before a Magistrate or, in petty cases, release him as soon as possible

within a period of twenty-four hours.

CHAPTER XIII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

173. (1) Every information relating to the commission of a cognizable offence,

irrespective of the area where the offence is committed, may be given orally or by electronic

communication to an officer in charge of a police station, and if given—

(i) orally, it shall be reduced to writing by him or under his direction, and be read

over to the informant; and every such information, whether given in writing or reduced

to writing as aforesaid, shall be signed by the person giving it;

(ii) by electronic communication, it shall be taken on record by him on being

signed within three days by the person giving it,

and the substance thereof shall be entered in a book to be kept by such officer in such form

as the State Government may by rules prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence

under section 64, section 65, section 66, section 67, section 68, section 69, section 70,

section 71, section 74, section 75, section 76, section 77, section 78, section 79 or

section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or

attempted, then such information shall be recorded, by a woman police officer or any

woman officer:

Provided further that—

(a) in the event that the person against whom an offence under section 64,

section 65, section 66, section 67, section 68, section 69, section 70, section 71,

section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of

the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is

temporarily or permanently mentally or physically disabled, then such information

shall be recorded by a police officer, at the residence of the person seeking to report

such offence or at a convenient place of such person's choice, in the presence of an

interpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith,

free of cost, to the informant or the victim.

(3) Without prejudice to the provisions contained in section 175, on receipt of

information relating to the commission of any cognizable offence, which is made punishable

for three years or more but less than seven years, the officer in charge of the police station

may with the prior permission from an officer not below the rank of Deputy Superintendent

of Police, considering the nature and gravity of the offence,—

(i) proceed to conduct preliminary enquiry to ascertain whether there exists a

prima facie case for proceeding in the matter within a period of fourteen days; or

(ii) proceed with investigation when there exists a prima facie case.

(4) Any person aggrieved by a refusal on the part of an officer in charge of a police

station to record the information referred to in sub-section (1), may send the substance of

such information, in writing and by post, to the Superintendent of Police concerned who, if

satisfied that such information discloses the commission of a cognizable offence, shall

either investigate the case himself or direct an investigation to be made by any police officer

subordinate to him, in the manner provided by this Sanhita, and such officer shall have all

the powers of an officer in charge of the police station in relation to that offence failing

which such aggrieved person may make an application to the Magistrate.

174. (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 by rules prescribe in this behalf, and,—

(i) refer the informant to the Magistrate;

(ii) forward the daily diary report of all such cases fortnightly 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.

175. (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 XIV:

Provided that considering the nature and gravity of the offence, the Superintendent

of Police may require the Deputy Superintendent of Police to investigate the case.

(2) No proceeding of a police officer in any such case shall at any stage be called in

question on the ground that the case was one which such officer was not empowered under

this section to investigate.

(3) Any Magistrate empowered under section 210 may, after considering the application

supported by an affidavit made under sub-section (4) of section 173, and after making such

inquiry as he thinks necessary and submission made in this regard by the police officer,

order such an investigation as above-mentioned.

(4) Any Magistrate empowered under section 210, may, upon receiving a complaint

against a public servant arising in course of the discharge of his official duties, order

investigation, subject to—

(a) receiving a report containing facts and circumstances of the incident from

the officer superior to him; and

(b) after consideration of the assertions made by the public servant as to the

situation that led to the incident so alleged.

176. (1) If, from information received or otherwise, an officer in charge of a police

station has reason to suspect the commission of an offence which he is empowered under

section 175 to investigate, he shall forthwith send a report of the same to a Magistrate

empowered to take cognizance of such offence upon a police report and shall proceed in

person, or shall depute one of his subordinate officers not being below such rank as the

State Government may, by general or special order, prescribe in this behalf, to proceed, to

the spot, to investigate the facts and circumstances of the case, and, if necessary, to take

measures for the discovery and arrest of the offender:

Provided that—

(a) when information as to the commission of any such offence is given against

any person by name and the case is not of a serious nature, the officer in charge of a

police station need not proceed in person or depute a subordinate officer to make an

investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no

sufficient ground for entering on an investigation, he shall not investigate the case:

Provided further that in relation to an offence of rape, the recording of statement of

the victim shall be conducted at the residence of the victim or in the place of her choice and

as far as practicable by a woman police officer in the presence of her parents or guardian or

near relatives or social worker of the locality and such statement may also be recorded

through any audio-video electronic means including mobile phone.

(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to

sub-section (1), the officer in charge of the police station shall state in his report the

reasons for not fully complying with the requirements of that sub-section by him, and,

forward the daily diary report fortnightly to the Magistrate and in the case mentioned in

clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any,

in such manner as may be prescribed by rules made by the State Government.

(3) On receipt of every information relating to the commission of an offence which is

made punishable for seven years or more, the officer in charge of a police station shall, from

such date, as may be notified within a period of five years by the State Government in this

regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the

offence and also cause videography of the process on mobile phone or any other electronic

device:

Provided that where forensic facility is not available in respect of any such offence,

the State Government shall, until the facility in respect of that matter is developed or made

in the State, notify the utilisation of such facility of any other State.

177. (1) Every report sent to a Magistrate under section 176 shall, if the State

Government so directs, be submitted through such superior officer of police as the State

Government, by general or special order, appoints in that behalf.

(2) Such superior officer may give such instructions to the officer in charge of the

police station as he thinks fit, and shall, after recording such instructions on such report,

transmit the same without delay to the Magistrate.

178. The Magistrate, on receiving a report under section 176, may direct an

investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to

him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the

manner provided in this Sanhita.

179. (1) Any police officer making an investigation under this Chapter may, by order

in writing, require the attendance before himself of any person being within the limits of his

own or any adjoining station who, from the information given or otherwise, appears to be

acquainted with the facts and circumstances of the case; and such person shall attend as so

required:

Provided that no male person under the age of fifteen years or above the age of

sixty years or a woman or a mentally or physically disabled person or a person with acute illness

shall be required to attend at any place other than the place in which such person resides:

Provided further that if such person is willing to attend at the police station, such

person may be permitted so to do.

(2) The State Government may, by rules made in this behalf, provide for the payment

by the police officer of the reasonable expenses of every person, attending under

sub-section (1) at any place other than his residence.

180. (1) Any police officer making an investigation under this Chapter, or any police

officer not below such rank as the State Government may, by general or special order,

prescribe in this behalf, acting on the requisition of such officer, may examine orally any

person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put

to him by such officer, other than questions the answers to which would have a tendency

to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course

of an examination under this section; and if he does so, he shall make a separate and true

record of the statement of each such person whose statement he records:

Provided that statement made under this sub-section may also be recorded by

audio-video electronic means:

Provided further that the statement of a woman against whom an offence under

section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71,

section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the

Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be

recorded, by a woman police officer or any woman officer.

181. (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 148 of the

Bharatiya Sakshya Adhiniyam, 2023; 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 falling within

the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to

affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam.

Explanation.—An omission to state a fact or circumstance in the statement referred

to in sub-section (1) may amount to contradiction if the same appears to be significant and

otherwise relevant having regard to the context in which such omission occurs and whether

any omission amounts to a contradiction in the particular context shall be a question of fact.

182. (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 22 of

the Bharatiya Sakshya Adhiniyam, 2023.

(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 183.

183. (1) Any Magistrate of the District in which the information about commission of

any offence has been registered, 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 but

before the commencement of the inquiry or trial:

Provided that any confession or statement made under this sub-section may also be

recorded by audio-video electronic means in the presence of the advocate of the person

accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any

power of a Magistrate has been conferred under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person

making it that he is not bound to make a confession and that, if he does so, it may be used

as evidence against him; and the Magistrate shall not record any such confession unless,

upon questioning the person making it, he has reason to believe that it is being made

voluntarily.

(3) If at any time before the confession is recorded, the person appearing before the

Magistrate states that he is not willing to make the confession, the Magistrate shall not

authorise the detention of such person in police custody.

(4) Any such confession shall be recorded in the manner provided in section 316 for

recording the examination of an accused person and shall be signed by the person making

the confession; and the Magistrate shall make a memorandum at the foot of such record to

the following effect:—

"I have explained to (name) that he is not bound to make a confession and that,

if he does so, any confession he may make may be used as evidence against him and

I believe that this confession was voluntarily made. It was taken in my presence and

hearing, and was read over to the person making it and admitted by him to be correct,

and it contains a full and true account of the statement made by him.

(Signed) A. B.

Magistrate.".

(5) Any statement (other than a confession) made under sub-section (1) shall be

recorded in such manner hereinafter provided for the recording of evidence as is, in the

opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate

shall have power to administer oath to the person whose statement is so recorded.

(6) (a) In cases punishable under section 64, section 65, section 66, section 67,

section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,

section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate

shall record the statement of the person against whom such offence has been committed in

the manner specified in sub-section (5), as soon as the commission of the offence is brought

to the notice of the police:

Provided that such statement shall, as far as practicable, be recorded by a woman

Magistrate and in her absence by a male Magistrate in the presence of a woman:

Provided further that in cases relating to the offences punishable with imprisonment

for ten years or more or with imprisonment for life or with death, the Magistrate shall record

the statement of the witness brought before him by the police officer:

Provided also 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 also 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 recorded through audio-video electronic means

preferably by mobile phone;

(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 142 of the Bharatiya Sakshya Adhiniyam, 2023

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.

(7) 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.

184. (1) Where, during the stage when an offence of committing rape or attempt to

commit rape is under investigation, it is proposed to get the person of the woman with

whom rape is alleged or attempted to have been committed or attempted, examined by a

medical expert, such examination shall be conducted by a registered medical practitioner

employed in a hospital run by the Government or a local authority and in the absence of

such a practitioner, by any other registered medical practitioner, with the consent of such

woman or of a person competent to give such consent on her behalf and such woman shall

be sent to such registered medical practitioner within twenty-four hours from the time of

receiving the information relating to the commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent, shall, without

delay, examine her person and prepare a report of his examination giving the following

particulars, namely:—

(i) the name and address of the woman and of the person by whom she was

brought;

(ii) the age of the woman;

(iii) the description of material taken from the person of the woman for

DNA profiling;

(iv) marks of injury, if any, on the person of the woman;

(v) general mental condition of the woman; and

(vi) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The report shall specifically record that the consent of the woman or of the person

competent to give such consent on her behalf to such examination had been obtained.

(5) The exact time of commencement and completion of the examination shall also be

noted in the report.

(6) The registered medical practitioner shall, within a period of seven days forward

the report to the investigating officer who shall forward it to the Magistrate referred to in

section 193 as part of the documents referred to in clause (a) of sub-section (6) of that

section.

(7) Nothing in this section shall be construed as rendering lawful any examination

without the consent of the woman or of any person competent to give such consent on her

behalf.

Explanation.—For the purposes of this section, "examination" and "registered

medical practitioner" shall have the same meanings as respectively assigned to them in

section 51.

185. (1) Whenever an officer in charge of a police station or a police officer making an

investigation has reasonable grounds for believing that anything necessary for the purposes

of an investigation into any offence which he is authorised to investigate may be found in

any place within the limits of the police station of which he is in charge, or to which he is

attached, and that such thing cannot in his opinion be otherwise obtained without undue

delay, such officer may, after recording in writing the grounds of his belief in the case-diary

and specifying in such writing, so far as possible, the thing for which search is to be made,

search, or cause search to be made, for such thing in any place within the limits of such

station.

(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the

search in person:

Provided that the search conducted under this section shall be recorded through

audio-video electronic means preferably by mobile phone.

(3) If he is unable to conduct the search in person, and there is no other person

competent to make the search present at the time, he may, after recording in writing his

reasons for so doing, require any officer subordinate to him to make the search, and he shall

deliver to such subordinate officer an order in writing, specifying the place to be searched,

and so far as possible, the thing for which search is to be made; and such subordinate

officer may thereupon search for such thing in such place.

(4) The provisions of this Sanhita as to search-warrants and the general provisions as

to searches contained in section 103 shall, so far as may be, apply to a search made under

this section.

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith,

but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take

cognizance of the offence, and the owner or occupier of the place searched shall, on

application, be furnished, free of cost, with a copy of the same by the Magistrate.

186. (1) An officer in charge of a police station or a police officer not being below the

rank of sub-inspector making an investigation may require an officer in charge of another

police station, whether in the same or a different district, to cause a search to be made in any

place, in any case in which the former officer might cause such search to be made, within the

limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of

section 185, and shall forward the thing found, if any, to the officer at whose request the

search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an

officer in charge of another police station to cause a search to be made under

sub-section (1) might result in evidence of the commission of an offence being concealed or

destroyed, it shall be lawful for an officer in charge of a police station or a police officer

making any investigation under this Chapter to search, or cause to be searched, any place

in the limits of another police station in accordance with the provisions of section 185, as if

such place were within the limits of his own police station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice

of the search to the officer in charge of the police station within the limits of which such

place is situate, and shall also send with such notice a copy of the list (if any) prepared

under section 103, and shall also send to the nearest Magistrate empowered to take

cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of

section 185.

(5) The owner or occupier of the place searched shall, on application, be furnished

free of cost with a copy of any record sent to the Magistrate under sub-section (4).

187. (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 58, 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 Magistrate a copy of the entries in the diary hereinafter specified 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,

irrespective of whether he has or has no jurisdiction to try the case, after taking into

consideration whether such person has not been released on bail or his bail has been

cancelled, authorise, from time to time, the detention of the accused in such custody as

such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at

any time during the initial forty days or sixty days out of detention period of sixty days or

ninety days, as the case may be, as provided in sub-section (3), 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.

(3) The Magistrate may authorise the detention of the accused person, 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

sub-section 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 ten years or more;

(ii) sixty days, where the investigation relates to any other offence,

and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the

accused person shall be released on bail if he is prepared to and does furnish bail, and every

person released on bail under this sub-section shall be deemed to be so released under the

provisions of Chapter XXXV for the purposes of that Chapter.

(4) No Magistrate shall authorise detention of the accused in custody of the police

under this section unless the accused is produced before him in person for the first time and

subsequently every time till the accused remains in the custody of the police, but the

Magistrate may extend further detention in judicial custody on production of the accused

either in person or through the audio-video electronic means.

(5) No Magistrate of the second class, not specially empowered in this behalf by the

High Court, shall authorise detention in the custody of the police.

Explanation I.—For the avoidance of doubts, it is hereby declared that,

notwithstanding the expiry of the period specified in sub-section (3), the accused shall be

detained in custody so long as he does not furnish bail.

Explanation II.—If any question arises whether an accused person was produced

before the Magistrate as required under sub-section (4), the production of the accused

person may be proved by his signature on the order authorising detention or by the order

certified by the Magistrate as to production of the accused person through the audio-video

electronic means, as the case may be:

Provided that in case of a woman under eighteen years of age, the detention shall be

authorised to be in the custody of a remand home or recognised social institution:

Provided further that no person shall be detained otherwise than in police station

under police custody or in prison under judicial custody or a place declared as prison by the

Central Government or the State Government.

(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the

officer in charge of the police station or the police officer making the investigation, if he is

not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to

the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred,

a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the

same time, forward the accused to such Executive Magistrate, and thereupon such Executive

Magistrate, may, for reasons to be recorded in writing, authorise the detention of the

accused person in such custody as he may think fit for a term not exceeding seven days in

the aggregate; and, on the expiry of the period of detention so authorised, the accused

person shall be released on bail except where an order for further detention of the accused

person has been made by a Magistrate competent to make such order; and, where an order

for such further detention is made, the period during which the accused person was detained

in custody under the orders made by an Executive Magistrate under this sub-section, shall

be taken into account in computing the period specified in sub-section (3):

Provided that before the expiry of the period aforesaid, the Executive Magistrate shall

transmit to the nearest Judicial Magistrate the records of the case together with a copy of

the entries in the diary relating to the case which was transmitted to him by the officer in

charge of the police station or the police officer making the investigation, as the case may

be.

(7) A Magistrate authorising under this section detention in the custody of the police

shall record his reasons for so doing.

(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall

forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.

(9) If in any case triable by a Magistrate as a summons-case, the investigation is not

concluded within a period of six months from the date on which the accused was arrested,

the Magistrate shall make an order stopping further investigation into the offence unless

the officer making the investigation satisfies the Magistrate that for special reasons and in

the interests of justice the continuation of the investigation beyond the period of six

months is necessary.

(10) Where any order stopping further investigation into an offence has been made

under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to

him or otherwise, that further investigation into the offence ought to be made, vacate the

order made under sub-section (9) and direct further investigation to be made into the

offence subject to such directions with regard to bail and other matters as he may specify.

188. 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.

189. 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 or bail bond, 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.

190. (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:

Provided that if the accused is not in custody, the police officer shall take security

from such person for his appearance before the Magistrate and the Magistrate to whom

such report is forwarded shall not refuse to accept the same on the ground that the accused

is not taken in custody.

(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.

191. No complainant or witness on his way to any Court shall be required to accompany

a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required

to give any security for his appearance other than his own bond:

Provided that if any complainant or witness refuses to attend or to execute a bond as

directed in section 190, 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.

192. (1) Every police officer making an investigation under this Chapter shall day by

day enter his proceedings in the investigation in a diary, setting forth the time at which the

information reached him, the time at which he began and closed his investigation, the place

or places visited by him, and a statement of the circumstances ascertained through his

investigation.

(2) The statements of witnesses recorded during the course of investigation under

section 180 shall be inserted in the case diary.

(3) The diary referred to in sub-section (1) shall be a volume and duly paginated.

(4) 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.

(5) 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 148

or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply.

193. (1) Every investigation under this Chapter shall be completed without

unnecessary delay.

(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71

of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection

of Children from Sexual Offences Act, 2012 shall be completed within two months from the

date on which the information was recorded by the officer in charge of the police station.

(3) (i) As soon as the investigation is completed, the officer in charge of the police

station shall forward, including through electronic communication to a Magistrate empowered

to take cognizance of the offence on a police report, a report in the form as the State

Government may, by rules provide, stating—

(a) the names of the parties;

(b) the nature of the information;

of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether the accused has been released on his bond or bail bond;

(g) whether the accused has been forwarded in custody under section 190;

(h) whether the report of medical examination of the woman has been attached

where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or

section 71 of the Bharatiya Nyaya Sanhita, 2023;

(i) the sequence of custody in case of electronic device;

(ii) the police officer shall, within a period of ninety days, inform the progress of the

investigation by any means including through electronic communication to the informant

or the victim;

(iii) the officer shall also communicate, in such manner as the State Government may,

by rules, provide, the action taken by him, to the person, if any, by whom the information

relating to the commission of the offence was first given.

(4) Where a superior officer of police has been appointed under section 177, the

report shall, in any case in which the State Government by general or special order so

directs, be submitted through that officer, and he may, pending the orders of the Magistrate,

direct the officer in charge of the police station to make further investigation.

(5) Whenever it appears from a report forwarded under this section that the accused

has been released on his bond or bail bond, the Magistrate shall make such order for the

discharge of such bond or bail bond or otherwise as he thinks fit.

(6) When such report is in respect of a case to which section 190 applies, the police

officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes

to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 180 of all the persons whom the

prosecution proposes to examine as its witnesses.

(7) If the police officer is of opinion that any part of any such statement is not relevant

to the subject matter of the proceedings or that its disclosure to the accused is not essential

in the interests of justice and is inexpedient in the public interest, he shall indicate that part

of the statement and append a note requesting the Magistrate to exclude that part from the

copies to be granted to the accused and stating his reasons for making such request.

(8) Subject to the provisions contained in sub-section (7), the police officer

investigating the case shall also submit such number of copies of the police report along

with other documents duly indexed to the Magistrate for supply to the accused as required

under section 230:

Provided that supply of report and other documents by electronic communication

shall be considered as duly served.

(9) Nothing in this section shall be deemed to preclude further investigation in respect

of an offence after a report under sub-section (3) has been forwarded to the Magistrate and,

where upon such investigation, the officer in charge of the police station obtains further

evidence, oral or documentary, he shall forward to the Magistrate a further report or reports

regarding such evidence in the form as the State Government may, by rules, provide; and

the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such

report or reports as they apply in relation to a report forwarded under sub-section (3):

Provided that further investigation during the trial may be conducted with the

permission of the Court trying the case and the same shall be completed within a period of

ninety days which may be extended with the permission of the Court.

194. (1) When the officer in charge of a police station or some other police officer

specially empowered by the State Government in that behalf receives information that a

person has committed suicide, or has been killed by another or by an animal or by machinery

or by an accident, or has died under circumstances raising a reasonable suspicion that

some other person has committed an offence, he shall immediately give intimation thereof

to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise

directed by any rule made by the State Government, or by any general or special order of the

District or Sub-divisional Magistrate, shall proceed to the place where the body of such

deceased person is, and there, in the presence of two or more respectable inhabitants of the

neighbourhood, shall make an investigation, and draw up a report of the apparent cause of

death, describing such wounds, fractures, bruises, and other marks of injury as may be

found on the body, and stating in what manner, or by what weapon or instrument

(if any), such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many

of them as concur therein, and shall be forwarded to the District Magistrate or the

Sub-divisional Magistrate within twenty-four hours.

(3) When—

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage

in any circumstances raising a reasonable suspicion that some other person committed

an offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage

and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do,

he shall, subject to such rules as the State Government may prescribe in this behalf, forward

the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified

medical person appointed in this behalf by the State Government, if the state of the weather

and the distance admit of its being so forwarded without risk of such putrefaction on the

road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District

Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially

empowered in this behalf by the State Government or the District Magistrate.

195. (1) A police officer proceeding under section 194 may, by order in writing, summon

two or more persons as aforesaid for the purpose of the said investigation, and any other

person who appears to be acquainted with the facts of the case and every person so

summoned shall be bound to attend and to answer truly all questions other than questions

the answers to which would have a tendency to expose him to a criminal charge or to a

penalty or forfeiture:

Provided that no male person under the age of fifteen years or above the age of sixty

years or a woman or a mentally or physically disabled person or a person with acute illness

shall be required to attend at any place other than the place where such person resides:

Provided further that if such person is willing to attend and answer at the police

station, such person may be permitted so to do.

(2) If the facts do not disclose a cognizable offence to which section 190 applies, such

persons shall not be required by the police officer to attend a Magistrate's Court.

196. (1) When the case is of the nature referred to in clause (i) or clause (ii) of

sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall,

and in any other case mentioned in sub-section (1) of section 194, any Magistrate so

empowered may hold an inquiry into the cause of death either instead of, or in addition to,

the investigation held by the police officer; and if he does so, he shall have all the powers

in conducting it which he would have in holding an inquiry into an offence.

(2) Where,—

(a) any person dies or disappears; or

(b) rape is alleged to have been committed on any woman,

while such person or woman is in the custody of the police or in any other custody authorised

by the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation

held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction

the offence has been committed.

