BNSS and Cr.P.C.

Comparison Table

(i) Changes made in the CrPC - The Bharatiya Nagarik Suraksha Sanhita, 2023
(ii) New provision in the BNSS - The Bharatiya Nagarik Suraksha Sanhita, 2023
(iii) Deleted provision from the CrPC - The Bharatiya Nagarik Suraksha Sanhita, 2023
Sec. in Provision in BNSS Sec. in Provision in CrPC
BNSS CrPC
1. (1) This Act may be called the Bharatiya Nagarik 1. Short Short title, extent and commencement
Short title, Suraksha Sanhita, 2023. title, (1) This Act may be called the Code of Criminal Procedure,
extent and (2) The provisions of this Sanhita, other than those extent and 1973.
commen- relating to Chapters IX, XI and XII thereof, shall not commen- (2) It extends to the whole of India
cement apply— cement Provided that the provisions of this Code, other than those
(a) to the State of Nagaland; relating to Chapters VIII, X and XI thereof, shall not
(b) to the tribal areas, apply—
but the concerned State Government may, by (a) to the State of Nagaland,
notification, apply such provisions or any of them to (b) to the tribal areas,
the whole or part of the State of Nagaland or such but the concerned State Government may, by notification,
tribal areas, as the case may be, with such apply such provisions or any of them to the whole or part
supplemental, incidental or consequential of the State of Nagaland or such tribal areas, as the case
modifications, as may be specified in the notification. may be, with such supplemental, incidental or
Explanation.—In this section, "tribal areas" means the consequential modifications, as may be specified in the
territories which immediately before the 21st day of notification.
January, 1972, were included in the tribal areas of Explanation.—In this section, “tribal areas” means the
Assam, as referred to in paragraph 20 of the Sixth territories which immediately before the 21st day of
Schedule to the Constitution, other than those within January, 1972, were included in the tribal areas of Assam,
the local limits of the municipality of Shillong. as referred to in paragraph 20 of the Sixth Schedule to the
(3) It shall come into force on such date as the Central Constitution, other than those within the local limits of the
Government may, by notification in the Official municipality of Shillong.
Gazette, appoint. (3) It shall come into force on the 1st day of April, 1974.
2. (1) In this Sanhita, unless the context otherwise 2. In this Code, unless the context otherwise requires,—
Definitions requires,— Definitions (a) “bailable offence” means an offence which is shown as
(a) "audio-video electronic means" shall include use bailable in the First Schedule, or which is made bailable by
No of any communication device for the purposes of any other law for the time being in force; and “non-bailable
equivalent video conferencing, recording of processes of offence” means any other offence;
provision in identification, search and seizure or evidence, (b) “charge” includes any head of charge when the charge
previous transmission of electronic communication and for contains more heads than one;
code such other purposes and by such other means as the (c) “cognizable offence” means an offence for which, and
State Government may, by rules provide; “cognizable case” means a case in which, a police officer
may, in accordance with the First Schedule or under any
(b) "bail" means release of a person accused of or other law for the time being in force, arrest without
No suspected of commission of an offence from the warrant;
equivalent custody of law upon certain conditions imposed by an (d) “complaint” means any allegation made orally or in
provision in officer or Court on execution by such person of a bond writing to a Magistrate, with a view to his taking action
previous or a bail bond; under this Code, that some person, whether known or
code unknown, has committed an offence, but does not include
(c) "bailable offence" means an offence which is a police report.
shown as bailable in the First Schedule, or which is Explanation.—A report made by a police officer in a case
made bailable by any other law for the time being in which discloses, after investigation, the commission of a
force; and "non-bailable offence" means any other non-cognizable offence shall be deemed to be a complaint;
offence; and the police officer by whom such report is made shall
(d) "bail bond" means an undertaking for release with be deemed to be the complainant;
No surety; (e) “High Court” means,—
equivalent (e) "bond" means a personal bond or an undertaking (i) in relation to any State, the High Court for that State;
provision in for release without surety; (ii) in relation to a Union territory to which the jurisdiction
previous of the High Court for a State has been extended by law, that
code (f) "charge" includes any head of charge when the High Court;
charge contains more heads than one; (iii) in relation to any other Union territory, the highest
(g) "cognizable offence" means an offence for which, Court of criminal appeal for that territory other than the
and "cognizable case" Supreme Court of India;
(f) “India” means the territories to which this Code
extends;
 means a case in which, a police officer may, in (g) “inquiry” means every inquiry, other than a trial,
accordance with the First Schedule or under any other conducted under this Code by a Magistrate or Court;
law for the time being in force, arrest without warrant; (h) “investigation” includes all the proceedings under this
(h) "complaint" means any allegation made orally or Code for the collection of evidence conducted by a police
in writing to a Magistrate, with a view to his taking officer or by any person (other than a Magistrate) who is
action under this Sanhita, that some person, whether authorised by a Magistrate in this behalf;
known or unknown, has committed an offence, but (i) “judicial proceeding” includes any proceeding in the
does not include a police report. course of which evidence is or may be legally taken on
Explanation.—A report made by a police officer in a oath;
case which discloses, after investigation, the (j) “local jurisdiction”, in relation to a Court or Magistrate,
commission of a non-cognizable offence shall be means the local area within which the Court or Magistrate
deemed to be a complaint; and the police officer by may exercise all or any of its or his powers under this Code
whom such report is made shall be deemed to be the and such local area may comprise the whole of the State,
complainant; or any part of the State, as the State Government may, by
(i) "electronic communication" means the notification, specify;
communication of any written, verbal, pictorial (k) “metropolitan area” means the area declared, or
information or video content transmitted or transferred deemed to be declared, under section 8, to be a
No (whether from one person to another or from one metropolitan area;
equivalent device to another or from a person to a device or from (l) “non-cognizable offence” means an offence for which,
provision in a device to a person) by means of an electronic device and “non-cognizable case” means a case in which, a police
previous including a telephone, mobile phone, or other wireless officer has no authority to arrest without warrant;
code telecommunication device, or a computer, or audio- (m) “notification” means a notification published in the
video player or camera or any other electronic device Official Gazette;
or electronic form as may be specified by notification, (n) “offence” means any act or omission made punishable
by the Central Government; by any law for the time being in force and includes any act
(j) "High Court" means,— in respect of which a complaint may be made under section
(i) in relation to any State, the High Court for that 20 of the Cattle trespass Act, 1871 (1 of 1871);
State; (o) “officer in charge of a police station” includes, when
(ii) in relation to a Union territory to which the the officer in charge of the police station is absent from the
jurisdiction of the High Court for a State has been station-house or unable from illness or other cause to
extended by law, that High Court; perform his duties, the police
(iii) in relation to any other Union territory, the highest officer present at the station-house who is next in rank to
Court of criminal appeal for that territory other than such officer and is above the rank of constable or, when the
the Supreme Court of India; State Government so directs, any other police officer so
(k) "inquiry" means every inquiry, other than a trial, present;
conducted under this Sanhita by a Magistrate or Court; (p) “place” includes a house, building, tent, vehicle and
(l) "investigation" includes all the proceedings under vessel;
this Sanhita for the collection of evidence conducted (q) “pleader”, when used with reference to any proceeding
by a police officer or by any person (other than a in any Court, means a person authorised by or under any
Magistrate) who is authorised by a Magistrate in this law for the time being in force, to practise in such Court,
behalf. and includes any other person appointed with the
Explanation.—Where any of the provisions of a permission of the Court to act in such proceeding;
special Act are inconsistent with the provisions of this (r) “police report” means a report forwarded by a police
Sanhita, the provisions of the special Act shall prevail; officer to a Magistrate under sub-section (2) of section 173;
(m) "judicial proceeding" includes any proceeding in (s) “police station” means any post or place declared
the course of which evidence is or may be legally generally or specially by the State Government, to be a
taken on oath; police station, and includes any local area specified by the
(n) "local jurisdiction", in relation to a Court or State Government in this behalf
Magistrate, means the local area within which the (t) “prescribed” means prescribed by rules made under this
Court or Magistrate may exercise all or any of its or Code;
his powers under this Sanhita and such local area may (u) “Public Prosecutor” means any person appointed under
comprise the whole of the State, or any part of the section 24, and includes any person acting under the
State, as the State Government may, by notification, directions of a Public Prosecutor;
specify; (v) “sub-division” means a sub-division of a district;
(o) "non-cognizable offence" means an offence for (w) “summons-case” means a case relating to an offence,
which, and "non-cognizable case" means a case in and not being a warrant-case;
which, a police officer has no authority to arrest [(wa) “victim” means a person who has suffered any loss
without warrant; or injury caused by reason of the act or omission for which
(p) "notification" means a notification published in the the accused person has been charged and the expression
Official Gazette; “victim” includes his or her guardian or legal heir;]
(q) "offence" means any act or omission made (x) “warrant-case” means a case relating to an offence
punishable by any law for the time being in force and punishable with death, imprisonment for life or
includes any act in respect of which a complaint may imprisonment for a term exceeding two years;
be made under section 20 of the Cattle Trespass Act, (y) words and expressions used herein and not defined but
1871; defined in the Indian Penal Code (45 of 1860) have the
(r) "officer in charge of a police station" includes, meanings respectively assigned to them in that Code.
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 (1) In this Code,—
Construction reference in any law, to a Magistrate without any (a) any reference, without any qualifying words, to a
of references. qualifying words, Magistrate of the first class or a Magistrate, shall be construed, unless the context
Magistrate of the second class shall, in relation to any otherwise requires,—
area, be construed as a reference to a Judicial (i) in relation to an area outside a metropolitan area, as a
Magistrate of the first class or Judicial Magistrate of reference to a Judicial Magistrate;
the second class, as the case may be, exercising (ii) in relation to a metropolitan area, as a reference to a
jurisdiction in such area. Metropolitan Magistrate;
(2) Where, under any law, other than this Sanhita, the (b) any reference to a Magistrate of the second class shall,
functions exercisable by a in relation to an area outside a metropolitan area, be
Magistrate relate to matters,— construed as a reference to a Judicial Magistrate of the
(a) which involve the appreciation or shifting of second class, and, in relation to a metropolitan area, as a
evidence or the formulation of any decision which reference to a Metropolitan Magistrate;
exposes any person to any punishment or penalty or (c) any reference to a Magistrate of the first class shall,—
detention in custody pending investigation, inquiry or (i) in relation to a metropolitan area, be construed as a
trial or would have the effect of sending him for trial reference to a Metropolitan Magistrate exercising
before any Court, they shall, subject to the provisions jurisdiction in that area;
of this Sanhita, be exercisable by a Judicial (ii) in relation to any other area, be construed as a reference
Magistrate; or to a Judicial Magistrate of the first class exercising
(b) which are administrative or executive in nature, jurisdiction in that area;
such as, the granting of a licence, the suspension or (d) any reference to the Chief Judicial Magistrate shall, in
cancellation of a licence, sanctioning a prosecution or relation to a metropolitan area, be construed as a reference
withdrawing from a prosecution, they shall, subject to to the Chief Metropolitan Magistrate exercising
the provisions of clause (a) be exercisable by an jurisdiction in that area.
Executive Magistrate. (2) In this Code, unless the context otherwise requires, any
reference to the Court of a Judicial Magistrate shall, in
relation to a metropolitan area, be construed as a reference
to the Court of the Metropolitan Magistrate for that area.
(3) Unless the context otherwise requires, any reference in
any enactment passed before the commencement of this
Code,—
(a) to a Magistrate of the first class, shall be construed as a
reference to a Judicial Magistrate of the first class;
(b) to a Magistrate of the second class or of the third class,
shall be construed as a reference to a Judicial Magistrate of
the second class;
(c) to a Presidency Magistrate or Chief Presidency
Magistrate, shall be construed as a reference, respectively,
to a Metropolitan Magistrate or the Chief Metropolitan
Magistrate;
(d) to any area which is included in a Metropolitan area, as
a reference to such metropolitan area, and any reference to
a Magistrate of the first class or of the second class in
relation to such area, shall be construed as a reference to
the Metropolitan Magistrate exercising jurisdiction in such
area.
(4) Where, under any law, other than this Code, the
function exercisable by a Magistrate relate to matters,—
(a) which involve the appreciation or sifting of evidence or
the formulation of any decision which exposes any person
to any punishment or penalty or detention in custody
pending investigation, inquiry or trial or would have the
effect of sending him for trial before any Court, they shall,
subject to the provisions of this Code, be exercisable by a
Judicial Magistrate; or
(b) which are administrative or executive in nature, such
as, the granting of a licence, the suspension or cancellation
of a licence, sanctioning a prosecution or withdrawing
 from a prosecution, they shall, subject as aforesaid, be
exercisable by an Executive Magistrate.
4. Trial of All offences under the Bharatiya Nyaya Sanhita, 2023 4. Trial of (1) All offences under the Indian Penal Code (45 of 1860)
offences shall be investigated, inquired into, tried, and offences shall be investigated, inquired into, tried, and otherwise
under otherwise dealt with according to the provisions under the dealt with according to the provisions hereinafter
Bharatiya hereinafter Indian contained.
Nyaya contained. Penal Code (2) All offences under any other law shall be investigated,
Sanhita, (2) All offences under any other law shall be and other inquired into, tried, and otherwise dealt with according to
2023 and investigated, inquired into, tried, and otherwise dealt laws. the same provisions, but subject to any enactment for the
other with according to the same provisions, but subject to time being in force regulating the manner of place of
laws. any enactment for the time being in force regulating investigating, inquiring into, trying or otherwise dealing
the manner or place of investigating, inquiring into, with such offences.
trying or otherwise dealing with such offences.
5. Saving Nothing contained in this Sanhita shall, in the absence 5. Saving 5. Nothing contained in this Sanhita shall, in the absence
of a specific provision to the contrary, affect any of a specific provision to the contrary, affect any special or
special or local law for the time being in force, or any local law for the time being in force, or any special
special jurisdiction or power conferred, or any special jurisdiction or power conferred, or any special form of
form of procedure prescribed, by any other law for the procedure prescribed, by any other law for the time being
time being in force. in force.
6. Classes of Besides the High Courts and the Courts constituted 6. Classes Besides the High Courts and the Courts constituted under
Criminal under any law, other than this Sanhita, there shall be, of Criminal any law, other than this Code, there shall be, in every State,
Courts in every State, the following classes of Criminal Courts the following classes of Criminal Courts, namely:—
Courts, namely:— (i) Courts of Session;
(i) Courts of Session; (ii) Judicial Magistrates of the first class and, in any
(ii) Judicial Magistrates of the first class; metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and (iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates. (iv) Executive Magistrates.
7. Territorial (1) Every State shall be a sessions division or shall 7.Territorial (1) Every State shall be a sessions division or shall consist
divisions consist of sessions divisions; and every sessions divisions of sessions divisions; and every sessions divisions shall,
divisions shall, for the purposes of this Sanhita, be a for the purposes of this Code, be a district or consist of
district or consist of districts. districts:
 (2) The State Government may, after consultation with Provided that every metropolitan area shall, for the said
the High Court, alter the limits or the number of such purposes, be a separate sessions division and district.
divisions and districts. (2) The State Government may, after consultation with the
(3) The State Government may, after consultation with High Court, alter the limits or the number of such divisions
the High Court, divide any district into sub-divisions and districts.
and may alter the limits or the number of such sub- (3) The State Government may, after consultation with the
divisions. High Court, divide any district into subdivisions and may
(4) The sessions divisions, districts and sub-divisions alter the limits or the number of such sub-divisions.
existing in a State at the commencement of this (4) The sessions divisions, districts and sub-divisions
Sanhita, shall be deemed to have been formed under existing in a State at the commencement of this Code, shall
this section. be deemed to have been formed under this section.
8. Court of (1) The State Government shall establish a Court of 9. Court of (1) The State Government shall establish a Court of
Session Session for every sessions division. Session Session for every sessions division.
(2) Every Court of Session shall be presided over by a (2) Every Court of Session shall be presided over by a
Judge, to be appointed by the High Court. Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional (3) The High Court may also appoint Additional Sessions
Sessions Judges to exercise jurisdiction in a Court of Judges and Assistant Session Judges to exercise
Session. jurisdiction in a Court of Session.
(4) The Sessions Judge of one sessions division may (4) The Sessions Judge of one sessions division may be
be appointed by the High Court to be also an appointed by the High Court to be also an Additional
Additional Sessions Judge of another division, and in Sessions Judge of another division, and in such case he
such case, he may sit for the disposal of cases at such may sit for the disposal of cases at such place or places in
place or places in the other division as the High Court the other division as the High Court may direct.
may direct. (5) Where the office of the Sessions Judge is vacant, the
(5) Where the office of the Sessions Judge is vacant, High Court may make arrangements for the disposal of any
the High Court may make arrangements for the urgent application which is, or may be, made or pending
disposal of any urgent application which is, or may be, before such Court of Session by
made or an Additional or Assistant Sessions Judge, or, if there be no
pending before such Court of Session by an Additional Additional or Assistant Sessions Judge, by a Chief Judicial
Sessions Judge or if there be no Additional Sessions Magistrate, in the sessions division; and every such Judge
Judge, by a Chief Judicial Magistrate, in the sessions or Magistrate shall have jurisdiction to deal with any such
application.
 division; and every such Judge or Magistrate shall (6) The Court of Session shall ordinarily hold its sitting at
have jurisdiction to deal with any such application. such place or places as the High Court may, by notification,
(6) The Court of Session shall ordinarily hold its specify; but, if, in any particular case, the Court of Session
sitting at such place or places as the High Court may, is of opinion that it will tend to the general convenience of
by notification, specify; but, if, in any particular case, the parties and witnesses to hold its sittings at any other
the Court of Session is of opinion that it will tend to place in the sessions division, it may, with the consent of
the general convenience of the parties and witnesses the prosecution and the accused, sit at that place for the
to hold its sittings at any other place in the sessions disposal of the case or the examination of any witness or
division, it may, with the consent of the prosecution witnesses therein.
and the accused, sit at that place for the disposal of the Explanation.—For the purposes of this Code,
case or the examination of any witness or witnesses “appointment” does not include the first appointment,
therein. posting or promotion of a person by the Government to any
(7) The Sessions Judge may, from time to time, make Service, or post in connection with the affairs of the Union
orders consistent with this Sanhita, as to the or of a State, where under any law, such appointment,
distribution of business among such Additional posting or promotion is required to be made by
Sessions Judges. Government.
(8) The Sessions Judge may also make provision for
No the disposal of any urgent application, in the event of
equivalent his absence or inability to act, by an Additional
provision in Sessions Judge or if there be no Additional Sessions
previous Judge, by the Chief Judicial Magistrate, and such
code 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. Courts of (1) In every district there shall be established as many 11. Courts (1) In every district there shall be established as many
Judicial Courts of Judicial Magistrates of the first class and of of Judicial Courts of Judicial Magistrates of the first class and of the
Magistrates. the second class, and at such places, as the State Magistrates second class, and at such places, as the State Government
Government may, after consultation with the High may, after consultation with the High Court, by
Court, by notification, specify: notification, specify:
Provided that the State Government may, after Provided that the State Government may, after consultation
consultation with the High Court, establish, for any with the High Court, establish, for any local area, one or
local area, one or more Special Courts of Judicial more Special Courts of Judicial Magistrates of the first
Magistrates of the first class or of the second class to class or of the second class to try any particular case or
try any particular case or particular class of cases, and particular class of cases, and where any such Special Court
where any such Special Court is established, no other is established, no other Court of Magistrate in the local area
Court of Magistrate in the local area shall have shall have jurisdiction to try any case or class of cases for
jurisdiction to try any case or class of cases for the trial the trial of which such Special Court of Judicial Magistrate
of which such Special Court of Judicial Magistrate has has been established.
been established. (2) The presiding officers of such Courts shall be appointed
(2) The presiding officers of such Courts shall be by the High Court.
appointed by the High Court. (3) The High Court may, whenever it appears to it to be
(3) The High Court may, whenever it appears to it to expedient or necessary, confer the powers of a Judicial
be expedient or necessary, confer the powers of a Magistrate of the first class or of the second class on any
Judicial Magistrate of the first class or of the second member of the Judicial Service of the State, functioning as
class on any member of the Judicial Service of the a Judge in a Civil Court.
State, functioning as a Judge in a Civil Court.
10. Chief (1) In every district, the High Court shall appoint a 12. Chief (1) In every district, the High Court shall appoint a Judicial
Judicial Judicial Magistrate of the first class to be the Chief Judicial Magistrate of the first class to be the Chief Judicial
Magistrate Judicial Magistrate. Magistrate Magistrate.
and (2) The High Court may appoint any Judicial and (2) The High Court may appoint any Judicial Magistrate of
Additional Magistrate of the first class to be an Additional Chief Additional the first class to be an Additional Chief Judicial Magistrate,
Chief Judicial Magistrate, and such Magistrate shall have all Chief and such Magistrate shall have all or any of the powers of
Judicial or any of the powers of a Chief Judicial Magistrate Judicial a Chief Judicial Magistrate under this Sanhita or under any
Magistrate, under this Sanhita or under any other law for the time Magistrate, other law for the time being in force as the High Court may
etc. being in force as the High Court may direct. etc. direct.
 (3) The High Court may designate any Judicial (3) The High Court may designate any Judicial Magistrate
Magistrate of the first class in any sub-division as the of the first class in any sub-division as the Sub-divisional
Sub-divisional Judicial Magistrate and relieve him of Judicial Magistrate and relieve him of the responsibilities
the responsibilities specified in this section as specified in this section as occasion requires.
occasion requires. (4) Subject to the general control of the Chief Judicial
(4) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall
Magistrate, every Sub-divisional Judicial Magistrate also have and exercise, such powers of supervision and
shall also have and exercise, such powers of control over the work of the Judicial Magistrates (other
supervision and control over the work of the Judicial than Additional Chief Judicial Magistrates) in the sub-
Magistrates (other than Additional Chief Judicial division as the High Court may, by general or special order,
Magistrates) in the sub-division as the High Court specify in this behalf.
may, by general or special order, specify in this behalf.
11. Special (1) The High Court may, if requested by the Central or 13. Special (1) The High Court may, if requested by the Central or
Judicial State Government so to do, confer upon any person Judicial State Government so to do, confer upon any person who
Magistrates. who holds or has held any post under the Government, Magistrates holds or has held any post under the Government, all or
all or any of the powers conferred or conferrable by or any of the powers conferred or conferrable by or under this
under this Sanhita on a Judicial Magistrate of the first Code on a Judicial Magistrate [of the first class or of the
class or of the second class, in respect to particular second class, in respect to particular cases or to particular
cases or to particular classes of cases, in any local area: classes of cases, in any local area, not being a metropolitan
Provided that no such power shall be conferred on a area:]
person unless he possesses such qualification or Provided that no such power shall be conferred on a person
experience in relation to legal affairs as the High Court unless he possesses such qualification or
may, by rules, specify. experience in relation to legal affairs as the High Court
(2) Such Magistrates shall be called Special Judicial may, by rules, specify.
Magistrates and shall be appointed for such term, not (2) Such Magistrates shall be called Special Judicial
exceeding one year at a time, as the High Court may, Magistrates and shall be appointed for such term,
by general or special order, direct. not exceeding one year at a time, as the High Court may,
by general or special order, direct.
(3) The High Court may empower a Special Judicial
Magistrate to exercise the powers of a
Metropolitan Magistrate in relation to any metropolitan
area outside his local jurisdiction.
12. Local (1) Subject to the control of the High Court, the Chief 14. Local (1) Subject to the control of the High Court, the Chief
Jurisdiction Judicial Magistrate may, from time to time, define the JurisdictionJudicial Magistrate may, from time to time, define the local
of Judicial local limits of the areas within which the Magistrates of Judicial limits of the areas within which the Magistrates appointed
Magistrates appointed under section 9 or under section 11 may Magistrates under section 11 or under section 13 may exercise all or
exercise all or any of the powers with which they may any of the powers with which they may respectively be
respectively be invested under this Sanhita: invested under this Code:
Provided that the Court of Special Judicial Magistrate [Provided that the Court of Special Judicial Magistrate
may hold its sitting at any place within the local area may hold its sitting at any place within the local area for
for which it is established. which it is established.]
(2) Except as otherwise provided by such definition, (2) Except as otherwise provided by such definition, the
the jurisdiction and powers of every such Magistrate jurisdiction and powers of every such Magistrate shall
shall extend throughout the district. extend throughout the district.
(3) Where the local jurisdiction of a Magistrate [(3) Where the local jurisdiction of a Magistrate, appointed
appointed under section 9 or section 11 extends to an under section 11 or section 13 or section 18, extends to an
area beyond the district in which he ordinarily holds area beyond the district, or the metropolitan area, as the
Court, any reference in this Sanhita to the Court of case may be, in which he ordinarily holds Court, any
Session or Chief Judicial Magistrate shall, in relation reference in this Code to the Court of Session, Chief
to such Magistrate, throughout the area within his Judicial Magistrate or the Chief Metropolitan Magistrate
local jurisdiction, be construed, unless the context shall, in relation to such Magistrate, throughout the area
otherwise requires, as a reference to the Court of within his local jurisdiction, be construed, unless the
Session or Chief Judicial Magistrate, as the case may context otherwise requires, as a reference to the Court of
be, exercising jurisdiction in relation to the said Session, Chief Judicial Magistrate, or Chief Metropolitan
district. Magistrate, as the case may be, exercising jurisdiction in
relation to the said district or metropolitan area.]
13.Subordina (1) Every Chief Judicial Magistrate shall be 15.Subordin (1) Every Chief Judicial Magistrate shall be subordinate to
-tion subordinate to the Sessions Judge; and every other a-tion the Sessions Judge; and every other Judicial Magistrate
of Judicial Judicial Magistrate shall, subject to the general control of Judicial shall, subject to the general control of the Sessions Judge,
Magistrates of the Sessions Judge, be subordinate to the Chief Magistrates be subordinate to the Chief Judicial Magistrate.
Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time,
(2) The Chief Judicial Magistrate may, from time to make rules or give special orders, consistent with this
time, make rules or give special orders, consistent with Code, as to the distribution of business among the Judicial
Magistrates subordinate to him.
 this Sanhita, as to the distribution of business among
the Judicial Magistrates subordinate to him.
14. Executive (1) In every district, the State Government may 20. (1) In every district and in every metropolitan area, the
Magistrates appoint as many persons as it thinks fit to be Executive Executive State Government may appoint as many persons as it
Magistrates and shall appoint one of them to be the Magistrates thinks fit to be Executive Magistrates and shall appoint one
District Magistrate. of them to be the District Magistrate.
(2) The State Government may appoint any Executive (2) The State Government may appoint any Executive
Magistrate to be an Additional District Magistrate, and Magistrate to be an Additional District Magistrate, and
such Magistrate shall have such of the powers of a such Magistrate shall have [such] of the powers of a
District Magistrate under this Sanhita or under any District Magistrate under this Code or under any other law
other law for the time being in force as may be directed for the time being in force [as may be directed by the State
by the State Government. Government].
(3) Whenever, in consequence of the office of a (3) Whenever, in consequence of the office of a District
District Magistrate becoming vacant, any officer Magistrate becoming vacant, any officer succeeds
succeeds temporarily to the executive administration temporarily to the executive administration of the district,
of the district, such officer shall, pending the orders of such officer shall, pending the orders of the State
the State Government, exercise all the powers and Government, exercise all the powers and perform all the
perform all the duties respectively conferred and duties respectively conferred and imposed by this Code on
imposed by this Sanhita on the District Magistrate. the District Magistrate.
(4) The State Government may place an Executive (4) The State Government may place an Executive
Magistrate in charge of a sub-division and may relieve Magistrate in charge of a sub-division and may relieve him
him of the charge as occasion requires; and the of the charge as occasion requires; and the Magistrate so
Magistrate so placed in charge of a sub-division shall placed in charge of a sub-division shall be called the Sub-
be called the Sub-divisional Magistrate. divisional Magistrate.
(5) The State Government may, by general or special (4A) The State Government may, by general or special
order and subject to such control and directions as it order and subject to such control and directions as it may
may deem fit to impose, delegate its powers under deem fit to impose, delegate its powers under sub-section
sub-section (4) to the District Magistrate. (4) to the District Magistrate.
(5) Nothing in this section shall preclude the State
Government from conferring, under any law for
the time being in force, on a Commissioner of Police, all
or any of the powers of an Executive Magistrate
 in relation to a metropolitan area.
15. Special The State Government may appoint, for such term as 21. Special The State Government may appoint, for such term as it
Executive it may think fit, Executive Magistrates or any police Executive may think fit, Executive Magistrates, to be known as
Magistrates officer not below the rank of Superintendent of Police Magistrates Special Executive Magistrates, for particular areas or for
or equivalent, to be known as Special Executive the performance of particular functions and confer on such
Magistrates, for particular areas or for the Special Executive Magistrates such of the powers as are
performance of particular functions and confer on conferrable under this Code on Executive Magistrates, as
such Special Executive Magistrates such of the powers it may deem fit.
as are conferrable under this Sanhita on Executive
Magistrates, as it may deem fit.
16. Local (1) Subject to the control of the State Government, the 22. Local(1) Subject to the control of the State Government, the
Jurisdiction District Magistrate may, from time to time, define the Jurisdiction
District Magistrate may, from time to time, define the local
of Executive local limits of the areas within which the Executive of limits of the areas within which the Executive Magistrates
Magistrates Magistrates may exercise all or any of the powers with Executivemay exercise all or any of the powers with which they may
which they may be invested under this Sanhita. Magistrates
be invested under this Code.
(2) Except as otherwise provided by such definition, (2) Except as otherwise provided by such definition, the
the jurisdiction and powers of every such Magistrate jurisdiction and powers of every such Magistrate shall
shall extend throughout the district. extend throughout the district
17.Subordina (1) All Executive Magistrates shall be subordinate to 23.Subordin (1) All Executive Magistrates, other than the Additional
-tion of the District Magistrate, and every Executive -ation of District Magistrate, shall be subordinate to the District
Executive Magistrate (other than the Sub-divisional Magistrate) Executive Magistrate, and every Executive Magistrate (other than the
Magistrates. exercising powers in a sub-division shall also be Magistrates. Sub-divisional Magistrate) exercising powers in a sub-
subordinate to the Sub-divisional Magistrate, subject, division shall also be subordinate to the Sub-divisional
to the general control of the District Magistrate. Magistrate, subject, however, to the general control of the
(2) The District Magistrate may, from time to time, District Magistrate.
make rules or give special orders, consistent with this (2) The District Magistrate may, from time to time, make
Sanhita, as to the distribution or allocation of business rules or give special orders, consistent with this Code, as
among the Executive Magistrates subordinate to him. to the distribution of business among the Executive
Magistrates subordinate to him and as to the allocation of
business to an Additional District Magistrate.
18. Public (1) For every High Court, the Central Government or 24. Public (1) For every High Court, the Central Government or the
Prosecutors the State Government shall, after consultation with the Prosecutors State Government shall, after consultation with the High
 High Court, appoint a Public Prosecutor and may also Court, appoint a Public Prosecutor and may also appoint
appoint one or more Additional Public Prosecutors, for one or more Additional Public Prosecutors, for conducting
conducting in such Court, any prosecution, appeal or in such Court, any prosecution, appeal or other proceeding
other proceeding on behalf of the Central Government on behalf of the Central Government or State Government,
or the State Government, as the case may be: as the case may be.
Provided that for National Capital Territory of Delhi, (2) The Central Government may appoint one or more
No the Central Government shall, after consultation with Public Prosecutors for the purpose of conducting any case
equivalent the High Court of Delhi, appoint the Public Prosecutor or class of cases in any district or local area.
provision in or Additional Public Prosecutors for the purposes of (3) For every district, the State Government shall appoint
previous this sub-section. a Public Prosecutor and may also appoint one or more
code (2) The Central Government may appoint one or more Additional Public Prosecutors for the district:
Public Prosecutors for the purpose of conducting any Provided that the Public Prosecutor or Additional Public
case in any district or local area. Prosecutor appointed for one district may be appointed
(3) For every district, the State Government shall also to be a Public Prosecutor or an Additional Public
appoint a Public Prosecutor and may also appoint one Prosecutor, as the case may be, for another district.
or more Additional Public Prosecutors for the district: (4) The District Magistrate shall, in consultation with the
Provided that the Public Prosecutor or Additional Sessions Judge, prepare a panel of names of persons, who
Public Prosecutor appointed for one district may be are, in his opinion fit to be appointed as Public Prosecutors
appointed also to be a Public Prosecutor or an or Additional Public Prosecutors for the district.
Additional Public Prosecutor, as the case may be, for (5) No person shall be appointed by the State Government
another district. as the Public Prosecutor or Additional Public Prosecutor
(4) The District Magistrate shall, in consultation with for the district unless his name appears in the panel of
the Sessions Judge, prepare a panel of names of names prepared by the District Magistrate under sub-
persons, who are, in his opinion fit to be appointed as section (4).
Public Prosecutors or Additional Public Prosecutors (6) Notwithstanding anything contained in sub-section (5),
for the district. where in a State there exists a regular Cadre of Prosecuting
(5) No person shall be appointed by the State Officers, the State Government shall appoint a Public
Government as the Public Prosecutor or Additional Prosecutor or an Additional Public Prosecutor only from
Public Prosecutor for the district unless his name among the persons constituting such Cadre:
appears in the panel of names prepared by the District Provided that where, in the opinion of the State
Magistrate under sub-section (4). Government, no suitable person is available in such Cadre
for such appointment that Government may appoint a
(6) Notwithstanding anything in sub-section (5), person as Public Prosecutor or Additional Public
where in a State there exists a regular Cadre of Prosecutor, as the case may be, from the panel of names
Prosecuting Officers, the State Government shall prepared by the District Magistrate under sub-section (4).
appoint a Public Prosecutor or an Additional Public [Explanation.—For the purposes of this sub-section,—
Prosecutor only from among the persons constituting (a) “regular Cadre of Prosecuting Officers” means a Cadre
such Cadre: of Prosecuting Officers which includes therein the post of
Provided that where, in the opinion of the State a Public Prosecutor, by whatever name called, and which
Government, no suitable person is available in such provides for promotion of Assistant Public Prosecutors, by
Cadre for such appointment, that Government may whatever name called, to that post;
appoint a person as Public Prosecutor or Additional (b) “Prosecuting Officer” means a person, by whatever
Public Prosecutor, as the case may be, from the panel name called, appointed to perform the functions of a Public
of names prepared by the District Magistrate under Prosecutor, an Additional Public Prosecutor or an Assistant
sub-section (4). Public Prosecutor under this Code.]
Explanation.—For the purposes of this sub-section,— (7) A person shall be eligible to be appointed as a Public
(a) "regular Cadre of Prosecuting Officers" means a Prosecutor or an Additional Public Prosecutor under sub-
Cadre of Prosecuting Officers which includes therein section (1) or sub-section (2) or sub-section (3) or sub-
the post of Public Prosecutor, by whatever name section (6), only if he has been in practice as an advocate
called, and which provides for promotion of Assistant for not less than seven years.
Public Prosecutors, by whatever name called, to that (8) The Central Government or the State Government may
post; appoint, for the purposes of any case or class of cases, a
(b) "Prosecuting Officer" means a person, by whatever person who has been in practice as an advocate for not less
name called, appointed to perform the functions of a than ten years as a Special Public Prosecutor:
Public Prosecutor, Special Public Prosecutor, [Provided that the Court may permit the victim to engage
Additional Public Prosecutor or Assistant Public an advocate of his choice to assist the prosecution under
Prosecutor under this Sanhita. this sub-section.]
(7) A person shall be eligible to be appointed as a (9) For the purposes of sub-section (7) and sub-section (8),
Public Prosecutor or an Additional Public Prosecutor the period during which a person has been in practice as a
under sub-section (1) or sub-section (2) or sub-section pleader, or has rendered (whether before or after the
(3) or sub-section (6), only if he has been in practice commencement of this Code) service as a Public
as an advocate for not less than seven years. Prosecutor or as an Additional Public Prosecutor or
(8) The Central Government or the State Government Assistant Public Prosecutor or other Prosecuting Officer,
may appoint, for the purposes of any case or class of by whatever name called, shall be deemed to be the period
 cases, a person who has been in practice as an during which such person has been in practice as an
advocate for not less than ten years as a Special Public advocate.]
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. Assistant (1) The State Government shall appoint in every 25.Assistant (1) The State Government shall appoint in every district
Public district one or more Assistant Public Prosecutors for Public one or more Assistant Public Prosecutors for conducting
Prosecutors conducting prosecutions in the Courts of Magistrates. Prosecutors prosecutions in the Courts of Magistrates.
(2) The Central Government may appoint one or more [(1A) The Central Government may appoint one or more
Assistant Public Prosecutors for the purpose of Assistant Public Prosecutors for the
conducting any case or class of cases in the Courts of purpose of conducting any case or class of cases in the
Magistrates. Courts of Magistrates.]
(3) Without prejudice to provisions contained in sub- (2) Save as otherwise provided in sub-section (3), no police
sections (1) and (2), where no Assistant Public officer shall be eligible to be appointed as an Assistant
Prosecutor is available for the purposes of any Public Prosecutor.
particular case, the District Magistrate may appoint (3) Where no Assistant Public Prosecutor is available for
any other person to be the Assistant Public Prosecutor the purposes of any particular case, the District Magistrate
in charge of that case after giving notice of fourteen may appoint any other person to be the Assistant Public
days to the State Government: Prosecutor in charge of that case:
Provided that no police officer shall be eligible to be Provided that a police officer shall not be so appointed—
appointed as an Assistant Public Prosecutor, if he—
 (a) has taken any part in the investigation into the (a) if he has taken any part in the investigation into the
offence with respect to which the accused is being offence with respect to which the accused is being
prosecuted; or prosecuted; or
(b) is below the rank of Inspector (b) if he is below the rank of Inspector
20. (1) The State Government may establish,— 25A. (1) The State Government may establish a Directorate of
Directorate (a) a Directorate of Prosecution in the State consisting Directorate Prosecution consisting of a Director of Prosecution and as
of of a Director of Prosecution and as many Deputy of many Deputy Directors of Prosecution as it
Prosecution Directors of Prosecution as it thinks fit; and Prosecution thinks fit.
No (b) a District Directorate of Prosecution in every (2) A person shall be eligible to be appointed as a Director
equivalent district consisting of as many Deputy Directors and of Prosecution or a Deputy Director of Prosecution, only if
provision in Assistant Directors of Prosecution, as it thinks fit. he has been in practice as an advocate for not less than ten
previous (2) A person shall be eligible to be appointed,— years and such appointment shall be made with the
code (a) as a Director of Prosecution or a Deputy Director concurrence of the Chief Justice of the High Court.
of Prosecution, if he has been in practice as an (3) The Head of the Directorate of Prosecution shall be the
advocate for not less than fifteen years or is or has Director of Prosecution, who shall function under the
been a Sessions Judge; administrative control of the Head of the Home
No (b) as an Assistant Director of Prosecution, if he has Department in the State.
equivalent been in practice as an advocate for not less than seven (4) Every Deputy Director of Prosecution shall be
provision in years or has been a Magistrate of the first class. subordinate to the Director of Prosecution.
previous (3) The Directorate of Prosecution shall be headed by (5) Every Public Prosecutor, Additional Public Prosecutor
code the Director of Prosecution, who shall function under and Special Public Prosecutor appointed by the State
the administrative control of the Home Department in Government under sub-section (1), or as the case may be,
the State. sub-section (8), of section 24 to conduct cases in the High
(4) Every Deputy Director of Prosecution or Assistant Court shall be subordinate to the Director of Prosecution.
Director of Prosecution shall be subordinate to the (6) Every Public Prosecutor, Additional Public Prosecutor
Director of Prosecution; and every Assistant Director and Special Public Prosecutor appointed by the State
of Prosecution shall be subordinate to the Deputy Government under sub-section (3), or as the case may be,
Director of Prosecution. sub-section (8), of section 24 to conduct cases in District
(5) Every Public Prosecutor, Additional Public Courts and every Assistant Public Prosecutor appointed
Prosecutor and Special Public Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to
by the State Government under sub-section (1) or sub- the Deputy Director of Prosecution.
section (8) of section 18 to conduct cases in the High
 Court shall be subordinate to the Director of (7) The powers and functions of the Director of
Prosecution. Prosecution and the Deputy Directors of Prosecution and
(6) Every Public Prosecutor, Additional Public the areas for which each of the Deputy Directors of
Prosecutor and Special Public Prosecutor appointed Prosecution have been appointed shall be such as the State
by the State Government under sub-section (3) or sub- Government may, by notification, specify.
section (8) of section 18 to conduct cases in District (8) The provisions of this section shall not apply to the
Courts and every Assistant Public Prosecutor Advocate General for the State while performing the
appointed under sub-section (1) of section 19 shall be functions of a Public Prosecutor.]
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
No of Prosecution shall be to examine and scrutinise
equivalent police report and monitor the cases in which offences
provision in are punishable for seven years or more, but less than
previous ten years, for ensuring their expeditious disposal.
code (9) The functions of the Assistant Director of
Prosecution shall be to monitor cases in which
offences are punishable for less than seven years.
No (10) Notwithstanding anything contained in sub-
equivalent sections (7), (8) and (9), the Director, Deputy Director
provision in or Assistant Director of Prosecution shall have the
previous power to deal with and be responsible for all
code 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.

21. Courts by Subject to the other provisions of this Sanhita,— 26. Courts Subject to the other provisions of this Code,—
which (a) any offence under the Bharatiya Nyaya Sanhita, by which (a) any offence under the Indian Penal Code (45 of 1860)
offences are 2023 may be tried by— offences are may be tried by-
triable (i) the High Court; or triable (i) the High Court, or
(ii) the Court of Session; or (ii) the Court of Session, or
(iii) any other Court by which such offence is shown (iii) any other Court by which such offence is shown in the
in the First Schedule to be triable: First Schedule to be triable:
Provided that any offence under section 64, section 65, [Provided that any [offence under section 376, [section
section 66, section 67, section 68, section 69, section 376A, section 376AB, section 376B, section 376C, section
70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 376D, section 376DA, 376DB] or section 376E of the
shall be tried as far as practicable by a Court presided Indian Penal Code (45 of 1860)] shall be tried as far as
over by a woman; practicable by a Court presided over by a woman.]
(b) any offence under any other law shall, when any (b) any offence under any other law shall, when any Court
Court is mentioned in this behalf in such law, be tried is mentioned in this behalf in such law, be tried by such
by such Court and when no Court is so mentioned, Court and when no Court is so mentioned, may be tried
may be tried by— by—
(i) the High Court; or (i) the High Court, or
(ii) any other Court by which such offence is shown in (ii) any other Court by which such offence is shown in the
the First Schedule to be triable. First Schedule to be triable.
22. Sentences (1) A High Court may pass any sentence authorised by 28. (1) A High Court may pass any sentence authorised by law.
which High law. Sentences (2) A Sessions Judge or Additional Sessions Judge may
Courts and (2) A Sessions Judge or Additional Sessions Judge which High pass any sentence authorised by law; but any sentence of
Sessions may pass any sentence authorised by law; but any Courts and death passed by any such Judge shall be subject to
Judges confirmation by the High Court.
may pass sentence of death passed by any such Judge shall be Sessions (3) An Assistant Sessions Judge may pass any sentence
subject to confirmation by the High Court. Judges authorised by law except a sentence of death or of
may pass imprisonment for life or of imprisonment for a term
exceeding ten years.
23. Sentences (1) The Court of a Chief Judicial Magistrate may pass 29. (1) The Court of a Chief Judicial Magistrate may pass
which any sentence authorised by law except a sentence of Sentences any sentence authorised by law except a sentence of death
Magistrates death or of imprisonment for life or of imprisonment which or of imprisonment for life or of imprisonment for a term
may pass for a term exceeding seven years. Magistrates exceeding seven years.
(2) The Court of a Magistrate of the first class may may pass (2) The Court of a Magistrate of the first class may pass a
pass a sentence of imprisonment for a term not sentence of imprisonment for a term not exceeding three
exceeding three years, or of fine not exceeding fifty years, or of fine not exceeding [ten thousand rupees], or of
thousand rupees, or of both, or of community service. both.
(3) The Court of Magistrate of the second class may (3) The Court of Magistrate of the second class may pass a
pass a sentence of imprisonment for a term not sentence of imprisonment for a term not exceeding one
exceeding one year, or of fine not exceeding ten year, or of fine not exceeding [five thousand rupees], or of
thousand rupees, or of both, or of community service. both.
No Explanation.—"Community service" shall mean the (4) The Court of a Chief Metropolitan Magistrate shall
equivalent work which the Court may order a convict to perform have the powers of the Court of a Chief Judicial Magistrate
provision in as a form of punishment that benefits the community, and that of a Metropolitan Magistrate, the powers of the
previous for which he shall not be entitled to any remuneration. Court of a Magistrate of the first class
code
24. Sentence (1) The Court of a Magistrate may award such term of 30. (1) The Court of a Magistrate may award such term of
of imprisonment in default of payment of fine as is Sentence of imprisonment in default of payment of fine as is authorised
imprisonment authorised by law: Imprisonme by law:
in default of Provided that the term— nt in default Provided that the term—
fine (a) is not in excess of the powers of the Magistrate of fine (a) is not in excess of the powers of the Magistrate under
under section 23; section 29;
(b) shall not, where imprisonment has been awarded (b) shall not, where imprisonment has been awarded as part
as part of the substantive sentence, exceed one-fourth of the substantive sentence, exceed one-fourth of the term
of the term of imprisonment which the Magistrate is 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.
 competent to inflict as punishment for the offence (2) The imprisonment awarded under this section may be
otherwise than as imprisonment in default of payment in addition to a substantive sentence of imprisonment for
of the fine. the maximum term awardable by the Magistrate under
(2) The imprisonment awarded under this section may section 29.
be in addition to a substantive sentence of
imprisonment for the maximum term awardable by the
Magistrate under section 23.
25. Sentence (1) When a person is convicted at one trial of two or 31. (1) When a person is convicted at one trial of two or more
in cases of more offences, the Court may, subject to the Sentence of offences, the Court may, subject to the provisions of
conviction of provisions of section 9 of the Bharatiya Nyaya imprisonme section 71 of the Indian Penal Code (45 of 1860), sentence
several Sanhita, 2023, sentence him for such offences, to the nt in default him for such offences, to the several punishments
offences at several punishments prescribed therefor which such of fine. prescribed therefor which such Court is competent to
one trial Court is competent to inflict and the Court shall, inflict; such punishments when consisting of imprisonment
considering the gravity of offences, order such to commence the one after the expiration of the other in
punishments to run concurrently or consecutively. such order as the Court may direct, unless the Court directs
(2) In the case of consecutive sentences, it shall not be that such punishments shall run concurrently.
necessary for the Court by reason only of the (2) In the case of consecutive sentences, it shall not be
aggregate punishment for the several offences being in necessary for the Court by reason only of the aggregate
excess of the punishment which it is competent to punishment for the several offences being in excess of the
inflict on conviction of a single offence, to send the punishment which it is competent to inflict on conviction
offender for trial before a higher Court: of a single offence, to send the offender for trial before a
Provided that— higher Court:
(a) in no case shall such person be sentenced to Provided that—
imprisonment for a longer period than twenty years; (a) in no case shall such person be sentenced to
(b) the aggregate punishment shall not exceed twice imprisonment for a longer period than fourteen years;
the amount of punishment which the Court is (b) the aggregate punishment shall not exceed twice the
competent to inflict for a single offence. amount of punishment which the Court is competent to
(3) For the purpose of appeal by a convicted person, inflict for a single offence.
the aggregate of the consecutive sentences passed (3) For the purpose of appeal by a convicted person, the
against him under this section shall be deemed to be a aggregate of the consecutive sentences passed against him
single sentence. under this section shall be deemed to be a single sentence.
26. Mode of (1) In conferring powers under this Sanhita, the High 32. Mode of (1) In conferring powers under this Code, the High Court
conferring Court or the State Government, as the case may be, conferring or the State Government, as the case may be, may, by order,
powers may, by order, empower persons specially by name or powers empower persons specially by name or in virtue of their
in virtue of their offices or classes of officials offices or classes of officials generally be their official
generally be their official titles. titles.
(2) Every such order shall take effect from the date on (2) Every such order shall take effect from the date on
which it is communicated to the person so empowered. which it is communicated to the person so empowered.
27. Powers of Whenever any person holding an office in the service 33. Powers Whenever any person holding an office in the service of
Officers of Government who has been invested by the High of officers Government who has been invested by the High Court or
appointed Court or the State Government with any powers under appointed the State Government with any powers under this Code
this Sanhita throughout any local area is appointed to throughout any local area is appointed to an equal or higher
an equal or higher office of the same nature, within a office of the same nature, within a like local area under the
like local area under the same State Government, he same State Government, he shall, unless the High Court or
shall, unless the High Court or the State Government, the State Government, as the case may be, otherwise
as the case may be, otherwise directs, or has otherwise directs, or has otherwise directed, exercise the same
directed, exercise the same powers in the local area in powers in the local area in which he is so appointed.
which he is so appointed.
28. (1) The High Court or the State Government, as the 34. (1) The High Court or the State Government, as the case
Withdrawal case may be, may withdraw all or any of the powers Withdrawal may be, may withdraw all or any of the powers conferred
of conferred by it under this Sanhita on any person or by of powers by it under this Sanhita on any person or by any officer
powers any officer subordinate to it. subordinate to it.
(2) Any powers conferred by the Chief Judicial (2) Any powers conferred by the Chief Judicial Magistrate
Magistrate or by the District Magistrate may be or by the District Magistrate may be withdrawn by the
withdrawn by the respective Magistrate by whom such respective Magistrate by whom such powers were
powers were conferred. conferred.
29. Powers of (1) Subject to the other provisions of this Sanhita, the 35. Powers (1) Subject to the other provisions of this Code, the powers
Judges and powers and duties of a Judge or Magistrate may be of Judges and duties of a Judge or Magistrate may be exercised or
Magistrates exercised or performed by his successor-in-office. and performed by his successor-in-office.
exercisable (2) When there is any doubt as to who is the successor- Magistrates (2) When there is any doubt as to who is the successor-in-
by their in-office, the Sessions Judge shall determine by order exercisable office of any Additional or Assistant Sessions Judge, the
successors- in writing the Judge who shall, for the purposes of this by their Sessions Judge shall determine by order in writing the
in- office. Judge who shall, for the purposes of this Code or of any
 Sanhita or of any proceedings or order thereunder, be successors- proceedings or order thereunder, be deemed to be the
deemed to be the successor-in-office. in-office successor-in-office of such Additional or Assistant
(3) When there is any doubt as to who is the successor- Sessions Judge.
in-office of any Magistrate, the Chief Judicial (3) When there is any doubt as to who is the successor-in-
Magistrate, or the District Magistrate, as the case may office of any Magistrate, the Chief Judicial Magistrate, or
be, shall determine by order in writing the Magistrate the District Magistrate, as the case may be, shall determine
who shall, for the purpose of this Sanhita or of any by order in writing the Magistrate who shall, for the
proceedings or order thereunder, be deemed to be the purpose of this Code or of any proceedings or order
successor-in-office of such Magistrate. thereunder, be deemed to be the successor-in-office of such
Magistrate.
30. Powers of Police officers superior in rank to an officer in charge 36. Powers Police officers superior in rank to an officer in charge of
superior of a police station may exercise the same powers, of superior a police station may exercise the same powers, throughout
officers of throughout the local area to which they are appointed, officers of the local area to which they are appointed, as may be
police as may be exercised by such officer within the limits police exercised by such officer within the limits of his station.
of his station.
31. Public Every person is bound to assist a Magistrate or police 37. Public Every person is bound to assist a Magistrate or police
when to officer reasonably demanding his aid— when to officer reasonably demanding his aid—
assist (a) in the taking or preventing the escape of any other assist (a) in the taking or preventing the escape of any other
Magistrates person whom such Magistrate or police officer is Magistrates person whom such Magistrate or police officer is
and police authorised to arrest; or and police authorised to arrest; or
(b) in the prevention or suppression of a breach of the (b) in the prevention or suppression of a breach of the
peace; or peace; or
(c) in the prevention of any injury attempted to be (c) in the prevention of any injury attempted to be
committed to any public committed to any railway, canal, telegraph or
property. public property.