(3) The Magistrate holding such an inquiry shall record the evidence taken by him in

connection therewith in any manner hereinafter specified according to the circumstances of

the case.

(4) Whenever such Magistrate considers it expedient to make an examination of the

dead body of any person who has been already interred, in order to discover the cause of

his death, the Magistrate may cause the body to be disinterred and examined.

(5) Where an inquiry is to be held under this section, the Magistrate shall, wherever

practicable, inform the relatives of the deceased whose names and addresses are known,

and shall allow them to remain present at the inquiry.

(6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry

or investigation under sub-section (2) shall, within twenty-four hours of the death of a

person, forward the body with a view to its being examined to the nearest Civil Surgeon or

other qualified medical person appointed in this behalf by the State Government, unless it

is not possible to do so for reasons to be recorded in writing.

Explanation.—In this section, the expression "relative" means parents, children,

brothers, sisters and spouse.

CHAPTER XIV

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

197. Every offence shall ordinarily be inquired into and tried by a Court within whose

local jurisdiction it was committed.

198. (a) When it is uncertain in which of several local areas an offence was

committed; or

(b) where an offence is committed partly in one local area and partly in another; or

areas than one; or

(d) where it consists of several acts done in different local areas,

it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

199. When an act is an offence by reason of anything which has been done and of a

consequence which has ensued, the offence may be inquired into or tried by a Court within

whose local jurisdiction such thing has been done or such consequence has ensued.

200. When an act is an offence by reason of its relation to any other act which is also

an offence or which would be an offence if the doer were capable of committing an offence,

the first-mentioned offence may be inquired into or tried by a Court within whose local

jurisdiction either act was done.

201. (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of

dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose

local jurisdiction the offence was committed or the accused person is found.

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried

by a Court within whose local jurisdiction the person was kidnapped or abducted or was

conveyed or concealed or detained.

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court

within whose local jurisdiction the offence was committed or the stolen property which is

the subject of the offence was possessed by any person committing it or by any person

who received or retained such property knowing or having reason to believe it to be stolen

property.

(4) Any offence of criminal misappropriation or of criminal breach of trust may be

inquired into or tried by a Court within whose local jurisdiction the offence was committed

or any part of the property which is the subject of the offence was received or retained, or

was required to be returned or accounted for, by the accused person.

(5) Any offence which includes the possession of stolen property may be inquired

into or tried by a Court within whose local jurisdiction the offence was committed or the

stolen property was possessed by any person who received or retained it knowing or

having reason to believe it to be stolen property.

202. (1) Any offence which includes cheating, may, if the deception is practised by

means of electronic communications or letters or telecommunication messages, be inquired

into or tried by any Court within whose local jurisdiction such electronic communications

or letters or messages were sent or were received; and any offence of cheating and

dishonestly inducing delivery of property may be inquired into or tried by a Court within

whose local jurisdiction the property was delivered by the person deceived or was received

by the accused person.

(2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023

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, or the wife

by the first marriage has taken up permanent residence after the commission of the offence.

203. 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.

204. 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 242, section 243 or section 244; 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 246,

the offences may be inquired into or tried by any Court competent to inquire into or try any

of the offences.

205. Notwithstanding anything contained in the preceding provisions of this Chapter,

the State Government may direct that any case or class of cases committed for trial in any

district may be tried in any sessions division:

Provided that such direction is not repugnant to any direction previously issued by

the High Court or the Supreme Court under the Constitution, or under this Sanhita or any

other law for the time being in force.

206. 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.

207. (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 197 to 205 (both

inclusive), or any other law for the time being in force, be inquired into or tried within such

jurisdiction but is under any law for the time being in force triable in India, such Magistrate

may inquire into the offence as if it had been committed within such local jurisdiction and

compel such person in the manner hereinbefore provided to appear before him, and send

such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if

such offence is not punishable with death or imprisonment for life and such person is

ready and willing to give bail to the satisfaction of the Magistrate acting under this

section, take a bond or bail bond for his appearance before the Magistrate having such

jurisdiction.

(2) When there are more Magistrates than one having such jurisdiction and the

Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before

whom such person should be sent or bound to appear, the case shall be reported for the

orders of the High Court.

208. When an offence is committed outside India—

(a) by a citizen of India, whether on the high seas or elsewhere; or

(b) by a person, not being such citizen, on any ship or aircraft registered in

India,

he may be dealt with in respect of such offence as if it had been committed at any place

within India at which he may be found or where the offence is registered in India:

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.

209. When any offence alleged to have been committed in a territory outside India is

being inquired into or tried under the provisions of section 208, the Central Government

may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in

physical form or in electronic form, 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.

CHAPTER XV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

210. (1) Subject to the provisions of this Chapter, any Magistrate of the first class,

and any Magistrate of the second class specially empowered in this behalf under

sub-section (2), may take cognizance of any offence—

(a) upon receiving a complaint of facts, including any complaint filed by a

person authorised under any special law, which constitutes such offence;

(b) upon a police report (submitted in any mode including electronic mode) of

such facts;

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

211. When a Magistrate takes cognizance of an offence under clause (c) of

sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed

that he is entitled to have the case inquired into or tried by another Magistrate, and if the

accused or any of the accused, if there be more than one, objects to further proceedings

before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate

as may be specified by the Chief Judicial Magistrate in this behalf.

212. (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence,

make over the case for inquiry or trial to any competent Magistrate subordinate to him.

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial

Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial

to such other competent Magistrate as the Chief Judicial Magistrate may, by general or

special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

213. Except as otherwise expressly provided by this Sanhita 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

Sanhita.

214. An Additional 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.

215. (1) No Court shall take cognizance—

(a) (i) of any offence punishable under sections 206 to 223 (both inclusive but

excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or

(ii) of any abetment of, or attempt to commit, such offence; or

(iii) of any criminal conspiracy to commit such offence,

except on the complaint in writing of the public servant concerned or of some other public

servant to whom he is administratively subordinate or of some other public servant who is

authorised by the concerned public servant so to do;

(b) (i) of any offence punishable under any of the following sections of the

Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237,

242 to 248 (both inclusive) and 267, when such offence is alleged to have been

committed in, or in relation to, any proceeding in any Court; or

(ii) of any offence described in sub-section (1) of section 336, or punishable

under sub-section (2) of section 340 or section 342 of the said Sanhita, 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 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 or by some other public

servant who has been authorised to do so by him under clause (a) of sub-section (1), any

authority to which he is administratively subordinate or who has authorised such public

servant, 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 or State Act if

declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be

subordinate to the Court to which appeals ordinarily lie from the appealable decrees or

sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal

ordinarily lies, to the Principal Court having ordinary original civil jurisdiction within whose

local jurisdiction such Civil Court is situate:

Provided that—

(a) where appeals lie to more than one Court, the Appellate Court of inferior

jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be

deemed to be subordinate to the Civil or Revenue Court according to the nature of the

case or proceeding in connection with which the offence is alleged to have been

committed.

216. A witness or any other person may file a complaint in relation to an offence

under section 232 of the Bharatiya Nyaya Sanhita, 2023.

217. (1) No Court shall take cognizance of—

(a) any offence punishable under Chapter VII or under section 196, section 299

or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or

(b) a criminal conspiracy to commit such offence; or

Sanhita, 2023,

except with the previous sanction of the Central Government or of the State Government.

(2) No Court shall take cognizance of—

(a) any offence punishable under section 197 or sub-section (2) or

sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or

(b) a criminal conspiracy to commit such offence,

except with the previous sanction of the Central Government or of the State Government or

of the District Magistrate.

(3) No Court shall take cognizance of the offence of any criminal conspiracy punishable

under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a

criminal conspiracy to commit an offence punishable with death, imprisonment for life or

rigorous imprisonment for a term of two years or upwards, unless the State Government or

the District Magistrate has consented in writing to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the provisions of

section 215 apply, no such consent shall be necessary.

(4) The Central Government or the State Government may, before according sanction

under sub-section (1) or sub-section (2) and the District Magistrate may, before according

sanction under sub-section (2) and the State Government or the District Magistrate may,

before giving consent under sub-section (3), order a preliminary investigation by a police

officer not being below the rank of Inspector, in which case such police officer shall have

the powers referred to in sub-section (3) of section 174.

218. (1) When any person who is or was a Judge or Magistrate or a public servant not

removable from his office save by or with the sanction of the Government is accused of any

offence alleged to have been committed by him while acting or purporting to act in the

discharge of his official duty, no Court shall take cognizance of such offence except with the

previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—

(a) in the case of a person who is employed or, as the case may be, was at the

time of commission of the alleged offence employed, in connection with the affairs of

the Union, of the Central Government;

(b) in the case of a person who is employed or, as the case may be, was at the

time of commission of the alleged offence employed, in connection with the affairs of

a State, of the State Government:

Provided that where the alleged offence was committed by a person referred to in

clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the

Constitution was in force in a State, clause (b) will apply as if for the expression "State

Government" occurring therein, the expression "Central Government" were substituted:

Provided further that such Government shall take a decision within a period of one

hundred and twenty days from the date of the receipt of the request for sanction and in case

it fails to do so, the sanction shall be deemed to have been accorded by such Government:

Provided also that no sanction shall be required in case of a public servant accused of

any offence alleged to have been committed under section 64, section 65, section 66,

section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77,

section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya

Sanhita, 2023.

(2) No Court shall take cognizance of any offence alleged to have been committed by

any member of the Armed Forces of the Union while acting or purporting to act in the

discharge of his official duty, except with the previous sanction of the Central Government.

(3) The State Government may, by notification, direct that the provisions of

sub-section (2) shall apply to such class or category of the members of the Forces charged

with the maintenance of public order as may be specified therein, wherever they may be

serving, and thereupon the provisions of that sub-section will apply as if for the expression

"Central Government" occurring therein, the expression "State Government" were

substituted.

(4) Notwithstanding anything contained in sub-section (3), no Court shall take

cognizance of any offence, alleged to have been committed by any member of the Forces

charged with the maintenance of public order in a State while acting or purporting to act in

the discharge of his official duty during the period while a Proclamation issued under

clause (1) of article 356 of the Constitution was in force therein, except with the previous

sanction of the Central Government.

(5) The Central Government or the State Government, 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.

219. (1) No Court shall take cognizance of an offence punishable under sections 81 to

84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by

some person aggrieved by the offence:

Provided that—

(a) where such person is a child, or is of unsound mind or is having intellectual

disability requiring higher support needs, or is from sickness or infirmity unable to

make a complaint, or is a woman who, according to the local customs and manners,

ought not to be compelled to appear in public, some other person may, with the leave

of the Court, make a complaint on his or her behalf;

(b) where such person is the husband and he is serving in any of the Armed

Forces of the Union under conditions which are certified by his Commanding Officer

as precluding him from obtaining leave of absence to enable him to make a complaint

in person, some other person authorised by the husband in accordance with the

provisions of sub-section (4) may make a complaint on his behalf;

the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf

by her father, mother, brother, sister, son or daughter or by her father's or mother's

brother or sister, or, with the leave of the Court, by any other person related to her by

blood, marriage or adoption.

(2) For the purposes of sub-section (1), no person other than the husband of the

woman shall be deemed to be aggrieved by any offence punishable under section 84 of the

Bharatiya Nyaya Sanhita, 2023.

(3) When in any case falling under clause (a) of the proviso to sub-section (1), the

complaint is sought to be made on behalf of a child or of a person of unsound mind by a

person who has not been appointed or declared by a competent authority to be the guardian

of the child, or of the person of unsound mind, and the Court is satisfied that there is a

guardian so appointed or declared, the Court shall, before granting the application for

leave, cause notice to be given to such guardian and give him a reasonable opportunity of

being heard.

(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall

be in writing, shall be signed or otherwise attested by the husband, shall contain a statement

to the effect that he has been informed of the allegations upon which the complaint is to be

founded, shall be countersigned by his Commanding Officer, and shall be accompanied by

a certificate signed by that Officer to the effect that leave of absence for the purpose of

making a complaint in person cannot for the time being be granted to the husband.

(5) Any document purporting to be such an authorisation and complying with the

provisions of sub-section (4), and any document purporting to be a certificate required by

that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall

be received in evidence.

(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya

Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his

own wife, the wife being under eighteen years of age, if more than one year has elapsed from

the date of the commission of the offence.

(7) The provisions of this section apply to the abetment of, or attempt to commit, an

offence as they apply to the offence.

220. No Court shall take cognizance of an offence punishable under section 85 of the

Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such

offence or upon a complaint made by the person aggrieved by the offence or by her father,

mother, brother, sister or by her father's or mother's brother or sister or, with the leave of the

Court, by any other person related to her by blood, marriage or adoption.

221. No Court shall take cognizance of an offence punishable under section 67 of the

Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon

prima facie satisfaction of the facts which constitute the offence upon a complaint having

been filed or made by the wife against the husband.

222. (1) No Court shall take cognizance of an offence punishable under section 356 of

the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved

by the offence:

Provided that where such person is a child, or is of unsound mind or is having

intellectual disability or is from sickness or infirmity unable to make a complaint, or is a

woman who, according to the local customs and manners, ought not to be compelled to

appear in public, some other person may, with the leave of the Court, make a complaint on

his or her behalf.

(2) Notwithstanding anything contained in this Sanhita, when any offence falling

under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed

against a person who, at the time of such commission, is the President of India, the

Vice-President of India, the Governor of a State, the Administrator of a Union territory or a

Minister of the Union or of a State or of a Union territory, or any other public servant

employed in connection with the affairs of the Union or of a State in respect of his conduct

in the discharge of his public functions, a Court of Session may take cognizance of such

offence, without the case being committed to it, upon a complaint in writing made by the

Public Prosecutor.

(3) Every complaint referred to in sub-section (2) shall set forth the facts which

constitute the offence alleged, the nature of such offence and such other particulars as are

reasonably sufficient to give notice to the accused of the offence alleged to have been

committed by him.

(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except

with the previous sanction—

(a) of the State Government,—

(i) in the case of a person who is or has been the Governor of that State or

a Minister of that Government;

(ii) in the case of any other public servant employed in connection with

the affairs of the State;

(b) of the Central Government, in any other case.

(5) No Court of Session shall take cognizance of an offence under sub-section (2)

unless the complaint is made within six months from the date on which the offence is alleged

to have been committed.

(6) Nothing in this section shall affect the right of the person against whom the

offence is alleged to have been committed, to make a complaint in respect of that offence

before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance

of the offence upon such complaint.

CHAPTER XVI

COMPLAINTS TO MAGISTRATES

223. (1) A Magistrate having jurisdiction while 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 no cognizance of an offence shall be taken by the Magistrate without

giving the accused an opportunity of being heard:

Provided further 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 212:

Provided also that if the Magistrate makes over the case to another Magistrate under

section 212 after examining the complainant and the witnesses, the latter Magistrate need

not re-examine them.

(2) A Magistrate shall not take cognizance on a complaint against a public servant for

any offence alleged to have been committed in course of the discharge of his official

functions or duties unless—

(a) such public servant is given an opportunity to make assertions as to the

situation that led to the incident so alleged; and

(b) a report containing facts and circumstances of the incident from the officer

superior to such public servant is received.

224. If the complaint is made to a Magistrate who is not competent to take cognizance

of the offence, he shall,—

(a) if the complaint is in writing, return it for presentation to the proper Court

with an endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

225. (1) Any Magistrate, on receipt of a complaint of an offence of which he is

authorised to take cognizance or which has been made over to him under section 212, may,

if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area

in which he exercises his jurisdiction, postpone the issue of process against the accused,

and either inquire into the case himself or direct an investigation to be made by a police

officer or by such other person as he thinks fit, for the purpose of deciding whether or not

there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made,—

(a) where it appears to the Magistrate that the offence complained of is triable

exclusively by the Court of Session; or

(b) where the complaint has not been made by a Court, unless the complainant

and the witnesses present (if any) have been examined on oath under section 223.

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take

evidence of witnesses on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable

exclusively by the Court of Session, he shall call upon the complainant to produce all his

witnesses and examine them on oath.

(3) If an investigation under sub-section (1) is made by a person not being a police

officer, he shall have for that investigation all the powers conferred by this Sanhita on an

officer in charge of a police station except the power to arrest without warrant.

226. If, after considering the statements on oath (if any) of the complainant and of the

witnesses and the result of the inquiry or investigation (if any) under section 225, the

Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss

the complaint, and in every such case he shall briefly record his reasons for so doing.

CHAPTER XVII

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

227. (1) If in the opinion of a Magistrate taking cognizance of an offence there is

sufficient ground for proceeding, and the case appears to be—

(a) a summons-case, he shall issue summons to the accused for his

attendance; or

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for

causing the accused to be brought or to appear at a certain time before such Magistrate

or (if he has no jurisdiction himself) some other Magistrate having jurisdiction:

Provided that summons or warrants may also be issued through electronic means.

(2) No summons or warrant shall be issued against the accused under sub-section (1)

until a list of the prosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing, every summons or

warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

(4) When by any law for the time being in force any process-fees or other fees are

payable, no process shall be issued until the fees are paid and, if such fees are not paid

within a reasonable time, the Magistrate may dismiss the complaint.

(5) Nothing in this section shall be deemed to affect the provisions of section 90.

228. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do,

dispense with the personal attendance of the accused and permit him to appear by his

advocate.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any

stage of the proceedings, direct the personal attendance of the accused, and, if necessary,

enforce such attendance in the manner hereinbefore provided.

229. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the

case may be summarily disposed of under section 283 or section 284, the Magistrate shall,

except where he is, for reasons to be recorded in writing of a contrary opinion, issue

summons to the accused requiring him either to appear in person or by an advocate before

the Magistrate on a specified date, or if he desires to plead guilty to the charge without

appearing before the Magistrate, to transmit before the specified date, by post or by

messenger to the Magistrate, the said plea in writing and the amount of fine specified in the

summons or if he desires to appear by an advocate and to plead guilty to the charge

through such advocate, to authorise, in writing, the advocate to plead guilty to the charge

on his behalf and to pay the fine through such advocate:

Provided that the amount of the fine specified in such summons shall not exceed five

thousand rupees.

(2) For the purposes of this section, "petty offence" means any offence punishable

only with fine not exceeding five thousand rupees, but does not include any offence so

punishable under the Motor Vehicles Act, 1988, or under any other law which provides for

convicting the accused person in his absence on a plea of guilty.

(3) The State Government may, by notification, specially empower any Magistrate to

exercise the powers conferred by sub-section (1) in relation to any offence which is

compoundable under section 359 or any offence punishable with imprisonment for a term

not exceeding three months, or with fine, or with both where the Magistrate is of opinion

that, having regard to the facts and circumstances of the case, the imposition of fine only

would meet the ends of justice.

230. In any case where the proceeding has been instituted on a police report, the

Magistrate shall without delay, and in no case beyond fourteen days from the date of

production or appearance of the accused, furnish to the accused and the victim (if represented

by an advocate) free of cost, a copy of each of the following:—

(i) the police report;

(ii) the first information report recorded under section 173;

(iii) the statements recorded under sub-section (3) of section 180 of all persons

whom the prosecution proposes to examine as its witnesses, excluding therefrom any

part in regard to which a request for such exclusion has been made by the police

officer under sub-section (7) of section 193;

(iv) the confessions and statements, if any, recorded under section 183;

(v) any other document or relevant extract thereof forwarded to the Magistrate

with the police report under sub-section (6) of section 193:

Provided that the Magistrate may, after perusing any such part of a statement as is

referred to in clause (iii) and considering the reasons given by the police officer for the

request, direct that a copy of that part of the statement or of such portion thereof as the

Magistrate thinks proper, shall be furnished to the accused:

Provided further that if the Magistrate is satisfied that any such document is

voluminous, he shall, instead of furnishing the accused and the victim (if represented by an

advocate) with a copy thereof, may furnish the copies through electronic means or direct

that he will only be allowed to inspect it either personally or through an advocate in Court:

Provided also that supply of documents in electronic form shall be considered as duly

furnished.

231. Where, in a case instituted otherwise than on a police report, it appears to the

Magistrate issuing process under section 227 that the offence is triable exclusively by the

Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy

of each of the following:—

(i) the statements recorded under section 223 or section 225, of all persons

examined by the Magistrate;

(ii) the statements and confessions, if any, recorded under section 180 or

section 183;

(iii) any documents produced before the Magistrate on which the prosecution

proposes to rely:

Provided that if the Magistrate is satisfied that any such document is voluminous, he

shall, instead of furnishing the accused with a copy thereof, direct that he will only be

allowed to inspect it either personally or through an advocate in Court:

Provided further that supply of documents in electronic form shall be considered as

duly furnished.

232. 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—

(a) commit, after complying with the provisions of section 230 or section 231

the case to the Court of Session, and subject to the provisions of this Sanhita relating

to bail, remand the accused to custody until such commitment has been made;

(b) subject to the provisions of this Sanhita relating to bail, remand the accused

to custody during, and until the conclusion of, the trial;

any, which are to be produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of

Session:

Provided that the proceedings under this section shall be completed within a period

of ninety days from the date of taking cognizance, and such period may be extended by the

Magistrate for a period not exceeding one hundred and eighty days for the reasons to be

recorded in writing:

Provided further that any application filed before the Magistrate by the accused or

the victim or any person authorised by such person in a case triable by Court of Session,

shall be forwarded to the Court of Session with the committal of the case.

233. (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 193 and on

such report cognizance of any offence is taken by the Magistrate against any person who

is an accused in the complaint case, the Magistrate shall inquire into or try together the

complaint case and the case arising out of the police report as if both the cases were

instituted on a police report.

(3) If the police report does not relate to any accused in the complaint case or if the

Magistrate does not take cognizance of any offence on the police report, he shall proceed

with the inquiry or trial, which was stayed by him, in accordance with the provisions of this

Sanhita.

CHAPTER XVIII

THE CHARGE

A.—Form of charges

234. (1) Every charge under this Sanhita shall state the offence with which the accused

is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be

described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of

the definition of the offence must be stated as to give the accused notice of the matter with

which he is charged.

(4) The law and section of the law against which the offence is said to have been

committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal

condition required by law to constitute the offence charged was fulfilled in the particular

case.

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by

reason of such previous conviction, to enhanced punishment, or to punishment of a different

kind, for a subsequent offence, and it is intended to prove such previous conviction for the

purpose of affecting the punishment which the Court may think fit, to award for the

subsequent offence, the fact, date and place of the previous conviction shall be stated in

the charge; and if such statement has been omitted, the Court may add it at any time before

sentence is passed.

Illustrations.

(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell

within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya

Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita;

and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did

fall within Exception 1, one or other of the three provisos to that exception applied to it.