32. Aid to When a warrant is directed to a person other than a 38. Aid to When a warrant is directed to a person other than a police
person, police officer, any other person may aid in the person, officer, any other person may aid in the execution of such
other than execution of such warrant, if the person to whom the other than warrant, if the person to whom the warrant is directed be
police officer, warrant is directed be near at hand and acting in the police near at hand and acting in the execution of the warrant.
executing execution of the warrant. officer,
warrant executing
warrant
33. Public to (1) Every person, aware of the commission of, or of 39. Public (1) Every person, aware of the commission of,
give the intention of any other person to commit, any to give or of the intention of any other person to commit, any
information offence punishable under any of the following sections information offence punishable under any of the following sections of
of certain of the Bharatiya Nyaya Sanhita, 2023, namely:— of certain the Indian Penal Code (45 of 1860), namely:—
offences (i) sections 103 to 105 (both inclusive); offences (i) sections 121 to 126, both inclusive, and section 130
(ii) sections 111 to 113 (both inclusive); (that is to say, offences against the State specified in
(iii) sections 140 to 144 (both inclusive); Chapter VI of the said Code);
(iv) sections 147 to 154 (both inclusive) and section (ii) sections 143, 144, 145, 147 and 148 (that is to say,
158; offences against the public tranquillity specified in Chapter
(v) sections 178 to 182 (both inclusive); VIII of the said Code);
(vi) sections 189 and 191; (iii) sections 161 to 165A, both inclusive (that is to say,
(vii) sections 274 to 280 (both inclusive); offences relating to illegal gratification);
(viii) section 307; (iv) sections 272 to 278, both inclusive (that is to say,
(ix) sections 309 to 312 (both inclusive); offences relating to adulteration of food and drugs, etc.);
(x) sub-section (5) of section 316; (v) sections 302, 303 and 304 (that is to say, offences
(xi) sections 326 to 328 (both inclusive); and affecting life);
(xii) sections 331 and 332 [(va) section 364A (that is to say, offence relating to
shall, in the absence of any reasonable excuse, the kidnapping for ransom, etc.);]
burden of proving which excuse shall lie upon the (vi) section 382 (that is to say, offence of theft after
person so aware, forthwith give information to the preparation made for causing death, hurt or restraint in
nearest Magistrate or police officer of such order to the committing of the theft);
commission or intention. (vii) sections 392 to 399, both inclusive, and section 402
(2) For the purposes of this section, the term "offence" (that is to say, offences of robbery and dacoity);
includes any act committed at (viii) section 409 (that is to say, offence relating to criminal
any place out of India which would constitute an breach of trust by public servant, etc.);
offence if committed in India. (ix) sections 431 and 439, both inclusive (that is to say,
offences of mischief against property);
(x) sections 449 and 450 (that is to say, offence of house
trespass);
(xi) sections 456 to 460, both inclusive (that is to say,
offences of lurking house trespass); and
 (xii) sections 489A to 489E, both inclusive (that is to say,
offences relating to currency notes
and bank notes), shall, in the absence of any reasonable
excuse, the burden of proving which excuse shall lie upon
the person so aware, forthwith give information to the
nearest Magistrate or police officer of such commission or
intention.
(2) For the purposes of this section, the term “offence”
includes any act committed at any place out of India which
would constitute an offence if committed in India.
34. Duty of (1) Every officer employed in connection with the 40. Duty of (1) Every officer employed in connection with the affairs
officers affairs of a village and every person residing in a officers of a village and every person residing in a village shall
employed in village shall forthwith communicate to the nearest employed in forthwith communicate to the nearest Magistrate or to the
connection Magistrate or to the officer in charge of the nearest connection officer in charge of the nearest police station, whichever is
with affairs police station, whichever is nearer, any information with affairs nearer, any information which he may possess
of a village to which he may possess respecting— of a village respecting—
make certain (a) the permanent or temporary residence of any to make (a) the permanent or temporary residence of any notorious
report notorious receiver or vendor certain receiver or vendor of stolen property in or near such
of stolen property in or near such village; report village;
(b) the resort to any place within, or the passage (b) the resort to any place within, or the passage through,
through, such village of any such village of any person whom he knows, or reasonably
person whom he knows, or reasonably suspects, to be suspects, to be a thug, robber, escaped convict or
a robber, escaped convict or proclaimed offender; proclaimed offender;
(c) the commission of, or intention to commit, in or (c) the commission of, or intention to commit, in or near
near such village any non-bailable offence or any such village any non-bailable offence or any offence
offence punishable under section 189 and section 191 punishable under section 143, section 144, section 145,
of the Bharatiya Nyaya Sanhita, 2023; section 147, or section 148 of the Indian Penal Code (45 of
(d) the occurrence in or near such village of any 1860);
sudden or unnatural death or of any death under (d) the occurrence in or near such village of any sudden or
suspicious circumstances or the discovery in or near unnatural death or of any death under suspicious
such village of any corpse or part of a corpse, in circumstances or the discovery in or near such village of
circumstances which lead to a reasonable suspicion any corpse or part of a corpse, in circumstances which lead
that such a death has occurred or the disappearance to a reasonable suspicion that such a death has occurred or
from such village of any person in circumstances the disappearance from such village of any person in
which lead to a reasonable suspicion that a non- circumstances which lead to a reasonable suspicion that a
bailable offence has been committed in respect of such non-bailable offence has been committed in respect of such
person; person;
(e) the commission of, or intention to commit, at any (e) the commission of, or intention to commit, at any place
place out of India near out of India near such village any act which, if committed
such village any act which, if committed in India, in India, would be an offence punishable under any of the
would be an offence punishable under any of the following sections of the Indian Penal Code (45 of 1860),
following sections of the Bharatiya Nyaya Sanhita, namely, 231 to 238 (both inclusive), 302, 304, 382, 392 to
2023, namely, 103, 105, 111, 112, 113, 178 to 181 399 (both inclusive), 402, 435, 436, 449, 450, 457 to 460
(both inclusive), 305, 307, 309 to 312 (both inclusive), (both inclusive), 489A, 489B, 489C and 489D;
clauses (f) and (g) of section 326, 331or 332; (f) any matter likely to affect the maintenance of order or
(f) any matter likely to affect the maintenance of order the prevention of crime or the safety of person or property
or the prevention of crime or the safety of person or respecting which the District Magistrate, by general or
property respecting which the District Magistrate, by special order made with the previous sanction of the State
general or special order made with the previous Government, has directed him to communicate
sanction of the State Government, has directed him to information.
communicate information. (2) In this section,—
(2) In this section,— (i) “village” includes village-lands;
(i) "village" includes village lands; (ii) the expression “proclaimed offender” includes any
(ii) the expression "proclaimed offender" includes any person proclaimed as an offender by any Court or authority
person proclaimed as an in any territory in India to which this Code does not extend,
offender by any Court or authority in any territory in in respect of any act which if committed in the territories
India to which this Sanhita does not extend, in respect to which this Code extends, would be an offence
of any act which if committed in the territories to punishable under any of the following sections of the
which this Sanhita extends, would be an offence Indian Penal Code (45 of 1860), namely, 302, 304, 382,
punishable under any of the offence punishable with 392 to 399 (both inclusive), 402, 435, 436, 449, 450 and
imprisonment for ten years or more or with 457 to 460 (both inclusive);
imprisonment for life or with death under the (iii) the words “officer employed in connection with the
Bharatiya Nyaya Sanhita, 2023; affairs of the village” means a member of the panchayat of
the village and includes the headman and every officer or
 (iii) the words "officer employed in connection with other person appointed to perform any function connected
the affairs of the village" means a member of the with the administration of the village.
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.
35. When (1) Any police officer may without an order from a 41. When (1) Any police officer may without an order from a
police Magistrate and without a warrant, arrest any person— police Magistrate and without a warrant, arrest any person—
may arrest (a) who commits, in the presence of a police officer, a may arrest [(a) who commits, in the presence of a police officer, a
without cognizable offence; or without cognizable offence;
warrant (b) against whom a reasonable complaint has been warrant (b) against whom a reasonable complaint has been made,
made, or credible information has been received, or a or credible information has been received, or a reasonable
reasonable suspicion exists that he has committed a suspicion exists that he has committed a cognizable
cognizable offence punishable with imprisonment for offence punishable with imprisonment for a term which
a term which may be less than seven years or which may be less than seven years or which may extend to seven
may extend to seven years whether with or without years whether with or without fine, if the following
fine, if the following conditions are satisfied, conditions are satisfied, namely:—
namely:— (i) the police officer has reason to believe on the basis of
(i) the police officer has reason to believe on the basis such complaint, information, or suspicion that such person
of such complaint, information, or suspicion that such has committed the said offence;
person has committed the said offence; (ii) the police officer is satisfied that such arrest is
(ii) the police officer is satisfied that such arrest is necessary—
necessary— (a) to prevent such person from committing any further
(a) to prevent such person from committing any offence; or
further offence; or (b) for proper investigation of the offence; or
(b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the
(c) to prevent such person from causing the evidence offence to disappear or tampering with such evidence in
of the offence to disappear or tampering with such any manner; or
evidence in any manner; or (d) to prevent such person from making any inducement,
(d) to prevent such person from making any threat or promise to any person acquainted with the facts
inducement, threat or promise to any person of the case so as to dissuade him from disclosing such facts
acquainted with the facts of the case so as to dissuade to the Court or to the police officer; or
him from disclosing such facts to the Court or to the (e) as unless such person is arrested, his presence in the
police officer; or Court whenever required cannot be ensured, and the police
(e) as unless such person is arrested, his presence in officer shall record while making such arrest, his reasons
the Court whenever required cannot be ensured, and in writing:
the police officer shall record while making such [Provided that a police officer shall, in all cases where the
arrest, his reasons in writing: arrest of a person is not required under the provisions of
Provided that a police officer shall, in all cases where this sub-section, record the reasons in writing for not
the arrest of a person is not required under the making the arrest.];
provisions of this sub-section, record the reasons in (ba) against whom credible information has been received
writing for not making the arrest; or that he has committed a cognizable offence punishable
(c) against whom credible information has been with imprisonment for a term which may extend to more
received that he has committed a cognizable offence than seven years whether with or without fine or with death
punishable with imprisonment for a term which may sentence and the police officer has reason to believe on the
extend to more than seven years whether with or basis of that information that such person has committed
without fine or with death sentence and the police the said offence;]
officer has reason to believe on the basis of that (c) who has been proclaimed as an offender either under
information that such person has committed the said this Code or by order of the State Government; or
offence; or (d) in whose possession anything is found which may
(d) who has been proclaimed as an offender either reasonably be suspected to be stolen property and who may
under this Sanhita or by order of the State reasonably be suspected of having committed an offence
Government; or with reference to such thing; or
(e) in whose possession anything is found which may (e) who obstructs a police officer while in the execution of
reasonably be suspected to be stolen property and who his duty, or who has escaped, or attempts to escape, from
may reasonably be suspected of having committed an lawful custody; or
offence with reference to such thing; or (f) who is reasonably suspected of being a deserter from
(f) who obstructs a police officer while in the any of the Armed Forces of the Union; or
execution of his duty, or who has escaped, or attempts (g) who has been concerned in, or against whom a
to escape, from lawful custody; or reasonable complaint has been made, or credible
(g) who is reasonably suspected of being a deserter information has been received, or a reasonable suspicion
from any of the Armed Forces of the Union; or exists, of his having been concerned in, any act committed
(h) who has been concerned in, or against whom a at any place out of India which, if committed in India,
reasonable complaint has been made, or credible would have been punishable as an offence, and for which
information has been received, or a reasonable he is, under any law relating to extradition, or otherwise,
suspicion exists, of his having been concerned in, any liable to be apprehended or detained in custody in India; or
act committed at any place out of India which, if (h) who, being a released convict, commits a breach of any
committed in India, would have been punishable as an rule made under sub-section (5) of section 356; or
offence, and for which he is, under any law relating to (i) for whose arrest any requisition, whether written or
extradition, or otherwise, liable to be apprehended or oral, has been received from another police officer,
detained in custody in India; or provided that the requisition specifies the person to be
(i) who, being a released convict, commits a breach of arrested and the offence or other cause for which the arrest
any rule made under sub-section (5) of section 394; or is to be made and it appears therefrom that the person
(j) for whose arrest any requisition, whether written or might lawfully be arrested without a warrant by the officer
oral, has been received from another police officer, who issued the requisition.
provided that the requisition specifies the person to be [(2) Subject to the provisions of section 42, no person
arrested and the offence or other cause for which the concerned in a non-cognizable offence or against whom a
arrest is to be made and it appears therefrom that the complaint has been made or credible information has been
person might lawfully be arrested without a warrant by received or reasonable suspicion exists of his having so
the officer who issued the requisition. concerned, shall be arrested except under a warrant or
(2) Subject to the provisions of section 39, no person order of a Magistrate.]
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 (1) [The police officer shall], in all cases where the arrest
arrest of a person is not required under sub-section (1) 41A. Notice of a person is not required under the provisions of sub-
issue a notice directing the person against whom a of section (1) of section 41, issue a notice directing the person
reasonable complaint has been made, or credible appearance against whom a reasonable complaint has been made, or
information has been received, or a reasonable before credible information has been received, or a reasonable
suspicion exists that he has committed a cognizable police suspicion exists that he has committed a cognizable
offence, to appear before him or at such other officer offence, to appear before him or at such other place as may
place as may be specified in the notice. be specified in the notice.
 (4) Where such a notice is issued to any person, it shall (2) Where such a notice is issued to any person, it shall be
be the duty of that person to comply with the terms of the duty of that person to comply with the terms of the
the notice. notice.
(5) Where such person complies and continues to (3) Where such person complies and continues to comply
comply with the notice, he shall with the notice, he shall not be arrested in respect of the
not be arrested in respect of the offence referred to in offence referred to in the notice unless, for reasons to be
the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought
recorded, the police officer is of the opinion that he to be arrested.
ought to be arrested. [(4) Where such person, at any time, fails to comply with
(6) Where such person, at any time, fails to comply the terms of the notice or is unwilling to identify himself,
with the terms of the notice or is unwilling to identify the police officer may, subject to such orders as may have
himself, the police officer may, subject to such orders been passed by a competent Court in this behalf, arrest him
as may have been passed by a competent Court in this for the offence mentioned in the notice.]
behalf, arrest him for the offence mentioned in the
notice.
(7) No arrest shall be made without prior permission
No of an officer not below the rank of Deputy
equivalent Superintendent of Police in case of an offence which
provision in is punishable for imprisonment of less than three years
previous and such person is infirm or is above sixty years of
code age.

36. Procedure Every police officer while making an arrest shall— 41B. Every police officer while making
of arrest and (a) bear an accurate, visible and clear identification of Procedure an arrest shall—
duties of his name which will of arrest and (a) bear an accurate, visible and clear identification of his
officer facilitate easy identification; duties of name which will facilitate easy identification;
making (b) prepare a memorandum of arrest which shall be— officer (b) prepare a memorandum of arrest which shall be—
arrest (i) attested by at least one witness, who is a member making (i) attested by at least one witness, who is a member of the
of the family of the arrest family of the person arrested or a respectable member of
person arrested or a respectable member of the locality the locality where the arrest is made;
where the arrest is made; (ii) countersigned by the person arrested; and
(ii) countersigned by the person arrested; and
 (c) inform the person arrested, unless the (c) inform the person arrested, unless the memorandum is
memorandum is attested by a member of his family, attested by a member of his family, that
that he has a right to have a relative or a friend or any he has a right to have a relative or a friend named by him
other person named by him to be informed of his to be informed of his arrest.
arrest.
37. The State Government shall— 41C. (1) The State Government shall establish a police control
Designated (a) establish a police control room in every district and Control room—
police officer at State level; room at (a) in every district; and
(b) designate a police officer in every district and in districts (b) at State level.
every police station, not below the rank of Assistant (2) The State Government shall cause to be displayed on
Sub-Inspector of Police who shall be responsible for the notice board kept outside the control rooms at every
maintaining the information about the names and district, the names and addresses of the persons arrested
No addresses of the persons arrested, nature of the offence and the name and designation of the police officers who
equivalent with which charged, which shall be prominently made the arrests.
provision in displayed in any manner including in digital mode in (3) The control room at the Police Headquarters at the State
previous every police station and at the district headquarters. level shall collect from time to time, details about the
code persons arrested, nature of the offence with which they are
charged and maintain a database for the information of the
general public.
38. Right of When any person is arrested and interrogated by the 41D. Right When any person is arrested and interrogated by the police,
arrested police, he shall be entitled to meet an advocate of his
of he shall be entitled to meet an advocate of his choice during
person to choice during interrogation, though not throughout arrested interrogation, though not throughout interrogation.
meet an interrogation. person to
advocate of meet an
his choice advocate of
during his choice
interrogation during
interrogatio
n
39. Arrest on (1) When any person who, in the presence of a police 42. Arrest (1) When any person who, in the presence of a police
refusal to officer, has committed or has been accused of on officer, has committed or has been accused of committing
give committing a non-cognizable offence refuses on a non-cognizable offence refuses, on demand of such
name and demand of such officer to give his name and residence refusal to officer, to give his name and residence or gives a name or
residence or gives a name or residence which such officer has give residence which such officer has reason to believe to be
reason to believe to be false, he may be arrested by name and false, he may be arrested by such officer in order that his
such officer in order that his name or residence name or residence may be ascertained.
residence may be ascertained. (2) When the true name (2) When the true name and residence of such person have
and residence of such person have been ascertained, been ascertained, he shall be released on his
he shall be released on a bond or bail bond, to appear executing a bond, with or without sureties, to appear before
before a Magistrate if so required: a Magistrate if so required:
Provided that if such person is not resident in India, Provided that, if such person is not resident in India, the
the bail bond shall be secured by a surety or sureties bond shall be secured by a surety or sureties
resident in India. resident in India.
(3) If the true name and residence of such person is not (3) Should the true name and residence of such person not
ascertained within twenty-four hours from the time of be ascertained within twenty-four hours from the time of
arrest or if he fails to execute the bond or bail bond, arrest or should he fail to execute the bond, or, if so
or, if so required, to furnish sufficient sureties, he shall required, to furnish sufficient sureties, he shall
forthwith be forwarded to the nearest Magistrate forthwith be forwarded to the nearest Magistrate having
having jurisdiction. jurisdiction.
40. Arrest by 1) Any private person may arrest or cause to be 43. Arrest (1) Any private person may arrest or cause to be arrested
Private arrested any person who in his presence commits a by private any person who in his presence commits a non-bailable and
person and non-bailable and cognizable offence, or any person and cognizable offence, or any proclaimed offender, and,
procedure proclaimed offender, and, without unnecessary delay, procedure without unnecessary delay, shall make over or cause to be
on such arrest but within six hours from such arrest, shall make over on such made over any person so arrested to a police officer, or, in
or cause to be made over any person so arrested to a arrest the absence of a police officer, take such person or cause
police officer, or, in the absence of a police officer, him to be taken in custody to the nearest police station.
take such person or cause him to be taken in custody (2) If there is reason to believe that such person comes
to the nearest police station. under the provisions of section 41, a police officer shall re-
(2) If there is reason to believe that such person comes arrest him.
under the provisions of sub-section (1) of section 35, (3) If there is reason to believe that he has committed a
a police officer shall take him in custody. non-cognizable offence, and he refuses on the demand of a
(3) If there is reason to believe that he has committed police officer to give his name and residence, or gives a
a non-cognizable offence, and he refuses on the name or residence which such officer has
demand of a police officer to give his name and
 residence, or gives a name or residence which such reason to believe to be false, he shall be dealt with under
officer has reason to believe to be false, he shall be the provisions of section 42; but if there is no
dealt with under the provisions of section 39; but if sufficient reason to believe that he has committed any
there is no sufficient reason to believe that he has offence, he shall be at once released.
committed any offence, he shall be at once released.
41. Arrest by (1) When any offence is committed in the presence of 44. Arrest (1) When any offence is committed in the presence of a
Magistrate a Magistrate, whether Executive or Judicial, within his by Magistrate, whether Executive or Judicial, within his local
local jurisdiction, he may himself arrest or order any Magistrate jurisdiction, he may himself arrest or order any person to
person to arrest the offender, and may thereupon, arrest the offender, and may thereupon, subject to the
subject to the provisions herein contained as to bail, provisions herein contained as to bail, commit the offender
commit the offender to custody. to custody.
(2) Any Magistrate, whether Executive or Judicial, (2) Any Magistrate, whether Executive or Judicial, may at
may at any time arrest or direct the arrest, in his any time arrest or direct the arrest, in his presence, within
presence, within his local jurisdiction, of any person his local jurisdiction, of any person for whose arrest he is
for whose arrest he is competent at the time and in the competent at the time and in the circumstances to issue a
circumstances to issue a warrant. warrant.
42. (1) Notwithstanding anything contained in section 35 45. (1) Notwithstanding anything containedin sections 41 to 44
Protection of and sections 39 to 41 (both inclusive), no member the Protection (both inclusive), no member of the Armed Forces of the
members of Armed Forces of the Union shall be arrested for of members Union shall be arrested for anything done or purported to
Armed anything done or purported to be done by him in the of Armed be done by him in the discharge of his official duties except
Forces from discharge of his official duties except after obtaining Forces from after obtaining the consent of the Central Government.
arrest the consent of the Central Government. arrest (2) The State Government may, by notification, direct that
(2) The State Government may, by notification, direct the provisions of sub-section (1) shall apply to such class
that the provisions of sub-section (1) shall apply to or category of the members of the Force charged with the
such class or category of the members of the Force maintenance of public order as may bespecified therein,
charged with the maintenance of public order as may wherever they may be serving, and thereupon the
be specified therein, wherever they may be provisions of that sub-section shall apply as if for the
serving, and thereupon the provisions of that sub- expression “Central Government” occurring therein, the
section shall apply as if for the expression expression “State Government” were substituted.
"Central Government" occurring therein, the
expression "State Government" were substituted.
43. Arrest (1) In making an arrest the police officer or other 46. Arrest (1) In making an arrest the police officer or other person
how made person making the same shall actually touch or how making the same shall
confine the body of the person to be arrested, unless made actually touch or confine the body of the person to be
there be a submission to the custody by word or action: arrested, unless there be a submission to the custody by
Provided that where a woman is to be arrested, unless word or action:
the circumstances indicate to the contrary, her [Provided that where a woman is to be arrested, unless the
submission to custody on an oral intimation of arrest circumstances indicate to the contrary, her submission to
shall be presumed and, unless the circumstances custody on an oral intimation of arrest shall be presumed
otherwise require or unless the police officer is a and, unless the circumstances otherwise require or unless
female, the police officer shall not touch the person of the police officer is a female, the police officer shall not
the woman for making her arrest. touch the person of the woman for making her arrest.]
(2) If such person forcibly resists the endeavour to (2) If such person forcibly resists the endeavour to arrest
arrest him, or attempts to evade the arrest, such police him, or attempts to evade the arrest, such police officer or
officer or other person may use all means necessary to other person may use all means necessary to effect the
effect the arrest. arrest.
(3) The police officer may, keeping in view the nature (3) Nothing in this section gives a right to cause the death
and gravity of the offence, use handcuff while making of a person who is not accused of an offence punishable
No the arrest of a person or while producing such person with death or with imprisonment for life.
equivalent before the court who is a habitual or repeat offender, [(4) Save in exceptional circumstances, no woman shall be
provision in or who escaped from custody, or who has committed arrested after sunset and before sunrise, and where such
previous offence of organised crime, terrorist act, drug related exceptional circumstances exist, the woman police officer
code crime, or illegal possession of arms and ammunition, shall, by making a written report, obtain the prior
murder, rape, acid attack, counterfeiting of coins and permission of the Judicial Magistrate of the first class
currency-notes, human trafficking, sexual offence within whose local jurisdiction the offence is committed or
against children, or offence against the State. the arrest is to be made.]
(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. Search of (1) If any person acting under a warrant of arrest, or 47. Search (1) If any person acting under warrant of arrest, or any
place entered any police officer having authority to arrest, has of place police officer having authority to arrest, has reason to
by person reason to believe that the person to be arrested has entered by believe that the person to be arrested has entered into, or is
sought to be entered into, or is within, any place, any person person within, any place, any person residing in, or being in
arrested residing in, or being in charge of, such place shall, on sought to be charge of, such place shall, on demand of such person
demand of such person acting as aforesaid or such arrested. acting as aforesaid or such police officer, allow him free
police officer, allow him free ingress thereto, and ingress thereto, and afford all reasonable facilities for a
afford all reasonable facilities for a search therein. search therein.
(2) If ingress to such place cannot be obtained under (2) If ingress to such place cannot be obtained under sub-
sub-section (1), it shall be lawful in any case for a section (1), it shall be lawful in any case for person acting
person acting under a warrant and in any case in which under a warrant and in any case in which a warrant may
a warrant may issue, but cannot be obtained without issue, but cannot be obtained without affording the person
affording the person to be arrested an opportunity of to be arrested an opportunity of escape, for a police officer
escape, for a police officer to enter such place and to enter such place and search therein, and in order to effect
search therein, and in order to effect an entrance into an entrance into such place, to break open any outer or
such place, to break open any outer or inner door or inner door or window of any house or place, whether that
window of any house or place, whether that of the of the person to be arrested or of any other person, if after
person to be arrested or of any other person, if after notification of his authority and purpose, and demand of
notification of his authority and purpose, and demand admittance duly made, he cannot otherwise obtain
of admittance duly made, he cannot otherwise obtain admittance:
admittance: Provided that, if any such place is an apartment in the
Provided that if any such place is an apartment in the actual occupancy of a female (not being the persons to be
actual occupancy of a female (not being the person to arrested) who, according to custom, does not appear in
be arrested) who, according to custom, does not public, such person or police officer shall, before entering
appear in public, such person or police officer shall, such apartment, give notice to such female that she is at
before entering such apartment, give notice to such liberty to withdraw and shall afford her every reasonable
female that she is at liberty to withdraw and shall facility for withdrawing, and may then break open the
afford her every reasonable facility for withdrawing, apartment and enter it.
and may then break open the apartment and enter it.
 (3) Any police officer or other person authorised to (3) Any police officer or other person authorised to make
make an arrest may break open any outer or inner door an arrest may break open any outer or inner door or
or window of any house or place in order to liberate window of any house or place in order to liberate himself
himself or any other person who, having lawfully or any other person who, having lawfully entered for the
entered for the purpose of making an arrest, is detained purpose of making an arrest, is detained therein.
therein.
45. Pursuit of A police officer may, for the purpose of arresting 48. Pursuit A police officer may, for the purpose of arresting without
offenders into without warrant any person whom he is authorised to of offenders warrant any person whom he is authorised to arrest, pursue
other arrest, pursue such person into any place in India. into other such person into any place in India.
jurisdictions jurisdictions
.
46. No The person arrested shall not be subjected to more 49. No The person arrested shall not be subjected to more restraint
unnecessary restraint than is necessary to prevent his escape. unnecessary than is necessary to prevent his escape.
restraint restraint
47. Person (1) Every police officer or other person arresting any 50. Person (1) Every police officer or other person arresting any
arrested to be person without warrant shall forthwith communicate arrested to person without warrant shall forthwith communicate to
informed of to him full particulars of the offence for which he is be informed him full particulars of the offence for which he is arrested
grounds of arrested or other grounds for such arrest. of grounds or other grounds for such arrest.
arrest and of (2) Where a police officer arrests without warrant any of arrest and (2) Where a police officer arrests without warrant any
right to bail person other than a person accused of a non-bailable of right to person other than a person accused of a non-bailable
offence, he shall inform the person arrested that he is bail offence, he shall inform the person arrested that he is
entitled to be released on bail and that he may arrange entitled to be released on bail and that he may arrange for
for sureties on his behalf. sureties on his behalf.
48. (1) Every police officer or other person making any 50A. (1) Every police officer or other person making any arrest
Obligation of arrest under this Sanhita shall forthwith give the Obligation under this Code shall forthwith give the information
Person information regarding such arrest and place where the of person regarding such arrest and place where the arrested person
making arrest arrested person is being held to any of his relatives, making is being held to any of his friends, relatives or such other
to inform friends or such other persons as may be disclosed or arrest to persons as may be disclosed or nominated by the arrested
about arrest, nominated by the arrested person for the purpose of inform person for the purpose of giving such information.
etc., to giving such information and also to the designated about arrest, (2) The police officer shall inform the arrested person of
relative or police officer in the district. etc., to his rights under sub-section (1) as soon as he is brought to
friend. relative or the police station.
 (2) The police officer shall inform the arrested person friend. (3) An entry of the fact as to who has been informed of the
of his rights under sub-section (1) as soon as he is arrest of such person shall be made in a book to be kept in
brought to the police station. the police station in such form as may be prescribed in this
(3) An entry of the fact as to who has been informed behalf by the State Government.
of the arrest of such person shall be made in a book to (4) It shall be the duty of the Magistrate before whom such
be kept in the police station in such form as the State arrested person is produced, to satisfy himself that the
Government may, by rules, provide. requirements of sub-section (2) and sub-section (3) have
(4) It shall be the duty of the Magistrate before whom been complied with in respect of such arrested person.
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. Search of (1) Whenever,— 51. Search (1) Whenever a person is arrested by a police officer under
arrested (i) a person is arrested by a police officer under a of a warrant which does not provide for the taking of bail, or
person warrant which does not provide for the taking of bail, arrested under a warrant which provides for the taking of bail but
or under a warrant which provides for the taking of person the person arrested cannot furnish bail, and whenever a
bail but the person arrested cannot furnish bail; and person is arrested without warrant, or by a private person
(ii) a person is arrested without warrant, or by a private under a warrant, and cannot legally be admitted to bail, or
person under a warrant, and cannot legally be admitted is unable to furnish bail, the officer making the arrest or,
to bail, or is unable to furnish bail, the officer making when the arrest is made by a private person, the police
the arrest or, when the arrest is made by a private officer to whom he makes over the person arrested, may
person, the police officer to whom he makes over the search such person, and place in safe custody all articles,
person arrested, may search such person, and place in other than necessary wearing-apparel, found upon him and
safe custody all articles, other than necessary wearing- where any article is seized from the arrested person, a
apparel, found upon him and where any article is receipt showing the articles taken in possession by the
seized from the arrested person, a receipt showing the police officer shall be given to such person.
articles taken in possession by the police officer shall (2) Whenever it is necessary to cause a female to be
be given to such person. searched, the search shall be made by another female with
(2) Whenever it is necessary to cause a female to be strict regard to decency.
searched, the search shall be made by another female
with strict regard to decency.
50. Power to The police officer or other person making any arrest 52. Power The officer or other person making any arrest under this
seize under this Sanhita may, immediately after the arrest is to seize Code may take from the person arrested any offensive
offensive made, take from the person arrested any offensive offensive weapons which he has about his person, and shall deliver
weapons weapons which he has about his person, and shall weapons all weapons so taken to the Court or officer before which
deliver all weapons so taken to the Court or officer or whom the officer or person making the arrest is required
before which or whom the officer or person making by this Code to produce the person arrested.
the arrest is required by this Sanhita to produce the
person arrested.
51. (1) When a person is arrested on a charge of 53. (1) When a person is
Examination committing an offence of such a nature and alleged to Examinatio arrested on a charge of committing an offence of such a
of accused by have been committed under such circumstances that n of accused nature and alleged to have been committed under such
medical there are reasonable grounds for believing that an by medical circumstances that there are reasonable grounds for
practitioner examination of his person will afford evidence as practitioner believing that an examination of his person will afford
at request of to the commission of an offence, it shall be lawful for at the evidence as to the commission of an offence, it shall be
police officer a registered medical practitioner, acting at the request request of lawful for a registered medical practitioner, acting at the
of any police officer, and for any person acting in good police request of a police officer not below the rank of sub-
faith in his aid and under his direction, to make such officer inspector, and for any person acting in good faith in his aid
an examination of the person arrested as is reasonably and under his direction, to make such an examination of
necessary in order to ascertain the facts which may the person arrested as is reasonably necessary in order to
afford such evidence, and to use such force as is ascertain the facts which may afford such evidence, and to
reasonably necessary for that purpose. use such force as is reasonably necessary for that purpose.
(2) Whenever the person of a female is to be examined (2) Whenever the person of a female is to be examined
under this section, the examination shall be made only under this section, the examination shall be made only
by, or under the supervision of, a female registered by, or under the supervision of, a female registered medical
No medical practitioner. practitioner.
equivalent (3) The registered medical practitioner shall, without [Explanation.—In this section and in sections 53A and
provision in any delay, forward the examination report to the 54,—
previous investigating officer. (a) “examination” shall include the examination of blood,
code Explanation.—In this section and sections 52 and blood stains, semen, swabs in case of sexual
53,— offences, sputum and sweat, hair samples and finger nail
(a) "examination" shall include the examination of clippings by the use of modern and scientific
blood, blood stains, semen, swabs in case of sexual
 offences, sputum and sweat, hair samples and finger techniques including DNA profiling and such other tests
nail clippings by the use of modern and scientific which the registered medical practitioner thinks
techniques including DNA profiling and such other necessary in a particular case;
tests which the registered medical practitioner thinks (b) “registered medical practitioner” means a medical
necessary in a particular case; practitioner who possesses any medical qualification
(b) "registered medical practitioner" means a medical as defined in clause (h) of section 2 of the Indian Medical
practitioner who possesses any medical qualification Council Act, 1956 (102 of 1956) and whose name has
recognised under the National Medical Commission been entered in a State Medical Register.
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 53A. (1) When a person is arrested on a charge of committing an
Examination committing an offence of rape or an attempt to commit Examinatio offence of rape or an attempt to commit rape and there are
of person rape and there are reasonable grounds for believing n of person reasonable grounds for believing that an examination of his
accused of that an examination of his person will afford evidence accused of person will afford evidence as to the commission of such
rape by as to the commission of such offence, it shall be lawful rape by offence, it shall be lawful for a registered medical
medical for a registered medical practitioner employed in a medical practitioner employed in a hospital run by the Government
practitioner hospital run by the Government or by a local authority practitioner or by a local authority and in the absence of such a
and in the absence of such a practitioner within the practitioner within the radius of sixteen kilometres from
radius of sixteen kilometres from the place where the the place where the offence has been committed, by any
offence has been committed, by any other registered other registered medical practitioner, acting at the request
medical practitioner, acting at the request of any police of a police officer not below the rank of a sub-inspector,
officer, and for any person acting in good faith in his and for any person acting in good faith in his aid and under
aid and under his direction, to make such an his direction, to make such an examination of the arrested
examination of the arrested person and to use such person and to use such force as is reasonably necessary for
force as is reasonably necessary for that purpose. that purpose.
(2) The registered medical practitioner conducting (2) The registered medical practitioner conducting such
such examination shall, without any delay, examine examination shall, without delay, examine such person
such person and prepare a report of his examination and prepare a report of his examination giving the
giving the following particulars, namely:— following particulars, namely:—
(i) the name and address of the accused and of the (i) the name and address of the accused and of the person
person by whom he was brought; by whom he was brought,
 (ii) the age of the accused; (ii) the age of the accused,
(iii) marks of injury, if any, on the person of the (iii) marks of injury, if any, on the person of the accused,
accused; (iv) the description of material taken from the person of the
(iv) the description of material taken from the person accused for DNA profiling, and
of the accused for DNA (v) other material particulars in reasonable detail.
profiling; and (3) The report shall state precisely the reasons for each
(v) other material particulars in reasonable detail. conclusion arrived at.
(3) The report shall state precisely the reasons for each (4) The exact time of commencement and completion of
conclusion arrived at. the examination shall also be noted in the report.
(4) The exact time of commencement and completion (5) The registered medical practitioner shall, without delay,
of the examination shall also be noted in the report. forward the report to the investigating officer, who
(5) The registered medical practitioner shall, without shall forward it to the Magistrate referred to in section 173
any delay, forward the report to the investigating as part of the documents referred to in clause (a) of
officer, who shall forward it to the Magistrate referred sub-section (5) of that section.
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 54. (1) When any person is arrested, he shall be examined by
Examination by a medical officer in the service of the Central Examinatio a medical officer in the service of Central or State
of arrested Government or a State Government, and in case the n Government, and in case the medical officer is not
person by medical officer is not available, by a registered of arrested available, by a registered medical practitioner soon after
medical medical practitioner soon after the arrest is made: person by the arrest is made:
officer Provided that if the medical officer or the registered medical Provided that where the arrested person is a female, the
medical practitioner is of the opinion that one more officer. examination of the body shall be made only by or under
No examination of such person is necessary, he may do the supervision of a female medical officer, and in case the
equivalent so: female medical officer is not available, by a female
provision in Provided further that where the arrested person is a registered medical practitioner.
previous female, the examination of the body shall be made (2) The medical officer or a registered medical practitioner
code only by or under the supervision of a female medical so examining the arrested person shall prepare the
officer, and in case the female medical officer is not record of such examination, mentioning therein any
available, by a female registered medical practitioner. injuries or marks of violence upon the person arrested, and
(2) The medical officer or a registered medical the
practitioner so examining the arrested person shall
 prepare the record of such examination, mentioning approximate time when such injuries or marks may have
therein any injuries or marks of violence upon the been inflicted.
person arrested, and the approximate time when such (3) Where an examination is made under sub-section (1), a
injuries or marks may have been inflicted. copy of the report of such examination shall be
(3) Where an examination is made under sub-section furnished by the medical officer or registered medical
(1), a copy of the report of such examination shall be practitioner, as the case may be, to the arrested person or
furnished by the medical officer or registered medical the person nominated by such arrested person.
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 54A. Where a person is arrested on a charge of committing an
Identification an offence and his identification by any other person Identificatio offence and his identification by any other person or
of person or persons is considered necessary for the purpose of n of person persons is considered necessary for the purpose of
arrested investigation of such offence, the Court, having arrested investigation of such offence, the Court, having
jurisdiction may, on the request of the officer in charge jurisdiction may, on the request of the officer in charge of
of a police station, direct the person so arrested to a police station, direct theperson so arrested to subject
subject himself to identification by any person or himself to identification by any person or persons in such
persons in such manner as the Court may deem fit: manner as the Court may deem fit:
Provided that if the person identifying the person Provided that, if the person identifying the person arrested
arrested is mentally or physically disabled, such is mentally or physically disabled, such process of
process of identification shall take place under the identification shall take place under the supervision of a
supervision of a Magistrate who shall take appropriate Judicial Magistrate who shall take appropriate steps to
steps to ensure that such person identifies the person ensure that such person identifies the person arrested using
arrested using methods that person is comfortable with methods that person is comfortable with:
and the identification process shall be recorded by any Provided further that if the person identifying the person
audio-video electronic means. arrested is mentally or physically disabled, the
identification process shall be videographed
55. Procedure (1) When any officer in charge of a police station or 55. (1) When any officer in charge of a police station or any
when police any police officer making an investigation under Procedure police officer making an investigation under Chapter XII
officer Chapter XIII requires any officer subordinate to him when police requires any officer subordinate to him to arrest without a
deputes to arrest without a warrant (otherwise than in his officer warrant (otherwise than in his presence) any person who
presence) any person who may lawfully be arrested deputes may lawfully be arrested without a warrant, he shall deliver
to the officer required to make the arrest an order in
subordinate without a warrant, he shall deliver to the officer subordinate writing, specifying the person to be arrested and the
to arrest required to make the arrest an order in writing, to arrest offence or other cause for which the arrest is to be made
without specifying the person to be arrested and the offence or without and the officer so
warrant. other cause for which the arrest is to be made and the warrant. required shall, before making the arrest, notify to the
officer so required shall, before making the arrest, person to be arrested the substance of the order and, if so
notify to the person to be arrested the substance of the required by such person, shall show him the order.
order and, if so required by such person, shall show (2) Nothing in sub-section (1) shall affect the power of a
him the order. police officer to arrest a person under section 41.
(2) Nothing in sub-section (1) shall affect the power of
a police officer to arrest a person under section 35.
56. Health It shall be the duty of the person having the custody of 55A. Health It shall be the duty of the person having the custody of an
and safety of an accused to take reasonable care of the health and and accused to take reasonable care of the health and safety of
arrested safety of the accused. safety of the accused.
person arrested
person
57. Person A police officer making an arrest without warrant 56. Person A police officer making an arrest without warrant shall,
arrested to be shall, without unnecessary delay and subject to the arrested to without unnecessary delay and subject to the provisions
taken before provisions herein contained as to bail, take or send the be taken herein contained as to bail, take or send the person arrested
Magistrate or person arrested before a Magistrate having jurisdiction before before a Magistrate having jurisdiction in the case, or
officer in in the case, or before the officer in charge of a police Magistrate before the officer in charge of a police station.
charge of station. or officer in
police station charge of
police
station
58. Person No police officer shall detain in custody a person 57. Person No police officer shall detain in custody a person arrested
arrested not arrested without warrant for a longer period than under arrested not without warrant for a longer period than under all the
to be all the circumstances of the case is reasonable, and to be circumstances of the case is reasonable, and such period
detained such period shall not, in the absence of a special order detained shall not, in the absence of a special order of a Magistrate
more than of a Magistrate under section 187, exceed more than under section 167, exceed twenty-four hours exclusive of
twenty-four twenty-four hours exclusive of the time necessary for twenty-four the time necessary for the journey from the place of
hours the journey from the place of arrest to the Magistrate's hours arrest to the Magistrate’s Court.
Court, whether having jurisdiction or not.
59. Police to Officers in charge of police stations shall report to the 58. Police Officers in charge of police stations shall report to the
report District Magistrate, or, if he so directs, to the Sub- to report District Magistrate, or, if he so directs, to the Sub-
apprehension divisional Magistrate, the cases of all persons arrested apprehensio divisional Magistrate, the cases of all persons arrested
s without warrant, within the limits of their respective ns without warrant, within the limits of their respective
stations, whether such persons have been admitted to stations, whether such persons have been admitted to bail
bail or otherwise. or otherwise.
60. Discharge No person who has been arrested by a police officer 59. No person who has been arrested by a police officer shall
of person shall be discharged except on his bond, or bail bond, Discharge be discharged except on his bond, or bail bond, or under
apprehended or under the special order of a Magistrate. of person the special order of a Magistrate.
apprehende
d
61. Power, on (1) If a person in lawful custody escapes or is rescued, 60. Power, (1) If a person in lawful custody escapes or is rescued, the
escape, to the person from whose custody he escaped or was on escape, person from whose custody he escaped or was rescued may
pursue and rescued may immediately pursue and arrest him in any to pursue immediately pursue and arrest him in any place in India.
retake place in India. and retake (2) The provisions of section 47 shall apply to arrests under
(2) The provisions of section 44 shall apply to arrests sub-section (1) although the person making any such arrest
under sub-section (1) although the person making any is not acting under a warrant and is not a police officer
such arrest is not acting under a warrant and is not a having authority to arrest.
police officer having authority to arrest.
62. Arrest to No arrest shall be made except in accordance with the 60A. Arrest No arrest shall be made except in accordance with the
be made provisions of this Sanhita or any other law for the time to be made provisions of this Code or any other law for the time being
strictly being in force providing for arrest. strictly in force providing for arrest.
according to according to
Sanhita Sanhita
63. Form of Every summons issued by a Court under this Sanhita 61. Form of Every summons issued by a Court under this Code shall be
Summons shall be,— summons in writing, in duplicate, signed by the presiding officer of
(i) in writing, in duplicate, signed by the presiding such Court or by such other officer as the High Court may,
officer of such Court or by such other officer as the from time to time, by rule direct, and shall bear the seal of
High Court may, from time to time, by rule direct, and the Court.
shall bear the seal of the Court; or
No (ii) in an encrypted or any other form of electronic
equivalent communication and shall bear the image of the seal of
provision in the Court or digital signature.
previous
code

64. Summons (1) Every summons shall be served by a police officer, 62. (1) Every summons shall be served by a police officer, or
how served or subject to such rules as the State Government may Summons subject to such rules as the State Government may make in
make in this behalf, by an officer of the Court issuing how served this behalf, by an officer of the Court issuing it or other
No it or other public servant: public servant.
equivalent Provided that the police station or the registrar in the (2) The summons shall, if practicable, be served personally
provision in Court shall maintain a register to enter the address, on the person summoned, by delivering or tendering to him
previous email address, phone number and such other details as one of the duplicates of the summons.
code the State Government may, by rules, provide. (3) Every person on whom a summons is so served shall,
(2) The summons shall, if practicable, be served if so required by the serving officer, sign a receipt therefor
personally on the person summoned, by delivering or on the back of the other duplicate.
tendering to him one of the duplicates of the summons:
No Provided that summons bearing the image of Court's
equivalent seal may also be served by electronic communication
provision in in such form and in such manner, as the State
previous Government may, by rules, provide.
code (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. Service (1) Service of a summons on a company or corporation 63. Service Service of a summons on a corporation may be effected by
of summons may be effected by serving it on the Director, of summons serving it on the secretary, local manager or other principal
on corporate Manager, Secretary or other officer of the company or on officer of the corporation, or by letter sent by registered
bodies, firms, corporation, or by letter sent by registered post corporate post, addressed to the chief officer of the corporation in
and societies addressed to the Director, Manager, Secretary or other bodies, India, in which case the service shall be deemed to have
officer of the company or corporation in India, in firms, and been effected when the letter would arrive in ordinary
which case the service shall be deemed to have been societies course of post.
 effected when the letter would arrive in ordinary Explanation.—In this section, “corporation” means an
course of post. incorporated company or other body corporate and
Explanation.—In this section, "company" means a includes a society registered under the Societies
body corporate and "corporation" means an Registration Act, 1860 (21 of 1860
incorporated company or other body corporate
registered under the Companies Act, 2013 or a society
registered under the Societies Registration Act, 1860.
No (2) Service of a summons on a firm or other
equivalent association of individuals may be effected by serving
provision in it on any partner of such firm or association, or by
previous letter sent by registered post addressed to such partner,
code in which case the service shall be deemed to have been
effected when the letter would arrive in ordinary
course of post.
66. Service Where the person summoned cannot, by the exercise 64. Service Where the person summoned cannot, by the exercise
when of due diligence, be found, the summons may be when of due diligence, be found, the summons may be served by
persons served by leaving one of the duplicates for him with persons leaving one of the duplicates for him with some adult
summoned some adult member of his family residing with him, summoned male member of his family residing with him, and the
cannot be and the person with whom the summons is so left cannot be person with whom the summons is so left shall, if so
found shall, if so required by the serving officer, sign a found required by the serving officer, sign a receipt therefor on
receipt therefor on the back of the other the back of the other duplicate.
duplicate. Explanation.—A servant is not a member of the family
Explanation.—A servant is not a member of the family within the meaning of this section.
within the meaning of this section.
67. Procedure If service cannot by the exercise of due diligence be 65. If service cannot by the exercise of due diligence be
when service effected as provided in section 64, section 65 or Procedure effected as provided in section 62, section 63 or section 64,
cannot be section 66, the serving officer shall affix one of the when the serving officer shall affix one of the duplicates of the
effected as duplicates of the summons to some conspicuous part service summons to some conspicuous part of the house or
before of the house or homestead in which the person cannot be homestead in which the person summoned ordinarily
provided summoned ordinarily resides; and thereupon the effected as resides; and thereupon the Court, after making such
Court, after making such inquiries as it thinks fit, may before inquiries as it thinks fit, may either declare that the
either declare that the summons has been duly served provided
 or order fresh service in such manner as it considers summons has been duly served or order fresh service in
proper. such manner as it considers proper.
68. Service (1) Where the person summoned is in the active 66. Service (1) Where the person summoned is in the active service of
on service of the Government, the Court issuing the on the Government, the Court issuing the summons shall
Government summons shall ordinarily send it in duplicate to the Government ordinarily send it in duplicate to the head of the office in
servant head of the office in which such person is employed; servant which such person is employed; and such head shall
and such head shall thereupon cause the summons to thereupon cause the summons to be served in the manner
be served in the manner provided by section 64, and provided by section 62, and shall return it to the Court
shall return it to the Court under his signature with the under his signature with the endorsement required by that
endorsement required by that section. section.
(2) Such signature shall be evidence of due service. (2) Such signature shall be evidence of due service.
69. Service When a Court desires that a summons issued by it shall 67. Service When a Court desires that a summons issued by it shall be
of be served at any place outside its local jurisdiction, it of summons served at any place outside its local jurisdiction, it shall
summons shall ordinarily send such summons in duplicate to a outside ordinarily send such summons in duplicate to a Magistrate
outside local Magistrate within whose local jurisdiction the person local limits within whose local jurisdiction the person summoned
limits summoned resides, or is, to be there served. resides, or is, to be there served.
70. Proof of (1) When a summons issued by a Court is served 68. Proof of (1) When a summons issued by a Court is served outside
service in outside its local jurisdiction, and in any case where the service in its local jurisdiction, and in any case where the officer who
such cases officer who has served a summons is not present at the such cases has served a summons is not present at the hearing of the
and when hearing of the case, an affidavit, purporting to be made and when case, an affidavit, purporting to be made before a
serving before a Magistrate, that such summons has been serving Magistrate, that such summons has been served, and a
officer not served, and a duplicate of the summons purporting to officer not duplicate of the summons purporting to be endorsed (in the
present be endorsed (in the manner provided present manner provided by section 62 or section 64) by the person
by section 64 or section 66) by the person to whom it to whom it was delivered or tendered or with whom it was
was delivered or tendered or with whom it was left, left, shall be admissible in evidence, and the statements
shall be admissible in evidence, and the statements made therein shall be deemed to be correct unless and until
made therein shall be deemed to be correct unless and the contrary is proved.
until the contrary is proved. (2) The affidavit mentioned in this section may be attached
(2) The affidavit mentioned in this section may be to the duplicate of the summons and returned to the
attached to the duplicate of the summons and returned Court.
to the Court.
No (3) All summons served through electronic
equivalent communication under sections 64 to 71 (both
provision in inclusive) shall be considered as duly served and a
previous copy of such summons shall be attested and kept as a
code of service of summons.

71. Service (1) Notwithstanding anything contained in the 69. Service (1) Notwithstanding anything contained in the preceding
of summons preceding sections of this Chapter, a Court issuing a of summons sections of this Chapter, a Court issuing a summons to a
on witness summons to a witness may, in addition to and on witness witness may, in addition to and simultaneously with the
simultaneously with the issue of such summons, direct by post issue of such summons, direct a copy of the summons to
a copy of the summons to be served by electronic be served by registered post addressed to the witness at the
communication or by registered post addressed to the place where he ordinarily resides or carries on business or
witness at the place where he ordinarily resides or personally works for gain.
carries on business or personally works for gain. (2) When an acknowledgement purporting to be signed by
(2) When an acknowledgement purporting to be the witness or an endorsement purporting to be made
signed by the witness or an endorsement purporting to by a postal employee that the witness refused to take
be made by a postal employee that the witness refused delivery of the summons has been received, the Court
to take delivery of the summons has been received or issuing the summons may declare that the summons has
on the proof of delivery of summons under sub-section been duly served.
(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.
72. Form of (1) Every warrant of arrest issued by a Court under this 70. Form of (1) Every warrant of arrest issued by a Court under this
warrant Sanhita shall be in writing, signed by the presiding warrant Code
of arrest and officer of such Court and shall bear the seal of the of arrest and shall be in writing, signed by the presiding officer of such
duration Court. duration Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is (2) Every such warrant shall remain in force until it is
cancelled by the Court which issued it, or until it is cancelled by the Court which issued it, or until it is
executed. executed.
73. Power to (1) Any Court issuing a warrant for the arrest of any 71. Power (1) Any Court issuing a warrant for the arrest of any person
Direct person may in its discretion direct by endorsement on to direct may in its discretion direct by endorsement on the warrant
security the warrant that, if such person executes a bail bond security that, if such person executes a bond with sufficient sureties
to be taken with sufficient sureties for his attendance before the to be taken for his attendance before the Court at a specified time and
Court at a specified time and thereafter until otherwise thereafter until otherwise directed by the Court, the
directed by the Court, the officer to whom the warrant officer to whom the warrant is directed shall take such
is directed shall take such security and shall release security and shall release such person from custody.
such person from custody. (2) The endorsement shall state—
(2) The endorsement shall state— (a) the number of sureties;
(a) the number of sureties; (b) the amount in which they and the person for whose
(b) the amount in which they and the person for whose arrest the warrant is issued, are to be respectively bound;
arrest the warrant is issued, are to be respectively (c) the time at which he is to attend before the Court.
bound; (3) Whenever security is taken under this section, the
(c) the time at which he is to attend before the Court. officer to whom the warrant is directed shall forward the
(3) Whenever security is taken under this section, the bond to the Court.
officer to whom the warrant is directed shall forward
the bond to the Court.
74. Warrants (1) A warrant of arrest shall ordinarily be directed to 72. (1) A warrant of arrest shall ordinarily be directed to one or
to whom one or more police officers; Warrants to more police officers; but the Court issuing such a warrant
directed but the Court issuing such a warrant may, if its whom may, if its immediate execution is necessary and no police
immediate execution is necessary and no police officer directed officer is immediately available, direct it to any other
is immediately available, direct it to any other person person or persons, and such person or persons shall execute
or persons, and such person or persons shall execute the same.
the same. (2) When a warrant is directed to more officers or persons
(2) When a warrant is directed to more officers or than one, it may be executed by all, or by any one or
persons than one, it may be executed by all, or by any more of them
one or more of them.
75. Warrant (1) The Chief Judicial Magistrate or a Magistrate of 73. Warrant (1) The Chief Judicial Magistrate or a Magistrate of the
may be the first class may direct a warrant to any person may be first class may direct a warrant to any person within his
directed to within his local jurisdiction for the arrest of any directed to local jurisdiction for the arrest of any escaped convict,
any person escaped convict, proclaimed offender or of any person any person proclaimed offender or of any person who is accused of a
who is accused of a non-bailable offence and is non-bailable offence and is evading arrest.
evading arrest. (2) Such person shall acknowledge in writing the receipt of
(2) Such person shall acknowledge in writing the the warrant, and shall execute it if the person for
receipt of the warrant, and shall execute it if the person
 for whose arrest it was issued, is in, or enters on, any whose arrest it was issued, is in, or enters on, any land or
land or other property under his charge. other property under his charge.