(b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya

Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for

shooting. This is equivalent to a statement that the case was not provided for by

sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not

apply to it.

a false property-mark. The charge may state that A committed murder, or

cheating, or theft, or extortion, or criminal intimidation, or that he used a false propertymark,

without reference to the definitions, of those crimes contained in the Bharatiya Nyaya

Sanhita, 2023; but the sections under which the offence is punishable must, in each instance

be referred to in the charge.

(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with

intentionally obstructing a sale of property offered for sale by the lawful authority of a

public servant. The charge should be in those words.

235. (1) The charge shall contain such particulars as to the time and place of the

alleged offence, and the person (if any) against whom, or the thing (if any) in respect of

which, it was committed, as are reasonably sufficient to give the accused notice of the

matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest

misappropriation of money or other movable property, it shall be sufficient to specify the

gross sum or, as the case may be, describe the movable property in respect of which the

offence is alleged to have been committed, and the dates between which the offence is

alleged to have been committed, without specifying particular items or exact dates, and the

charge so framed shall be deemed to be a charge of one offence within the meaning of

section 242:

Provided that the time included between the first and last of such dates shall not

exceed one year.

236. When the nature of the case is such that the particulars mentioned in

sections 234 and 235 do not give the accused sufficient notice of the matter with which he

is charged, the charge shall also contain such particulars of the manner in which the alleged

offence was committed as will be sufficient for that purpose.

Illustrations.

(a) A is accused of the theft of a certain article at a certain time and place. The charge

need not set out the manner in which the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge must set out the

manner in which A cheated B.

set out that portion of the evidence given by A which is alleged to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of his public

functions at a given time and place. The charge must set out the manner in which

A obstructed B in the discharge of his functions.

(e) A is accused of the murder of B at a given time and place. The charge need not

state the manner in which A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save B from

punishment. The charge must set out the disobedience charged and the law infringed.

237. In every charge words used in describing an offence shall be deemed to have

been used in the sense attached to them respectively by the law under which such offence

is punishable.

238. No error in stating either the offence or the particulars required to be stated in the

charge, and no omission to state the offence or those particulars, shall be regarded at any

stage of the case as material, unless the accused was in fact misled by such error or omission,

and it has occasioned a failure of justice.

Illustrations.

(a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with "having

been in possession of counterfeit coin, having known at the time when he became possessed

thereof that such coin was counterfeit," the word "fraudulently" being omitted in the charge.

Unless it appears that A was in fact misled by this omission, the error shall not be regarded

as material.

(b) A is charged with cheating B, and the manner in which he cheated B is not set out

in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own

account of the transaction. The Court may infer from this that the omission to set out the

manner of the cheating is not material.

in the charge. There were many transactions between A and B, and A had no means of

knowing to which of them the charge referred, and offered no defence. The Court may infer

from such facts that the omission to set out the manner of the cheating was, in the case, a

material error.

(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the

murdered person's name was Haidar Baksh, and the date of the murder was

the 20th January, 2023. A was never charged with any murder but one, and had heard the

inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The

Court may infer from these facts that A was not misled, and that the error in the charge was

immaterial.

(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and

Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. 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.

239. (1) Any Court may alter or add to any charge at any time before judgment is

pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

(3) If the alteration or addition to a charge is such that proceeding immediately with

the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or

the prosecutor in the conduct of the case, the Court may, in its discretion, after such

alteration or addition has been made, proceed with the trial as if the altered or added charge

had been the original charge.

(4) If the alteration or addition is such that proceeding immediately with the trial is

likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid,

the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

(5) If the offence stated in the altered or added charge is one for the prosecution of

which previous sanction is necessary, the case shall not be proceeded with until such

sanction is obtained, unless sanction has been already obtained for a prosecution on the

same facts as those on which the altered or added charge is founded.

240. Whenever a charge is altered or added to by the Court after the commencement

of the trial, the prosecutor and the accused shall be allowed—

(a) to recall or re-summon, and examine with reference to such alteration or

addition, any witness who may have been examined, unless the Court, for reasons to

be recorded in writing, considers that the prosecutor or the accused, as the case may

be, desires to recall or re-examine such witness for the purpose of vexation or delay or

for defeating the ends of justice;

(b) also to call any further witness whom the Court may think to be material.

B.—Joinder of charges

241. (1) For every distinct offence of which any person is accused there shall be a

separate charge, and every such charge shall be tried separately:

Provided that where the accused person, by an application in writing, so desires and

the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the

Magistrate may try together all or any number of the charges framed against such person.

(2) Nothing in sub-section (1) shall affect the operation of the provisions of

sections 242, 243, 244 and 246.

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.

242. (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 five.

(2) Offences are of the same kind when they are punishable with the same amount of

punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special

or local law:

Provided that for the purposes of this section, an offence punishable under

sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be

an offence of the same kind as an offence punishable under section 305 of the said Sanhita,

and that an offence punishable under any section of the said Sanhita, 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.

243. (1) If, in one series of acts so connected together as to form the same transaction,

more offences than one are committed by the same person, he may be charged with, and

tried at one trial for, every such offence.

(2) When a person charged with one or more offences of criminal breach of trust or

dishonest misappropriation of property as provided in sub-section (2) of section 235 or in

sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or

concealing the commission of that offence or those offences, one or more offences of

falsification of accounts, he may be charged with, and tried at one trial for, every such

offence.

(3) If the acts alleged constitute an offence falling within two or more separate definitions

of any law in force for the time being by which offences are defined or punished, the person

accused of them may be charged with, and tried at one trial for, each of such offences.

(4) If several acts, of which one or more than one would by itself or themselves

constitute an offence, constitute when combined a different offence, the person accused of

them may be charged with, and tried at one trial for the offence constituted by such acts

when combined, and for any offence constituted by any one, or more, of such acts.

(5) Nothing contained in this section shall affect section 9 of

the Bharatiya Nyaya Sanhita, 2023.

Illustrations to sub-section (1)

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to

C, a constable in whose custody B was. A may be charged with, and convicted of, offences

under sub-section (2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023.

(b) A commits house-breaking by day with intent to commit rape, and commits, in the

house so entered, rape with B's wife. A may be separately charged with, and convicted of,

offences under section 64 and sub-section (3) of section 331 of the Bharatiya Nyaya

Sanhita, 2023.

to use them for the purpose of committing several forgeries punishable under section 337 of

the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the

possession of each seal under sub-section (2) of section 341 of the Bharatiya

Nyaya Sanhita, 2023.

(d) 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 248 of the Bharatiya Nyaya Sanhita, 2023.

(e) A, with intent to cause injury to B, falsely accuses him of having committed an

offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives

false evidence against B, intending thereby to cause B to be convicted of a capital offence.

A may be separately charged with, and convicted of, offences under sections 230 and 248

of the Bharatiya Nyaya Sanhita, 2023.

(f) 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 sub-section (2) of

section 117, sub-section (2) of section 191 and section 195 of the Bharatiya Nyaya

Sanhita, 2023.

(g) 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 sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya

Sanhita, 2023.

The separate charges referred to in illustrations (a) to (g), respectively, may be tried

at the same time.

Illustrations to sub-section (3)

(h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted

of, offences under sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya

Sanhita, 2023.

(i) Several stolen sacks of corn are made over to A and B, who knew they are stolen

property, for the purpose of concealing them. A and B thereupon voluntarily assist each

other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged

with, and convicted of, offences under sub-sections (2) and (5) of section 317 of the Bharatiya

Nyaya Sanhita, 2023.

(j) A exposes her child with the knowledge that she is thereby likely to cause its death.

The child dies in consequence of such exposure. A may be separately charged with, and

convicted of, offences under sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023.

(k) A dishonestly uses a forged document as genuine evidence, in order to convict B,

a public servant, of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A

may be separately charged with, and convicted of, offences under section 233 and

sub-section (2) of section 340 (read with section 337) of that Sanhita.

Illustration to sub-section (4)

(l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be

separately charged with, and convicted of, offences under sub-section (2) of section 115

and sub-sections (2) and (4) of section 309 of the Bharatiya Nyaya Sanhita, 2023.

244. (1) If a single act or series of acts is of such a nature that it is doubtful which of

several offences the facts which can be proved will constitute, the accused may be charged

with having committed all or any of such offences, and any number of such charges may be

tried at once; or he may be charged in the alternative with having committed someone of the

said offences.

(2) If in such a case the accused is charged with one offence, and it appears in

evidence that he committed a different offence for which he might have been charged under

the provisions of sub-section (1), he may be convicted of the offence which he is shown to

have committed, although he was not charged with it.

Illustrations.

(a) A is accused of an act which may amount to theft, or receiving stolen property, or

criminal breach of trust or cheating. He may be charged with theft, receiving stolen property,

criminal breach of trust and cheating, or he may be charged with having committed theft, or

receiving stolen property, or criminal breach of trust or cheating.

(b) In the case mentioned, A is only charged with theft. It appears that he committed

the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted

of criminal breach of trust or of receiving stolen goods (as the case may be), though he was

not charged with such offence.

Sessions Court A states on oath that B never hit C. A may be charged in the alternative and

convicted of intentionally giving false evidence, although it cannot be proved which of

these contradictory statements was false.

245. (1) When a person is charged with an offence consisting of several particulars,

a combination of some only of which constitutes a complete minor offence, and such

combination is proved, but the remaining particulars are not proved, he may be convicted of

the minor offence, though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it

to a minor offence, he may be convicted of the minor offence, although he is not charged

with it.

(3) When a person is charged with an offence, he may be convicted of an attempt to

commit such offence although the attempt is not separately charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any minor

offence where the conditions requisite for the initiation of proceedings in respect of that

minor offence have not been satisfied.

Illustrations.

(a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya

Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a

carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of

section 316 of that Sanhita in respect of the property, but that it was not entrusted to him

as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2)

of section 316.

(b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya

Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden

provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita.

246. The following persons may be charged and tried together, namely:—

(a) persons accused of the same offence committed in the course of the same

transaction;

(b) persons accused of an offence and persons accused of abetment of, or

attempt to commit, such offence;

meaning of section 242 committed by them jointly within the period of twelve months;

(d) persons accused of different offences committed in the course of the same

transaction;

(e) persons accused of an offence which includes theft, extortion, cheating, or

criminal misappropriation, and persons accused of receiving or retaining, or assisting

in the disposal or concealment of, property possession of which is alleged to have

been transferred by any such offence committed by the first-named persons, or of

abetment of or attempting to commit any such last-named offence;

(f) persons accused of offences under sub-sections (2) and (5) of section 317 of

the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen

property the possession of which has been transferred by one offence;

(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya

Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence

under the said Chapter relating to the same coin, or of abetment of or attempting to

commit any such offence; and the provisions contained in the former part of this

Chapter shall, so far as may be, apply to all such charges:

Provided that where a number of persons are charged with separate offences and

such persons do not fall within any of the categories specified in this section, the Magistrate

or Court of Session may, if such persons by an application in writing, so desire, and if he or

it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient

so to do, try all such persons together.

247. 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.

CHAPTER XIX

TRIAL BEFORE A COURT OF SESSION

248. In every trial before a Court of Session, the prosecution shall be conducted by a

Public Prosecutor.

249. When the accused appears or is brought before the Court, in pursuance of a

commitment of the case under section 232, or under any other law for the time being in force,

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.

250. (1) The accused may prefer an application for discharge within a period of

sixty days from the date of commitment of the case under section 232.

(2) If, upon consideration of the record of the case and the documents submitted

therewith, and after hearing the submissions of the accused and the prosecution in this

behalf, the Judge considers that there is not sufficient ground for proceeding against the

accused, he shall discharge the accused and record his reasons for so doing.

251. (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, or any other Judicial Magistrate of the first class and direct

the accused to appear before the Chief Judicial Magistrate, or 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 within a period of sixty days from the date of first hearing on charge.

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the

charge shall be read and explained to the accused present either physically or through

audio-video electronic means and the accused shall be asked whether he pleads guilty of

the offence charged or claims to be tried.

252. If the accused pleads guilty, the Judge shall record the plea and may, in his

discretion, convict him thereon.

253. If the accused refuses to plead, or does not plead, or claims to be tried or is not

convicted under section 252, the Judge shall fix a date for the examination of witnesses, and

may, on the application of the prosecution, issue any process for compelling the attendance

of any witness or the production of any document or other thing.

254. (1) On the date so fixed, the Judge shall proceed to take all such evidence as may

be produced in support of the prosecution:

Provided that evidence of a witness under this sub-section may be recorded by

audio-video electronic means.

(2) The deposition of evidence of any public servant may be taken through

audio-video electronic means.

(3) The Judge may, in his discretion, permit the cross-examination of any witness to

be deferred until any other witness or witnesses have been examined or recall any witness

for further cross-examination.

255. If, after taking the evidence for the prosecution, examining the accused and

hearing the prosecution and the defence on the point, the Judge considers that there is no

evidence that the accused committed the offence, the Judge shall record an order of acquittal.

256. (1) Where the accused is not acquitted under section 255, he shall be called

upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance

of any witness or the production of any document or thing, the Judge shall issue such

process unless he considers, for reasons to be recorded, that such application should be

refused on the ground that it is made for the purpose of vexation or delay or for defeating

the ends of justice.

257. When the examination of the witnesses (if any) for the defence is complete, the

prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:

Provided that where any point of law is raised by the accused or his advocate, the

prosecution may, with the permission of the Judge, make his submissions with regard to

such point of law.

258. (1) After hearing arguments and points of law (if any), the Judge shall give a

judgment in the case, as soon as possible, within a period of thirty days from the date of

completion of arguments, which may be extended to a period of forty-five days for reasons

to be recorded in writing.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance

with the provisions of section 401, hear the accused on the questions of sentence, and then

pass sentence on him according to law.

259. In a case where a previous conviction is charged under the provisions of

sub-section (7) of section 234, and the accused does not admit that he has been previously

convicted as alleged in the charge, the Judge may, after he has convicted the said accused

under section 252 or section 258, 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 252 or section 258.

260. (1) A Court of Session taking cognizance of an offence under sub-section (2) of

section 222 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, theVice-President

or the Governor of a State or the Administrator of a Union territory) to show cause why he

should not pay compensation to such accused or to each or any of such accused, when

there are more than one.

(4) The Court shall record and consider any cause which may be shown by the person

so directed, and if it is satisfied that there was no reasonable cause for making the accusation,

it may, for reasons to be recorded, make an order that compensation to such amount not

exceeding five thousand rupees, as it may determine, be paid by such person to the accused

or to each or any of them.

(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine

imposed by a Magistrate.

(6) No person who has been directed to pay compensation under sub-section (4)

shall, by reason of such order, be exempted from any civil or criminal liability in respect of

the complaint made under this section:

Provided that any amount paid to an accused person under this section shall be taken

into account in awarding compensation to such person in any subsequent civil suit relating

to the same matter.

(7) The person who has been ordered under sub-section (4) to pay compensation

may appeal from the order, in so far as it relates to the payment of compensation, to the High

Court.

(8) When an order for payment of compensation to an accused person is made, the

compensation shall not be paid to him before the period allowed for the presentation of the

appeal has elapsed, or, if an appeal is presented, before the appeal has been decided.

CHAPTER XX

TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

261. 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 230.

262. (1) The accused may prefer an application for discharge within a period of sixty

days from the date of supply of copies of documents under section 230.

(2) If, upon considering the police report and the documents sent with it under

section 193 and making such examination, if any, of the accused, either physically or through

audio-video electronic means, 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.

263. (1) If, upon such consideration, examination, if any, and hearing, the Magistrate

is of opinion that there is ground for presuming that the accused has committed an offence

triable under this Chapter, which such Magistrate is competent to try and which, in his

opinion, could be adequately punished by him, he shall frame in writing a charge against the

accused within a period of sixty days from the date of first hearing on charge.

(2) The charge shall then be read and explained to the accused, and he shall be asked

whether he pleads guilty of the offence charged or claims to be tried.

264. If the accused pleads guilty, the Magistrate shall record the plea and may, in his

discretion, convict him thereon.

265. (1) If the accused refuses to plead or does not plead, or claims to be tried or the

Magistrate does not convict the accused under section 264, the Magistrate shall fix a date

for the examination of witnesses:

Provided that the Magistrate shall supply in advance to the accused, the statement of

witnesses recorded during investigation by the police.

(2) The Magistrate may, on the application of the prosecution, issue a summons to

any of its witnesses directing him to attend or to produce any document or other thing.

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may

be produced in support of the prosecution:

Provided that the Magistrate may permit the cross-examination of any witness to be

deferred until any other witness or witnesses have been examined or recall any witness for

further cross-examination:

Provided further that the examination of a witness under this sub-section may be

done by audio-video electronic means at the designated place to be notified by the State

Government.

266. (1) The accused shall then be called upon to enter upon his defence and produce

his evidence; and if the accused puts in any written statement, the Magistrate shall file it

with the record.

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to

issue any process for compelling the attendance of any witness for the purpose of examination

or cross-examination, or the production of any document or other thing, the Magistrate

shall issue such process unless he considers that such application should be refused on

the ground that it is made for the purpose of vexation or delay or for defeating the ends of

justice and such ground shall be recorded by him in writing:

Provided that when the accused has cross-examined or had the opportunity of

cross-examining any witness before entering on his defence, the attendance of such witness

shall not be compelled under this section, unless the Magistrate is satisfied that it is

necessary for the ends of justice:

Provided further that the examination of a witness under this sub-section may be

done by audio-video electronic means at the designated place to be notified by the State

Government.

(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.

B.—Cases instituted otherwise than on police report

267. (1) When, in any warrant-case instituted otherwise than on a police report, the

accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the

prosecution and take all such evidence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summons to

any of its witnesses directing him to attend or to produce any document or other thing.

268. (1) If, upon taking all the evidence referred to in section 267, the Magistrate

considers, for reasons to be recorded, that no case against the accused has been made out

which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging

the accused at any previous stage of the case if, for reasons to be recorded by such

Magistrate, he considers the charge to be groundless.

269. (1) If, when such evidence has been taken, or at any previous stage of the case,

the Magistrate is of opinion that there is ground for presuming that the accused has

committed an offence triable under this Chapter, which such Magistrate is competent to try

and which, in his opinion, could be adequately punished by him, he shall frame in writing a

charge against the accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked

whether he pleads guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his

discretion, convict him thereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the

accused is not convicted under sub-section (3), he shall be required to state, at the

commencement of the next hearing of the case, or, if the Magistrate for reasons to be

recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if

so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after

cross-examination and re-examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken,

and after cross-examination and re-examination (if any), they shall also be discharged.

(7) Where, despite giving opportunity to the prosecution and after taking all reasonable

measures under this Sanhita, if the attendance of the prosecution witnesses under

sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that

such witness has not been examined for not being available, and the Magistrate may close

the prosecution evidence for reasons to be recorded in writing and proceed with the case

on the basis of the materials on record.

270. The accused shall then be called upon to enter upon his defence and produce

his evidence; and the provisions of section 266 shall apply to the case.

C.—Conclusion of trial

271. (1) If, in any case under this Chapter in which a charge has been framed, the

Magistrate finds the accused not guilty, he shall record an order of acquittal.

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty,

but does not proceed in accordance with the provisions of section 364 or section 401, he

shall, after hearing the accused on the question of sentence, pass sentence upon him

according to law.

(3) Where, in any case under this Chapter, a previous conviction is charged under the

provisions of sub-section (7) of section 234 and the accused does not admit that he has

been previously convicted as alleged in the charge, the Magistrate may, after he has convicted

the said accused, take evidence in respect of the alleged previous conviction, and shall

record a finding thereon:

Provided that no such charge shall be read out by the Magistrate nor shall the

accused be asked to plead thereto nor shall the previous conviction be referred to by the

prosecution or in any evidence adduced by it, unless and until the accused has been

convicted under sub-section (2).

272. When the proceedings have been instituted upon complaint, and on any day

fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully

compounded or is not a cognizable offence, the Magistrate may after giving thirty days'

time to the complainant to be present, in his discretion, notwithstanding anything

hereinbefore contained, at any time before the charge has been framed, discharge the

accused.

273. (1) If, in any case instituted upon complaint or upon information given to a

police officer or to a Magistrate, one or more persons is or are accused before a Magistrate

of any offence triable by a Magistrate, and the Magistrate by whom the case is heard

discharges or acquits all or any of the accused, and is of opinion that there was no reasonable

ground for making the accusation against them or any of them, the Magistrate may, by his

order of discharge or acquittal, if the person upon whose complaint or information the

accusation was made is present, call upon him forthwith to show cause why he should not

pay compensation to such accused or to each or any of such accused when there are more

than one; or, if such person is not present, direct the issue of a summons to him to appear

and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or

informant may show, and if he is satisfied that there was no reasonable ground for making

the accusation, may, for reasons to be recorded, make an order that compensation to such

amount, not exceeding the amount of fine he is empowered to impose, as he may determine,

be paid by such complainant or informant to the accused or to each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under

sub-section (2), further order that, in default of payment, the person ordered to pay such

compensation shall undergo simple imprisonment for a period not exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the provisions of

sub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be,

apply.

(5) No person who has been directed to pay compensation under this section shall,

by reason of such order, be exempted from any civil or criminal liability in respect of the

complaint made or information given by him:

Provided that any amount paid to an accused person under this section shall be taken

into account in awarding compensation to such person in any subsequent civil suit relating

to the same matter.

(6) A complainant or informant who has been ordered under sub-section (2) by a

Magistrate of the second class to pay compensation exceeding two thousand rupees, may

appeal from the order, as if such complainant or informant had been convicted on a trial held

by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a

case which is subject to appeal under sub-section (6), the compensation shall not be paid to

him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal

is presented, before the appeal has been decided; and where such order is made in a case

which is not so subject to appeal the compensation shall not be paid before the expiration

of one month from the date of the order.

(8) The provisions of this section apply to summons-cases as well as to

warrant-cases.

CHAPTER XXI

TRIAL OF SUMMONS-CASES BY MAGISTRATES

274. 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:

Provided that if the Magistrate considers the accusation as groundless, he shall, after

recording reasons in writing, release the accused and such release shall have the effect of

discharge.

275. If the accused pleads guilty, the Magistrate shall record the plea as nearly as

possible in the words used by the accused and may, in his discretion, convict him thereon.

276. (1) Where a summons has been issued under section 229 and the accused

desires to plead guilty to the charge without appearing before the Magistrate, he shall

transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the

amount of fine specified in the summons.

(2) The Magistrate may, in his discretion, convict the accused in his absence, on his

plea of guilty and sentence him to pay the fine specified in the summons, and the amount

transmitted by the accused shall be adjusted towards that fine, or where an advocate

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 advocate and may, in his

discretion, convict the accused on such plea and sentence him as aforesaid.

277. (1) If the Magistrate does not convict the accused under section 275 or

section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence

as may be produced in support of the prosecution, and also to hear the accused and take all

such evidence as he produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the

accused, issue a summons to any witness directing him to attend or to produce any document

or other thing.