(3) When the person against whom such warrant is (3) When the person against whom such warrant is issued
issued is arrested, he shall be made over with the is arrested, he shall be made over with the warrant to
warrant to the nearest police officer, who shall cause the nearest police officer, who shall cause him to be taken
him to be taken before a Magistrate having jurisdiction before a Magistrate having jurisdiction in the case, unless
in the case, unless security is taken under section 73. security is taken under section 71.
76. Warrant A warrant directed to any police officer may also be 74. Warrant A warrant directed to any police officer may also be
directed to executed by any other police officer whose name is directed to executed by any other police officer whose name is
police officer endorsed upon the warrant by the officer to whom it is police endorsed upon the warrant by the officer to whom it is
directed or endorsed. officer directed or endorsed.
77. The police officer or other person executing a warrant 75. The police officer or other person executing a warrant of
Notification of arrest shall notify the substance thereof to the Notification arrest shall notify the substance thereof to the person to be
of substance person to be arrested, and, if so required, shall show of substance arrested, and, if so required, shall show him the warrant.
of warrant him the warrant. of warrant
78. Person The police officer or other person executing a warrant 76. Person The police officer or other person executing a warrant of
arrested to be of arrest shall (subject to the provisions of section 73 arrested to arrest shall (subject to the provisions of section 71 as to
brought as to security) without unnecessary delay bring the be brought security) without unnecessary delay bring the person
before Court person arrested before the Court before which he is before arrested before the Court before which he is required by
without delay required by law to produce such person: Court law to produce such person:
Provided that such delay shall not, in any case, exceed without Provided that such delay shall not, in any case, exceed
twenty-four hours exclusive of the time necessary for delay twenty-four hours exclusive of the time necessary for the
the journey from the place of arrest to the Magistrate's journey from the place of arrest to the Magistrate’s Court.
Court.
79. Where A warrant of arrest may be executed at any place in 77. Where A warrant of arrest may be executed at any place in India.
warrant may India. warrant
be executed may be
executed
80. Warrant (1) When a warrant is to be executed outside the local 78. Warrant (1) When a warrant is to be executed outside the local
forwarded for jurisdiction of the Court issuing it, such Court may, forwarded jurisdiction of the Court issuing it, such Court may, instead
execution instead of directing the warrant to a police officer for of directing the warrant to a police officer within
execution
outside within its jurisdiction, forward it by post or otherwise outside its jurisdiction, forward it by post or otherwise to any
jurisdiction to any Executive Magistrate or District jurisdiction Executive Magistrate or District Superintendent of Police
Superintendent of Police or Commissioner of Police or
within the local limits of whose jurisdiction it is to be Commissioner of Police within the local limits of whose
executed; and the Executive Magistrate or District jurisdiction it is to be executed; and the Executive
Superintendent or Commissioner shall endorse his Magistrate or District Superintendent or Commissioner
name thereon, and if practicable, cause it to be shall endorse his name thereon, and if practicable, cause it
executed in the manner hereinbefore provided. to
(2) The Court issuing a warrant under sub-section (1) be executed in the manner hereinbefore provided.
shall forward, along with the warrant, the substance of (2) The Court issuing a warrant under sub-section (1) shall
the information against the person to be arrested forward, along with the warrant, the substance of
together with such documents, if any, as may be the information against the person to be arrested together
sufficient to enable the Court acting under section 83 with such documents, if any, as may be sufficient to enable
to decide whether bail should or should not be granted the Court acting under section 81 to decide whether bail
to the person. should or should not be granted to the person.
81. Warrant (1) When a warrant directed to a police officer is to be 79. Warrant When a warrant directed to a police officer is to be
directed to executed beyond the local jurisdiction of the Court directed to executed beyond the local jurisdiction of the Court issuing
police officer issuing the same, he shall ordinarily take it for police the same, he shall ordinarily take it for endorsement either
for execution endorsement either to an Executive Magistrate or to a officer for to an Executive Magistrate or to a police officer not below
outside police officer not below the rank of an officer in charge execution the rank of an officer in charge of a police station, within
jurisdiction of a police station, within the local limits of whose outside the local limits of whose jurisdiction the warrant is to be
jurisdiction the warrant is to be executed. jurisdiction executed.
(2) Such Magistrate or police officer shall endorse his (2) Such Magistrate or police officer shall endorse his
name thereon and such endorsement shall be sufficient name thereon and such endorsement shall be sufficient
authority to the police officer to whom the warrant is authority to the police officer to whom the warrant is
directed to execute the same, and the local police shall, directed to execute the same, and the local police shall, if
if so required, assist such officer in so
executing such warrant. required, assist such officer in executing such warrant.
(3) Whenever there is reason to believe that the delay (3) Whenever there is reason to believe that the delay
occasioned by obtaining the endorsement of the occasioned by obtaining the endorsement of the Magistrate
Magistrate or police officer within whose local or police officer within whose local jurisdiction the warrant
jurisdiction the warrant is to be executed will prevent is to be executed will prevent such execution, the police
 such execution, the police officer to whom it is officer to whom it is directed may execute the same
directed may execute the same without such without such endorsement in any place beyond the local
endorsement in any place beyond the local jurisdiction jurisdiction of the Court which issued it.
of the Court which issued it.
82. Procedure (1) When a warrant of arrest is executed outside the 80. When a warrant of arrest is executed outside the district in
on arrest of district in which it was issued, the person arrested Procedure which it was issued, the person arrested shall, unless the
Person shall, unless the Court which issued the warrant is on arrest of Court which issued the warrant is within thirty kilometres
against within thirty kilometres of the place of arrest or is Person of the place of arrest or is nearer than the Executive
whom nearer than the Executive Magistrate or District against Magistrate or District Superintendent of Police or
warrant Superintendent of Police or Commissioner of Police whom Commissioner of Police within the local limits of whose
Issued within the local limits of whose jurisdiction the arrest warrant jurisdiction the arrest was made, or unless security is taken
was made, or unless security is taken under section 73, issued under section 71, be taken before such Magistrate or
be taken before such Magistrate or District District Superintendent or Commissioner.
Superintendent or Commissioner.
(2) On the arrest of any person referred to in sub-
No section (1), the police officer shall forthwith give the
equivalent information regarding such arrest and the place where
provision in the arrested person is being held to the designated
previous police officer in the district and to such officer of
code another district where the arrested person normally
resides.
83. Procedure (1) The Executive Magistrate or District 81. (1) The Executive Magistrate or District Superintendent of
by Magistrate Superintendent of Police or Commissioner of Police Procedure Police or Commissioner of Police shall, if the person
before whom shall, if the person arrested appears to be the person by arrested appears to be the person intended by the Court
such person intended by the Court which issued the warrant, direct Magistrate which issued the warrant, direct his removal in custody to
arrested is his removal in custody to such Court: before such Court:
brought Provided that, if the offence is bailable, and such whom Provided that, if the offence is bailable, and such person is
person is ready and willing to give bail bond to the such person ready and willing to give bail to the satisfaction of such
satisfaction of such Magistrate, District arrested is Magistrate, District Superintendent or Commissioner, or a
Superintendent or Commissioner, or a direction has brought direction has been endorsed under section 71 on the
been endorsed under section 73 on the warrant and warrant and such person is ready and willing to give the
security required by such direction, the Magistrate, District
 such person is ready and willing to give the security Superintendent or Commissioner shall take such bail or
required by such direction, the Magistrate, District security, as the case may be, and forward the bond, to the
Superintendent or Commissioner shall take such bail Court which issued the warrant:
bond or security, as the case may be, and forward the Provided further that if the offence is a non-bailable one, it
bond, to the Court which issued the warrant: shall be lawful for the Chief Judicial Magistrate (subject to
Provided further that if the offence is a non-bailable the provisions of section 437), or the Sessions Judge, of the
one, it shall be lawful for the Chief Judicial Magistrate district in which the arrest is made on consideration of the
(subject to the provisions of section 480), or the information and the documents referred to in sub-section
Sessions Judge, of the district in which the arrest is (2) of section 78, to release such person on bail.
made on consideration of the information and the (2) Nothing in this section shall be deemed to prevent a
documents referred to in sub-section (2) of section 80, police officer from taking security under section 71.
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.
84. (1) If any Court has reason to believe (whether after 82. (1) If any Court has reason to believe (whether after taking
Proclamation taking evidence or not) that any person against whom Proclamatio evidence or not) that any person against whom a warrant
for person a warrant has been issued by it has absconded or is n for person has been issued by it has absconded or is concealing
absconding concealing himself so that such warrant cannot be absconding himself so that such warrant cannot be executed, such
executed, such Court may publish a written Court may publish a written proclamation requiring him to
proclamation requiring him to appear at a specified appear at a specified place and at a specified time not less
place and at a specified time not less than thirty days than thirty days from the date of publishing such
from the date of publishing such proclamation. proclamation.
(2) The proclamation shall be published as follows:— (2) The proclamation shall be published as follows:—
(i) (a) it shall be publicly read in some conspicuous (i) (a) it shall be publicly read in some conspicuous place
place of the town or village in which such person of the town or village in which such person
ordinarily resides; ordinarily resides;
(b) it shall be affixed to some conspicuous part of the (b) it shall be affixed to some conspicuous part of the house
house or homestead in which such person ordinarily or homestead in which such person ordinarily resides or to
resides or to some conspicuous place of such town or some conspicuous place of such town or village;
village; (c) a copy thereof shall be affixed to some conspicuous part
(c) a copy thereof shall be affixed to some conspicuous of the Court-house;
part of the Court-house;
 (ii) the Court may also, if it thinks fit, direct a copy of (ii) the Court may also, if it thinks fit, direct a copy of the
the proclamation to be published in a daily newspaper proclamation to be published in a daily newspaper
circulating in the place in which such person circulating in the place in which such person ordinarily
ordinarily resides. resides.
(3) A statement in writing by the Court issuing the (3) A statement in writing by the Court issuing the
proclamation to the effect that the proclamation was proclamation to the effect that the proclamation was duly
duly published on a specified day, in the manner published on a specified day, in the manner specified in
specified in clause (i) of sub-section (2), shall be clause (i) of sub-section (2), shall be conclusive evidence
conclusive evidence that the requirements of this that the requirements of this section have been complied
section have been complied with, and that the with, and that the proclamation was published on such day.
proclamation was published on such day. (4) Where a proclamation published under sub-section (1)
(4) Where a proclamation published under sub-section is in respect of a person accused of an offence punishable
(1) is in respect of a person accused of an offence under section 302, 304, 364, 367, 382, 392, 393, 394, 395,
which is made punishable with imprisonment of ten 396, 397, 398, 399, 400, 402, 436, 449, 459 or 460 of the
years or more, or imprisonment for life or with death Indian Penal Code (45 of 1860), and such person fails to
under the Bharatiya Nyaya Sanhita, 2023 or under any appear at the specified place and time required by the
other law for the time being in force, and such person proclamation, the Court may, after making such inquiry as
fails to appear at the specified place and time required it thinks fit, pronounce him a proclaimed offender and
by the proclamation, the Court may, after making such make a declaration to that effect.
inquiry as it thinks fit, pronounce him a proclaimed (5) The provisions of sub-sections (2) and (3) shall apply
offender and make a declaration to that effect. to a declaration made by the Court under sub-section (4) as
(5) The provisions of sub-sections (2) and (3) shall they apply to the proclamation published under sub-section
apply to a declaration made by the Court under sub- (1).
section (4) as they apply to the proclamation published
under sub-section (1).
85. (1) The Court issuing a proclamation under section 84 83. (1) The Court issuing a proclamation under section 82 may,
Attachment may, for reasons to be recorded in writing, at any time Attachment for reasons to be recorded in writing, at any time after the
of property of after the issue of the proclamation, order the of property issue of the proclamation, order the attachment of any
person attachment of any property, movable or immovable, or of person property, movable or immovable, or both, belonging to the
absconding both, belonging to the proclaimed person: absconding proclaimed person:
Provided that where at the time of the issue of the Provided that where at the time of the issue of the
proclamation the Court is satisfied, by affidavit or proclamation the Court is satisfied, by affidavit o
otherwise, that the person in relation to whom the otherwise, that the person in relation to whom the
proclamation is to be issued,— proclamation is to be issued,—
(a) is about to dispose of the whole or any part of his (a) is about to dispose of the whole or any part of his
property; or property, or
(b) is about to remove the whole or any part of his (b) is about to remove the whole or any part of his property
property from the local jurisdiction of the Court, from the local jurisdiction of the Court,
it may order the attachment of property it may order the attachment simultaneously with the issue
simultaneously with the issue of the proclamation. of the proclamation.
(2) Such order shall authorise the attachment of any (2) Such order shall authorise the attachment of any
property belonging to such person within the district property belonging to such person within the district in
in which it is made; and it shall authorise the which it is made; and it shall authorise the attachment of
attachment of any property belonging to such person any property belonging to such person without such district
without such district when endorsed by the District when endorsed by the District Magistrate within whose
Magistrate within whose district such property is district such property is situate.
situate. (3) If the property ordered to be attached is a debt or other
(3) If the property ordered to be attached is a debt or movable property, the attachment under this section shall
other movable property, the attachment under this be made—
section shall be made— (a) by seizure; or
(a) by seizure; or (b) by the appointment of a receiver; or
(b) by the appointment of a receiver; or (c) by an order in writing prohibiting the delivery of such
(c) by an order in writing prohibiting the delivery of property to the proclaimed person or to any one on his
such property to the proclaimed person or to any one behalf; or
on his behalf; or (d) by all or any two of such methods, as the Court thinks
(d) by all or any two of such methods, as the Court fit.
thinks fit. (4) If the property ordered to be attached is immovable, the
(4) If the property ordered to be attached is attachment under this section shall, in the case of land
immovable, the attachment under this section shall, in paying revenue to the State Government, be made through
the case of land paying revenue to the State the Collector of the district in which the land is situate, and
Government, be made through the Collector of the in all other cases—
district in which the land is situate, and in all other (a) by taking possession; or
cases— (b) by the appointment of a receiver; or
(a) by taking possession; or
 (b) by the appointment of a receiver; or (c) by an order in writing prohibiting the payment of rent
(c) by an order in writing prohibiting the payment of on delivery of property to the proclaimed person or to any
rent on delivery of property to the proclaimed person one on his behalf; or
or to any one on his behalf; or (d) by all or any two of such methods, as the Court thinks
(d) by all or any two of such methods, as the Court fit.
thinks fit. (5) If the property ordered to be attached consists of live-
(5) If the property ordered to be attached consists of stock or is of a perishable nature, the Court may, if it thinks
live-stock or is of a perishable nature, the Court may, it expedient, order immediate sale thereof, and in such case
if it thinks it expedient, order immediate sale thereof, the proceeds of the sale shall abide the order of the Court.
and in such case the proceeds of the sale shall abide (6) The powers, duties and liabilities of a receiver
the order of the Court. appointed under this section shall be the same as those of
(6) The powers, duties and liabilities of a receiver a receiver appointed under the Code of Civil Procedure,
appointed under this section shall be the same as those 1908 (5 of 1908).
of a receiver appointed under the Code of Civil
Procedure, 1908.
86. The Court may, on the written request from a police No equivalent provision in previous code
Identification officer not below the rank of the Superintendent of
and Police or Commissioner of Police, initiate the process
attachment of of requesting assistance from a Court or an authority
property of in the contracting State for identification, attachment
proclaimed and forfeiture of property belonging to a proclaimed
person person in accordance with the procedure
provided in Chapter VIII.
87. Claims (1) If any claim is preferred to, or objection made to 84. Claims (1) If any claim is preferred to, or objection made to the
and the attachment of, any property attached under section and attachment of, any property attached under section 83,
objections to 85, within six months from the date of such objections within six months from the date of such attachment, by any
attachment attachment, by any person other than the proclaimed to person other than the proclaimed person, on the ground
person, on the ground that the claimant or objector attachment that the claimant or objector has an interest in such
has an interest in such property, and that such interest property, and that such interest is not liable to attachment
is not liable to attachment under section 85, the claim under section 83, the claim or objection shall be inquired
or objection shall be inquired into, and may be allowed into, and may be allowed or disallowed in whole or in part:
or disallowed in whole or in part:
 Provided that any claim preferred or objection made Provided that any claim preferred or objection made within
within the period allowed by this sub-section may, in the period allowed by this sub-section may, in the event of
the event of the death of the claimant or objector, be the death of the claimant or objector, be continued by his
continued by his legal representative. legal representative.
(2) Claims or objections under sub-section (1) may be (2) Claims or objections under sub-section (1) may be
preferred or made in the Court by which the order of preferred or made in the Court by which the order of
attachment is issued, or, if the claim or objection is in attachment is issued, or, if the claim or objection is in
respect of property attached under an order endorsed respect of property attached under an order endorsed under
under sub-section (2) of section 85, in the Court of the sub-section (2) of section 83, in the Court of the Chief
Chief Judicial Magistrate of the district in which the Judicial Magistrate of the district in which the attachment
attachment is made. is made.
(3) Every such claim or objection shall be inquired (3) Every such claim or objection shall be inquired into by
into by the Court in which it is preferred or made: the Court in which it is preferred or made:
Provided that, if it is preferred or made in the Court of Provided that, if it is preferred or made in the Court of a
a Chief Judicial Magistrate, he may make it over for Chief Judicial Magistrate, he may make it over for disposal
disposal to any Magistrate subordinate to him. to any Magistrate subordinate to him.
(4) Any person whose claim or objection has been (4) Any person whose claim or objection has been
disallowed in whole or in part by an order under sub- disallowed in whole or in part by an order under sub-
section (1) may, within a period of one year from the section (1) may, within a period of one year from the date
date of such order, institute a suit to establish the right of such order, institute a suit to establish the right which he
which he claims in respect of the property in dispute; claims in respect of the property in dispute; but subject to
but subject to the result of such suit, if any, the order the result of such suit, if any, the order shall be conclusive.
shall be conclusive.
88. Release, (1) If the proclaimed person appears within the time 85. Release, (1) If the proclaimed person appears within the time
sale and specified in the proclamation, the Court shall make an sale and specified in the proclamation, the Court shall make an
restoration of order releasing the property from the attachment. restoration order releasing the property from the attachment.
attached (2) If the proclaimed person does not appear within the of attached (2) If the proclaimed person does not appear within the
property time specified in the proclamation, the property under property time specified in the proclamation, the property under the
the attachment shall be at the disposal of the State attachment shall be at the disposal of the State
Government; but it shall not be sold until the Government; but it shall not be sold until the expiration of
expiration of six months from the date of the six months from the date of the attachment and until any
attachment and until any claim preferred or objection claim preferred or objection made under section 84 has
 made under section 87 has been disposed of under that been disposed of under that section, unless it is subject to
section, unless it is subject to speedy and natural speedy and natural decay, or the Court considers that the
decay, or the Court considers that the sale would be for sale would be for the benefit of the owner; in either of
the benefit of the owner; in either of which cases which cases the Court may cause it to be sold whenever it
the Court may cause it to be sold whenever it thinks thinks fit.
fit. (3) If, within two years from the date of the attachment,
(3) If, within two years from the date of the any person whose property is or has been at the disposal of
attachment, any person whose property is or has been the State Government, under sub-section (2), appears
at the disposal of the State Government under sub- voluntarily or is apprehended and brought before the Court
section (2), appears voluntarily or is apprehended and by whose order the property was attached, or the Court to
brought before the Court by whose order the property which such Court is subordinate, and proves to the
was attached, or the Court to which such Court is satisfaction of such Court that he did not abscond or
subordinate, and proves to the satisfaction of such conceal himself for the purpose of avoiding execution of
Court that he did not abscond or conceal himself for the warrant, and that he had not such notice of the
the purpose of avoiding execution of the warrant, and proclamation as to enable him to attend within the time
that he had not such notice of the proclamation as to specified therein, such property, or, if the same has been
enable him to attend within the time specified therein, sold, the net proceeds of the sale, or, if part only thereof
such property, or, if the same has been sold, the net has been sold, the net proceeds of the sale and the residue
proceeds of the sale, or, if part only thereof has been of the property, shall, after satisfying therefrom all costs
sold, the net proceeds of the sale and the residue of the incurred in consequence of the attachment, be delivered to
property, shall, after satisfying therefrom all costs him.
incurred in consequence of the attachment, be
delivered to him.
89. Appeal Any person referred to in sub-section (3) of section 88, 86. Appeal Any person referred to in sub-section (3) of section 85,
from order who is aggrieved by any refusal to deliver property or from order who is aggrieved by any refusal to deliver property or the
rejecting the proceeds of the sale thereof may appeal to the rejecting proceeds of the sale thereof may appeal to the Court to
application Court to which appeals ordinarily lie from the application which appeals ordinarily lie from the sentences of
for sentences of the first-mentioned Court. for the first-mentioned Court.
restoration restoration
of attached of attached
property property
90. Issue of A Court may, in any case in which it is empowered by 87. Issue of A Court may, in any case in which it is empowered by this
warrant in this Sanhita to issue a summons for the appearance of warrant in Code to issue a summons for the appearance of any person,
lieu of, or in any person, issue, after recording its reasons in lieu of, or in
issue, after recording its reasons in writing, a warrant for
addition to, writing, a warrant for his arrest— addition to, his arrest—
summons (a) if, either before the issue of such summons, or after summons (a) if, either before the issue of such summons, or after the
the issue of the same but before the time fixed for his issue of the same but before the time
appearance, the Court sees reason to believe that he fixed for his appearance, the Court sees reason to believe
has absconded or will not obey the summons; or that he has absconded or will not obey the summons; or
(b) if at such time he fails to appear and the summons (b) if at such time he fails to appear and the summons is
is proved to have been duly served in time to admit of proved to have been duly served in time to admit of his
his appearing in accordance therewith and no appearing in accordance therewith and no reasonable
reasonable excuse is offered for such failure. excuse is offered for such failure.
91. Power to When any person for whose appearance or arrest the 88. Power When any person for whose appearance or arrest the
take bond or officer presiding in any Court is empowered to issue a to take bond officer presiding in any Court is empowered to issue a
bail bond for summons or warrant, is present in such Court, such for summons or warrant, is present in such Court, such officer
appearance officer may require such person to execute a bond or appearance may require such person to execute a bond, with or without
bail bond for his appearance in such Court, or any sureties, for his appearance in such Court, or any other
other Court to which the case may be transferred for Court to which the case may be transferred for trial.
trial.
92. Arrest on When any person who is bound by any bond or bail 89. Arrest When any person who is bound by any bond taken under
breach of bond taken under this Sanhita to appear before a on breach of this Code to appear before a Court, does not appear, the
bond or bail Court, does not appear, the officer presiding in such bond for officer presiding in such Court may issue a warrant
bond for Court may issue a warrant directing that such person appearance directing that such person be arrested and produced before
appearance be arrested and produced before him. him.
93. The provisions contained in this Chapter relating to 90. The provisions contained in this Chapter relating to a
Provisions of summons and warrant, and their issue, service and Provisions summons and warrant, and their issue, service and
this Chapter execution, shall, so far as may be, apply to every of this execution, shall, so far as may be, apply to every summons
generally summons and every warrant of arrest issued under this Chapter and every warrant of arrest issued under this Code.
applicable to Sanhita. generally
summons and applicable
warrants of to
arrest summonses
 and
warrants of
arrest
94. Summons (1) Whenever any Court or any officer in charge of a91. (1) Whenever any Court or any officer in charge of a police
to produce police station considers that the production of any Summons station considers that the production of any document or
document or document, electronic communication, including to produce other thing is necessary or desirable for the purposes of any
other thing communication devices, which is likely to contain document investigation, inquiry, trial or other proceeding under this
digital evidence or other thing is necessary or or other Code by or before such Court or officer, such Court may
No desirable for the purposes of any investigation, thing issue a summons, or such officer a written order, to the
equivalent inquiry, trial or other proceeding under this Sanhita by person in whose possession or power such document or
provision in or before such Court or officer, such Court may issue thing is believed to be, requiring him to attend and produce
previous a summons or such officer may, by a written order, it, or to produce it, at the time and place stated in the
code either in physical form or in electronic form, require summons or order.
the person in whose possession or power such (2) Any person required under this section merely to
document or thing is believed to be, to attend and produce a document or other thing shall be deemed to have
produce it, or to produce it, at the time and place stated complied with the requisition if he causes such document
in the summons or order. or thing to be produced instead of attending personally to
(2) Any person required under this section merely to produce the same.
produce a document, or other thing shall be deemed to (3) Nothing in this section shall be deemed—
have complied with the requisition if he causes such (a) to affect sections 123 and 124 of the Indian Evidence
document or thing to be produced instead of attending Act, 1872 (1 of 1872), or the Bankers’ Books Evidence
personally to produce the same. Act, 1891 (13 of 1891), or
(3) Nothing in this section shall be deemed— (b) to apply to a letter, postcard, telegram or other
(a) to affect sections 129 and 130 of the Bharatiya document or any parcel or thing in the custody of the postal
Sakshya Adhiniyam, 2023 or the Bankers' Books or telegraph authority.
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. Procedure (1) If any document, parcel or thing in the custody of 92. (1) If any document, parcel or thing in the custody of a
as to letters a postal authority is, in the opinion of the District Procedure postal or telegraph authority is, in the opinion of the
Magistrate, Chief Judicial Magistrate, Court of as to letters District Magistrate, Chief Judicial Magistrate, Court of
 Session or High Court wanted for the purpose of any and Session or High Court wanted for the purpose of any
investigation, inquiry, trial or other proceeding under telegrams investigation, inquiry, trial or other proceeding under this
this Code, such Magistrate or Court may require the postal or
Sanhita, such Magistrate or Court may require the telegraph authority, as the case may be, to deliver the
postal authority to deliver the document, document, parcel or thing to such person as the Magistrate
parcel or thing to such person as the Magistrate or or Court directs.
Court directs. (2) If any such document, parcel or thing is, in the opinion
(2) If any such document, parcel or thing is, in the of any other Magistrate, whether Executive or Judicial, or
opinion of any other Magistrate, whether Executive or of any Commissioner of Police or District Superintendent
Judicial, or of any Commissioner of Police or District of Police, wanted for any such purpose, he may require the
Superintendent of Police, wanted for any such postal or telegraph authority, as the case may be, to cause
purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel
search to be made for and to detain such document, or thing pending the order of a District Magistrate, Chief
parcel or thing pending the order of a District Judicial Magistrate or Court under sub-section (1).
Magistrate, Chief Judicial Magistrate or Court under
sub-section (1).
96. When (1) Where— 93. When (1) (a) Where any Court has reason to believe that a
search (a) any Court has reason to believe that a person to search person to whom a summons order under section 91 or a
warrant may whom a summons order under section 94 or a warrant requisition under sub-section (1) of section 92 has been, or
be issued requisition under sub-section (1) of section 95 has may might be, addressed, will not or would not produce the
been, or might be, addressed, will not or would not be issued document or thing as required by such summons or
produce the document or thing as required by such requisition, or
summons or requisition; or (b) where such document or thing is not known to the Court
(b) such document or thing is not known to the Court to be in the possession of any person, or
to be in the possession of any person; or (c) where the Court considers that the purposes of any
(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Code will be
inquiry, trial or other proceeding under this Sanhita served by a general search or inspection, it may issue a
will be served by a general search or inspection, it may search-warrant; and the person to whom such warrant is
issue a search-warrant; and the person to whom such directed, may search or inspect in accordance therewith
warrant is directed, may search and the provisions hereinafter contained.
or inspect in accordance therewith and the provisions (2) The Court may, if it thinks fit, specify in the warrant the
hereinafter contained. particular place or part thereof to which only the search or
 (2) The Court may, if it thinks fit, specify in the inspection shall extend; and the person charged with the
warrant the particular place or part thereof to which execution of such warrant
only the search or inspection shall extend; and the shall then search or inspect only the place or part so
person charged with the execution of such warrant specified.
shall then search or inspect only the place or part so (3) Nothing contained in this section shall authorise any
specified. Magistrate other than a District Magistrate or
(3) Nothing contained in this section shall authorise Chief Judicial Magistrate to grant a warrant to search for a
any Magistrate other than a District Magistrate or document, parcel or other thing in the custody of the postal
Chief Judicial Magistrate to grant a warrant to search or telegraph authority.
for a document, parcel or other thing in the custody of
the postal authority.
97. Search of (1) If a District Magistrate, Sub-divisional Magistrate 94. Search (1) If a District Magistrate, Sub-divisional Magistrate or
place or Magistrate of the first class, upon information and of place Magistrate of the first class, upon information and after
suspected to after such inquiry as he thinks necessary, has reason to suspected to such
contain believe that any place is used for the deposit or sale of contain inquiry as he thinks necessary, has reason to believe that
stolen stolen property, or for the deposit, sale or production stolen any place is used for the deposit or sale of stolen property,
property, of any objectionable article to which this section property, or for the deposit, sale or production of any objectionable
forged applies, or that any such forged article to which this section applies, or that any such
documents, objectionable article is deposited in any place, he may documents, objectionable article is deposited in any place, he may by
etc. by warrant authorise any police officer above the rank etc. warrant authorise any police officer above the rank of a
of a constable— constable—
(a) to enter, with such assistance as may be required, (a) to enter, with such assistance as may be required, such
such place; place,
(b) to search the same in the manner specified in the (b) to search the same in the manner specified in the
warrant; warrant,
(c) to take possession of any property or article therein (c) to take possession of any property or article therein
found which he found which he reasonably suspects to be stolen property
reasonably suspects to be stolen property or or objectionable article to which this section applies,
objectionable article to which this (d) to convey such property or article before a Magistrate,
section applies; or to guard the same on the spot until
(d) to convey such property or article before a the offender is taken before a Magistrate, or otherwise to
Magistrate, or to guard the same dispose of it in some place of safety,
 on the spot until the offender is taken before a (e) to take into custody and carry before a Magistrate every
Magistrate, or otherwise to dispose of person found in such place who
it in some place of safety; appears to have been privy to the deposit, sale or
(e) to take into custody and carry before a Magistrate production of any such property or article knowing or
every person found in such place who appears to have having reasonable cause to suspect it to be stolen property
been privy to the deposit, sale or production of any or, as the case may be, objectionable article to which this
such property or article knowing or having reasonable section applies.
cause to suspect it to be stolen property or, as the case (2) The objectionable articles to which this section applies
may be, objectionable article to which this section are—
applies. (a) counterfeit coin;
(2) The objectionable articles to which this section (b) pieces of metal made in contravention of the Metal
applies are— Tokens Act, 1889 (1 of 1889), or brought
(a) counterfeit coin; into India in contravention of any notification for the time
(b) pieces of metal made in contravention of the being in force under section 11 of the
Coinage Act, 2011, or brought Customs Act, 1962 (52 of 1962);
into India in contravention of any notification for the (c) counterfeit currency note; counterfeit stamps;
time being in force issued under (d) forged documents;
section 11 of the Customs Act, 1962; (e) false seals;
(c) counterfeit currency note; counterfeit stamps; (f) obscene objects referred to in section 292 of the Indian
(d) forged documents; Penal Code (45 of 1860);
(e) false seals; (g) instruments or materials used for the production of any
(f) obscene objects referred to in section 294 of the of the articles mentioned in clauses (a) to (f).
Bharatiya Nyaya Sanhita, 2023;
(g) instruments or materials used for the production of
any of the article mentioned in clauses (a) to (f).
98. Power to (1) Where— 95. Power (1) Where—
declare (a) any newspaper, or book; or to declare (a) any newspaper, or book, or
certain (b) any document, certain (b) any document,
publications wherever printed, appears to the State Government to publications wherever printed, appears to the State Government to
forfeited and contain any matter the publication of which is forfeited contain any matter the publication of which is punishable
to issue punishable under section 152 or section 196 or section and to issue under section 124A or section 153A or section 153B or
197 or section 294 or section 295 or section 299 of the section 292 or section 293 or section 295A of the Indian
search Bharatiya Nyaya Sanhita, 2023, the State Government search Penal Code (45 of 1860), the State Government may, by
warrants for may, by notification, stating the grounds of its opinion, warrants for notification, stating the grounds of its opinion, declare
same declare every copy of the issue of the newspaper same every copy of the issue of the newspaper containing such
containing such matter, and every copy of such book matter,
or other document to be and every copy of such book or other document to be
forfeited to Government, and thereupon any police forfeited to Government, and thereupon any police officer
officer may seize the same wherever found in India may seize the same wherever found in India and any
and any Magistrate may by warrant authorise any Magistrate may by warrant authorise any police officer not
police officer not below the rank of sub-inspector to below the rank of sub-inspector to enter upon and search
enter upon and search for the same in any premises for the same in any premises where any copy of such issue,
where any copy of such issue, or any such book or or any such book or other document may be or may be
other document may be or may be reasonably reasonably suspected to be.
suspected to be. (2) In this section and in section 96,—
(2) In this section and in section 99,— (a) “newspaper” and “book” have the same meaning as in
(a) "newspaper" and "book" have the same meanings the Press and Registration of Books Act, 1867 (25 of
as in the Press and Registration of Books Act, 1867; 1867);
(b) "document" includes any painting, drawing or (b) “document” includes any painting, drawing or
photograph, or other visible photograph, or other visible representation.
representation. (3) No order passed or action taken under this section shall
(3) No order passed or action taken under this section be called in question in any Court otherwise than in
shall be called in question in any Court otherwise than accordance with the provisions of section 96.
in accordance with the provisions of section 99.
99. (1) Any person having any interest in any newspaper, 96. (1) Any person having any interest in any newspaper, book
Application book or other document, in respect of which a Application or other document, in respect of which a declaration of
to High Court declaration of forfeiture has been made under section to High forfeiture has been made under section 95, may, within two
to set aside 98, may, within two months from the date of Court to months from the date of publication in the Official Gazette
declaration of publication in the Official Gazette of such declaration, set aside of such declaration, apply to the High Court to set aside
forfeiture apply to the High Court to set aside such declaration declaration such declaration on the ground that the issue of the
on the ground that the issue of the newspaper, or the of forfeiture newspaper, or the book or other document, in respect of
book or other document, in respect of which the which the declaration was made, did not contain any such
declaration was made, did not contain any such matter matter as is referred to in sub-section (1) of section 95.
as is referred to in sub-section (1) of section 98.
 (2) Every such application shall, where the High Court (2) Every such application shall, where the High Court
consists of three or more Judges, be heard and consists of three or more Judges, be heard and determined
determined by a Special Bench of the High Court by a Special Bench of the High Court composed of three
composed of three Judges and where the High Court Judges and where the High Court consists of less than three
consists of less than three Judges, such Special Bench Judges, such Special Bench shall be composed of all the
shall be composed of all the Judges of that High Court. Judges of that High Court.
(3) On the hearing of any such application with (3) On the hearing of any such application with reference
reference to any newspaper, any copy of such to any newspaper, any copy of such
newspaper may be given in evidence in aid of the newspaper may be given in evidence in aid of the proof of
proof of the nature or tendency of the words, signs or the nature or tendency of the words, signs or visible
visible representations contained in such newspaper, representations contained in such newspaper, in respect of
in respect of which the declaration of forfeiture was which the declaration of forfeiture was made.
made. (4) The High Court shall, if it is not satisfied that the issue
(4) The High Court shall, if it is not satisfied that the of the newspaper, or the book or other document, in respect
issue of the newspaper, or the book or other document, of which the application has been made, contained any
in respect of which the application has been made, such matter as is referred to in sub-section (1) of section
contained any such matter as is referred to in sub- 95, set aside the declaration of forfeiture.
section (1) of section 98, set aside the declaration of (5) Where there is a difference of opinion among the
forfeiture. Judges forming the Special Bench, the decision
(5) Where there is a difference of opinion among the shall be in accordance with the opinion of the majority of
Judges forming the Special Bench, the decision shall those Judges.
be in accordance with the opinion of the majority of
those Judges.
100. Search If any District Magistrate, Sub-divisional Magistrate 97. Search If any District Magistrate, Sub-divisional Magistrate
for persons or Magistrate of the first class has reason to believe for persons or Magistrate of the first class has reason to believe that
wrongfully that any person is confined under such circumstances wrongfully any person is confined under such circumstances that the
confined that the confinement amounts to an offence, he may confined confinement amounts to an offence, he may issue a search-
issue a search-warrant, and the person to whom such warrant, and the person to whom such warrant is directed
warrant is directed may search for the person so may search for the person so confined; and such search
confined; and such search shall be made in accordance shall be made in accordance therewith, and the person, if
therewith, and the person, if found, shall be found, shall be immediately taken before a Magistrate,
immediately taken before a Magistrate, who shall
 make such order as in the circumstances of the case who shall make such order as in the circumstances of the
seems proper. case seems proper.
101. Power Upon complaint made on oath of the abduction or 98. Power Upon complaint made on oath of theabduction or unlawful
to compel unlawful detention of a woman, or a female child for to compel detention of a woman, or a female child under the age of
restoration of any unlawful purpose, a District Magistrate, Sub- restoration eighteen years for any unlawful purpose, a District
abducted divisional Magistrate or Magistrate of the first class of abducted Magistrate, Sub-divisional Magistrate or Magistrate of the
females may make an order for the immediate restoration females first class may make an order for the immediate restoration
of such woman to her liberty, or of such female child of such woman to her liberty, or of such female child to her
to her parent, guardian or other person having the husband, parent, guardian or other person having the
lawful charge of such child, and may compel lawful charge of such child, and may compel compliance
compliance with such order, using such force as may with such order, using such force as may be necessary.
be necessary.
102. The provisions of sections 32, 72, 74, 76, 79, 80 and 99. The provisions of sections 38, 70, 72, 74, 77, 78 and 79
Direction, 81 shall, so far as may be, apply to all search-warrants Direction, shall, so far as may be, apply to all search-warrants issued
etc., of issued under section 96, section 97, section 98 or etc., of under section 93, section 94, section 95 or section 97.
search section 100. search
warrants warrants
103. Persons (1) Whenever any place liable to search or inspection 100. (1) Whenever any place liable to search or
in charge of under this Chapter is closed, any person residing in, or Persons in inspection under this Chapter is closed, any person residing
closed place being in charge of, such place, shall, on demand of the charge of in, or being in charge of, such place, shall, on demand of
to allow officer or other person executing the warrant, and on closed place the officer or other person executing the warrant, and on
search production of the warrant, allow him free ingress to allow production of the warrant, allow him free ingress thereto,
thereto, and afford all reasonable facilities for a search search and afford all reasonable facilities for a search therein.
therein. (2) If ingress into such place cannot be so obtained, the
(2) If ingress into such place cannot be so obtained, officer or other person executing the warrant may proceed
the officer or other person executing the warrant may in the manner provided by sub-section (2) of section 47.
proceed in the manner provided by sub-section (2) of (3) Where any person in or about such place is reasonably
section 44. suspected of concealing about his person any article for
(3) Where any person in or about such place is which search should be made, such person may be
reasonably suspected of concealing about his person searched and if such person is a woman, the search shall be
any article for which search should be made, such made by another woman with strict regard to decency.
person may be searched and if such person is a
woman, the search shall be made by another woman (4) Before making a search under this Chapter, the officer
with strict regard to decency. or other person about to make it shall call upon two or more
(4) Before making a search under this Chapter, the independent and respectable inhabitants of the locality in
officer or other person about to make it shall call upon which the place to be searched is situate or of any other
two or more independent and respectable inhabitants locality if no such inhabitant of the said locality is available
of the locality in which the place to be searched is or is willing to be a witness to the search, to attend and
situate or of any other locality if no such inhabitant of witness the search and may issue an order in writing to
the said locality is available or is willing to be a them or any of them so to do.
witness to the search, to attend and witness the search (5) The search shall be made in their presence, and a list of
and may issue an order in writing to them or any of all things seized in the course of such search and of the
them so to do. places in which they are respectively found shall be
(5) The search shall be made in their presence, and a prepared by such officer or other person and signed by such
list of all things seized in the course of such search and witnesses; but no person witnessing a search under this
of the places in which they are respectively found shall section shall be required to attend the Court as a witness of
be prepared by such officer or other person and signed the search unless specially summoned by it.
by such witnesses; but no person witnessing a search (6) The occupant of the place searched, or some person in
under this section shall be required to attend the Court his behalf, shall, in every instance, be permitted to attend
as a witness of the search unless specially summoned during the search, and a copy of the list prepared under this
by it. section, signed by the said witnesses, shall be delivered to
(6) The occupant of the place searched, or some person such occupant or person.
in his behalf, shall, in every instance, be permitted to (7) When any person is searched under sub-section (3), a
attend during the search, and a copy of the list list of all things taken possession of shall be prepared, and
prepared under this section, signed by the said a copy thereof shall be delivered to such person.
witnesses, shall be delivered to such occupant or (8) Any person who, without reasonable cause, refuses or
person. neglects to attend and witness a search under this section,
(7) When any person is searched under sub-section when called upon to do so by an order in writing delivered
(3), a list of all things taken possession of shall be or tendered to him, shall be deemed to have committed an
prepared, and a copy thereof shall be delivered to such offence under section 187 of the Indian Penal Code (45 of
person. 1860).
(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. Disposal When, in the execution of a search-warrant at any 101. When, in the execution of a search-warrant at any place
of things place beyond the local jurisdiction of the Court which Disposal of beyond the local jurisdiction of the Court which issued the
found in issued the same, any of the things for which search is things same, any of the things for which search is made, are
search made, are found, such things, together with the list of found in found, such things, together with the list of the same
beyond the same prepared under the provisions hereinafter search prepared under the provisions hereinafter contained, shall
jurisdiction contained, shall be immediately taken before the Court beyond be immediately taken before the Court issuing the warrant,
issuing the warrant, unless such place is nearer to the jurisdiction unless such place is nearer to the Magistrate having
Magistrate having jurisdiction therein than to such jurisdiction therein than to such Court, in which case the
Court, in which case the list and things shall be list and things shall be immediately taken before such
immediately taken before such Magistrate; and, unless Magistrate; and, unless there be good cause to the contrary,
there be good cause to the contrary, such Magistrate such Magistrate shall make an order authorising them to be
shall make an order authorising them to be taken to taken to such Court.
such Court.
105. The process of conducting search of a place or taking No equivalent provision in previous code
Recording of possession of any property, article or thing under this
search and Chapter or under section 185, including preparation of
seizure the list of all things seized in the course of such search
through and seizure and signing of such list by witnesses, shall
audio video be recorded through any audio-video electronic means
electronic preferably mobile phone and the police officer shall
means without delay forward such recording to the District
Magistrate, Sub-divisional Magistrate or Judicial
Magistrate of the first class.
106. Power (1) Any police officer may seize any property which 102. Power (1) Any police officer may seize any property which may
of police may be alleged or suspected to have been stolen, or of police be alleged or suspected to have been stolen, or which may
officer which may be found under circumstances which create officer to be found under circumstances which create suspicion of
to seize suspicion of the commission of any offence. seize the commission of any offence.
certain certain
property property
 (2) Such police officer, if subordinate to the officer in (2) Such police officer, if subordinate to the officer in
charge of a police station, shall forthwith report the charge of a police station, shall forthwith report the seizure
seizure to that officer. to that officer.
(3) Every police officer acting under sub-section (1) [(3) Every police officer acting under sub-section (1) shall
shall forthwith report the seizure to the Magistrate forthwith report the seizure to the Magistrate having
having jurisdiction and where the property seized is jurisdiction and where the property seized is such that it
such that it cannot be conveniently transported to the cannot be conveniently transported to the Court, [or where
Court, or where there is difficulty in securing proper there is difficulty in securing proper accommodation for
accommodation for the custody of such property, or the custody of such property, or where the continued
where the continued retention of the property in police retention of the property in police custody may not be
custody may not be considered necessary for the considered necessary for the purpose of investigation,] he
purpose of investigation, he may give custody thereof may give custody thereof to any person on his executing a
to any person on his executing a bond undertaking to bond undertaking to produce the property before the Court
produce the property before the Court as and when as and when required and to give effect to the further orders
required and to give effect to the further orders of the of the Court as to the disposal of the same:]
Court as to the disposal of the same: [Provided that where the property seized under sub-section
Provided that where the property seized under sub- (1) is subject to speedy and natural decay and if the person
section (1) is subject to speedy and natural decay and entitled to the possession of such property is unknown or
if the person entitled to the possession of such property absent and the value of such property is less than five
is unknown or absent and the value of such property is hundred rupees, it may forthwith be sold by auction under
less than five hundred rupees, it may forthwith be sold the orders of the Superintendent of Police and the
by auction under the orders of the Superintendent of provisions of sections 457 and 458 shall, as nearly as may
Police and the provisions of sections 503 and 504 be practicable, apply to the net proceeds of such sale.]
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 No equivalent provision in previous code
Attachment, reason to believe that any property is derived or
forfeiture or obtained, directly or indirectly, as a result of a criminal
restoration of activity or from the commission of any offence, he
property 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 103. Any Magistrate may direct a search to be made in his
Magistrate presence of any place for the search of which he is Magistrate presence of any place for the search of which he is
may direct competent to issue a search-warrant. may direct competent to issue a search-warrant.
search in his search in his
presence presence
109. Power Any Court may, if it thinks fit, impound any document 104. Power Any Court may, if it thinks fit, impound any document or
to impound or thing produced before it under this Sanhita. to impound thing produced before it under this Code.
document, document,
etc., etc.,
produced produced
110. (1) Where a Court in the territories to which this 105. (1) Where a Court in the territories to which
Reciprocal Sanhita extends (hereafter in this section referred to as Reciprocal this Code extends (hereafter in this section referred to as
arrangements the said territories) desires that— arrangement the said territories) desires that—
regarding (a) a summons to an accused person; or s (a) a summons to an accused person, or
processes (b) a warrant for the arrest of an accused person; or regarding (b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend processes (c) a summons to any person requiring him to attend and
and produce a document or other thing, or to produce produce a document or other thing, or to produce it, or
it; or (d) a search-warrant,
(d) a search-warrant, [issued by it shall be served or executed at any place,—
issued by it shall be served or executed at any place,— (i) within the local jurisdiction of a Court in any State or
(i) within the local jurisdiction of a Court in any State area in India outside the said territories, it may send such
or area in India outside the said territories, it may send summons or warrant in duplicate by post or otherwise, to
such summons or warrant in duplicate by post or the presiding officer of that Court to be served or executed;
otherwise, to the presiding officer of that Court to be and where any summons referred to in clause (a) or clause
served or executed; and where any summons (c) has been so served, the provisions of section 68 shall
referred to in clause (a) or clause (c) has been so apply in relation to such summons as if the presiding
served, the provisions of section 70 shall apply in officer of the Court to whom it is sent were a Magistrate in
relation to such summons as if the presiding officer of the said territories;
the Court to whom it is sent were a Magistrate in the (ii) in any country or place outside India in respect of
said territories; which arrangements have been made by the Central
(ii) in any country or place outside India in respect of Government with the Government of such country or place
which arrangements have been made by the Central for service or execution of summons or warrant in relation
Government with the Government of such country or to criminal matters (hereafter in this section referred to as
place for service or execution of summons or warrant the contracting State), it may send such summons or
in relation to criminal matters (hereafter in this section warrant in duplicate in such form, directed to such Court,
referred to as the contracting State), it may send such Judge or Magistrate, and send to such authority for
summons or warrant in duplicate in such form, transmission, as the Central Government may, by
directed to such Court, Judge or Magistrate, and send notification, specify in this behalf.]
to such authority for transmission, as the Central (2) Where a Court in the said territories has received for
Government may, by notification, specify in this service or execution—
behalf. (a) a summons to an accused person, or
(2) Where a Court in the said territories has received (b) a warrant for the arrest of an accused person, or
for service or execution— (c) a summons to any person requiring him to attend and
(a) a summons to an accused person; or produce a document or other thing, or to
(b) a warrant for the arrest of an accused person; or produce it, or
(c) a summons to any person requiring him to attend (d) a search-warrant,
and produce a document [issued by—
 or other thing, or to produce it; or (I) a Court in any State or area in India outside the said
(d) a search-warrant, territories;
issued by— (II) a Court, Judge or Magistrate in a contracting State,
(I) a Court in any State or area in India outside the said it shall cause the same to be served or executed] as if it
territories; were a summons or warrant received by it from
(II) a Court, Judge or Magistrate in a contracting State, another Court in the said territories for service or execution
it shall cause the same to be served or executed as if it within its local jurisdiction; and where—
were a summons or warrant received by it from (i) a warrant of arrest has been executed, the person
another Court in the said territories for service or arrested shall, so far as possible, be dealt with in
execution within its local jurisdiction; and where— accordance with the procedure prescribed by sections 80
(i) a warrant of arrest has been executed, the person and 81,
arrested shall, so far as possible, be dealt with in (ii) a search-warrant has been executed, the things found in
accordance with the procedure specified by sections the search shall, so far as possible, be dealt
82 and 83; with in accordance with the procedure prescribed by
(ii) a search-warrant has been executed, the things section 101:
found in the search shall, so far as possible, be dealt [Provided that in a case where a summons or search-
with in accordance with the procedure specified by warrant received from a contracting State has been
section 104: executed, the documents or things produced or things
Provided that in a case where a summons or search- found in the search shall be forwarded to the Court issuing
warrant received from a contracting State has been the summons or search-warrant through such authority as
executed, the documents or things produced or things the Central Government may, by notification, specify in
found in the search shall be forwarded to the Court this behalf.]
issuing the summons or search-warrant through such
authority as the Central Government may, by
notification, specify in this behalf.
111. In this Chapter, unless the context otherwise 105A. In this Chapter, unless the context otherwise requires,—
Definitions requires,— Definitions (a) “contracting State” means any country or place outside
(a) "contracting State" means any country or place India in respect of which arrangements have been made by
outside India in respect of which arrangements have the Central Government with the Government of such
been made by the Central Government with the country through a treaty or otherwise;
Government of such country through a treaty or
otherwise;
 (b) "identifying" includes establishment of a proof that (b) “identifying” includes establishment of a proof that the
the property was derived from, or used in, the property was derived from, or used in, the commission of
commission of an offence; an offence;
(c) "proceeds of crime" means any property derived or (c) “proceeds of crime” means any property derived or
obtained directly or indirectly, by any person as a obtained directly or indirectly, by any person as a result of
result of criminal activity (including crime involving criminal activity (including crime involving currency
currency transfers) or the value of any such property; transfers) or the value of any such property;
(d) "property" means property and assets of every (d) “property” means property and assets of every
description whether corporeal or incorporeal, movable description whether corporeal or incorporeal, movable or
or immovable, tangible or intangible and deeds and immovable, tangible or intangible and deeds and
instruments evidencing title to, or interest in, such instruments evidencing title to, or interest in, such property
property or assets derived or used in the or assets derived or used in the commission of an offence
commission of an offence and includes property and includes property obtained through proceeds of
obtained through proceeds of crime; crime;
(e) "tracing" means determining the nature, source, (e) “tracing” means determining the nature, source,
disposition, movement, title or ownership of property disposition, movement, title or ownership of property.
112. Letter of (1) If, in the course of an investigation into an offence, 166A. (1) Notwithstanding anything contained in this Code, if, in
request to an application is made by the investigating officer or Letter of the course of an investigation into an offence, an
competent any officer superior in rank to the investigating officer request to application is made by the investigating officer or any
authority for that evidence may be available in a country or place competent officer superior in rank to the investigating officer that
investigation outside India, any Criminal Court may issue a letter of authority evidence may be available in a country or place outside
in a country request to a Court or an authority in that country or for India, any Criminal Court may issue a letter of request to a
or place place competent to deal with investigatio Court or an authority in that country or place competent to
outside India such request to examine orally any person supposed to n deal with such request to examine orally any person
be acquainted with the facts and circumstances of the in a country supposed to be acquainted with the facts and circumstances
case and to record his statement made in the course of or place of the case and to record his statement made in the course
such examination and also to require such person or outside of such examination and also to require such person or any
any other person to produce any document or thing India other person to produce any document or thing which may
which may be in his possession pertaining to the case be in his possession pertaining to the case and to forward
and to forward all the evidence so taken or collected all the evidence so taken or collected or the authenticated
or the authenticated copies thereof or the thing so copies thereof or the thing so collected to the Court issuing
collected to the Court issuing such letter. such letter.
 (2) The letter of request shall be transmitted in such (2) The letter of request shall be transmitted in such manner
manner as the Central Government may specify in this as the Central Government may specify in this behalf.
behalf. (3) Every statement recorded or document or thing
(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the
received under sub-section (1) shall be deemed to be evidence collected during the course of investigation under
the evidence collected during the course of this Chapter.
investigation under this Sanhita.