(3) The Magistrate may, before summoning any witness on such application, require

that the reasonable expenses of the witness incurred in attending for the purposes of the

trial be deposited in Court.

278. (1) If the Magistrate, upon taking the evidence referred to in section 277 and

such further evidence, if any, as he may, of his own motion, cause to be produced, finds the

accused not guilty, he shall record an order of acquittal.

(2) Where the Magistrate does not proceed in accordance with the provisions of

section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him

according to law.

(3) A Magistrate may, under section 275 or section 278, convict the accused of any

offence triable under this Chapter, which from the facts admitted or proved he appears to

have committed, whatever may be the nature of the complaint or summons, if the Magistrate

is satisfied that the accused would not be prejudiced thereby.

279. (1) If the summons has been issued on complaint, and on the day appointed for

the appearance of the accused, or any day subsequent thereto to which the hearing may be

adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days'

time to the complainant to be present, notwithstanding anything hereinbefore contained,

acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the

case to some other day:

Provided that where the complainant is represented by an advocate or by the officer

conducting the prosecution or where the Magistrate is of opinion that the personal

attendance of the complainant is not necessary, the Magistrate may, dispense with his

attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases

where the non-appearance of the complainant is due to his death.

280. If a complainant, at any time before a final order is passed in any case under this

Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to

withdraw his complaint against the accused, or if there be more than one accused, against

all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon

acquit the accused against whom the complaint is so withdrawn.

281. In any summons-case instituted otherwise than upon complaint, a Magistrate of

the first class or, with the previous sanction of the Chief Judicial Magistrate, any other

Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any

stage without pronouncing any judgment and where such stoppage of proceedings is made

after the evidence of the principal witnesses has been recorded, pronounce a judgment of

acquittal, and in any other case, release the accused, and such release shall have the effect

of discharge.

282. When in the course of the trial of a summons-case relating to an offence punishable

with imprisonment for a term exceeding six months, it appears to the Magistrate that in the

interests of justice, the offence should be tried in accordance with the procedure for the trial

of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided

by this Sanhita for the trial of warrant-cases and may recall any witness who may have been

examined.

CHAPTER XXII

SUMMARY TRIALS

283. (1) Notwithstanding anything contained in this Sanhita—

(a) any Chief Judicial Magistrate;

(b) Magistrate of the first class,

shall try in a summary way all or any of the following offences:—

(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the

Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed

twenty thousand rupees;

(ii) receiving or retaining stolen property, under sub-section (2) of section 317

of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not

exceed twenty thousand rupees;

(iii) assisting in the concealment or disposal of stolen property under

sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value

of such property does not exceed twenty thousand rupees;

(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya

Nyaya Sanhita, 2023;

(v) insult with intent to provoke a breach of the peace, under section 352, and

criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya

Nyaya Sanhita, 2023;

(vi) abetment of any of the foregoing offences;

(vii) an attempt to commit any of the foregoing offences, when such attempt is

an offence;

(viii) any offence constituted by an act in respect of which a complaint may be

made under section 20 of the Cattle-trespass Act, 1871.

(2) The Magistrate may, after giving the accused a reasonable opportunity of being

heard, for reasons to be recorded in writing, try in a summary way all or any of the offences

not punishable with death or imprisonment for life or imprisonment for a term exceeding

three years:

Provided that no appeal shall lie against the decision of a Magistrate to try a case in

a summary way under this sub-section.

(3) 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 Sanhita.

284. 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.

285. (1) In trials under this Chapter, the procedure specified in this Sanhita 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.

286. 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;

(d) the name of the complainant (if any);

(e) the name, parentage and residence of the accused;

(f) the offence complained of and the offence (if any) proved, and in cases

coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the

value of the property in respect of which the offence has been committed;

(g) the plea of the accused and his examination (if any);

(h) the finding;

(i) the sentence or other final order;

(j) the date on which proceedings terminated.

287. In every case tried summarily in which the accused does not plead guilty, the

Magistrate shall record the substance of the evidence and a judgment containing a brief

statement of the reasons for the finding.

288. (1) Every such record and judgment shall be written in the language of the Court.

(2) The High Court may authorise any Magistrate empowered to try offences summarily

to prepare the aforesaid record or judgment or both by means of an officer appointed in this

behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be

signed by such Magistrate.

CHAPTER XXIII

PLEA BARGAINING

289. (1) This Chapter shall apply in respect of an accused against whom—

(a) the report has been forwarded by the officer in charge of the police station

under section 193 alleging therein that an offence appears to have been committed by

him other than an offence for which the punishment of death or of imprisonment for

life or of imprisonment for a term exceeding seven years has been provided under the

law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an

offence for which the punishment of death or of imprisonment for life or of imprisonment

for a term exceeding seven years, has been provided under the law for the time being

in force, and after examining complainant and witnesses under section 223, issued the

process under section 227,

but does not apply where such offence affects the socio-economic condition of the country

or has been committed against a woman, or a child.

(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.

290. (1) A person accused of an offence may file an application for plea bargaining

within a period of thirty days from the date of framing of charge 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 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 and to the accused to appear on the

date fixed for the case.

(4) When the Public Prosecutor or the complainant of the case and the accused

appear on the date fixed under sub-section (3), the Court shall examine the accused

in camera, where the other party in the case shall not be present, to satisfy itself that the

accused has filed the application voluntarily and where—

(a) the Court is satisfied that the application has been filed by the accused

voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or

the complainant of the case and the accused to work out a mutually satisfactory

disposition of the case which may include giving to the victim by the accused the

compensation and other expenses during the case and thereafter fix the date for

further hearing of the case;

(b) the Court finds that the application has been filed involuntarily by the

accused or he has previously been convicted by a Court in a case in which he had

been charged with the same offence, it shall proceed further in accordance with the

provisions of this Sanhita from the stage such application has been filed under

sub-section (1).

291. In working out a mutually satisfactory disposition under clause (a) of

sub-section (4) of section 290, the Court shall follow the following procedure, namely:—

(a) in a case instituted on a police report, the Court shall issue notice to the

Public Prosecutor, the police officer who has investigated the case, the accused and

the victim of the case to participate in the meeting to work out a satisfactory disposition

of the case:

Provided that throughout such process of working out a satisfactory disposition

of the case, it shall be the duty of the Court to ensure that the entire process is

completed voluntarily by the parties participating in the meeting:

Provided further that the accused, if he so desires, may participate in such

meeting with his advocate, if any, engaged in the case;

(b) in a case instituted otherwise than on police report, the Court shall issue

notice to the accused and the victim of the case to participate in a meeting to work out

a satisfactory disposition of the case:

Provided that it shall be the duty of the Court to ensure, throughout such

process of working out a satisfactory disposition of the case, that it is completed

voluntarily by the parties participating in the meeting:

Provided further that if the victim of the case or the accused so desires, he may

participate in such meeting with his advocate engaged in the case.

292. Where in a meeting under section 291, a satisfactory disposition of the case has

been worked out, the Court shall prepare a report of such disposition which shall be signed

by the presiding officer of the Court and all other persons who participated in the meeting

and if no such disposition has been worked out, the Court shall record such observation

and proceed further in accordance with the provisions of this Sanhita from the stage the

application under sub-section (1) of section 290 has been filed in such case.

293. Where a satisfactory disposition of the case has been worked out under

section 292, the Court shall dispose of the case in the following manner, namely:—

(a) the Court shall award the compensation to the victim in accordance with the

disposition under section 292 and hear the parties on the quantum of the punishment,

releasing of the accused on probation of good conduct or after admonition under

section 401 or for dealing with the accused under the provisions of the Probation of

Offenders Act, 1958 or any other law for the time being in force and follow the procedure

specified in the succeeding clauses for imposing the punishment on the accused;

(b) after hearing the parties under clause (a), if the Court is of the view that

section 401 or the provisions of the Probation of Offenders Act, 1958 or any other law

for the time being in force are attracted in the case of the accused, it may release the

accused on probation or provide the benefit of any such law;

punishment has been provided under the law for the offence committed by the accused,

it may sentence the accused to half of such minimum punishment, and where the

accused is a first-time offender and has not been convicted of any offence in the past,

it may sentence the accused to one-fourth of such minimum punishment;

(d) in case after hearing the parties under clause (b), the Court finds that the

offence committed by the accused is not covered under clause (b) or clause (c), then,

it may sentence the accused to one-fourth of the punishment provided or extendable

for such offence and where the accused is a first-time offender and has not been

convicted of any offence in the past, it may sentence the accused to one-sixth of the

punishment provided or extendable, for such offence.

294. The Court shall deliver its judgment in terms of section 293 in the open Court and

the same shall be signed by the presiding officer of the Court.

295. The judgment delivered by the Court under this section 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.

296. 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 Sanhita.

297. The provisions of section 468 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 Sanhita.

298. The provisions of this Chapter shall have effect notwithstanding anything

inconsistent therewith contained in any other provisions of this Sanhita and nothing in

such other provisions shall be construed to constrain the meaning of any provision of this

Chapter.

Explanation.—For the purposes of this Chapter, the expression "Public Prosecutor"

has the meaning assigned to it under clause (v) of section 2 and includes an Assistant

Public Prosecutor appointed under section 19.

299. Notwithstanding anything contained in any law for the time being in force, the

statements or facts stated by an accused in an application for plea bargaining filed under

section 290 shall not be used for any other purpose except for the purpose of this Chapter.

300. Nothing in this Chapter shall apply to any juvenile or child as defined in section 2

of the Juvenile Justice (Care and Protection of Children) Act, 2015.

CHAPTER XXIV

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

301. In this Chapter,—

(a) "detained" includes detained under any law providing for preventive

detention;

(b) "prison" includes,—

(i) any place which has been declared by the State Government, by general

or special order, to be a subsidiary jail;

(ii) any reformatory, Borstal institution or other institution of a like nature.

302. (1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita,

it appears to a Criminal Court,—

(a) that a person confined or detained in a prison should be brought before the

Court for answering to a charge of an offence, or for the purpose of any proceedings

against him; or

(b) that it is necessary for the ends of justice to examine such person as a

witness,

the Court may make an order requiring the officer in charge of the prison to produce such

person before the Court answering to the charge or for the purpose of such proceeding or

for giving evidence.

(2) Where an order under sub-section (1) is made by a Magistrate of the second class,

it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is

countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate.

(3) Every order submitted for countersigning under sub-section (2) shall be

accompanied by a statement of the facts which, in the opinion of the Magistrate, render the

order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after

considering such statement, decline to countersign the order.

303. (1) The State Government or the Central Government, as the case may be, may, at

any time, having regard to the matters specified in sub-section (2), by general or special

order, direct that any person or class of persons shall not be removed from the prison in

which he or they may be confined or detained, and thereupon, so long as the order remains

in force, no order made under section 302, whether before or after the order of the State

Government or the Central Government, shall have effect in respect of such person or class

of persons.

(2) Before making an order under sub-section (1), the State Government or the Central

Government in the cases instituted by its central agency, as the case may be, 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;

304. Where the person in respect of whom an order is made under section 302—

(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

required for complying with the order and for taking him back to the prison in which

he is confined or detained; or

(d) is a person to whom an order made by the State Government or the Central

Government under section 303 applies,

the officer in charge of the prison shall abstain from carrying out the Court's order and shall

send to the Court a statement of reasons for so abstaining:

Provided that where the attendance of such person is required for giving evidence at

a place not more than twenty-five kilometres distance from the prison, the officer in charge

of the prison shall not so abstain for the reason mentioned in clause (b).

305. Subject to the provisions of section 304, the officer in charge of the prison shall,

upon delivery of an order made under sub-section (1) of section 302 and duly countersigned,

where necessary, under sub-section (2) thereof, cause the person named in the order to be

taken to the Court in which his attendance is required, so as to be present there at the time

mentioned in the order, and shall cause him to be kept in custody in or near the Court until

he has been examined or until the Court authorises him to be taken back to the prison in

which he was confined or detained.

306. The provisions of this Chapter shall be without prejudice to the power of the

Court to issue, under section 319, a commission for the examination, as a witness, of any

person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall

apply in relation to the examination on commission of any such person in the prison as they

apply in relation to the examination on commission of any other person.

CHAPTER XXV

EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

307. The State Government may determine what shall be, for purposes of this Sanhita,

the language of each Court within the State other than the High Court.

308. Except as otherwise expressly provided, all evidence taken in the course of the

trial or other proceeding shall be taken in the presence of the accused, or, when his personal

attendance is dispensed with, in the presence of his advocate including through

audio-video electronic means at the designated place to be notified by the State Government:

Provided that where the evidence of a woman below the age of eighteen years who is

alleged to have been subjected to rape or any other sexual offence, is to be recorded, the

Court may take appropriate measures to ensure that such woman is not confronted by the

accused while at the same time ensuring the right of cross-examination of the accused.

Explanation.—In this section, "accused" includes a person in relation to whom any

proceeding under Chapter IX has been commenced under this Sanhita.

309. (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164

to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course

of a trial, the Magistrate shall, as the examination of each witness proceeds, make a

memorandum of the substance of the evidence in the language of the Court:

Provided that if the Magistrate is unable to make such memorandum himself, he shall,

after recording the reason of his inability, cause such memorandum to be made in writing or

from his dictation in open Court.

(2) Such memorandum shall be signed by the Magistrate and shall form part of the

record.

310. (1) In all warrant-cases tried before a Magistrate, the evidence of each witness

shall, as his examination proceeds, be taken down in writing either by the Magistrate himself

or by his dictation in open Court or, where he is unable to do so owing to a physical or other

incapacity, under his direction and superintendence, by an officer of the Court appointed

by him in this behalf:

Provided that evidence of a witness under this sub-section may also be recorded by

audio-video electronic means in the presence of the advocate of the person accused of the

offence.

(2) Where the Magistrate causes the evidence to be taken down, he shall record a

certificate that the evidence could not be taken down by himself for the reasons referred to

in sub-section (1).

(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the

Magistrate may, in his discretion take down, or cause to be taken down, any part of such

evidence in the form of question and answer.

(4) The evidence so taken down shall be signed by the Magistrate and shall form part

of the record.

311. (1) In all trials before a Court of Session, the evidence of each witness shall, as

his examination proceeds, be taken down in writing either by the presiding Judge himself or

by his dictation in open Court, or under his direction and superintendence, by an officer of

the Court appointed by him in this behalf.

(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.

312. In every case where evidence is taken down under section 310 or section 311,—

(a) if the witness gives evidence in the language of the Court, it shall be taken

down in that language;

(b) if he gives evidence in any other language, it may, if practicable, be taken

down in that language, and if it is not practicable to do so, a true translation of the

evidence in the language of the Court shall be prepared as the examination of the

witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of

the record;

language of the Court, a true translation thereof in the language of the Court shall be

prepared as soon as practicable, signed by the Magistrate or presiding Judge, and

shall form part of the record:

Provided that when under clause (b) evidence is taken down in English and a

translation thereof in the language of the Court is not required by any of the parties,

the Court may dispense with such translation.

313. (1) As the evidence of each witness taken under section 310 or section 311 is

completed, it shall be read over to him in the presence of the accused, if in attendance, or of

his advocate, if he appears by an advocate, and shall, if necessary, be corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is

read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence,

make a memorandum thereon of the objection made to it by the witness and shall add such

remarks as he thinks necessary.

(3) If the record of the evidence is in a language different from that in which it has

been given and the witness does not understand that language, the record shall be interpreted

to him in the language in which it was given, or in a language which he understands.

314. (1) Whenever any evidence is given in a language not understood by the accused,

and he is present in Court in person, it shall be interpreted to him in open Court in a

language understood by him.

(2) If he appears by an advocate and the evidence is given in a language other than

the language of the Court, and not understood by the advocate, it shall be interpreted to

such advocate in that language.

(3) When documents are put for the purpose of formal proof, it shall be in the discretion

of the Court to interpret as much thereof as appears necessary.

315. When a presiding Judge or Magistrate has recorded the evidence of a witness,

he shall also record such remarks (if any) as he thinks material respecting the demeanour of

such witness whilst under examination.

316. (1) Whenever the accused is examined by any Magistrate, or by a Court of

Session, the whole of such examination, including every question put to him and every

answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself

or where he is unable to do so owing to a physical or other incapacity, under his direction

and superintendence by an officer of the Court appointed by him in this behalf.

(2) 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.

(3) 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.

(4) 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:

Provided that where the accused is in custody and is examined through electronic

communication, his signature shall be taken within seventy-two hours of such examination.

(5) Nothing in this section shall be deemed to apply to the examination of an accused

person in the course of a summary trial.

317. 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.

318. Every High Court may, by general rule, prescribe the manner in which the evidence

of witnesses and the examination of the accused shall be taken down in cases coming

before it, and such evidence and examination shall be taken down in accordance with such

rule.

B.—Commissions for the examination of witnesses

319. (1) Whenever, in the course of any inquiry, trial or other proceeding under this

Sanhita, it appears to a Court or Magistrate that the examination of a witness is necessary

for the ends of justice, and that the attendance of such witness cannot be procured without

an amount of delay, expense or inconvenience which, under the circumstances of the case,

would be unreasonable, the Court or Magistrate may dispense with such attendance and

may issue a commission for the examination of the witness in accordance with the provisions

of this Chapter:

Provided that where the examination of the President or the Vice-President of India or

the Governor of a State or the Administrator of a Union territory as a witness is necessary

for the ends of justice, a commission shall be issued for the examination of such a witness.

(2) The Court may, when issuing a commission for the examination of a witness for the

prosecution, direct that such amount as the Court considers reasonable to meet the expenses

of the accused, including the advocate's fees, be paid by the prosecution.

320. (1) If the witness is within the territories to which this Sanhita extends, the

commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction

the witness is to be found.

(2) If the witness is in India, but in a State or an area to which this Sanhita 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.

321. Upon receipt of the commission, the Chief Judicial Magistrate or such 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 Sanhita.

322. (1) The parties to any proceeding under this Sanhita in which a commission is

issued may respectively forward any interrogatories in writing which the Court or Magistrate

directing the commission may think relevant to the issue, and it shall be lawful for the

Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of

executing it is delegated, to examine the witness upon such interrogatories.

(2) Any such party may appear before such Magistrate, Court or Officer by an advocate,

or if not in custody, in person, and may examine, cross-examine and re-examine the said

witness.

323. (1) After any commission issued under section 319 has been duly executed, it

shall be returned, together with the deposition of the witness examined thereunder, to the

Court or Magistrate issuing the commission; and the commission, the return thereto and

the deposition shall be open at all reasonable times to inspection of the parties, and may,

subject to all just exceptions, be read in evidence in the case by either party, and shall form

part of the record.

(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of

the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent

stage of the case before another Court.

324. In every case in which a commission is issued under section 319, the inquiry, trial

or other proceeding may be adjourned for a specified time reasonably sufficient for the

execution and return of the commission.

325. (1) The provisions of section 321 and so much of section 322 and section 323 as

relate to the execution of a commission and its return shall apply in respect of commissions

issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to

commissions issued under section 319.

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in

India to which this Sanhita does not extend, as the Central Government may, by

notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country

or place outside India, as the Central Government may, by notification, specify in this

behalf, and having authority, under the law in force in that country or place, to issue

commissions for the examination of witnesses in relation to criminal matters.

326. (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 inquiry, trial or other proceeding under this Sanhita,

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.

327. (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 Sanhita, 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 19, section 26, section 27, section 158 or section 160 of the

Bharatiya Sakshya Adhiniyam, 2023, 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.

328. (1) Any document purporting to be a report under the hand of a gazetted 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 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 Sanhita, may be used as

evidence in any inquiry, trial or other proceeding under this Sanhita, although such officer

is not called as a witness.

(2) The Court may, if it thinks fit, summon and examine any such officer as to the

subject-matter of his report:

Provided that no such officer shall be summoned to produce any records on which

the report is based.

(3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya

Sakshya Adhiniyam, 2023, no such officer shall, 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 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.

329. (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

Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita.

(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;

(b) the Chief Controller of Explosives;

(d) the Director, Haffkeine Institute, Bombay;

(e) the Director, Deputy Director or Assistant Director of a Central Forensic

Science Laboratory or a State Forensic Science Laboratory;

(f) the Serologist to the Government;

(g) any other scientific expert specified or certified, by notification, by the State

Government or the Central Government for this purpose.

330. (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 or the advocate for the prosecution or the accused, if any, shall be called

upon to admit or deny the genuineness of each such document soon after supply of such

documents and in no case later than thirty days after such supply:

Provided that the Court may, in its discretion, relax the time limit with reasons to be

recorded in writing:

Provided further that no expert shall be called to appear before the Court unless the

report of such expert is disputed by any of the parties to the trial.

(2) The list of documents shall be in such form as the State Government may, by rules,

provide.

(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 Sanhita without proof of

the signature of the person by whom it purports to be signed:

Provided that the Court may, in its discretion, require such signature to be proved.

331. When any application is made to any Court in the course of any inquiry, trial or

other proceeding under this Sanhita, 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.

332. (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 Sanhita.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or

the accused, summon and examine any such person as to the facts contained in his affidavit

333. (1) Affidavits to be used before any Court under this Sanhita may be sworn or

affirmed before—

(a) any Judge or Judicial or Executive Magistrate; or

(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent

is able to prove from his own knowledge and such facts as he has reasonable ground to

believe to be true, and in the latter case, the deponent shall clearly state the grounds of such

belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be

struck out or amended.

334. In any inquiry, trial or other proceeding under this Sanhita, 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.

335. (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, or commit for trial, such

person for the offence complained of may, in his absence, examine the witnesses (if any)

produced on behalf of the prosecution, and record their depositions and any such deposition

may, on the arrest of such person, be given in evidence against him on the inquiry into, or

trial for, the offence with which he is charged, if the deponent is dead or incapable of giving

evidence or cannot be found or his presence cannot be procured without an amount of

delay, expense or inconvenience which, under the circumstances of the case, would be

unreasonable.

(2) If it appears that an offence punishable with death or imprisonment for life has

been committed by some person or persons unknown, the High Court or the Sessions

Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any

witnesses who can give evidence concerning the offence and any depositions so taken

may be given in evidence against any person who is subsequently accused of the offence,

if the deponent is dead or incapable of giving evidence or beyond the limits of India.

336. Where any document or report prepared by a public servant, scientific expert or

medical officer is purported to be used as evidence in any inquiry, trial or other proceeding

under this Sanhita, and—

(i) such public servant, expert or officer is either transferred, retired, or died; or

(ii) such public servant, expert or officer cannot be found or is incapable of

giving deposition; or

(iii) securing presence of such public servant, expert or officer is likely to cause

delay in holding the inquiry, trial or other proceeding,

the Court shall secure presence of successor officer of such public servant, expert, or

officer who is holding that post at the time of such deposition to give deposition on such

document or report:

Provided that no public servant, scientific expert or medical officer shall be called to

appear before the Court unless the report of such public servant, scientific expert or medical

officer is disputed by any of the parties of the trial or other proceedings

Provided further that the deposition of such successor public servant, expert or

officer may be allowed through audio-video electronic means.