113. Letter of (1) Upon receipt of a letter of request from a Court or 166B. (1) Upon receipt of a letter of request from a Court or an
request from an authority in a country or place outside India Letter of authority in a country or place outside India competent to
a country or competent to issue such letter in that country or place request issue such letter in that country or place for the
place outside for the examination of any person or production of any from a examination of any person or production of any document
India to a document or thing in relation to an offence under country or or thing in relation to an offence under investigation in that
Court or an investigation in that country or place, the Central place country or place, the Central Government may, if it thinks
authority for Government may, if it thinks fit— outside fit—
investigation (i) forward the same to the Chief Judicial Magistrate India to a (i) forward the same to the Chief Metropolitan Magistrate
in India or Judicial Magistrate as he may appoint in this behalf, Court or an or Chief Judicial Magistrate or such Metropolitan
who shall thereupon summon the person before him authority Magistrate or Judicial Magistrate as he may appoint in this
and record his statement or cause the document or for behalf, who shall thereupon summon the person before him
thing to be produced; or investigatio and record his statement or cause the document or thing to
(ii) send the letter to any police officer for n in India. be produced; or
investigation, who shall thereupon investigate into the (ii) send the letter to any police officer for investigation,
offence in the same manner, as if the offence had been who shall thereupon investigate into the offence in
committed within India. the same manner, as if the offence had been committed
(2) All the evidence taken or collected under sub- within India.
section (1), or authenticated copies thereof or the thing (2) All the evidence taken or collected under sub-section
so collected, shall be forwarded by the Magistrate or (1), or authenticated copies thereof or the thing so
police officer, as the case may be, to the Central collected, shall be forwarded by the Magistrate or police
Government for transmission to the Court or the officer, as the case may be, to the Central Government for
authority issuing the letter of request, in such manner transmission to the Court or the authority issuing the letter
as the Central Government may deem fit. of request, in such manner as the Central Government may
deem fit.
114. (1) Where a Court in India, in relation to a criminal 105B. (1) Where a Court in India, in relation to a criminal matter,
Assistance in matter, desires that a warrant for arrest of any person Assistance desires that a warrant for arrest of any person to attend or
securing to attend or produce a document or other thing issued in securing produce a document or other thing issued by it shall be
transfer of by it shall be executed in any place in a contracting transfer of executed in any place in a contracting State, it shall send
persons State, it shall send such warrant in duplicate in such persons such warrant in duplicate in such form to such Court, Judge
form to such Court, Judge or Magistrate through such or Magistrate through such authority, as the Central
authority, as the Central Government may, by Government may, by notification, specify in this behalf
notification, specify in this behalf and that Court, and that Court, Judge or Magistrate, as the case may be,
Judge or Magistrate, as the case may be, shall cause shall cause the same to be executed.
the same to be executed. (2) Notwithstanding anything contained in this Code, if, in
(2) If , in the course of an investigation or any inquiry the course of an investigation or any inquiry into an
into an offence, an application is made by the offence, an application is made by the investigating officer
investigating officer or any officer superior in rank to or any officer superior in rank to the investigating officer
the investigating officer that the attendance of a person that the attendance of a person who is in any place in a
who is in any place in a contracting State is required contracting State is required in connection with such
in connection with such investigation or inquiry and investigation or inquiry and the Court is satisfied that such
the Court is satisfied that such attendance is so attendance is so required, it shall issue a summons or
required, it shall issue a summons or warrant, in warrant, in duplicate, against the said person to such Court,
duplicate, against the said person to such Court, Judge Judge or Magistrate, in such form as the Central
or Magistrate, in such form as the Central Government Government may, by notification, specify in this behalf, to
may, by notification, specify in this behalf, to cause cause the same to be served or executed.
the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter,
(3) Where a Court in India, in relation to a criminal has received a warrant for arrest of any person requiring
matter, has received a warrant for arrest of any person him to attend or attend and produce a document or other
requiring him to attend or attend and produce a thing in that Court or before any other investigating
document or other thing in that Court or before any agency, issued by a Court, Judge or Magistrate in a
other investigating agency, issued by a Court, Judge or contracting State, the same shall be executed as if it is the
Magistrate in a contracting State, the same shall be warrant received by it from another Court in India for
executed as if it is the warrant received by it from execution within its local limits.
another Court in India for execution within its local (4) Where a person transferred to a contracting State
limits. pursuant to sub-section (3) is a prisoner in India, the Court
 (4) Where a person transferred to a contracting State in India or the Central Government may impose such
pursuant to sub-section (3) is a prisoner in India, the conditions as that Court or Government deems fit.
Court in India or the Central Government may impose (5) Where the person transferred to India pursuant to sub-
such conditions as that Court or Government deems section (1) or sub-section (2) is a prisoner in a contracting
fit. State, the Court in India shall ensure that the conditions
(5) Where the person transferred to India pursuant to subject to which the prisoner is transferred to India are
sub-section (1) or sub-section (2) is a prisoner in a complied with and such prisoner shall be kept in such
contracting State, the Court in India shall ensure that custody subject to such conditions as the Central
the conditions subject to which the prisoner is Government may direct in writing.
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 105C. (1) Where a Court in India has reasonable grounds to
Assistance in believe that any property obtained by any person is Assistance believe that any property obtained by any person is derived
relation to derived or obtained, directly or indirectly, by such in relation or obtained, directly or indirectly, by such person from the
orders of person from the commission of an offence, it may to orders of commission of an offence, it may make an order of
attachment or make an order of attachment or forfeiture of such attachment attachment or forfeiture of such property, as it may deem
forfeiture of property, as it may deem fit under the provisions of or forfeiture fit under the provisions of sections 105D to 105J (both
property sections 116 to 122 (both inclusive). of property inclusive).
(2) Where the Court has made an order for attachment (2) Where the Court has made an order for attachment or
or forfeiture of any property under sub-section (1), and forfeiture of any property under sub-section (1), and such
such property is suspected to be in a contracting State, property is suspected to be in a contracting State, the Court
the Court may issue a letter of request to a Court or an may issue a letter of request to a Court or an authority in
authority in the contracting State for execution of such the contracting State for execution of such order.
order. (3) Where a letter of request is received by the Central
(3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting
Government from a Court or an authority in a State requesting attachment or forfeiture of the property in
contracting State requesting attachment or forfeiture India, derived or obtained, directly or indirectly, by any
of the property in India, derived or obtained, directly person from the commission of an offence committed in
or indirectly, by any person from the commission of that contracting State, the Central Government may
an offence committed in that contracting State, the forward such letter of request to the Court, as it thinks fit,
 Central Government may forward such letter of for execution in accordance with the provisions of sections
request to the Court, as it thinks fit, for execution in 105D to 105J (both inclusive) or, as the case may be, any
accordance with the provisions of sections 116 to 122 other law for the time being in force.
(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 105D. (1) The Court shall, under sub-section (1), or on receipt of
Identifying receipt of a letter of request under sub-section (3) of Identifying a letter of request under sub-section (3) of section 105C,
unlawfully section 115, direct any police officer not below the unlawfully direct any police officer not below the rank of Sub-
acquired rank of Sub-Inspector of Police to take all steps acquired Inspector of Police to take all steps necessary for tracing
property necessary for tracing and identifying such property. property and identifying such property.
(2) The steps referred to in sub-section (1) may include (2) The steps referred to in sub-section (1) may include any
any inquiry, investigation or survey in respect of any inquiry, investigation or survey in respect of any person,
person, place, property, assets, documents, books of place, property, assets, documents, books of account in any
account in any bank or public financial institutions or bank or public financial institutions or any other relevant
any other relevant matters. matters.
(3) Any inquiry, investigation or survey referred to in (3) Any inquiry, investigation or survey referred to in sub-
sub-section (2) shall be carried out by an officer section (2) shall be carried out by an officer mentioned in
mentioned in sub-section (1) in accordance with such sub-section (1) in accordance with such directions issued
directions issued by the said Court in this behalf. by the said Court in this behalf.
117. Seizure (1) Where any officer conducting an inquiry or 105E. (1) Where any officer conducting an inquiry or
or attachment investigation under section 116 has a reason to believe Seizure or investigation under section 105D has a reason to believe
of property that any property in relation to which such inquiry or attachment that any property in relation to which such inquiry or
investigation is being conducted is likely to be of property investigation is being conducted is likely to be concealed
concealed, transferred or dealt with in any manner transferred or dealt with in any manner which will result in
which will result in disposal of such property, he may disposal of such property, he may make an order for seizing
make an order for seizing such property and where it such property and where it is not practicable to seize such
is not practicable to seize such property, he may make property, he may make an order of attachment directing
an order of attachment that such property shall not be transferred or otherwise
directing that such property shall not be transferred or dealt with, except with the prior permission of the officer
otherwise dealt with, except with the prior permission making such order, and a copy of such order shall be served
on the person concerned.
 of the officer making such order, and a copy of such (2) Any order made under sub-section (1) shall have no
order shall be served on the person concerned. effect unless the said order is confirmed by an order of the
(2) Any order made under sub-section (1) shall have said Court, within a period of thirty days of its being made.
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 105F. (1) The Court may appoint the District Magistrate of the
Management the area where the property is situated, or any other Managemen area where the property is situated, or any other officer that
of properties officer that may be nominated by the District t of may be nominated by the District Magistrate, to perform
seized or Magistrate, to perform the functions of an properties the functions of an Administrator of such property.
forfeited Administrator of such property. seized or (2) The Administrator appointed under sub-section (1)
under this (2) The Administrator appointed under sub-section (1) forfeited shall receive and manage the property in relation to which
Chapter shall receive and manage the property in relation to under this the order has been made under sub-section (1) of section
which the order has been made under sub-section (1) Chapter 105E or under section 105H in such manner and subject to
of section 117 or under section 120 in such manner and such conditions as may be specified by the Central
subject to such conditions as may be specified by the Government.
Central Government. (3) The Administrator shall also take such measures, as the
(3) The Administrator shall also take such measures, Central Government may direct, to dispose of the property
as the Central Government may direct, to dispose of which is forfeited to the Central Government.
the property which is forfeited to the Central
Government.
119. Notice (1) If as a result of the inquiry, investigation or survey 105G. (1) If as a result of the inquiry, investigation or survey
of forfeiture under section 116, the Court has reason to believe that Notice of under section 105D, the Court has reason to believe that all
of property all or any of such properties are proceeds of crime, it forfeiture of or any of such properties are proceeds of crime, it may
may serve a notice upon such person (hereinafter property serve a notice upon such person (hereinafter referred to as
referred to as the person affected) calling the person affected) calling upon him within a period of
upon him within a period of thirty days specified in the thirty days specified in the notice to indicate the source of
notice to indicate the source of income, earnings or income, earnings or assets, out of which or by means of
assets, out of which or by means of which he has which he has acquired such property, the evidence on
acquired such property, the evidence on which he which he relies
relies and other relevant information and particulars, and other relevant information and particulars, and to show
cause why all or any of such properties, as the case may
 and to show cause why all or any of such properties, be, should not be declared to be proceeds of crime and
as the case may be, should not be declared to be forfeited to the Central Government.
proceeds of crime and forfeited to the Central (2) Where a notice under sub-section (1) to any person
Government. specifies any property as being held on behalf of such
(2) Where a notice under sub-section (1) to any person person by any other person, a copy of the notice shall also
specifies any property as being held on behalf of such be served upon such other person.
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, 105H. (1) The Court may, after considering the explanation, if
Forfeiture of if any, to the show-cause notice issued under section Forfeiture any, to the show-cause notice issued under section 105G
property in 119 and the material available before it and after of property and the material available before it and after giving to the
certain cases giving to the person affected (and in a case where the in certain person affected (and in a case where the person affected
person affected holds any property specified in the cases holds any property specified in the notice through any
notice through any other person, to such other person other person, to such other person also) a reasonable
also) a reasonable opportunity of being heard, by opportunity of being heard, by order, record a finding
order, record a finding whether all or any of the whether all or any of the properties in question are
properties in question are proceeds of crime: proceeds of crime:
Provided that if the person affected (and in a case Provided that if the person affected (and in a case where
where the person affected holds any property specified the person affected holds any property specified in the
in the notice through any other person such other notice through any other person such other person also)
person also) does not appear before the Court or does not appear before the Court or represent his case
represent his case before it within a period of thirty before it within a period of thirty days specified in the
days specified in the show-cause notice, the Court may show-cause notice, the Court may proceed to record a
proceed to record a finding under this sub-section ex finding under this sub-section ex parte on the basis of
parte on the basis of evidence available before it. evidence available before it.
(2) Where the Court is satisfied that some of the (2) Where the Court is satisfied that some of the properties
properties referred to in the show-cause notice are referred to in the show-cause notice are proceeds of crime
proceeds of crime but it is not possible to identify but it is not possible to identify specifically such
specifically such properties, then, it shall be lawful for properties, then, it shall be lawful for the Court to specify
the Court to specify the properties which, to the the properties which, to the best of its judgment, are
best of its judgment, are proceeds of crime and record proceeds of crime and record a finding accordingly under
a finding accordingly under sub-section (1). sub-section (1).
 (3) Where the Court records a finding under this (3) Where the Court records a finding under this section to
section to the effect that any property is proceeds of the effect that any property is proceeds of crime, such
crime, such property shall stand forfeited to the property shall stand forfeited to the Central Government
Central Government free from all encumbrances. free from all encumbrances.
(4) Where any shares in a company stand forfeited to (4) Where any shares in a company stand forfeited to the
the Central Government under this section, then, the Central Government under this section, then, the company
company shall, notwithstanding anything contained in shall, notwithstanding anything contained in the
the Companies Act, 2013 or the Articles of Companies Act, 1956 (1 of 1956) or the articles of
Association of the company, forthwith register the association of the company, forthwith register the Central
Central Government as the transferee of such shares. Government as the transferee of such shares.
121. Fine in (1) Where the Court makes a declaration that any 105I. Fine (1) Where the Court makes a declaration that any property
lieu of property stands forfeited to the Central Government in lieu of stands forfeited to the Central Government under section
forfeiture under section 120 and it is a case where the source of forfeiture 105H and it is a case where the source of only a part of
only a part of such property has not been proved to the such property has not been proved to the satisfaction of the
satisfaction of the Court, it shall make an order giving Court, it shall make an order giving an option to the person
an option to the person affected to pay, in lieu of affected to pay, in lieu of forfeiture, a fine equal to the
forfeiture, a fine equal to the market value of such part. market value of such part.
(2) Before making an order imposing a fine under sub- (2) Before making an order imposing a fine under sub-
section (1), the person affected shall be given a section (1), the person affected shall be given a reasonable
reasonable opportunity of being heard. opportunity of being heard.
(3) Where the person affected pays the fine due under (3) Where the person affected pays the fine due under sub-
sub-section (1), within such time as may be allowed in section (1), within such time as may be allowed in that
that behalf, the Court may, by order, revoke the behalf, the Court may, by order, revoke the declaration of
declaration of forfeiture under section 120 and forfeiture under section 105H and thereupon such property
thereupon such property shall stand released. shall stand released.
122. Certain Where after the making of an order under sub-section 105J. Where after the making of an order under subsection (1) of
transfers to (1) of section 117 or the issue of a notice under section Certain section 105E or the issue of a notice under section 105G,
be null and 119, any property referred to in the said order or notice transfers to any property referred to in the said order or notice is
void is transferred by any mode whatsoever such transfers be null and transferred by any mode whatsoever such transfers shall,
shall, for the purposes of the proceedings under this void for the purposes of the proceedings under this Chapter, be
Chapter, be ignored and if such property is ignored and if such property is subsequently forfeited to
subsequently forfeited to the Central Government the Central Government under section 105H, then, the
 under section 120, then, the transfer of such property transfer of such property shall be deemed to be null and
shall be deemed to be null and void. void.
123. Every letter of request, summons or warrant, received 105K. Every letter of request, summons or warrant, received by
Procedure in by the Central Government from, and every letter of Procedure the Central Government from, and every letter of request,
respect of request, summons or warrant, to be transmitted to a in respect of summons or warrant, to be transmitted to a contracting
letter of contracting State under this Chapter shall be letter of State under this Chapter shall be transmitted to a
request transmitted to a contracting State or, as the case may request contracting State or, as the case may be, sent to the
be, sent to the concerned Court in India in such form concerned Court in India in such form and in such manner
and in such manner as the Central Government may, as the Central Government may, by notification, specify in
by notification, specify in this behalf. this behalf.
124. The Central Government may, by notification in the 105L. The Central Government may, by notification in the
Application Official Gazette, direct that the application of this Application Official Gazette, direct that the application of this Chapter
of this Chapter in relation to a contracting State with which of this in relation to a contracting State with which reciprocal
Chapter reciprocal arrangements have been made, shall be Chapter arrangements have been made, shall be subject to such
subject to such conditions, exceptions or qualifications conditions, exceptions or qualifications as are specified in
as are specified in the said notification. the said notification.
125. Security (1) When a Court of Session or Court of a Magistrate 106. (1) When a Court of Session or Court of a Magistrate of
for keeping of the first class convicts a person of any of the Security for the first class convicts a person of any of the offences
peace on offences specified in sub-section (2) or of abetting any keeping specified in sub-section (2) or of abetting any such offence
conviction such offence and is of opinion that it is necessary to peace on and is of opinion that it is necessary to take security from
take security from such person for keeping the conviction such person for keeping the peace, the Court may, at the
peace, the Court may, at the time of passing sentence time of passing sentence on such person, order him to
on such person, order him to execute a bond or bail execute a bond, with or without sureties, for keeping the
bond, for keeping the peace for such period, not peace for such period, not exceeding three years, as it
exceeding three years, as it thinks fit. thinks fit.
(2) The offences referred to in sub-section (1) are— (2) The offences referred to in sub-section (1) are—
(a) any offence punishable under Chapter XI of the (a) any offence punishable under Chapter VIII of the
Bharatiya Nyaya Sanhita, 2023, other than an offence Indian Penal Code (45 of 1860), other than an offence
punishable under sub-section (1) of section 193 or punishable under section 153A or section 153B or section
section 196 or section 197 thereof; 154 thereof;
(b) any offence which consists of, or includes, assault (b) any offence which consists of, or includes, assault or
or using criminal force or committing mischief; using criminal force or committing mischief;
 (c) any offence of criminal intimidation; (c) any offence of criminal intimidation;
(d) any other offence which caused, or was intended (d) any other offence which caused, or was intended or
or known to be likely to cause, a breach of the peace. known to be likely to cause, a breach of the peace.
(3) If the conviction is set aside on appeal or (3) If the conviction is set aside on appeal or otherwise, the
otherwise, the bond or bail bond so executed shall bond so executed shall become void.
become void. (4) An order under this section may also be made by an
(4) An order under this section may also be made by Appellate Court or by a Court when exercising its
an Appellate Court or by a Court when exercising its powers of revision.
powers of revision.
126. Security (1) When an Executive Magistrate receives 107. 1) When an Executive Magistrate receives information
for keeping information that any person is likely to commit a Security for that any person is likely to commit a breach of the peace or
peace in breach of the peace or disturb the public tranquillity or keeping disturb the public tranquillity or to do any wrongful act that
other cases to do any wrongful act that may probably occasion a peace in may probably occasion a breach of the peace or disturb the
breach of the peace or disturb the public tranquillity other cases public tranquillity and is of opinion that there is sufficient
and is of opinion that there is sufficient ground for ground for proceeding, he may, in the manner hereinafter
proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should
provided, require such person to show cause why he not be ordered to execute a bond [with or without sureties,]
should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one
for keeping the peace for such period, not exceeding year, as the Magistrate thinks fit.
one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any
(2) Proceedings under this section may be taken before Executive Magistrate when either the place where
any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is
the breach of the peace or disturbance is apprehended within his local jurisdiction or there is within such
is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of
jurisdiction a person who is likely to commit a breach the peace or disturb the public tranquillity or to do any
of the peace or disturb the public tranquillity or to do wrongful act as aforesaid beyond such jurisdiction.
any wrongful act as aforesaid
beyond such jurisdiction.
127. Security (1) When an Executive Magistrate receives 108. (1) When [an Executive Magistrate] receives information
for good information that there is within his local jurisdiction Security for that there is within his local jurisdiction any person who,
behaviour any person who, within or without such jurisdiction,— good within or without such jurisdiction,—
from persons behaviour
disseminating (i) either orally or in writing or in any other manner, from (i) either orally or in writing or in any other manner,
certain intentionally disseminates or attempts to disseminate persons intentionally disseminates or attempts to disseminate or
matters or abets the dissemination of,— disseminati abets the dissemination of,—
(a) any matter the publication of which is punishable ng seditious (a) any matter the publication of which is punishable under
under section 152 or section 196 or section 197 or matters section 124A or section 153A or section 153B or section
section 299 of the Bharatiya Nyaya Sanhita, 2023; or 295A of the Indian Penal Code (45 of 1860), or
(b) any matter concerning a Judge acting or purporting (b) any matter concerning a Judge acting or purporting to
to act in the discharge of his official duties which act in the discharge of his official duties which amounts to
amounts to criminal intimidation or defamation under criminal intimidation or defamation under the Indian Penal
the Bharatiya Nyaya Sanhita, 2023; Code (45 of 1860),
(ii) makes, produces, publishes or keeps for sale, (ii) makes, produces, publishes or keeps for sale, imports,
imports, exports, conveys, sells, lets to hire, exports, conveys, sells, lets to hire, distributes, publicly
distributes, publicly exhibits or in any other manner exhibits or in any other manner puts into circulation any
puts into circulation any obscene matter such as is obscene matter such as is referred to in section 292 of the
referred to in section 294 of the Bharatiya Nyaya Indian Penal Code (45 of 1860), and the Magistrate is of
Sanhita, 2023, opinion that there is sufficient ground for proceeding, the
and the Magistrate is of opinion that there is sufficient Magistrate may, in the manner hereinafter provided,
ground for proceeding, the Magistrate require such person to show cause why he should not be
may, in the manner hereinafter provided, require such ordered to execute a bond, with or without sureties, for his
person to show cause why he should not be ordered to good behaviour for such period, not exceeding one year, as
execute a bond or bail bond, for his good behaviour the Magistrate thinks fit.
for such period, not exceeding one year, as the (2) No proceedings shall be taken under this section against
Magistrate thinks fit. the editor, proprietor, printer or publisher of any
(2) No proceedings shall be taken under this section publication registered under, and edited, printed and
against the editor, proprietor, printer or publisher of published in conformity with, the rules laid down in the
any publication registered under, and edited, printed Press and Registration of Books Act, 1867 (25 of 1867),
and published in conformity with, the rules laid down with reference to any matter contained in such publication
in the Press and Registration of Books Act, 1867 with except by the order or under the authority of the State
reference to any matter contained in such publication Government or some officer empowered by the State
except by the order or under the authority of the State Government in this behalf.
Government or some officer empowered by the State
Government in this behalf.
128. Security When an Executive Magistrate receives information 109. When [an Executive Magistrate] receives information that
for good that there is within his local jurisdiction a person Security for there is within his local jurisdiction a person taking
behaviour taking precautions to conceal his presence and that good precautions to conceal his presence and that there is reason
from there is reason to believe that he is doing so with a behaviour to believe that he is doing so with a view to committing a
suspected view to committing a cognizable offence, the from cognizable offence, the Magistrate may, in the manner
persons Magistrate may, in the manner hereinafter provided, suspected hereinafter provided, require such person to show cause
require such person to show cause why he should persons why he should not be ordered to execute a bond, with or
not be ordered to execute a bond or bail bond for his without sureties, for his good behaviour for such period,
good behaviour for such period, not exceeding one not exceeding one year, as the Magistrate thinks fit.
year, as the Magistrate thinks fit.
129. Security When an Executive Magistrate receives information 110. When [an Executive Magistrate] receives information that
for good that there is within his local jurisdiction a person Security for there is within his local jurisdiction a person who—
behaviour who— good (a) is by habit a robber, house-breaker, thief, or forger, or
from habitual (a) is by habit a robber, house-breaker, thief, or forger; behaviour (b) is by habit a receiver of stolen property knowing the
offenders or from same to have been stolen, or
(b) is by habit a receiver of stolen property knowing habitual (c) habitually protects or harbours thieves, or aids in the
the same to have been stolen; or offenders concealment or disposal of stolen property, or
(c) habitually protects or harbours thieves, or aids in (d) habitually commits, or attempts to commit, or abets the
the concealment or disposal of stolen property; or commission of, the offence of kidnapping, abduction,
(d) habitually commits, or attempts to commit, or extortion, cheating or mischief, or any offence punishable
abets the commission of, the offence of kidnapping, under Chapter XII of the Indian Penal Code (45 of 1860),
abduction, extortion, cheating or mischief, or any or under section 489A, section 489B, section 489C or
offence punishable under Chapter X of the Bharatiya section 489D of that Code, or
Nyaya Sanhita, 2023, or under section 178, section (e) habitually commits, or attempts to commit, or abets the
179, section 180 or section 181 of that Sanhita; or commission of, offences, involving a breach of the peace,
(e) habitually commits, or attempts to commit, or abets or
the commission of, offences, involving a breach of the (f) habitually commits, or attempts to commit, or abets the
peace; or commission of—
(f) habitually commits, or attempts to commit, or abets (i) any offence under one or more of the following Acts,
the commission of— namely:—
(i) any offence under one or more of the following (a) the Drugs and Cosmetics Act, 1940 (23 of 1940);
Acts, namely:—
 (a) the Drugs and Cosmetics Act, 1940; [(b) the Foreign Exchange Regulation Act, 1973 (46 of
(b) the Foreigners Act, 1946; 1973);]
(c) the Employees' Provident Fund and Miscellaneous (c) the Employees’ Provident Fund [and Family Pension
Provisions Act, 1952; Fund] Act, 1952 (19 of 1952);
(d) the Essential Commodities Act, 1955; (d) the Prevention of Food Adulteration Act, 1954 (37 of
(e) the Protection of Civil Rights Act, 1955; 1954);
(f) the Customs Act, 1962; (e) the Essential Commodities Act, 1955 (10 of 1955);
(g) the Food Safety and Standards Act, 2006; or (f) the Untouchability (Offences) Act, 1955 (22 of 1955);
(ii) any offence punishable under any other law (g) the Customs Act, 1962 (52 of 1962); 3***
providing for the prevention of hoarding or [(h) the Foreigners Act, 1946 (31 of 1946); or]
profiteering or of adulteration of food or drugs or of (ii) any offence punishable under any other law providing
corruption; or for the prevention of hoarding or
(g) is so desperate and dangerous as to render his being profiteering or of adulteration of food or drugs or of
at large without security hazardous to the community, corruption, or
such Magistrate may, in the manner hereinafter (g) is so desperate and dangerous to render his being at
provided, require such person to show cause why he large without security hazardous to the community, such
should not be ordered to execute a bail bond, for his Magistrate may, in the manner hereinafter provided,
good behaviour for such period, not exceeding three require such person to show cause why he should not be
years, as the Magistrate thinks fit. ordered to execute a bond, with sureties, for his good
behaviour for such period, not exceeding three years, as the
Magistrate thinks fit.