CHAPTER XXVI

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

337. (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 244, or for which he might have been convicted

under sub-section (2) thereof.

(2) A person acquitted or convicted of any offence may be afterwards tried, with the

consent of the State Government, for any distinct offence for which a separate charge might

have been made against him at the former trial under sub-section (1) of section 243.

(3) A person convicted of any offence constituted by any act causing consequences

which, together with such act, constituted a different offence from that of which he was

convicted, may be afterwards tried for such last-mentioned offence, if the consequences

had not happened, or were not known to the Court to have happened, at the time when he

was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may,

notwithstanding such acquittal or conviction, be subsequently charged with, and tried for,

any other offence constituted by the same acts which he may have committed if the Court

by which he was first tried was not competent to try the offence with which he is subsequently

charged.

(5) A person discharged under section 281 shall not be tried again for the same

offence except with the consent of the Court by which he was discharged or of any other

Court to which the first-mentioned Court is subordinate.

(6) Nothing in this section shall affect the provisions of section 26 of the General

Clauses Act, 1897 or of section 208 of this Sanhita.

Explanation.—The dismissal of a complaint, or the discharge of the accused, is not

an acquittal for the purposes of this section.

Illustrations.

(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards,

while the acquittal remains in force, be charged with theft as a servant, or, upon the same

facts, with theft simply, or with criminal breach of trust.

(b) A is tried for causing grievous hurt and convicted. The person injured afterwards

dies. A may be tried again for culpable homicide.

of B. A may not afterwards be tried on the same facts for the murder of B.

(d) A is charged by a Magistrate of the first class with, and convicted by him of,

voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous

hurt to B on the same facts, unless the case comes within sub-section (3) of this section.

(e) A is charged by a Magistrate of the second class with, and convicted by him of,

theft of property from the person of B. A may subsequently be charged with, and tried for,

robbery on the same facts.

(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of,

robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.

338. (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may

appear and plead without any written authority before any Court in which that case is under

inquiry, trial or appeal.

(2) If in any such case any private person instructs his advocate 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 advocate 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.

339. (1) Any Magistrate inquiring into or trying a case may permit the prosecution to

be conducted by any person other than a police officer below the rank of inspector; but no

person, other than the Advocate-General or Government Advocate or a Public Prosecutor

or Assistant Public Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has

taken part in the investigation into the offence with respect to which the accused is being

prosecuted.

(2) Any person conducting the prosecution may do so personally or by an advocate.

340. Any person accused of an offence before a Criminal Court, or against whom

proceedings are instituted under this Sanhita, may of right be defended by an advocate of

his choice.

341. (1) Where, in a trial or appeal before a Court, the accused is not represented by

an advocate, and where it appears to the Court that the accused has not sufficient means to

engage an advocate, the Court shall assign an advocate for his defence at the expense of

the State.

(2) The High Court may, with the previous approval of the State Government, make

rules providing for—

(a) the mode of selecting advocates for defence under sub-section (1);

(b) the facilities to be allowed to such advocates by the Courts;

carrying out the purposes of sub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may

be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in

relation to any class of trials before other Courts in the State as they apply in relation to

trials before Courts of Session.

342. (1) In this section, "corporation" means an incorporated company or other body

corporate, and includes a society registered under the Societies Registration Act, 1860.

(2) Where a corporation is the accused person or one of the accused persons in an

inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and

such appointment need not be under the seal of the corporation.

(3) Where a representative of a corporation appears, any requirement of this Sanhita

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 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 duly authorised by him (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.

343. (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 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 any other law for the time being in force;

(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 any other law for the time

being in force, 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.

344. 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.

345. (1) Where, in regard to a person who has accepted a tender of pardon made

under section 343 or section 344, the Public Prosecutor certifies that in his opinion such

person has, either by wilfully concealing anything essential or by giving false evidence, not

complied with the condition on which the tender was made, such person may be tried for the

offence in respect of which the pardon was so tendered or for any other offence of which he

appears to have been guilty in connection with the same matter, and also for the offence of

giving false evidence:

Provided that such person shall not be tried jointly with any of the other accused:

Provided further that such person shall not be tried for the offence of giving false

evidence except with the sanction of the High Court, and nothing contained in section 215

or section 379 shall apply to that offence.

(2) Any statement made by such person accepting the tender of pardon and recorded

by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 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 Sanhita, pass judgment of acquittal.

346. (1) In every inquiry or trial the proceedings shall be continued from day-to-day

basis 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 64,

section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya

Nyaya Sanhita, 2023 the inquiry or trial shall be completed within a period of two months

from the date of filing of the chargesheet.

(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 Court shall remand an accused person to custody under this

section for a term exceeding fifteen days at a time:

Provided further that when witnesses are in attendance, no adjournment or

postponement shall be granted, without examining them, except for special reasons to be

recorded in writing:

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:

Provided also that—

(a) no adjournment shall be granted at the request of a party, except where the

circumstances are beyond the control of that party;

(b) where the circumstances are beyond the control of a party, not more than

two adjournments may be granted by the Court after hearing the objections of the

other party and for the reasons to be recorded in writing;

a ground for adjournment;

(d) where a witness is present in Court but a party or his advocate is not present

or the party or his advocate though present in Court, is not ready to examine or

cross-examine the witness, the Court may, if thinks fit, record the statement of the

witness and pass such orders as it thinks fit dispensing with the examination-in-chief

or cross-examination of the witness, as the case may be.

Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that

the accused may have committed an offence, and it appears likely that further evidence may

be obtained by a remand, this is a reasonable cause for a remand.

Explanation 2.—The terms on which an adjournment or postponement may be granted

include, in appropriate cases, the payment of costs by the prosecution or the accused.

347. (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.

348. Any Court may, at any stage of any inquiry, trial or other proceeding under this

Sanhita, summon any person as a witness, or examine any person in attendance, though not

summoned as a witness, or re-call and re-examine any person already examined; and the

Court shall summon and examine or re-call and re-examine any such person if his evidence

appears to it to be essential to the just decision of the case.

349. If a Magistrate of the first class is satisfied that, for the purposes of any

investigation or proceeding under this Sanhita, it is expedient to direct any person, including

an accused person, to give specimen signatures or finger impressions or handwriting or

voice sample, he may make an order to that effect and in that case the person to whom the

order relates shall be produced or shall attend at the time and place specified in such order

and shall give his specimen signatures or finger impressions or handwriting or voice sample:

Provided that no order shall be made under this section unless the person has at some

time been arrested in connection with such investigation or proceeding:

Provided further that the Magistrate may, for the reasons to be recorded in writing,

order any person to give such specimen or sample without him being arrested.

350. Subject to any rules made by the State Government, any Criminal Court may, if it

thinks fit, order payment, on the part of the Government, of the reasonable expenses of any

complainant or witness attending for the purposes of any inquiry, trial or other proceeding

before such Court under this Sanhita.

351. (1) In every inquiry or trial, for the purpose of enabling the accused personally

to explain any circumstances appearing in the evidence against him, the Court—

(a) may at any stage, without previously warning the accused put such questions

to him as the Court considers necessary;

(b) shall, after the witnesses for the prosecution have been examined and before

he is called on for his defence, question him generally on the case:

Provided that in a summons case, where the Court has dispensed with the

personal attendance of the accused, it may also dispense with his examination under

clause (b).

(2) No oath shall be administered to the accused when he is examined under

sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer

such questions, or by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such

inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for,

any other offence which such answers may tend to show he has committed.

(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant

questions which are to be put to the accused and the Court may permit filing of written

statement by the accused as sufficient compliance of this section.

352. (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.

353. (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 proceedings are instituted in any Criminal Court under

section 101, or section 126, or section 127, or section 128, or section 129, or under

Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in

such proceedings:

Provided that in proceedings under section 127, section 128, or section 129, the

failure of such person to give evidence shall not be made the subject of any comment by

any of the parties or the Court or give rise to any presumption against him or any other

person proceeded against together with him at the same inquiry.

354. Except as provided in sections 343 and 344, 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.

355. (1) At any stage of an inquiry or trial under this Sanhita, 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 an advocate, dispense with his attendance and proceed with such inquiry or trial in his

absence, and may, at any subsequent stage of the proceedings, direct the personal attendance

of such accused.

(2) If the accused in any such case is not represented by an advocate, 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.

Explanation.—For the purpose of this section, personal attendance of the accused

includes attendance through audio-video electronic means.

356. (1) Notwithstanding anything contained in this Sanhita or in any other law for

the time being in force, when a person declared as a proclaimed offender, whether or not

charged jointly, has absconded to evade trial and there is no immediate prospect of arresting

him, it shall be deemed to operate as a waiver of the right of such person to be present and

tried in person, and the Court shall, after recording reasons in writing, in the interest of

justice, proceed with the trial in the like manner and with like effect as if he was present,

under this Sanhita and pronounce the judgment:

Provided that the Court shall not commence the trial unless a period of ninety days

has lapsed from the date of framing of the charge.

(2) The Court shall ensure that the following procedure has been complied with

before proceeding under sub-section (1), namely:—

(i) issuance of two consecutive warrants of arrest within the interval of at least

thirty days;

(ii) publish in a national or local daily newspaper circulating in the place of his

last known address of residence, requiring the proclaimed offender to appear before

the Court for trial and informing him that in case he fails to appear within thirty days

from the date of such publication, the trial shall commence in his absence;

(iii) inform his relative or friend, if any, about the commencement of the

trial; and

(iv) affix information about the commencement of the trial on some conspicuous

part of the house or homestead in which such person ordinarily resides and display in

the police station of the district of his last known address of residence.

(3) Where the proclaimed offender is not represented by any advocate, he shall be

provided with an advocate for his defence at the expense of the State.

(4) Where the Court, competent to try the case or commit for trial, has examined any

witnesses for prosecution and recorded their depositions, such depositions shall be given

in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence

with which he is charged:

Provided that if the proclaimed offender is arrested and produced or appears before

the Court during such trial, the Court may, in the interest of justice, allow him to examine any

evidence which may have been taken in his absence.

(5) Where a trial is related to a person under this section, the deposition and

examination of the witness, may, as far as practicable, be recorded by audio-video electronic

means preferably mobile phone and such recording shall be kept in such manner as the

Court may direct.

(6) In prosecution for offences under this Sanhita, voluntary absence of accused

after the trial has commenced under sub-section (1) shall not prevent continuing the trial

including the pronouncement of the judgment even if he is arrested and produced or appears

at the conclusion of such trial.

(7) No appeal shall lie against the judgment under this section unless the proclaimed

offender presents himself before the Court of appeal:

Provided that no appeal against conviction shall lie after the expiry of three years

from the date of the judgment.

(8) The State may, by notification, extend the provisions of this section to any

absconder mentioned in sub-section (1) of section 84.

357. If the accused, though not a person 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.

358. (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from

the evidence that any person not being the accused has committed any offence for which

such person could be tried together with the accused, the Court may proceed against such

person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned,

as the circumstances of the case may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons,

may be detained by such Court for the purpose of the inquiry into, or trial of, the offence

which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1), then—

(a) the proceedings in respect of such person shall be commenced afresh, and

the witnesses re-heard;

(b) subject to the provisions of clause (a), the case may proceed as if such

person had been an accused person when the Court took cognizance of the offence

upon which the inquiry or trial was commenced.

359. (1) The offences punishable under the sections of the Bharatiya Nyaya

Sanhita, 2023 specified in the first two columns of the Table next following may be

compounded by the persons mentioned in the third column of that Table:—

(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023
specified in the first two columns of the Table next following may, with the permission of the
Court before which any prosecution for such offence is pending, be compounded by the
persons mentioned in the third column of that Table:—

(3) When an offence is compoundable under this section, the abetment of such
offence or an attempt to commit such offence (when such attempt is itself an offence) or
where the accused is liable under sub-section (5) of section 3 or section 190 of the Bharatiya
Nyaya Sanhita, 2023, may be compounded in like manner.
(4) (a) When the person who would otherwise be competent to compound an offence
under this section is a child or of unsound mind, 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 of such person may, with the consent of the Court, compound such offence.
(5) When the accused has been committed for trial or when he has been convicted
and an appeal is pending, no composition for the offence shall be allowed without the leave
of the Court to which he is committed, or, as the case may be, before which the appeal is to
be heard.
(6) A High Court or Court of Session acting in the exercise of its powers of revision
under section 442 may allow any person to compound any offence which such person is
competent to compound under this section.
(7) No offence shall be compounded if the accused is, by reason of a previous
conviction, liable either to enhanced punishment or to a punishment of a different kind for
such offence.
(8) The composition of an offence under this section shall have the effect of an
acquittal of the accused with whom the offence has been compounded.
(9) No offence shall be compounded except as provided by this section.
360. The Public Prosecutor or Assistant Public Prosecutor in charge of a case may,
with the consent of the Court, at any time before the judgment is pronounced, withdraw
from the prosecution of any person either generally or in respect of any one or more of the
offences for which he is tried; and, upon such withdrawal,—
(a) if it is made before a charge has been framed, the accused shall be discharged
in respect of such offence or offences;
(b) if it is made after a charge has been framed, or when under this Sanhita no
charge is required, he shall be acquitted in respect of such offence or offences:
Provided that where such offence—
(i) was against any law relating to a matter to which the executive power of the
Union extends; or
(ii) was investigated under any Central Act; or
(iii) involved the misappropriation or destruction of, or damage to, any property
belonging to the Central Government; or
(iv) was committed by a person in the service of the Central Government while
acting or purporting to act in the discharge of his official duty,
and the Prosecutor in charge of the case has not been appointed by the Central Government,
he shall not, unless he has been permitted by the Central Government to do so, move the
Court for its consent to withdraw from the prosecution and the Court shall, before according
consent, direct the Prosecutor to produce before it the permission granted by the Central
Government to withdraw from the prosecution:
Provided further that no Court shall allow such withdrawal without giving an
opportunity of being heard to the victim in the case.
361. (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.
362. If, in any inquiry into an offence or a trial before a Magistrate, it appears to him
at any stage of the proceedings before signing the judgment that the case is one which
ought to be tried by the Court of Session, he shall commit it to that Court under the
provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall
apply to the commitment so made.
363. (1) Where a person, having been convicted of an offence punishable under
Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023, with imprisonment for a
term of three years or upwards, is again accused of any offence punishable under either of
those Chapters with imprisonment for a term of three years or upwards, and the Magistrate
before whom the case is pending is satisfied that there is ground for presuming that such
person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate
or committed to the Court of Session, unless the Magistrate is competent to try the case and
is of opinion that he can himself pass an adequate sentence if the accused is convicted.
(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to
the Court of Session under sub-section (1), any other person accused jointly with him in the
same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges
such other person under section 262 or section 268, as the case may be.
364. (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 or bail bond under section 125, he may
record the opinion and submit his proceedings, and forward the accused, to the Chief
Judicial Magistrate to whom he is subordinate.
(2) When more accused persons than one are being tried together, and the Magistrate
considers it necessary to proceed under sub-section (1), in regard to any of such accused,
he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate.
(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he
thinks fit, examine the parties and recall and examine any witness who has already given
evidence in the case and may call for and take any further evidence and shall pass such
judgment, sentence or order in the case as he thinks fit, and is according to law.
365. (1) Whenever any Judge or Magistrate, after having heard and recorded the
whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction
therein and is succeeded by another Judge or Magistrate who has and who exercises such
jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by
his predecessor, or partly recorded by his predecessor and partly recorded by himself:

Provided that if the succeeding Judge or Magistrate is of the opinion that further

examination of any of the witnesses whose evidence has already been recorded is necessary

in the interests of justice, he may re-summon any such witness, and after such further

examination, cross-examination and re-examination, if any, as he may permit, the witness

shall be discharged.

(2) When a case is transferred under the provisions of this Sanhita 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 361 or in which proceedings have been submitted to a

superior Magistrate under section 364.

366. (1) The place in which any Criminal Court is held for the purpose of inquiring into

or trying any offence shall be deemed to be an open Court, to which the public generally

may have access, so far as the same can conveniently contain them:

Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any

stage of any inquiry into, or trial of, any particular case, that the public generally, or any

particular person, shall not have access to, or be or remain in, the room or building used by

the Court.

(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial

of rape or an offence under section 64, section 65, section 66, section 67, section 68,

section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or

section 10 of the Protection of Children from Sexual Offences Act, 2012 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:

Provided further that in camera trial shall be conducted as far as practicable by a

woman Judge or Magistrate.

(3) Where any proceedings are held under sub-section (2), it shall not be lawful for

any person to print or publish any matter in relation to any such proceedings except with

the previous permission of the Court:

Provided that the ban on printing or publication of trial proceedings in relation to an

offence of rape may be lifted, subject to maintaining confidentiality of name and address of

the parties.

CHAPTER XXVII

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

367. (1) When a Magistrate holding an inquiry has reason to believe that the person

against whom the inquiry is being held is a person 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 medical officer as a witness, and shall reduce the

examination to writing.

(2) If the civil surgeon finds the accused to be a person of unsound mind, he shall

refer such person to a psychiatrist or clinical psychologist of Government hospital or

Government medical college for care, treatment and prognosis of the condition and the

psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether

the accused is suffering from unsoundness of mind or intellectual disability:

Provided that if the accused is aggrieved by the information given by the psychiatric
or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal
before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest Government hospital; and
(b) a faculty member in psychiatry in the nearest Government medical college.
(3) Pending such examination and inquiry, the Magistrate may deal with such person
in accordance with the provisions of section 369.
(4) If the Magistrate is informed that the person referred to in sub-section (2) is a
person of unsound mind, the Magistrate shall further determine whether the unsoundness
of mind renders the accused incapable of entering defence and if the accused is found so
incapable, the Magistrate shall record a finding to that effect, and shall examine the record
of evidence produced by the prosecution and after hearing the advocate of the accused but
without questioning the accused, if he finds that no prima facie case is made out against
the accused, he shall, instead of postponing the enquiry, discharge the accused and deal
with him in the manner provided under section 369:
Provided that if the Magistrate finds that a prima facie case is made out against the
accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone
the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist,
is required for the treatment of the accused, and order the accused to be dealt with as
provided under section 369.
(5) If the Magistrate is informed that the person referred to in sub-section (2) is a
person with intellectual disability, the Magistrate shall further determine whether the
intellectual disability renders the accused incapable of entering defence, and if the accused
is found so incapable, the Magistrate shall order closure of the inquiry and deal with the
accused in the manner provided under section 369.
368. (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 of mind 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) If during trial, the Magistrate or Court of Session finds the accused to be of
unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for
care and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall
report to the Magistrate or Court whether the accused is suffering from unsoundness of
mind:

Provided that if the accused is aggrieved by the information given by the psychiatrist
or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal
before the Medical Board which shall consist of—
(a) head of psychiatry unit in the nearest Government hospital; and
(b) a faculty member in psychiatry in the nearest Government medical college.
(3) If the Magistrate or Court is informed that the person referred to in sub-section (2)
is a person of unsound mind, the Magistrate or Court shall further determine whether the
unsoundness of mind renders the accused incapable of entering defence and if the accused
is found so incapable, the Magistrate or Court shall record a finding to that effect and shall
examine the record of evidence produced by the prosecution and after hearing the advocate
of the accused but without questioning the accused, if the Magistrate or Court finds that no
prima facie case is made out against the accused, he or it shall, instead of postponing the
trial, discharge the accused and deal with him in the manner provided under section 369:

Provided that if the Magistrate or Court finds that a prima facie case is made out

against the accused in respect of whom a finding of unsoundness of mind is arrived at, he

shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical

psychologist, is required for the treatment of the accused.

(4) If the Magistrate or Court finds that a prima facie case is made out against the

accused and he is incapable of entering defence by reason of intellectual disability, he or it

shall not hold the trial and order the accused to be dealt with in accordance with section 369.

369. (1) Whenever a person if found under section 367 or section 368 to be incapable

of entering defence by reason of unsoundness of mind or intellectual disability, the

Magistrate or Court, as the case may be, shall, whether the case is one in which bail may be

taken or not, order release of such person on bail:

Provided that the accused is suffering from unsoundness of mind or intellectual

disability which does not mandate in-patient treatment and a friend or relative undertakes to

obtain regular out-patient psychiatric treatment from the nearest medical facility and to

prevent from doing injury to himself or to any other person.

(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case

may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall

order the accused to be kept in such a place where regular psychiatric treatment can be

provided, and shall report the action taken to the State Government:

Provided that no order for the detention of the accused in a public mental health

establishment shall be made otherwise than in accordance with such rules as the State

Government may have made under the Mental Healthcare Act, 2017.

(3) Whenever a person is found under section 367 or section 368 to be incapable of

entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate

or Court, as the case may be, shall keeping in view the nature of the act committed and the

extent of unsoundness of mind or intellectual disability, further determine if the release of

the accused can be ordered:

Provided that—

(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate

or Court, as the case may be, decide to order discharge of the accused, as provided

under section 367 or section 368, such release may be ordered, if sufficient security is

given that the accused shall be prevented from doing injury to himself or to any other

person;

(b) if the Magistrate or Court, as the case may be, is of the opinion that discharge

of the accused cannot be ordered, the transfer of the accused to a residential facility

for persons with unsoundness of mind or intellectual disability may be ordered wherein

the accused may be provided care and appropriate education and training.

370. (1) Whenever an inquiry or a trial is postponed under section 367 or section 368,

the Magistrate or Court, as the case may be, may at any time after the person concerned has

ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear

or be brought before such Magistrate or Court.

(2) When the accused has been released under section 369, and the sureties for his

appearance produce him to the officer whom the Magistrate or Court appoints in this

behalf, the certificate of such officer that the accused is capable of making his defence shall

be receivable in evidence.

371. (1) If, when the accused appears or is again brought before the Magistrate or

Court, as the case may be, the Magistrate or Court considers him capable of making his

defence, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his

defence, the Magistrate or Court shall act according to the provisions of section 367 or

section 368, 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 369.

372. 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.

373. Whenever any person is acquitted upon the ground that, at the time at which he

is alleged to have committed an offence, he was, by reason of unsoundness of mind,

incapable of knowing the nature of the act alleged as constituting the offence, or that it was

wrong or contrary to law, the finding shall state specifically whether he committed the act or

not.

374. (1) Whenever the finding states that the accused person committed the act

alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such

act would, but for the incapacity found, have constituted an offence,—

(a) order such person to be detained in safe custody in such place and manner

as the Magistrate or Court thinks fit; or

(b) order such person to be delivered to any relative or friend of such person.

(2) No order for the detention of the accused in a public mental health establishment

shall be made under clause (a) of sub-section (1) otherwise than in accordance with such

rules as the State Government may have made under the Mental Healthcare Act, 2017.

(3) No order for the delivery of the accused to a relative or friend shall be made under

clause (b) of sub-section (1) except upon the application of such relative or friend and on

his giving security to the satisfaction of the Magistrate or Court that the person delivered

shall—

(a) be properly taken care of and prevented from doing injury to himself or to

any other person;

(b) be produced for the inspection of such officer, and at such times and places,

as the State Government may direct.

(4) The Magistrate or Court shall report to the State Government the action taken

under sub-section (1).

375. The State Government may empower the officer in charge of the jail in which a

person is confined under the provisions of section 369 or section 374 to discharge all or any

of the functions of the Inspector-General of Prisons under section 376 or section 377.

376. If a person is detained under the provisions of sub-section (2) of section 369,

and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case

of a person detained in a public mental health establishment, the Mental Health Review

Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their

opinion, such person is capable of making his defence, he shall be taken before the Magistrate

or Court, as the case may be, at such time as the Magistrate or Court appoints, and the

Magistrate or Court shall deal with such person under the provisions of section 371; and

the certificate of such Inspector-General or visitors as aforesaid shall be receivable as

evidence.

377. (1) If a person is detained under the provisions of sub-section (2) of section 369,

or section 374, and such Inspector-General or visitors shall certify that, in his or their

judgment, he may be released without danger of his doing injury to himself or to any other

person, the State Government may thereupon order him to be released, or to be detained in

custody, or to be transferred to a public mental health establishment if he has not been

already sent to such establishment; and, in case it orders him to be transferred to a public

mental health establishment, may appoint a Commission, consisting of a Judicial and two

medical officers.

(2) Such Commission shall make a formal inquiry into the state of mind of such

person, take such evidence as is necessary, and shall report to the State Government, which

may order his release or detention as it thinks fit.

378. (1) Whenever any relative or friend of any person detained under the provisions

of section 369 or section 374 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;

produced when required before such Magistrate or Court,

order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence, the trial of which has been

postponed by reason of his being of unsound mind and incapable of making his defence,

and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to

the Magistrate or Court that such person is capable of making his defence, such Magistrate

or Court shall call upon the relative or friend to whom such accused was delivered to

produce him before the Magistrate or Court; and, upon such production the Magistrate or

Court shall proceed in accordance with the provisions of section 371, and the certificate of

the inspecting officer shall be receivable as evidence.

CHAPTER XXVIII

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

379. (1) When, upon an application made to it in this behalf or otherwise, any Court

is of opinion that it is expedient in the interests of justice that an inquiry should be made

into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to

have been committed in or in relation to a proceeding in that Court or, as the case may be, in

respect of a document produced or given in evidence in a proceeding in that Court, such

Court may, after such preliminary inquiry, if any, as it thinks necessary,—

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(d) take sufficient security for the appearance of the accused before such

Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary

so to do, send the accused in custody to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may,

in any case where that Court has neither made a complaint under sub-section (1) in respect

of that offence nor rejected an application for the making of such complaint, be exercised by

the Court to which such former Court is subordinate within the meaning of sub-section (4)

of section 215.

(3) A complaint made under this section shall be signed,—

(a) where the Court making the complaint is a High Court, by such officer of the

Court as the Court may appoint;

(b) in any other case, by the presiding officer of the Court or by such officer of

the Court as the Court may authorise in writing in this behalf.

(4) In this section, "Court" has the same meaning as in section 215.

380. (1) Any person on whose application any Court other than a High Court has

refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or

against whom such a complaint has been made by such Court, may appeal to the Court to

which such former Court is subordinate within the meaning of sub-section (4) of

section 215, and the superior Court may thereupon, after notice to the parties concerned,

direct the withdrawal of the complaint, or, as the case may be, making of the complaint which

such former Court might have made under section 379, and, if it makes such complaint, the

provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under

section 379, shall be final, and shall not be subject to revision.

381. Any Court dealing with an application made to it for filing a complaint under

section 379 or an appeal under section 380, shall have power to make such order as to costs

as may be just.

382. (1) A Magistrate to whom a complaint is made under section 379 or section 380

shall, notwithstanding anything contained in Chapter XVI, 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.

383. (1) If, at the time of delivery of any judgment or final order disposing of any

judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion

to the effect that any witness appearing in such proceeding had knowingly or wilfully given

false evidence or had fabricated false evidence with the intention that such evidence should

be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the

interest of justice that the witness should be tried summarily for giving or fabricating, as the

case may be, false evidence, take cognizance of the offence and may, after giving the

offender a reasonable opportunity of showing cause why he should not be punished for

such offence, try such offender summarily and sentence him to imprisonment for a term

which may extend to three months, or to fine which may extend to one thousand 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 379 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.

384. (1) When any such offence as is described in section 210, section 213,

section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023 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 one thousand rupees, and, in default of payment of fine,

to simple imprisonment for a term which may extend to one month, unless such fine be

sooner paid.

(2) In every such case the Court shall record the fact constituting the offence, with

the statement (if any) made by the offender, as well as the finding and sentence.

(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023, the record

shall show the nature and stage of the judicial proceeding in which the Court interrupted or

insulted was sitting, and the nature of the interruption or insult.

385. (1) If the Court in any case considers that a person accused of any of the

offences referred to in section 384 and committed in its view or presence should be imprisoned

otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees

should be imposed upon him, or such Court is for any other reason of opinion that the case

should not be disposed of under section 384, such Court, after recording the facts

constituting the offence and the statement of the accused as hereinbefore provided, may

forward the case to a Magistrate having jurisdiction to try the same, and may require

security to be given for the appearance of such person before such Magistrate, or if sufficient

security is not given, shall forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to

deal with, as far as may be, as if it were instituted on a police report.

386. When the State Government so directs, any Registrar or any Sub-Registrar

appointed under the Registration Act, 1908, shall be deemed to be a Civil Court within the

meaning of sections 384 and 385.

387. When any Court has under section 384 adjudged an offender to punishment, or

has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do

anything which he was lawfully required to do or for any intentional insult or interruption,

the Court may, in its discretion, discharge the offender or remit the punishment on his

submission to the order or requisition of such Court, or on apology being made to its

satisfaction.

388. If any witness or person called to produce a document or thing before a Criminal

Court refuses to answer such questions as are put to him or to produce any document or

thing in his possession or power which the Court requires him to produce, and does not,

after a reasonable opportunity has been given to him so to do, offer any reasonable excuse

for such refusal, such Court may, for reasons to be recorded in writing, sentence him to

simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge

commit him to the custody of an officer of the Court for any term not exceeding seven days,

unless in the meantime, such person consents to be examined and to answer, or to produce

the document or thing and in the event of his persisting in his refusal, he may be dealt with

according to the provisions of section 384 or section 385.

389. (1) If any witness being summoned to appear before a Criminal Court is legally

bound to appear at a certain place and time in obedience to the summons and without just

excuse neglects or refuses to attend at that place or time or departs from the place where he

has to attend before the time at which it is lawful for him to depart, and the Court before

which the witness is to appear is satisfied that it is expedient in the interests 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 five hundred rupees.

(2) In every such case the Court shall follow, as nearly as may be practicable, the

procedure prescribed for summary trials.

390. (1) Any person sentenced by any Court other than a High Court under section 383,

section 384, section 388, or section 389 may, notwithstanding anything contained in this

Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily

appealable.

(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to

appeals under this section, and the Appellate Court may alter or reverse the finding, or

reduce or reverse the sentence appealed against.

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court

of Session for the sessions division within which such Court is situate.

(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a

Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session

for the sessions division within which the office of such Registrar or Sub-Registrar is

situate.

391. Except as provided in sections 383, 384, 388 and 389, 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 215, 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.

CHAPTER XXIX

THE JUDGMENT

392. (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 not later than forty-five days of which notice shall be

given to the parties or their advocates,—

(a) by delivering the whole of the judgment; or

(b) by reading out the whole of the judgment; or

of the judgment in a language which is understood by the accused or his advocate.

(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding

officer shall cause it to be taken down in short-hand, sign the transcript and every page

thereof as soon as it is made ready, and write on it the date of the delivery of the judgment

in open Court.

(3) Where the judgment or the operative part thereof is read out under clause (b) or

clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the

presiding officer in open Court, and if it is not written with his own hand, every page of the

judgment shall be signed by him.

(4) Where the judgment is pronounced in the manner specified in clause (c) of

sub-section (1), the whole judgment or a copy thereof shall be immediately made available

for the perusal of the parties or their advocates free of cost:

Provided that the Court shall, as far as practicable, upload the copy of the judgment

on its portal within a period of seven days from the date of judgment.

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced

either in person or through audio-video electronic means.

(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 persons 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 advocate 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 advocates, 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 511.

393. (1) Except as otherwise expressly provided by this Sanhita, every judgment

referred to in section 392,—

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and

the reasons for the decision;

Nyaya Sanhita, 2023 or other law under which, the accused is convicted, and the

punishment to which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused

is acquitted and direct that he be set at liberty.

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 and it is doubtful

under which of two sections, or under which of two parts of the same section, of that

Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in

the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative,

with imprisonment for life or imprisonment for a term of years, the judgment shall state the

reasons for the sentence awarded, and, in the case of sentence of death, the special reasons

for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of

one year or more, but the Court imposes a sentence of imprisonment for a term of less than

three months, it shall record its reasons for awarding such sentence, unless the sentence is

one of imprisonment till the rising of the Court or unless the case was tried summarily under

the provisions of this Sanhita.

(5) When any person is sentenced to death, the sentence shall direct that he be

hanged by the neck till he is dead.

(6) Every order under section 136 or sub-section (2) of section 157 and every final

order made under section 144, section 164 or section 166 shall contain the point or points for

determination, the decision thereon and the reasons for the decision.

394. (1) When any person, having been convicted by a Court in India of an offence

punishable with imprisonment for a term of three years, or upwards, is again convicted of

any offence punishable with imprisonment for a term of three years or upwards by any

Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at

the time of passing a sentence of imprisonment on such person, also order that his residence

and any change of, or absence from, such residence after release be notified as

hereinafter provided for a term not exceeding five years from the date of the expiration of

such sentence.

(2) The provisions of sub-section (1) shall also apply to criminal conspiracies to

commit such offences and to the abetment of such offences and attempts to commit them.

(3) If such conviction is set aside on appeal or otherwise, such order shall become

void.

(4) An order under this section may also be made by an Appellate Court or by the

High Court or Court of Session when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry out the provisions

of this section relating to the notification of residence or change of, or absence from,

residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person

charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction

in the district in which the place last notified by him as his place of residence is situated.

395. (1) When a Court imposes a sentence of fine or a sentence (including a sentence

of death) of which fine forms a part, the Court may, when passing judgment, order the whole

or any part of the fine recovered to be applied—

(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused

by the offence, when compensation is, in the opinion of the Court, recoverable by

such person in a Civil Court;

another person or of having abetted the commission of such an offence, in paying

compensation to the persons who are, under the Fatal Accidents Act, 1855, entitled to

recover damages from the person sentenced for the loss resulting to them from such

death;

(d) when any person is convicted of any offence which includes theft, criminal

misappropriation, criminal breach of trust, or cheating, or of having dishonestly

received or retained, or of having voluntarily assisted in disposing of, stolen property

knowing or having reason to believe the same to be stolen, in compensating any

bona fide purchaser of such property for the loss of the same if such property is

restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall

be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be

presented, before the decision of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court

may, when passing judgment, order the accused person to pay, by way of compensation,

such amount as may be specified in the order to the person who has suffered any loss or

injury by reason of the act for which the accused person has been so sentenced.

(4) An order under this section may also be made by an Appellate Court or by the

High Court or Court of Session when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the

same matter, the Court shall take into account any sum paid or recovered as compensation

under this section.

396. (1) Every State Government in co-ordination with the Central Government shall

prepare a scheme for providing funds for the purpose of compensation to the victim or his

dependents who have suffered loss or injury as a result of the crime and who require

rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District

Legal Service Authority or the State Legal Service Authority, as the case may be, shall

decide the quantum of compensation to be awarded under the scheme referred to in

sub-section (1).

(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation

awarded under section 395 is not adequate for such rehabilitation, or where the cases end

in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation

for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and

where no trial takes place, the victim or his dependents may make an application to the State

or the District Legal Services Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4),

the State or the District Legal Services Authority shall, after due enquiry award adequate

compensation by completing the enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate

the suffering of the victim, may order for immediate first-aid facility or medical benefits to be

made available free of cost on the certificate of the police officer not below the rank of the

officer in charge of the police station or a Magistrate of the area concerned, or any other

interim relief as the appropriate authority deems fit.

(7) The compensation payable by the State Government under this section shall be in

addition to the payment of fine to the victim under section 65, section 70 and

sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023.

397. All hospitals, public or private, whether run by the Central Government, the

State Government, local bodies or any other person, shall immediately, provide the first-aid

or medical treatment, free of cost, to the victims of any offence covered under section 64,

section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of

section 124 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of

the Protection of Children from Sexual Offences Act, 2012, and shall immediately inform the

police of such incident.

398. Every State Government shall prepare and notify a Witness Protection Scheme

for the State with a view to ensure protection of the witnesses.

399. (1) Whenever any person causes a police officer to arrest another person, if it

appears to the Magistrate by whom the case is heard that there was no sufficient ground for

causing such arrest, the Magistrate may award such compensation, not exceeding one

thousand rupees, to be paid by the person so causing the arrest to the person so arrested,

for his loss of time and expenses in the matter, as the Magistrate thinks fit.

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like

manner, award to each of them such compensation, not exceeding one thousand rupees, as

such Magistrate thinks fit.

(3) All compensation awarded under this section may be recovered as if it were a fine,

and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to

simple imprisonment for such term not exceeding thirty days as the Magistrate directs,

unless such sum is sooner paid.

400. (1) Whenever any complaint of a non-cognizable offence is made to a Court, the

Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order

him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution,

and may further order that in default of payment, the accused shall suffer simple imprisonment

for a period not exceeding thirty days and such costs may include any expenses incurred in

respect of process-fees, witnesses and advocate's fees which the Court may consider

reasonable.

(2) An order under this section may also be made by an Appellate Court or by the

High Court or Court of Session when exercising its powers of revision.

401. (1) When any person not under twenty-one years of age is convicted of an

offence punishable with fine only or with imprisonment for a term of seven years or less, or

when any person under twenty-one years of age or any woman is convicted of an offence

not punishable with death or imprisonment for life, and no previous conviction is proved

against the offender, if it appears to the Court before which he is convicted, regard being

had to the age, character or antecedents of the offender, and to the circumstances in which

the offence was committed, that it is expedient that the offender should be released on

probation of good conduct, the Court may, instead of sentencing him at once to any

punishment, direct that he be released on his entering into a bond or bail bond to appear and

receive sentence when called upon during such period (not exceeding three years) as the

Court may direct, and in the meantime to keep the peace and be of good behavior:

Provided that where any first offender is convicted by a Magistrate of the second

class not specially empowered by the High Court, and the Magistrate is of opinion that the

powers conferred by this section should be exercised, he shall record his opinion to that

effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused

to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case

in the manner provided by sub-section (2).

(2) Where proceedings are submitted to a Magistrate of the first class as provided by

sub-section (1), such Magistrate may thereupon pass such sentence or make such order as

he might have passed or made if the case had originally been heard by him, and, if he thinks

further inquiry or additional evidence on any point to be necessary, he may make such

inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest

misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023,

punishable with not more than two years’ imprisonment or any offence punishable with fine

only and no previous conviction is proved against him, the Court before which he is so

convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or

mental condition of the offender and to the trivial nature of the offence or any extenuating

circumstances under which the offence was committed, instead of sentencing him to any

punishment, release him after due admonition.

(4) An order under this section may be made by any Appellate Court or by the High

Court or Court of Session when exercising its powers of revision.

(5) When an order has been made under this section in respect of any offender, the

High Court or Court of Session may, on appeal when there is a right of appeal to such Court,

or when exercising its powers of revision, set aside such order, and in lieu thereof pass

sentence on such offender according to law:

Provided that the High Court or Court of Session shall not under this sub-section

inflict a greater punishment than might have been inflicted by the Court by which the

offender was convicted.

(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the

case of sureties offered in pursuance of the provisions of this section.

(7) The Court, before directing the release of an offender under sub-section (1), shall

be satisfied that an offender or his surety (if any) has a fixed place of abode or regular

occupation in the place for which the Court acts or in which the offender is likely to live

during the period named for the observance of the conditions.

(8) If the Court which convicted the offender, or a Court which could have dealt with

the offender in respect of his original offence, is satisfied that the offender has failed to

observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith

before the Court issuing the warrant, and such Court may either remand him in custody until

the case is heard or admit him to bail with a sufficient surety conditioned on his appearing

for sentence and such Court may, after hearing the case, pass sentence.

(10) Nothing in this section shall affect the provisions of the Probation of Offenders

Act, 1958, or the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other

law for the time being in force for the treatment, training or rehabilitation of youthful offenders.

402. Where in any case the Court could have dealt with,—

(a) an accused person under section 401 or under the provisions of the Probation

of Offenders Act, 1958; or

(b) a youthful offender under the Juvenile Justice (Care and Protection of

Children) Act, 2015 or any other law for the time being in force for the treatment,

training or rehabilitation of youthful offenders,

but has not done so, it shall record in its judgment the special reasons for not having done

so.

403. Save as otherwise provided by this Sanhita or by any other law for the time being

in force, no Court, when it has signed its judgment or final order disposing of a case, shall

alter or review the same except to correct a clerical or arithmetical error.

404. (1) When the accused is sentenced to imprisonment, a copy of the judgment

shall, immediately after the pronouncement of the judgment, be given to him free of cost.

(2) On the application of the accused, a certified copy of the judgment, or when he so

desires, a translation in his own language if practicable or in the language of the Court, shall

be given to him without delay, and such copy shall, in every case where the judgment is

appealable by the accused, be given free of cost:

Provided that where a sentence of death is passed or confirmed by the High Court, a

certified copy of the judgment shall be immediately given to the accused free of cost

whether or not he applies for the same.

(3) The provisions of sub-section (2) shall apply in relation to an order under

section 136 as they apply in relation to a judgment which is 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.

(5) Save as otherwise provided in sub-section (2), any person affected by a judgment

or order passed by a Criminal Court shall, on an application made in this behalf and on

payment of the prescribed charges, be given a copy of such judgment or order or of any

deposition or other part of the record:

Provided that the Court may, if it thinks fit for some special reason, give it to him free

of cost:

Provided further that the Court may, on an application made in this behalf by the

Prosecuting Officer, provide to the Government, free of cost, a certified copy of such

judgment, order, deposition or record.

(6) The High Court may, by rules, provide for the grant of copies of any judgment or

order of a Criminal Court to any person who is not affected by a judgment or order, on

payment, by such person, of such fees, and subject to such conditions, as the High Court

may, by such rules, provide.

405. 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 if either

party so requires, a translation thereof into the language of the Court shall be added to such

record.

406. 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.

CHAPTER XXX

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

407. (1) When the Court of Session passes a sentence of death, the proceedings shall

forthwith 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.

408. (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

itself, 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.

409. In any case submitted under section 407, 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

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.

410. 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.

411. 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 433.

412. In cases submitted by the Court of Session to the High Court for the confirmation

of a sentence of death, the proper officer of the High Court shall, without delay, after the

order of confirmation or other order has been made by the High Court, send either physically,

or through electronic means, a copy of the order, under the seal of the High Court and

attested with his official signature, to the Court of Session.

CHAPTER XXXI

APPEALS

413. No appeal shall lie from any judgment or order of a Criminal Court except as

provided for by this Sanhita or by any other law for the time being in force:

Provided that the victim shall have a right to prefer an appeal against any order

passed by the Court acquitting the accused or convicting for a lesser offence or imposing

inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily

lies against the order of conviction of such Court.

414. Any person,—

(i) who has been ordered under section 136 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 140,

may appeal against such order to the Court of Session:

Provided that nothing in this section shall apply to persons the proceedings against

whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2)

or sub-section (4) of section 141.

415. (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 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 Magistrate of the first class, or of the second

class; or

(b) sentenced under section 364; or

under section 401 by any Magistrate,

may appeal to the Court of Session.

(4) When an appeal has been filed against a sentence passed under section 64,

section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya

Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the

date of filing of such appeal.

416. Notwithstanding anything in section 415, where an accused person has pleaded

guilty and has been convicted on such plea, there shall be no appeal,—

(i) if the conviction is by a High Court; or

(ii) if the conviction is by a Court of Session or Magistrate of the first or second

class, except as to the extent or legality of the sentence.

417. Notwithstanding anything in section 415, there shall be no appeal by a convicted

person in any of the following cases, namely:—

(a) where a High Court passes only a sentence of imprisonment for a term not

exceeding three months or of fine not exceeding one thousand rupees, or of both

such imprisonment and fine;

(b) where a Court of Session passes only a sentence of imprisonment for a term

not exceeding three months or of fine not exceeding two hundred rupees, or of both

such imprisonment and fine;

exceeding one hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under

section 283 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, but such sentence shall not be appealable merely on the ground—

(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 imposed does not exceed the amount hereinbefore specified in respect of the

case.

418. (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 an appeal 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 any

agency empowered to make investigation into an offence under any Central Act other than

this Sanhita, the Central Government may also direct the Public Prosecutor to present an

appeal 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.

(3) When an appeal has been filed against the sentence on the ground of its

inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance

the sentence except after giving to the accused a reasonable opportunity of showing cause

against such enhancement and while showing cause, the accused may plead for his acquittal

or for the reduction of the sentence.

(4) When an appeal has been filed against a sentence passed under section 64,

section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya

Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the

date of filing of such appeal.

419. (1) Save as otherwise provided in sub-section (2), and subject to the provisions

of sub-sections (3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to

present an appeal to the Court of Session from an order of acquittal passed by a

Magistrate in respect of a cognizable and non-bailable offence;

(b) 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 not being an order under clause (a) or

an order of acquittal passed by the Court of Session in revision.

(2) If such an order of acquittal is passed in a case in which the offence has been

investigated by any agency empowered to make investigation into an offence under any

Central Act other than this Sanhita, the Central Government may, subject to the provisions

of sub-section (3), also direct the Public Prosecutor to present an appeal—

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in

respect of a cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed

by any Court other than a High Court not being an order under clause (a) or an order

of acquittal passed by the Court of Session in revision.

(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be

entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and

the High Court, on an application made to it by the complainant in this behalf, grants special

leave to appeal from the order of acquittal, the complainant may present such an appeal to

the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from

an order of acquittal shall be entertained by the High Court after the expiry of six months,

where the complainant is a public servant, and sixty days in every other case, computed

from the date of that order of acquittal.

(6) If, in any case, the application under sub-section (4) for the grant of special leave

to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie

under sub-section (1) or under sub-section (2).

420. Where the High Court has, on appeal, reversed an order of acquittal of an

accused person and 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.

421. Notwithstanding anything in this Chapter, when more persons than one are

convicted in one trial, and an appealable judgment or order has been passed in respect of

any of such persons, all or any of the persons convicted at such trial shall have a right of

appeal.

422. (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 may be heard and disposed of by the Chief Judicial Magistrate.

(2) An Additional 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.

423. Every appeal shall be made in the form of a petition in writing presented by the

appellant or his advocate, and every such petition shall (unless the Court to which it is

presented otherwise directs) be accompanied by a copy of the judgment or order appealed

against.

424. If the appellant is in jail, he may present his petition of appeal and the copies

accompanying the same to the officer in charge of the jail, who shall thereupon forward

such petition and copies to the proper Appellate Court.

425. (1) If upon examining the petition of appeal and copy of the judgment received

under section 423 or section 424, the Appellate Court considers that there is no sufficient

ground for interfering, it may dismiss the appeal summarily:

Provided that—

(a) no appeal presented under section 423 shall be dismissed unless the appellant

or his advocate has had a reasonable opportunity of being heard in support of the

same;

(b) no appeal presented under section 424 shall be dismissed except after giving

the appellant a reasonable opportunity of being heard in support of the same, unless

the Appellate Court considers that the appeal is frivolous or that the production of

the accused in custody before the Court would involve such inconvenience as would

be disproportionate in the circumstances of the case;

the period allowed for preferring such appeal has expired.

(2) Before dismissing an appeal under this section, the Court may call for the record of

the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of

Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 424 has been dismissed summarily

under this section and the Appellate Court finds that another petition of appeal duly presented

under section 423 on behalf of the same appellant has not been considered by it, that Court

may, notwithstanding anything contained in section 434, if satisfied that it is necessary in

the interests of justice so to do, hear and dispose of such appeal in accordance with law.

426. (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause

notice of the time and place at which such appeal will be heard to be given—

(i) to the appellant or his advocate;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon

complaint, to the complainant;

(iv) if the appeal is under section 418 or section 419, to the accused, and shall

also furnish such officer, complainant and accused with a copy of the grounds of

appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not

already available in that Court, and hear the parties:

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.

427. After perusing such record and hearing the appellant or his advocate, if he

appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418

or section 419, 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;

(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

(iii) with or without altering the finding, alter the nature or the extent, or,

the nature and extent, of the sentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;

(e) make any amendment or any consequential or incidental order that may be

just or proper:

Provided that the sentence shall not be enhanced unless the accused has had an

opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the

offence which in its opinion the accused has committed, than might have been inflicted for

that offence by the Court passing the order or sentence under appeal.

428. The rules contained in Chapter XXIX as to the judgment of a Criminal Court of

original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a

Court of Session or Chief Judicial Magistrate:

Provided that, unless the Appellate Court otherwise directs, the accused shall not be

brought up, or required to attend, to hear judgment delivered.

429. (1) Whenever a case is decided on appeal by the High Court under this Chapter,

it shall certify its judgment or order to the Court by which the finding, sentence or order

appealed against was recorded or passed and if such Court is that of a Judicial Magistrate

other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent

through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate,

the High Court's judgment or order shall be sent through the District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon

make such orders as are conformable to the judgment or order of the High Court; and if

necessary, the record shall be amended in accordance therewith.

430. (1) Pending any appeal by a convicted person, the Appellate Court may, for

reasons to be recorded by it in writing, order that the execution of the sentence or order

appealed against be suspended and, also, if he is in confinement, that he be released on bail,

or on his own bond or bail bond:

Provided that the Appellate Court shall, before releasing on his own bond or bail

bond a convicted person who is convicted of an offence punishable with death or

imprisonment for life or imprisonment for a term of not less than ten years, shall give

opportunity to the Public Prosecutor for showing cause in writing against such release:

Provided further that in cases where a convicted person is released on bail it shall be

open to the Public Prosecutor to file an application for the cancellation of the bail.

(2) The power conferred by this section on an Appellate Court may be exercised also

by the High Court in the case of an appeal by a convicted person to a Court subordinate

thereto.

(3) Where the convicted person satisfies the Court by which he is convicted that he

intends to present an appeal, the Court shall,—

(i) where such person, being on bail, is sentenced to imprisonment for a term

not exceeding three years; or

(ii) where the offence of which such person has been convicted is a bailable

one, and he is on bail,

order that the convicted person be released on bail, unless there are special reasons for

refusing bail, for such period as will afford sufficient time to present the appeal and obtain

the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment

shall, so long as he is so released on bail, be deemed to be suspended.

(4) When the appellant is ultimately sentenced to imprisonment for a term or to

imprisonment for life, the time during which he is so released shall be excluded in computing

the term for which he is so sentenced.

431. When an appeal is presented under section 419, the High Court may issue a

warrant directing that the accused be arrested and brought before it or any subordinate

Court, and the Court before which he is brought may commit him to prison pending the

disposal of the appeal or admit him to bail.

432. (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks

additional evidence to be necessary, shall record its reasons and may either take such

evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High

Court, by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate,

it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon

proceed to dispose of the appeal.

(3) The accused or his advocate shall have the right to be present when the additional

evidence is taken.

(4) The taking of evidence under this section shall be subject to the provisions of

Chapter XXV, as if it were an inquiry.

433. When an appeal under this Chapter is heard by a High Court before a Bench of

Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before

another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver

his opinion, and the judgment or order shall follow that opinion:

Provided that if one of the Judges constituting the Bench, or, where the appeal is laid

before another Judge under this section, that Judge, so requires, the appeal shall be

re-heard and decided by a larger Bench of Judges.

434. Judgments and orders passed by an Appellate Court upon an appeal shall be

final, except in the cases provided for in section 418, section 419, sub-section (4) of

section 425 or Chapter XXXII:

Provided that notwithstanding the final disposal of an appeal against conviction in

any case, the Appellate Court may hear and dispose of, on the merits,—

(a) an appeal against acquittal under section 419, arising out of the same

case; or

(b) an appeal for the enhancement of sentence under section 418, arising out of

the same case.

435. (1) Every appeal under section 418 or section 419 shall finally abate on the death

of the accused.

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine)

shall finally abate on the death of the appellant:

Provided that where the appeal is against a conviction and sentence of death or of

imprisonment, and the appellant dies during the pendency of the appeal, any of his near

relatives may, within thirty days of the death of the appellant, apply to the Appellate Court

for leave to continue the appeal; and if leave is granted, the appeal shall not abate.

Explanation.—In this section, "near relative" means a parent, spouse, lineal

descendant, brother or sister.

CHAPTER XXXII

REFERENCE AND REVISION

436. (1) Where any Court is satisfied that a case pending before it involves a question

as to the validity of any Act, Ordinance or Regulation or of any provision contained in an

Act, Ordinance or Regulation, the determination of which is necessary for the disposal of

the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or

inoperative, but has not been so declared by the High Court to which that Court is subordinate

or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons

therefor, and refer the same for the decision of the High Court.

Explanation.—In this section, "Regulation" means any Regulation as defined in the

General Clauses Act, 1897, or in the General Clauses Act of a State.

(2) A Court of Session may, if it thinks fit in any case pending before it to which the

provisions of sub-section (1) do not apply, refer for the decision of the High Court any

question of law arising in the hearing of such case.

(3) Any Court making a reference to the High Court under sub-section (1) or

sub-section (2) may, pending the decision of the High Court thereon, either commit the

accused to jail or release him on bail to appear when called upon.

437. (1) When a question has been so referred, the High Court shall pass such order

thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which

the reference was made, which shall dispose of the case conformably to the said order.

(2) The High Court may direct by whom the costs of such reference shall be paid.

438. (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 his own bond or bail 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 sub-section and of section 439.

(2) The powers of revision conferred by sub-section (1) 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 other of them.

439. On examining any record under section 438 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 226 or sub-section (4) of section 227, 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.

440. (1) In the case of any proceeding the record of which has been called for by

himself, the Sessions Judge may exercise all or any of the powers which may be exercised by

the High Court under sub-section (1) of section 442.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge

under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442

shall, so far as may be, apply to such proceeding and references in the said sub-sections to

the High Court shall be construed as references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before

the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person

shall be final and no further proceeding by way of revision at the instance of such person

shall be entertained by the High Court or any other Court.

441. An Additional Sessions Judge shall have and may exercise all the powers of a

Sessions Judge under this Chapter in respect of any case which may be transferred to him

by or under any general or special order of the Sessions Judge.

442. (1) In the case of any proceeding the record of which has been called for by itself

or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise

any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a

Court of Session by section 344, and, when the Judges composing the Court of revision are

equally divided in opinion, the case shall be disposed of in the manner provided by

section 433.

(2) No order under this section shall be made to the prejudice of the accused or other

person unless he has had an opportunity of being heard either personally or by advocate 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 Sanhita an appeal lies and no appeal is brought, no proceeding

by way of revision shall be entertained at the instance of the party who could have

appealed.

(5) Where under this Sanhita 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.

443. (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 questions

involved, which of the two Courts should finally dispose of the applications for revision

and when the High Court decides that all the applications 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 to the Sessions

Judge, no further application for revision shall lie to the High Court or to any other Court at

the instance of the person or persons whose applications for revision have been disposed

of by the Sessions Judge.

444. Save as otherwise expressly provided by this Sanhita, no party has any right to

be heard either personally or by an advocate 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 an advocate.

445. 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 429, 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.

CHAPTER XXXIII

TRANSFER OF CRIMINAL CASES

446. (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 one High Court to another High Court or from a Criminal Court subordinate

to one High Court to another Criminal Court of equal or superior jurisdiction 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 party 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 as it may consider appropriate in the circumstances of

the case.

447. (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

or will tend to 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 197 to 205 (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 to a Court of Session; or

(iv) that any particular case or appeal be transferred to and tried before itself.

(2) The High Court may act either on the report of the lower Court, or on the application

of a party interested, or on its own initiative:

Provided that no application shall lie to the High Court for transferring a case from

one Criminal Court to another Criminal Court in the same sessions division, unless an

application for such transfer has been made to the Sessions Judge and rejected by him.

(3) Every application for an order under sub-section (1) shall be made by motion,

which shall, except when the applicant is the Advocate-General of the State, be supported

by affidavit or affirmation.

(4) When such application is made by an accused person, the High Court may direct

him to execute a bond or bail bond for the payment of any compensation which the High

Court may award under sub-section (7).

(5) Every accused person making such application shall give to the Public Prosecutor

notice in writing of the application, together with a copy of the grounds on which it is made;

and no order shall be made on the merits of the application unless at least twenty-four hours

have elapsed between the giving of such notice and the hearing of the application

(6) Where the application is for the transfer of a case or appeal from any subordinate

Court, the High Court may, if it is satisfied that it is necessary so to do in the interest 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 346.

(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 application

such sum 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 the Government

under section 218.

448. (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 sessions 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 447 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

sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as

if for the word "sum" occurring therein, the words "sum not exceeding ten thousand rupees"

were substituted.

449. (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or

appeal which he has made over to a 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, a 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 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 Sanhita to another Court for trial or

hearing, as the case may be.

450. (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 212 to any other Magistrate and may inquire into or try such

cases himself.

451. Any District Magistrate or Sub-divisional Magistrate may—

(a) make over, for disposal, any proceeding which has been started before him,

to any Magistrate subordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any

Magistrate subordinate to him, and dispose of such proceeding himself or refer it for

disposal to any other Magistrate.

452. A Sessions Judge or Magistrate making an order under section 448, section 449,

section 450 or section 451 shall record his reasons for making it.

CHAPTER XXXIV

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death sentences

453. When in a case submitted to the High Court for the confirmation of a sentence of

death, the Court of Session receives the order of confirmation or other order of the High

Court thereon, it shall cause such order to be carried into effect by issuing a warrant or

taking such other steps as may be necessary.

454. When a sentence of death is passed by the High Court in appeal or in revision,

the Court of Session shall, on receiving the order of the High Court, cause the sentence to

be carried into effect by issuing a warrant.

455. (1) Where a person is sentenced to death by the High Court and an appeal from

its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1)

of article 134 of the Constitution, the High Court shall order the execution of the sentence to

be postponed until the period allowed for preferring such appeal has expired, or if, an appeal

is preferred within that period, until such appeal is disposed of.

(2) Where a sentence of death is passed or confirmed by the High Court, and the

person sentenced makes an application to the High Court for the grant of a certificate under

article 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution, the High

Court shall order the execution of the sentence to be postponed until such application is

disposed of by the High Court, or if a certificate is granted on such application, until the

period allowed for preferring an appeal to the Supreme Court on such certificate has expired.

(3) Where a sentence of death is passed or confirmed by the High Court, and the High

Court is satisfied that the person sentenced intends to present a petition to the Supreme

Court for the grant of special leave to appeal under article 136 of the Constitution, the High

Court shall order the execution of the sentence to be postponed for such period as it

considers sufficient to enable him to present such petition.

456. If a woman sentenced to death is found to be pregnant, the High Court shall

commute the sentence to imprisonment for life.

B.—Imprisonment

457. (1) Except when otherwise provided by any law for the time being in force, the

State Government may direct in what place any person liable to be imprisoned or committed

to custody under this Sanhita shall be confined.

(2) If any person liable to be imprisoned or committed to custody under this Sanhita

is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal

may direct that the person be removed to a criminal jail.

(3) When a person is removed to a criminal jail under sub-section (2), he shall, on

being released therefrom, be sent back to the civil jail, unless either—

(a) three years have elapsed since he was removed to the criminal jail, in which

case he shall be deemed to have been released from the civil jail under section 58 of

the Code of Civil Procedure, 1908; or

(b) the Court which ordered his imprisonment in the civil jail has certified to the

officer in charge of the criminal jail that he is entitled to be released under section 58

of the Code of Civil Procedure, 1908.

458. (1) Where the accused is sentenced to imprisonment for life or to imprisonment

for a term in cases other than those provided for by section 453, the Court passing the

sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be,

confined, and, unless the accused is already confined in such jail or other place, shall

forward him to such jail or other place, with the warrant:

Provided that where the accused is sentenced to imprisonment till the rising of the

Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may

be confined in such place as the Court may direct.

(2) Where the accused is not present in Court when he is sentenced to such

imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his

arrest for the purpose of forwarding him to the jail or other place in which he is to be

confined; and in such case, the sentence shall commence on the date of his arrest.

459. Every warrant for the execution of a sentence of imprisonment shall be directed

to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined.

460. When the prisoner is to be confined in a jail, the warrant shall be lodged with the

jailor.

C.—Levy of fine

461. (1) When an offender has been sentenced to pay a fine, but no such payment

has been made, the Court passing the sentence may take action for the recovery of the fine

in either or both of the following ways, that is to say, it may—

(a) issue a warrant for the levy of the amount by attachment and sale of any

movable property belonging to the offender;

(b) issue a warrant to the Collector of the district, authorising him to realise the

amount as arrears of land revenue from the movable or immovable property, or both,

of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the

offender shall be imprisoned, and if such offender has undergone the whole of such

imprisonment in default, no Court shall issue such warrant unless, for special reasons to be

recorded in writing, it considers it necessary so to do, or unless it has made an order for the

payment of expenses or compensation out of the fine under section 395.

(2) The State Government may make rules regulating the manner in which warrants

under clause (a) of sub-section (1) are to be executed, and for the summary determination of

any claims made by any person other than the offender in respect of any property attached

in execution of such warrant.

(3) Where the Court issues a warrant to the Collector under clause (b) of

sub-section (1), the Collector shall realise the amount in accordance with the law relating to

recovery of arrears of land revenue, as if such warrant were a certificate issued under such law:

Provided that no such warrant shall be executed by the arrest or detention in prison of

the offender.

462. A warrant issued under clause (a) of sub-section (1) of section 461 by any Court

may be executed within the local jurisdiction of such Court, and it shall authorise the

attachment and sale of any such property outside such jurisdiction, when it is endorsed by

the District Magistrate within whose local jurisdiction such property is found.

463. Notwithstanding anything in this Sanhita or in any other law for the time being

in force, when an offender has been sentenced to pay a fine by a Criminal Court in any

territory to which this Sanhita does not extend and the Court passing the sentence issues

a warrant to the Collector of a district in the territories to which this Sanhita extends,

authorising him to realise the amount as if it were an arrear of land revenue, such warrant

shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by

a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3)

of the said section as to the execution of such warrant shall apply accordingly.

464. (1) When an offender has been sentenced to fine only and to imprisonment in

default of payment of the fine, and the fine is not paid forthwith, the Court may—

(a) order that the fine shall be payable either in full on or before a date not more

than thirty days from the date of the order, or in two or three installments, of which the

first shall be payable on or before a date not more than thirty days from the date of the

order and the other or others at an interval or at intervals, as the case may be, of not

more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the

offender, on the execution by the offender of a bond or bail bond, as the Court thinks

fit, conditioned for his appearance before the Court on the date or dates on or before

which payment of the fine or the installments thereof, as the case may be, is to be

made; and if the amount of the fine or of any installment, as the case may be, is not

realised on or before the latest date on which it is payable under the order, the Court

may direct the sentence of imprisonment to be carried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case in which an

order for the payment of money has been made on non-recovery of which imprisonment

may be awarded and the money is not paid forthwith; and, if the person against whom the

order has been made, on being required to enter into a bond such as is referred to in that

sub-section, fails to do so, the Court may at once pass sentence of imprisonment.

D.—General provisions regarding execution

465. Every warrant for the execution of a sentence may be issued either by the Judge

or Magistrate who passed the sentence, or by his successor-in-office.

466. (1) When a sentence of death, imprisonment for life or fine is passed under this

Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore

contained, take effect immediately.

(2) When a sentence of imprisonment for a term is passed under this Sanhita on an

escaped convict,—

(a) if such sentence is severer in kind than the sentence which such convict

was undergoing when he escaped, the new sentence shall take effect immediately;

(b) if such sentence is not severer in kind than the sentence which such convict

was undergoing when he escaped, the new sentence shall take effect after he has

suffered imprisonment for a further period equal to that which, at the time of his

escape, remained unexpired of his former sentence.

(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be

deemed to be severer in kind than a sentence of simple imprisonment.

467. (1) When a person already undergoing a sentence of imprisonment is sentenced

on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or

imprisonment for life shall commence at 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 141 in default of furnishing security is, whilst undergoing such sentence,

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.

468. Where an accused person has, on conviction, been sentenced to imprisonment

for a term, 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:

Provided that in cases referred to in section 475, such period of detention shall be set

off against the period of fourteen years referred to in that section.

469. (1) Nothing in section 466 or section 467 shall be held to excuse any person from

any part of the punishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a

substantive sentence of imprisonment and the person undergoing the sentence is after its

execution to undergo a further substantive sentence or further substantive sentences of

imprisonment, effect shall not be given to the award of imprisonment in default of payment

of the fine until the person has undergone the further sentence or sentences.

470. When a sentence has been fully executed, the officer executing it shall return the

warrant to the Court from which it is issued, with an endorsement under his hand certifying

the manner in which the sentence has been executed.

471. Any money (other than a fine) payable by virtue of any order made under this

Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall

be recoverable as if it were a fine:

Provided that section 461 shall, in its application to an order under section 400, by

virtue of this section, be construed as if in the proviso to sub-section (1) of section 461,

after the words and figures "under section 395", the words and figures "or an order for

payment of costs under section 400" had been inserted.

E.—Suspension, remission and commutation of sentences

472. (1) A convict under the sentence of death or his legal heir or any other relative

may, if he has not already submitted a petition for mercy, file a mercy petition before the

President of India under article 72 or the Governor of the State under article 161 of the

Constitution within a period of thirty days from the date on which the Superintendent of the

jail,—

(i) informs him about the dismissal of the appeal, review or special leave to

appeal by the Supreme Court; or

(ii) informs him about the date of confirmation of the sentence of death by the

High Court and the time allowed to file an appeal or special leave in the Supreme Court

has expired.

(2) The petition under sub-section (1) may, initially be made to the Governor and on

its rejection or disposal by the Governor, the petition shall be made to the President within

a period of sixty days from the date of rejection or disposal of such petition.

(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that

every convict, in case there are more than one convict in a case, also files the mercy petition

within a period of sixty days and on non-receipt of such petition from the other convicts,

Superintendent of the jail shall send the names, addresses, copy of the record of the case

and all other details of the case to the Central Government or the State Government for

consideration along with the said mercy petition.

(4) The Central Government shall, on receipt of the mercy petition seek the comments

of the State Government and consider the petition along with the records of the case and

make recommendations to the President in this behalf, as expeditiously as possible, within

a period of sixty days from the date of receipt of comments of the State Government and

records from Superintendent of the Jail.

(5) The President may, consider, decide and dispose of the mercy petition and, in case

there are more than one convict in a case, the petitions shall be decided by the President

together in the interests of justice.

(6) Upon receipt of the order of the President on the mercy petition, the Central

Government shall within forty-eight hours, communicate the same to the Home Department

of the State Government and the Superintendent of the jail or officer in charge of the jail.

(7) No appeal shall lie in any Court against the order of the President or of the

Governor made under article 72 or article 161 of the Constitution and it shall be final, and any

question as to the arriving of the decision by the President or the Governor shall not be

inquired into in any Court.

473. (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 which

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

person above the age of eighteen years, no such petition by the person sentenced or by

any other person on his behalf shall be entertained, unless the person sentenced is in jail,

and—

(a) where such petition is made by the person sentenced, it is presented through

the officer in charge of the jail; or

(b) where such petition is made by any other person, it contains a declaration

that the person sentenced is in jail.

(6) The provisions of the above sub-sections shall also apply to any order passed by

a Criminal Court under any section of this Sanhita or of any other law, which restricts the

liberty of any person or imposes any liability upon him or his property.

(7) In this section and in section 474, the expression "appropriate Government"

means,—

(a) in cases where the sentence is for an offence against, or the order referred to

in sub-section (6) is passed under, any law relating to a matter to which the executive

power of the Union extends, the Central Government;

(b) in other cases, the Government of the State within which the offender is

sentenced or the said order is passed.

474. The appropriate Government may, without the consent of the person sentenced,

commute—

(a) a sentence of death, for imprisonment for life;

(b) a sentence of imprisonment for life, for imprisonment for a term not less than

seven years;

term not less than three years;

(d) a sentence of imprisonment for less than seven years, for fine;

(e) a sentence of rigorous imprisonment, for simple imprisonment for any term

to which that person might have been sentenced.

475. Notwithstanding anything contained in section 473, where a sentence of

imprisonment for life is imposed on conviction of a person for an offence for which death is

one of the punishments provided by law, or where a sentence of death imposed on a person

has been commuted under section 474 into one of imprisonment for life, such person shall

not be released from prison unless he had served at least fourteen years of imprisonment.

476. The powers conferred by sections 473 and 474 upon the State Government may,

in the case of sentences of death, also be exercised by the Central Government.

477. (1) The powers conferred by sections 473 and 474 upon the State Government to

remit or commute a sentence, in any case where the sentence is for an offence—

(a) which was investigated by any agency empowered to make investigation

into an offence under any Central Act other than this Sanhita; or

(b) which involved the misappropriation or destruction of, or damage to, any

property belonging to the Central Government; or

while acting or purporting to act in the discharge of his official duty,

shall not be exercised by the State Government except after concurrence with the Central

Government.

(2) No order of suspension, remission or commutation of sentences passed by the State

Government in relation to a person, who has been convicted of offences, some of which relate to

matters to which the executive power of the Union extends, and who has been sentenced to

separate terms of imprisonment which are to run concurrently, shall have effect unless an order

for the suspension, remission or commutation, as the case may be, of such sentences has also

been made by the Central Government in relation to the offences committed by such person

with regard to matters to which the executive power of the Union extends.

CHAPTER XXXV

PROVISIONS AS TO BAIL AND BONDS

478. (1) When any person other than a person accused of a non-bailable offence is

arrested or detained without warrant by an officer in charge of a police station, or appears

or is brought before a Court, and is prepared at any time while in the custody of such officer

or at any stage of the proceeding before such Court to give bail, such person shall be

released on bail:

Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person

is indigent and is unable to furnish surety, instead of taking bail bond from such person,

discharge him on his executing a bond for his appearance as hereinafter provided.

Explanation.—Where a person is unable to give bail bond within a week of the date

of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is

an indigent person for the purposes of this proviso:

Provided further that nothing in this section shall be deemed to affect the provisions

of sub-section (3) of section 135 or section 492.

(2) Notwithstanding anything in sub-section (1), where a person has failed to comply

with the conditions of the bond or bail bond as regards the time and place of attendance, the

Court may refuse to release him on bail, when on a subsequent occasion in the same case he

appears before the Court or is brought in custody and any such refusal shall be without

prejudice to the powers of the Court to call upon any person bound by such bond or bail

bond to pay the penalty thereof under section 491.

479. (1) Where a person has, during the period of investigation, inquiry or trial under

this Sanhita of an offence under any law (not being an offence for which the punishment of

death or life imprisonment 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

bail:

Provided that where such person is a first-time offender (who has never been convicted

of any offence in the past) he shall be released on bond by the Court, if he has undergone

detention for the period extending up to one-third of the maximum period of imprisonment

specified for such offence under that law:

Provided further 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 bond instead of his

bond:

Provided also 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.

(2) Notwithstanding anything in sub-section (1), and subject to the third proviso

thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases

are pending against a person, he shall not be released on bail by the Court.

(3) The Superintendent of jail, where the accused person is detained, on completion

of one-half or one-third of the period mentioned in sub-section (1), as the case may be, shall

forthwith make an application in writing to the Court to proceed under sub-section (1) for

the release of such person on bail.

480. (1) When any person accused of, or suspected of, the commission of any

non-bailable offence is arrested or detained without warrant by an officer in charge of a

police station or appears or is brought before a Court other than the High Court or Court of

Session, he may be released on bail, but—

(i) such person shall not be so released if there appear reasonable grounds for

believing that he has been guilty of an offence punishable with death or imprisonment

for life;

(ii) such person shall not be so released if such offence is a cognizable offence

and he had been previously convicted of an offence punishable with death,

imprisonment for life or imprisonment for seven years or more, or he had been

previously convicted on two or more occasions of a cognizable offence punishable

with imprisonment for three years or more but less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii)

be released on bail if such person is a child 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 or for police custody beyond the first fifteen

days 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 he shall comply with such directions as may

be given by the Court:

Provided also that no person shall, if the offence alleged 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, the accused shall, subject to the provisions of section 492 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 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, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment

of, or conspiracy or attempt to commit, any such offence, is released on bail under

sub-section (1), 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

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 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, in 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 for his appearance

to hear judgment delivered.

481. (1) Before conclusion of the trial and before disposal of the appeal, the Court

trying the offence or the Appellate Court, as the case may be, shall require the accused to

execute a bond or bail bond, to appear before the higher Court as and when such Court

issues notice in respect of any appeal or petition filed against the judgment of the respective

Court and such bond shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under

section 491 shall apply.

482. (1) When any person has reason to believe that he may be arrested on an

accusation of having committed a non-bailable offence, he may apply to the High Court or

the Court of Session for a direction under this section; and that Court may, if it thinks fit,

direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under

sub-section (1), it may include such conditions in such directions in the light of the facts of

the particular case, as it may think fit, including—

(i) a condition that the person shall make himself available for interrogation by

a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted with the facts of the case so

as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous

permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of

section 480, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a

police station on such accusation, and is prepared either at the time of arrest or at any time

while in the custody of such officer to give bail, he shall be released on bail; and if a

Magistrate taking cognizance of such offence decides that a warrant should be issued in

the first instance against that person, he shall issue a bailable warrant in conformity with the

direction of the Court under sub-section (1).

(4) Nothing in this section shall apply to any case involving the arrest of any person

on accusation of having committed an offence under section 65 and sub-section (2) of

section 70 of the Bharatiya Nyaya Sanhita, 2023.

483. (1) A High Court or Court of Session may direct,—

(a) that any person accused of an offence and in custody be released on bail,

and if the offence is of the nature specified in sub-section (3) of section 480, may

impose any condition which it considers necessary for the purposes mentioned in

that sub-section;

(b) that any condition imposed by a Magistrate when releasing any person on

bail be set aside or modified:

Provided that the High Court or the Court of Session shall, before granting bail to a

person who is accused of an offence which is triable exclusively by the Court of Session or

which, though not so triable, is punishable with imprisonment for life, give notice of the

application for bail to the Public Prosecutor unless it is, for reasons to be recorded in

writing, of opinion that it is not practicable to give such notice:

Provided further that the High Court or the Court of Session shall, before granting

bail to a person who is accused of an offence triable under section 65 or sub-section (2) of

section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the

Public Prosecutor within a period of fifteen days from the date of receipt of the notice of

such application.

(2) The presence of the informant or any person authorised by him shall be obligatory

at the time of hearing of the application for bail to the person under section 65 or

sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023.

(3) A High Court or Court of Session may direct that any person who has been

released on bail under this Chapter be arrested and commit him to custody.

484. (1) The amount of every bond executed under this Chapter shall be fixed with

due regard to the circumstances of the case and shall not be excessive.

(2) The High Court or the Court of Session may direct that the bail required by a police

officer or Magistrate be reduced.

485. (1) Before any person is released on bond or bail bond, a bond for such sum of

money as the police officer or Court, as the case may be, thinks sufficient shall be executed

by such person, and, when he is released on bond or bail bond, by one or more sufficient

sureties conditioned that such person shall attend at the time and place mentioned in the

bond, and shall continue so to attend until otherwise directed by the police officer or Court,

as the case may be.

(2) Where any condition is imposed for the release of any person on bail, the bond or

bail bond shall also contain that condition.

(3) If the case so requires, the bond or bail bond shall also bind the person released

on bail to appear when called upon at the High Court, Court of Session or other Court to

answer the charge.

(4) For the purpose of determining whether the sureties are fit or sufficient, the Court

may accept affidavits in proof of the facts contained therein relating to the sufficiency or

fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause

an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or

fitness.

486. Every person standing surety to an accused person for his release on bail, shall

make a declaration before the Court as to the number of persons to whom he has stood

surety including the accused, giving therein all the relevant particulars.

487. (1) As soon as the bond or bail bond has been executed, the person for whose

appearance it has been executed shall be released; and, when he is in jail, the court admitting

him to bail shall issue an order of release to the officer in charge of the jail, and such officer

on receipt of the orders shall release him.

(2) Nothing in this section, section 478 or section 480, shall be deemed to require the

release of any person liable to be detained for some matter other than that in respect of

which the bond or bail bond was executed.

488. If, through mistake, fraud or otherwise, insufficient sureties have been accepted,

or if they afterwards become insufficient, the Court may issue a warrant of arrest directing

that the person released on bail be brought before it and may order him to find sufficient

sureties, and, on his failing so to do, may commit him to jail.

489. (1) All or any sureties for the attendance and appearance of a person released on

bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as

relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest

directing that the person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary

surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as

relates to the applicants, and shall call upon such person to find other sufficient sureties,

and, if he fails to do so, may commit him to jail.

490. When any person is required by any Court or officer to execute a bond or bail

bond, such Court or officer may, except in the case of a bond for good behaviour, permit him

to deposit a sum of money or Government promissory notes to such amount as the Court or

officer may fix in lieu of executing such bond.

491. (1) Where,—

(a) a bond under this Sanhita is for appearance, or for production of property,

before a Court and it is proved to the satisfaction of that Court, or of any Court to

which the case has subsequently been transferred, that the bond has been forfeited; or

(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction

of the Court by which the bond was taken, or of any Court to which the case has

subsequently been transferred, or of the Court of any Magistrate of the first class,

that the bond has been forfeited,

the Court shall record the grounds of such proof, and may call upon any person bound by

such bond to pay the penalty thereof or to show cause why it should not be paid.

Explanation.—A condition in a bond for appearance, or for production of property,

before a Court shall be construed as including a condition for appearance, or as the case

may be, for production of property, before any Court to which the case may subsequently

be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed

to recover the same as if such penalty were a fine imposed by it under this Sanhita:

Provided that where such penalty is not paid and cannot be recovered in the manner

aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the

recovery of the penalty, to imprisonment in civil jail for a term which may extend to six

months.

(3) The Court may, after recording its reasons for doing so, remit any portion of the

penalty mentioned and enforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be

discharged from all liability in respect of the bond.

(5) Where any person who has furnished security under section 125 or section 136 or

section 401 is convicted of an offence the commission of which constitutes a breach of the

conditions of his bond, or of a bond executed in lieu of his bond under section 494, a

certified copy of the judgment of the Court by which he was convicted of such offence may

be used as evidence in proceedings under this section against his surety or sureties, and,

if such certified copy is so used, the Court shall presume that such offence was committed

by him unless the contrary is proved.

492. Without prejudice to the provisions of section 491, where a bond or bail bond

under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a

condition,—

(a) the bond executed by such person as well as the bond, if any, executed by

one or more of his sureties in that case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that

case, if the police officer or the Court, as the case may be, for appearance before

whom the bond was executed, is satisfied that there was no sufficient cause for the

failure of the person bound by the bond to comply with its condition:

Provided that subject to any other provisions of this Sanhita he may be released in

that case upon the execution of a fresh personal bond for such sum of money and bond by

one or more of such sureties as the police officer or the Court, as the case may be, thinks

sufficient.

493. When any surety to a bail bond under this Sanhita becomes insolvent or dies,

or when any bond is forfeited under the provisions of section 491, the Court by whose order

such bond was taken, or a Magistrate of the first class may order the person from whom

such security was demanded to furnish fresh security in accordance with the directions of

the original order, and if such security is not furnished, such Court or Magistrate may

proceed as if there had been a default in complying with such original order.

494. When the person required by any Court, or officer to execute a bond is a child,

such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties

only.

495. All orders passed under section 491 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 Session, to the Court to which an

appeal lies from an order made by such Court.

496. 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.

CHAPTER XXXVI

DISPOSAL OF PROPERTY

497. (1) When any property is produced before any Criminal Court or the Magistrate

empowered to take cognizance or commit the case for trial during any investigation, inquiry

or trial, the Court or the Magistrate may make such order as it thinks fit for the proper

custody of such property pending the conclusion of the investigation, 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 or the Magistrate 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.

(2) The Court or the Magistrate shall, within a period of fourteen days from the

production of the property referred to in sub-section (1) before it, prepare a statement of

such property containing its description in such form and manner as the State Government

may, by rules, provide.

(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary,

videograph on mobile phone or any electronic media, of the property referred to in

sub-section (1).

(4) The statement prepared under sub-section (2) and the photograph or the

videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or

other proceeding under the Sanhita.

(5) The Court or the Magistrate shall, within a period of thirty days after the statement

has been prepared under sub-section (2) and the photograph or the videography has been

taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the

property in the manner specified hereinafter.

498. (1) When an investigation, inquiry or trial in any criminal case is concluded, the

Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction,

confiscation or delivery to any person claiming to be entitled to possession thereof or

otherwise, of any property or document produced before it or in its custody, or regarding

which any offence appears to have been committed, or which has been used for the

commission of any offence.

(2) An order may be made under sub-section (1) for the delivery of any property to

any person claiming to be entitled to the possession thereof, without any condition or on

condition that he executes a bond, with or without securities, to the satisfaction of the

Court or the Magistrate, engaging to restore such property to the Court if the order made

under sub-section (1) is modified or set aside on appeal or revision.

(3) A Court of Session may, instead of itself making an order under sub-section (1),

direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon

deal with it in the manner provided in sections 503, 504 and 505.

(4) Except where the property is livestock or is subject to speedy and natural decay,

or where a bond has been executed in pursuance of sub-section (2), an order made under

sub-section (1) shall not be carried out for two months, or when an appeal is presented,

until such appeal has been disposed of.

(5) In this section, the term "property" includes, in the case of property regarding

which an offence appears to have been committed, not only such property as has been

originally in the possession or under the control of any party, but also any property into or

for which the same may have been converted or exchanged, and anything acquired by such

conversion or exchange, whether immediately or otherwise.

499. When any person is convicted of any offence which includes, or amounts to,

theft or receiving stolen property, and it is proved that any other person bought the stolen

property from him without knowing or having reason to believe that the same was stolen,

and that any money has on his arrest been taken out of the possession of the convicted

person, the Court may, on the application of such purchaser and on the restitution of the

stolen property to the person entitled to the possession thereof, order that out of such

money a sum not exceeding the price paid by such purchaser be delivered to him within six

months from the date of such order.

500. (1) Any person aggrieved by an order made by a Court or Magistrate under

section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie

from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending

disposal of the appeal, or may modify, alter or annul the order and make any further orders

that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of

appeal, confirmation or revision while dealing with the case in which the order referred to in

sub-section (1) was made.

501. (1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of

section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of all

the copies of the thing in respect of which the conviction was had, and which are in the

custody of the Court or remain in the possession or power of the person convicted.

(2) The Court may, in like manner, on a conviction under section 274, section 275,

section 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug

or medical preparation in respect of which the conviction was had, to be destroyed.

502. (1) When a person is convicted of an offence by use of criminal force or show of

force or by criminal intimidation, and it appears to the Court that, by such use of force or

show of force or intimidation, any person has been dispossessed of any immovable property,

the Court may, if it thinks fit, order that possession of the same be restored to that person

after evicting by force, if necessary, any other person who may be in possession of the

property:

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 500 shall apply in relation thereto as they apply in relation to an order under section 499.

(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.

503. (1) Whenever the seizure of property by any police officer is reported to a

Magistrate under the provisions of this Sanhita, 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 be

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.

504. (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 the State Government may, by rules,

provide.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily

lie from convictions by the Magistrate.

505. If the person entitled to the possession of such property is unknown or absent

and the property is subject to speedy and natural decay, or if the Magistrate to whom its

seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the

value of such property is less than ten thousand rupees, the Magistrate may at any time

direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be

practicable, apply to the net proceeds of such sale.

CHAPTER XXXVII

IRREGULAR PROCEEDINGS

506. If any Magistrate not empowered by law to do any of the following things,

namely:—

(a) to issue a search-warrant under section 97;

(b) to order, under section 174, the police to investigate an offence;

(d) to issue process under section 207, for the apprehension of a person within

his local jurisdiction who has committed an offence outside the limits of such

jurisdiction;

(e) to take cognizance of an offence under clause (a) or clause (b) of

sub-section (1) of section 210;

(f) to make over a case under sub-section (2) of section 212;

(g) to tender a pardon under section 343;

(h) to recall a case and try it himself under section 450; or

(i) to sell property under section 504 or section 505,

erroneously in good faith does that thing, his proceedings shall not be set aside merely on

the ground of his not being so empowered.

507. If any Magistrate, not being empowered by law in this behalf, does any of the

following things, namely:—

(a) attaches and sells property under section 85;

(b) issues a search-warrant for a document, parcel or other things in the custody

of a postal authority;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour;

(f) cancels a bond to keep the peace;

(g) makes an order for maintenance;

(h) makes an order under section 152 as to a local nuisance;

(i) prohibits, under section 162, the repetition or continuance of a public

nuisance;

(j) makes an order under Part C or Part D of Chapter XI;

(k) takes cognizance of an offence under clause (c) of sub-section (1) of

section 210;

(l) tries an offender;

(m) tries an offender summarily;

(n) passes a sentence, under section 364, on proceedings recorded by another

Magistrate;

(o) decides an appeal;

(p) calls, under section 438, for proceedings; or

(q) revises an order passed under section 491,

his proceedings shall be void.

508. 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.

509. (1) If any Court before which a confession or other statement of an accused

person recorded, or purporting to be recorded under section 183 or section 316, 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 94 of the Bharatiya Sakshya Adhiniyam,

2023, 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.

510. (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 charges, 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.

511. (1) Subject to the provisions hereinbefore contained, no finding, sentence or

order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of

appeal, confirmation of 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 Sanhita, 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.

(2) In determining whether any error, omission or irregularity in any proceeding under

this Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioned

a failure of justice, the Court shall have regard to the fact whether the objection could and

should have been raised at an earlier stage in the proceedings.

512. No attachment made under this Sanhita shall be deemed unlawful, nor shall any

person making the same be deemed a trespasser, on account of any defect or want of form

in the summons, conviction, writ of attachment or other proceedings relating thereto.

CHAPTER XXXVIII

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

513. For the purposes of this Chapter, unless the context otherwise requires, "period

of limitation" means the period specified in section 514 for taking cognizance of an offence.

514. (1) Except as otherwise provided in this Sanhita, no Court shall take cognizance

of an offence of the category specified in sub-section (2), after the expiry of the period of

limitation.

(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not

exceeding one year;

exceeding one year but not exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences

which may be tried together, shall be determined with reference to the offence which is

punishable with the more severe punishment or, as the case may be, the most severe

punishment.

Explanation.—For the purpose of computing the period of limitation, the relevant

date shall be the date of filing complaint under section 223 or the date of recording of

information under section 173.

515. (1) The period of limitation, in relation to an offender, shall commence,—

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved

by the offence or to any police officer, the first day on which such offence comes to

the knowledge of such person or to any police officer, whichever is earlier; or

which the identity of the offender is known to the person aggrieved by the offence or

to the police officer making investigation into the offence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed

shall be excluded.

516. (1) In computing the period of limitation, the time during which any person has

been prosecuting with due diligence another prosecution, whether in a Court of first instance

or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the

same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or

other cause of a like nature, is unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed

by an injunction or order, then, in computing the period of limitation, the period of the

continuance of the injunction or order, the day on which it was issued or made, and the day

on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any

law for the time being in force, the previous consent or sanction of the Government or any

other authority is required for the institution of any prosecution for an offence, then, in

computing the period of limitation, the period of such notice or, as the case may be, the time

required for obtaining such consent or sanction shall be excluded.

Explanation.—In computing the time required for obtaining the consent or sanction

of the Government or any other authority, the date on which the application was made for

obtaining the consent or sanction and the date of receipt of the order of the Government or

other authority shall both be excluded.

(4) In computing the period of limitation, the time during which the offender—

(a) has been absent from India or from any territory outside India which is

under the administration of the Central Government; or

(b) has avoided arrest by absconding or concealing himself,

shall be excluded.

517. Where the period of limitation expires on a day when the Court is closed, the

Court may take cognizance on the day on which the Court reopens.

Explanation.—A Court shall be deemed to be closed on any day within the meaning

of this section, if, during its normal working hours, it remains closed on that day.

518. 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.

519. Notwithstanding anything contained in the foregoing provisions of this Chapter,

any Court may take cognizance of an offence after the expiry of the period of limitation, 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.

CHAPTER XXXIX

MISCELLANEOUS

520. When an offence is tried by the High Court otherwise than under section 447, 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.

521. (1) The Central Government may make rules consistent with this Sanhita and the

Air Force Act, 1950, the Army Act, 1950, the Navy Act, 1957, 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 army, naval or air-force law, or such other law, shall be tried by a Court to which

this Sanhita 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

Sanhita 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 army, naval or air-force station, as the case may be, for the 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 purpose by the

commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed

at any such place, use his utmost endeavours 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.

522. 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.

523. (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;

determining the authority by which such contravention may be investigated and the

penalties imposed;

(d) any other matter which is required to be, or may be, provided by rules made

by the State Government.

(2) All rules made under this section shall be published in the Official Gazette.

524. If the Legislative Assembly of a State by a resolution so permits, the State

Government may, after consultation with the High Court, by notification, direct that references

in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as

references to a Judicial Magistrate of the first class.

525. 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.

526. No advocate who practices 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.

527. A public servant having any duty to perform in connection with the sale of any

property under this Sanhita shall not purchase or bid for the property.

528. Nothing in this Sanhita 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 under

this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the

ends of justice.

529. Every High Court shall so exercise its superintendence over the Courts of Session

and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious

and proper disposal of cases by the Judges and Magistrates.

530. All trials, inquires and proceedings under this Sanhita, including—

(i) issuance, service and execution of summons and warrant;

(ii) examination of complainant and witnesses;

(iii) recording of evidence in inquiries and trials; and

(iv) all appellate proceedings or any other proceeding,

may be held in electronic mode, by use of electronic communication or use of audio-video

electronic means.

531. (1) The Code of Criminal Procedure, 1973 is hereby repealed.

(2) Notwithstanding such repeal—

(a) if, immediately before the date on which this Sanhita 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, 1973, as in force immediately before such commencement (hereinafter

referred to as the said Code), as if this Sanhita had not come into force;

(b) all notifications published, proclamations issued, powers conferred, forms

provided by rules, local jurisdictions defined, sentences passed and orders, rules and

appointments, not being appointments as Special Magistrates, made under the said

Code and which are in force immediately before the commencement of this Sanhita,

shall be deemed, respectively, to have been published, issued, conferred, specified,

defined, passed or made under the corresponding provisions of this Sanhita;

of which no proceeding was commenced under that Code, shall be deemed to have

been accorded or given under the corresponding provisions of this Sanhita and

proceedings may be commenced under this Sanhita in pursuance of such sanction or

consent.

(3) Where the period specified for an application or other proceeding under the said

Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita

shall be construed as enabling any such application to be made or proceeding to be

commenced under this Sanhita by reason only of the fact that a longer period therefor is

specified by this Sanhita or provisions are made in this Sanhita for the extension of time.

Vidhik Vani

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