130. Order to When a Magistrate acting under section 126, section 111. Order When a Magistrate acting under section 107, section 108,
be made 127, section 128 or section 129, deems it necessary to to be made section 109 or section 110, deems it necessary to require
require any person to show cause under such section, any person to show cause under such section, he shall make
he shall make an order in writing, setting forth the an order in writing, setting forth the substance of the
substance of the information received, the amount of information received, the amount of the bond to be
the bond to be executed, the term for which it is to be executed, the term for which it is to be in force, and the
in force and the number of sureties, after considering number, character and class of sureties (if any) required.
the sufficiency and fitness of sureties.
131. If the person in respect of whom such order is made is 112. If the person in respect of whom such order is made is
Procedure in present in Court, it shall be read over to him, or, if he Procedure present in Court, it shall be read over to him, or, if he so
respect of in respect of desires, the substance thereof shall be explained to him.
person so desires, the substance thereof shall be explained to person
present in him. present in
Court Court
132. If such person is not present in Court, the Magistrate 113. If such person is not present in Court, the Magistrate shall
Summons or shall issue a summons requiring him to appear, or, Summons issue a summons requiring him to appear, or, when such
warrant in when such person is in custody, a warrant directing the or warrant person is in custody, a warrant directing the officer in
case of officer in whose custody he is to bring him before the in case of whose custody he is to bring him before the Court:
person not so Court: person Provided that whenever it appears to such Magistrate, upon
present Provided that whenever it appears to such Magistrate, not so the report of a police officer or upon other information (the
upon the report of a police officer or upon other present substance of which report or information shall be recorded
information (the substance of which report or by the Magistrate), that there is reason to fear the
information shall be recorded by the Magistrate), that commission of a breach of the peace, and that such breach
there is reason to fear the commission of a breach of of the peace cannot be prevented otherwise than by the
the peace, and that such breach of the peace cannot be immediate arrest of such person, the Magistrate may at any
prevented otherwise than by the immediate arrest of time issue a warrant for his arrest.
such person, the Magistrate may at any time issue a
warrant for his
arrest.
133. Copy of Every summons or warrant issued under section 132 114. Copy Every summons or warrant issued under section 113 shall
order to shall be accompanied by a copy of the order made of order to be accompanied by a copy of the order made under section
accompany under section 130, and such copy shall be delivered by accompany 111, and such copy shall be delivered by the officer serving
summons or the officer serving or executing such summons or summons or or executing such summons or warrant to the person served
warrant warrant to the person served with, or arrested under, warrant with, or arrested under, the same.
the same.
134. Power The Magistrate may, if he sees sufficient cause, 115. Power The Magistrate may, if he sees sufficient cause, dispense
to dispense dispense with the personal attendance of any person to dispense with the personal attendance of any person called upon to
with personal called upon to show cause why he should not be with show cause why he should not be ordered to execute a
attendance ordered to execute a bond for keeping the peace or for personal bond for keeping the peace or for good behaviour and may
good behaviour and may permit him to appear attendance permit him to appear by a pleader.
by an advocate.
135. Inquiry (1) When an order under section 130 has been read or 116. Inquiry (1) When an order under section 111 has been read or
as to truth of explained under section 131 to a person present in as to truth explained under section 112 to a person present in Court,
information Court, or when any person appears or is brought of or when any person appears or is brought before a
before a Magistrate in compliance with, or in information Magistrate in compliance with, or in execution of, a
execution of, a summons or warrant, issued under summons or warrant, issued under section 113, the
section 132, the Magistrate shall proceed to inquire Magistrate shall proceed to inquire into the truth of the
into the truth of the information upon which action has information upon which action has been taken, and to take
been taken, and to take such further evidence as may such further evidence as may appear necessary.
appear necessary. (2) Such inquiry shall be made, as nearly as may be
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for
practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
conducting trial and recording evidence in summons- (3) After the commencement, and before the completion,
cases. of the inquiry under sub-section (1), the Magistrate,
(3) After the commencement, and before the if he considers that immediate measures are necessary for
completion, of the inquiry under sub-section (1), the the prevention of a breach of the peace or disturbance
Magistrate, if he considers that immediate measures of the public tranquillity or the commission of any offence
are necessary for the prevention of a breach of the or for the public safety, may, for reasons to be recorded in
peace or disturbance of the public tranquillity or the writing, direct the person in respect of whom the order
commission of any offence or for the public safety, under section 111 has been made to execute a bond, with
may, for reasons to be recorded in writing, direct the or without sureties, for keeping the peace or maintaining
person in respect of whom the order under section 130 good behaviour until the conclusion of the inquiry, and
has been made to execute a bond or bail bond, for may detain him in custody until such bond is executed or,
keeping the peace or maintaining good behaviour until in default of execution, until the inquiry is concluded:
the conclusion of the inquiry, and may detain him in Provided that—
custody until such bond or bail bond is executed or, in (a) no person against whom proceedings are not being
default of execution, until the inquiry is concluded: taken under section 108, section 109, or section 110 shall
Provided that— be directed to execute a bond for maintaining good
(a) no person against whom proceedings are not being behaviour;
taken under section 127, section 128, or section 129 (b) the conditions of such bond, whether as to the amount
shall be directed to execute a bond or bail bond for thereof or as to the provision of sureties or the number
maintaining good behaviour; thereof or the pecuniary extent of their liability, shall not
(b) the conditions of such bond, whether as to the be more onerous than those specified in the order under
amount thereof or as to the provision of sureties or the section 111.
number thereof or the pecuniary extent of their
 liability, shall not be more onerous than those (4) For the purposes of this section the fact that a person is
specified in the order under section 130. an habitual offender or is so desperate and dangerous as to
(4) For the purposes of this section the fact that a render his being at large without security hazardous to the
person is a habitual offender or is so desperate and community may be proved by evidence of general
dangerous as to render his being at large without repute or otherwise.
security hazardous to the community may be proved (5) Where two or more persons have been associated
by evidence of general repute or otherwise. together in the matter under inquiry, they may be dealt
(5) Where two or more persons have been associated within the same or separate inquiries as the Magistrate
together in the matter under inquiry, they may be dealt shall think just.
with in the same or separate inquiries as the Magistrate (6) The inquiry under this section shall be completed
shall think just. within a period of six months from the date of its
(6) The inquiry under this section shall be completed commencement, and if such inquiry is not so completed,
within a period of six months from the date of its the proceedings under this Chapter shall, on the expiry of
commencement, and if such inquiry is not so the said period, stand terminated unless, for special reasons
completed, the proceedings under this Chapter shall, to be recorded in writing, the Magistrate otherwise directs:
on the expiry of the said period, stand terminated Provided that where any person has been kept in detention
unless, for special reasons to be recorded in writing, pending such inquiry, the proceeding against that person,
the Magistrate otherwise directs: unless terminated earlier, shall stand terminated on the
Provided that where any person has been kept in expiry of a period of six months of such detention.
detention pending such inquiry, the proceeding against (7) Where any direction is made under sub-section (6)
that person, unless terminated earlier, shall stand permitting the continuance of proceedings the Sessions
terminated on the expiry of a period of six months of Judge may, on an application made to him by the aggrieved
such detention. party, vacate such direction if he is satisfied that it was
(7) Where any direction is made under sub-section (6) not based on any special reason or was perverse.
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. Order to If, upon such inquiry, it is proved that it is necessary 117. Order If, upon such inquiry, it is proved that it is necessary for
give security for keeping the peace or maintaining good behaviour, to give keeping the peace or maintaining good behaviour, as the
as the case may be, that the person in respect of whom security case may be, that the person in respect of whom the inquiry
 the inquiry is made should execute a bond or bail is made should execute a bond, with or without sureties,
bond, the Magistrate shall make an order accordingly: the Magistrate shall make an order accordingly:
Provided that— Provided that—
(a) no person shall be ordered to give security of a (a) no person shall be ordered to give security of a nature
nature different from, or of an amount larger than, or different from, or of an amount larger than, or for a period
for a period longer than, that specified in the order longer than, that specified in the order made under section
made under section 130; 111;
(b) the amount of every bond or bail bond shall be (b) the amount of every bond shall be fixed with due regard
fixed with due regard to the circumstances of the case to the circumstances of the case and shall not be excessive;
and shall not be excessive; (c) when the person in respect of whom the inquiry is made
(c) when the person in respect of whom the inquiry is is a minor, the bond shall be executed only by his sureties.
made is a child, the bond shall be executed only by his
sureties.
137. If, on an inquiry under section 135, it is not proved that 118. If, on an inquiry under section 116, it is not proved that it
Discharge of it is necessary for keeping the peace or maintaining Discharge is necessary for keeping the peace or maintaining good
person good behaviour, as the case may be, that the person in of person behaviour, as the case may be, that the person in respect of
informed respect of whom the inquiry is made, should execute a informed whom the inquiry is made, should execute a bond, the
against bond, the Magistrate shall make an entry on the against Magistrate shall make an entry on the record to that effect,
record to that effect, and if such person is in custody and if such person is in custody only for the purposes of
only for the purposes of the inquiry, shall release him, the inquiry, shall release him, or, if such person is not in
or, if such person is not in custody, shall discharge custody, shall discharge him.
him.
138. (1) If any person, in respect of whom an order 119. (1) If any person, in respect of whom an order requiring
Commencem requiring security is made under section 125 or section Commence security is made under section 106 or section 117, is at the
ent of period 136, is at the time such order is made, sentenced to, or ment of time such order is made, sentenced to, or undergoing a
for which undergoing a sentence of, imprisonment, the period period for sentence of, imprisonment, the period for which such
security for which such security is required shall commence on which security is required shall commence on the expiration of
is required the expiration of such sentence. security such sentence.
(2) In other cases such period shall commence on the is required (2) In other cases such period shall commence on the date
date of such order unless the Magistrate, for sufficient of such order unless the Magistrate, for sufficient
reason, fixes a later date. reason, fixes a later date.
139. Contents The bond or bail bond to be executed by any such 120. The bond to be executed by any such person shall bind him
of bond person shall bind him to keep the peace or to be of Contents of to keep the peace or to be of good behaviour, as the case
good behaviour, as the case may be, and in the latter bond may be, and in the latter case the commission or attempt to
case the commission or attempt to commit, or the commit, or the abetment of, any offence punishable with
abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach
imprisonment, wherever it may be committed, is a of the bond.
breach of the bond or bail bond.
140. Power (1) A Magistrate may refuse to accept any surety 121. Power (1) A Magistrate may refuse to accept any surety offered,
to reject offered, or may reject any surety previously accepted to reject or may reject any surety previously accepted by him or his
sureties by him or his predecessor under this Chapter on the sureties predecessor under this Chapter on the ground that such
ground that such surety is an unfit person for the surety is an unfit person for the purposes of the bond:
purposes of the bail bond: Provided that, before so refusing to accept or rejecting any
Provided that before so refusing to accept or rejecting such surety, he shall either himself hold an inquiry on oath
any such surety, he shall either himself hold an inquiry into the fitness of the surety, or cause such inquiry to be
on oath into the fitness of the surety, or cause such held and a report to be made thereon by a Magistrate
inquiry to be held and a report to be made thereon by subordinate to him.
a Magistrate subordinate to him. (2) Such Magistrate shall, before holding the inquiry, give
(2) Such Magistrate shall, before holding the inquiry, reasonable notice to the surety and to the person by whom
give reasonable notice to the surety and to the person the surety was offered and shall, in making the inquiry,
by whom the surety was offered and shall, in making record the substance of the evidence adduced before him.
the inquiry, record the substance of the evidence (3) If the Magistrate is satisfied, after considering the
adduced before him. evidence so adduced either before him or before a
(3) If the Magistrate is satisfied, after considering the Magistrate deputed under sub-section (1), and the report of
evidence so adduced either before him or before a such Magistrate (if any), that the surety is an unfit person
Magistrate deputed under sub-section (1), and the for the purposes of the bond, he shall make an order
report of such Magistrate (if any), that the surety is an refusing to accept or rejecting, as the case may be, such
unfit person for the purposes of the bail bond, he surety and recording his reasons for so doing:
shall make an order refusing to accept or rejecting, as Provided that, before making an order rejecting any surety
the case may be, such surety and recording his reasons who has previously been accepted, the Magistrate shall
for so doing: issue his summons or warrant, as he thinks fit, and cause
Provided that before making an order rejecting any the person for whom the surety is bound to appear or
surety who has previously been accepted, the to be brought before him.
 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 122. (1) (a) If any person ordered to give security under section
Imprisonmen section 125 or section 136 does not give such security Imprisonme 106 or section 117 does not give such security on or before
t in default of on or before the date on which the period for which nt in default the date on which the period for which such security is to
security such security is to be given commences, he shall, of security be given commences, he shall, except in the case next
except in the case next hereinafter mentioned, hereinafter mentioned, be committed to prison, or, if he is
be committed to prison, or, if he is already in prison, already in prison, be detained in prison until such period
be detained in prison until such period expires or until expires or until within such period he gives the security to
within such period he gives the security to the Court the Court or Magistrate who made the order requiring it.
or Magistrate who made the order requiring it; (b) If any person after having executed a [bond, with or
(b) if any person after having executed a bond or bail without sureties] without sureties for keeping the peace
bond for keeping the peace in pursuance of an order of in pursuance of an order of a Magistrate under section 117,
a Magistrate under section 136, is proved, to the is proved, to the satisfaction of such Magistrate or his
satisfaction of such Magistrate or his successor-in- successor-in-office, to have committed breach of the bond,
office, to have committed breach of the bond or bail such Magistrate or successor-in-office may, after
bond, such Magistrate or successor-in-office may, recording the grounds of such proof, order that the person
after recording the grounds of such proof, order that be arrested and detained in prison until the expiry of the
the person be arrested and detained in prison until the period of the bond and such order shall be without
expiry of the period of the bond or bail bond and such prejudice to any other punishment or forfeiture to which
order shall be without prejudice to any other the said person may be liable in accordance with law.
punishment or forfeiture to which the said person may (2) When such person has been ordered by a Magistrate to
be liable in accordance with law. give security for a period exceeding one year, such
(2) When such person has been ordered by a Magistrate shall, if such person does not give such security
Magistrate to give security for a period exceeding one as aforesaid, issue a warrant directing him to be detained
year, such Magistrate shall, if such person does not in prison pending the orders of the Sessions Judge and the
give such security as aforesaid, issue a warrant proceedings shall be laid, as soon as conveniently may be,
directing him to be detained in prison pending the before such Court.
orders of the Sessions Judge and the proceedings shall (3) Such Court, after examining such proceedings and
be laid, as soon as conveniently may be, before requiring from the Magistrate any further information or
such Court.
(3) Such Court, after examining such proceedings and evidence which it thinks necessary, and after giving the
requiring from the Magistrate any further information concerned person a reasonable opportunity of being heard,
or evidence which it thinks necessary, and after giving may pass such order on the case as it thinks fit:
the concerned person a reasonable opportunity of Provided that the period (if any) for which any person is
being heard, may pass such order on the case as it imprisoned for failure to give security shall not exceed
thinks fit: three years.
Provided that the period (if any) for which any person (4) If security has been required in the course of the same
is imprisoned for failure to give security shall not proceeding from two or more persons in respect of any one
exceed three years. of whom the proceedings are referred to the Sessions Judge
(4) If security has been required in the course of the under sub-section (2) such reference shall also include the
same proceeding from two or more persons in respect case of any other of such persons who has been order to
of any one of whom the proceedings are referred to the give security, and the provisions of sub-sections (2) and (3)
Sessions Judge under sub-section (2) such reference shall, in that event, apply to the case of such other person
shall also include the case of any other of such persons also, except that the period (if any) for which he may be
who has been ordered to give security, and the imprisoned, shall not exceed the period for which he was
provisions of sub-sections (2) ordered to give security.
and (3) shall, in that event, apply to the case of such (5) A Sessions Judge may in his discretion transfer any
other person also, except that the period (if any) for proceedings laid before him under sub-section (2) or
which he may be imprisoned, shall not exceed the sub-section (4) to an Additional Sessions Judge or
period for which he was ordered to give security. Assistant Sessions Judge and upon such transfer, such
(5) A Sessions Judge may in his discretion transfer any Additional Sessions Judge or Assistant Sessions Judge
proceedings laid before him under sub-section (2) or may exercise the powers of a Sessions Judge under this
sub-section (4) to an Additional Sessions Judge and section in respect of such proceedings.
upon such transfer, such Additional Sessions Judge (6) If the security is tendered to the officer in charge of the
may exercise the powers of a Sessions Judge under jail, he shall forthwith refer the matter to the Court or
this section in respect of such proceedings. Magistrate who made the order, and shall await the orders
(6) If the security is tendered to the officer in charge of such Court or Magistrate.
of the jail, he shall forthwith refer the matter to the (7) Imprisonment for failure to give security for keeping
Court or Magistrate who made the order, and shall the peace shall be simple.
await the orders of such Court or Magistrate. (8) Imprisonment for failure to give security for good
(7) Imprisonment for failure to give security for behaviour shall, where the proceedings have been taken
keeping the peace shall be simple.
 (8) Imprisonment for failure to give security for good under section 108, be simple, and, where the proceedings
behaviour shall, where the proceedings have been have been taken under section 109 or section 110, be
taken under section 127, be simple, and, where the rigorous or simple as the Court or Magistrate in each case
proceedings have been taken under section 128 or directs.
section 129, be rigorous or simple as the Court or
Magistrate in each case directs.
142. Power (1) Whenever the District Magistrate in the case of an 123. Power (1) Whenever [the District Magistrate in the case of an
to release order passed by an Executive Magistrate under section to release order passed by an Executive Magistrate under section
persons 136, or the Chief Judicial Magistrate in any other case persons 117, or the Chief Judicial Magistrate in any other case] is
imprisoned is of opinion that any person imprisoned for failing to imprisoned of opinion that any person imprisoned for failing to give
for failing to give security under this Chapter may be released for failing security under this Chapter may be released without hazard
give security without hazard to the community or to any other to give to the community or to any other person, he may order such
person, he may order such person to be discharged. security person to be discharged.
(2) Whenever any person has been imprisoned for (2) Whenever any person has been imprisoned for failing
failing to give security under this Chapter, the High to give security under this Chapter, the High Court or
Court or Court of Session, or, where the order was Court of Session, or, where the order was made by any
made by any other Court, District Magistrate, in the other Court, [District Magistrate, in the case of an order
case of an order passed by an Executive Magistrate passed by an Executive Magistrate under section 117, or
under section 136, or the Chief Judicial Magistrate in the Chief Judicial Magistrate in any other case], may make
any other case, may make an order reducing the an order reducing the amount of the security or the number
amount of the security or the number of sureties or the of sureties or the time for which security has been
time for which security has been required. required.
(3) An order under sub-section (1) may direct the (3) An order under sub-section (1) may direct the discharge
discharge of such person either without conditions or of such person either without conditions or upon any
upon any conditions which such person accepts: conditions which such person accepts:
Provided that any condition imposed shall cease to be Provided that any condition imposed shall cease to be
operative when the period for which such person was operative when the period for which such person was
ordered to give security has expired. ordered to give security has expired.
(4) The State Government may prescribe, by rules, the (4) The State Government may prescribe the conditions
conditions upon which a conditional discharge may be upon which a conditional discharge may be made.
made. (5) If any condition upon which any person has been
discharged is, in the opinion of [District Magistrate, in the
(5) If any condition upon which any person has been case of an order passed by an Executive Magistrate under
discharged is, in the opinion of District Magistrate, in section 117, or the Chief Judicial Magistrate in any other
the case of an order passed by an Executive Magistrate case] by whom the order of discharge was made or of his
under section 136, or the Chief Judicial Magistrate in successor, not fulfilled, he may cancel the same.
any other case by whom the order of discharge was (6) When a conditional order of discharge has been
made or of his successor, not fulfilled, he may cancel cancelled under sub-section (5), such person may be
the same. arrested by any police officer without warrant, and shall
(6) When a conditional order of discharge has been thereupon be produced before the [District Magistrate, in
cancelled under sub-section (5), such person may be the case of an order passed by an Executive Magistrate
arrested by any police officer without warrant, and under section 117, or the Chief Judicial Magistrate in any
shall thereupon be produced before the District other case].
Magistrate, in the case of an order passed by an (7) Unless such person gives security in accordance with
Executive Magistrate under section 136, or the Chief the terms of the original order for the unexpired portion of
Judicial Magistrate in any other case. the term for which he was in the first instance committed
(7) Unless such person gives security in accordance or ordered to be detained (such portion being deemed to be
with the terms of the original order for the unexpired a period equal to the period between the date of the breach
portion of the term for which he was in the first of the conditions of discharge and the date on which,
instance committed or ordered to be detained (such except for such conditional discharge, he would have been
portion being deemed to be a period equal to the period entitled to release), [District Magistrate, in the case of an
between the date of the breach of the conditions of order passed by an Executive Magistrate under section
discharge and the date on which, except for such 117, or the Chief Judicial Magistrate in any other case] may
conditional discharge, he would have been entitled to remand such person to prison to undergo such unexpired
release), District Magistrate, in the case of an order portion.
passed by an Executive Magistrate under section 136, (8) A person remanded to prison under sub-section (7)
or the Chief Judicial Magistrate in any other case may shall, subject to the provisions of section 122, be released
remand such person to prison to undergo such at any time on giving security in accordance with the terms
unexpired portion. of the original order for the unexpired portion aforesaid to
(8) A person remanded to prison under sub-section (7) the Court or Magistrate by whom such order was made, or
shall, subject to the provisions of section 141, be to its or his successor.
released at any time on giving security in accordance (9) The High Court or Court of Session may at any time,
with the terms of the original order for the unexpired for sufficient reasons to be recorded in writing, cancel
 portion aforesaid to the Court or Magistrate by whom any bond for keeping the peace or for good behaviour
such order was made, or to its or his successor. executed under this Chapter by any order made by it, and
(9) The High Court or Court of Session may at any [District Magistrate, in the case of an order passed by an
time, for sufficient reasons to be recorded in writing, Executive Magistrate under section 117, or the Chief
cancel any bond for keeping the peace or for good Judicial Magistrate in any other case] may make such
behaviour executed under this Chapter by any order cancellation where such bond was executed under his order
made by it, and District Magistrate, in the case of an or under the order of any other Court in his district.
order passed by an Executive Magistrate under section (10) Any surety for the peaceable conduct or good
136, or the Chief Judicial Magistrate in any other case behaviour of another person ordered to execute a bond
may make such cancellation where such bond was under this Chapter may at any time apply to the Court
executed under his order or under the order of any making such order to cancel the bond and on such
other Court in his district. application being made, the Court shall issue a summons
(10) Any surety for the peaceable conduct or good or warrant, as it thinks fit, requiring the person for whom
behaviour of another person ordered to execute a bond such surety is bond appear or to be brought before it.
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. Security (1) When a person for whose appearance a summons 124. (1) When a person for whose appearance a summons or
for unexpired or warrant has been issued under the proviso to sub- Security for warrant has been issued under the proviso to sub-section
period of section (3) of section 140 or under sub-section (10) of unexpired (3) of section 121 or under sub-section (10) of section 123,
bond. section 142, appears or is brought before the period of appears or is brought before the Magistrate or Court, the
Magistrate or Court, the Magistrate or Court shall bond Magistrate or Court shall cancel the bond executed by such
cancel the bond or bail bond executed by such person person and shall order such person to give, for the
and shall order such person to give, for the unexpired unexpired portion of the term of such bond, fresh security
portion of the term of such bond, fresh security of the of the same description as the original security.
same description as the original security. (2) Every such order shall, for the purposes of sections 120
(2) Every such order shall, for the purposes of sections to 123 (both inclusive) be deemed to be an order made
139 to 142 (both inclusive) be deemed to be an order under section 106 or section 117, as the case may be.
 made under section 125 or section 136, as the case
may be.
144. Order (1) If any person having sufficient means neglects or 125. Order (1) If any person having sufficient means neglects or
for refuses to maintain— for refuses to maintain—
maintenance (a) his wife, unable to maintain herself; or maintenanc (a) his wife, unable to maintain herself, or
of wives, (b) his legitimate or illegitimate child, whether e (b) his legitimate or illegitimate minor child, whether
children and married or not, unable to maintain itself; or of wives, married or not, unable to maintain itself, or
parents (c) his legitimate or illegitimate child (not being a children and (c) his legitimate or illegitimate child (not being a married
married daughter) who has attained majority, where parents daughter) who has attained majority, where such child is,
such child is, by reason of any physical or mental by reason of any physical or mental abnormality or injury
abnormality or injury unable to maintain itself; or unable to maintain itself, or
(d) his father or mother, unable to maintain himself or (d) his father or mother, unable to maintain himself or
herself, a Magistrate of the first class may, upon proof herself, a Magistrate of the first class may, upon proof of
of such neglect or refusal, order such person to make such neglect or refusal, order such person to make a
a monthly allowance for the maintenance of his wife monthly allowance for the maintenance of his wife or such
or such child, father or mother, at such monthly rate as child, father or mother, at such monthly rate as such
such Magistrate thinks fit and to pay the same to such Magistrate thinks fit and to pay the same to such person as
person as the Magistrate may from time to time direct: the Magistrate may from time to time direct:
Provided that the Magistrate may order the father of a Provided that the Magistrate may order the father of a
female child referred to in clause (b) to make such minor female child referred to in clause (b) to make such
allowance, until she attains her majority, if the allowance, until she attains her majority, if the Magistrate
Magistrate is satisfied that the husband of such female is satisfied that the husband of such minor female child, if
child, if married, is not possessed of sufficient means: married, is not possessed of sufficient means:
Provided further that the Magistrate may, during the [Provided further that the Magistrate may, during the
pendency of the proceeding regarding monthly pendency of the proceeding regarding monthly allowance
allowance for the maintenance under this sub-section, for the maintenance under this sub-section, order such
order such person to make a monthly allowance for the person to make a monthly allowance for the interim
interim maintenance of his wife or such child, father maintenance of his wife or such child, father or mother, and
or mother, and the expenses of such proceeding which the expenses of such proceeding which the Magistrate
the Magistrate considers reasonable, and to pay the considers reasonable, and to pay the same to such person
same to such person as the Magistrate may from time as the Magistrate may from time to time direct:
to time direct:
Provided also that an application for the monthly Provided also that an application for the monthly
allowance for the interim maintenance and expenses allowance for the interim maintenance and expenses of
of proceeding under the second proviso shall, as far as proceeding under the second proviso shall, as far as
possible, be disposed of within sixty days from the possible, be disposed of within sixty days from the date of
date of the service of notice of the application to such the
person. service of notice of the application to such person.]
Explanation.—For the purposes of this Chapter, Explanation.—For the purposes of this Chapter,—
"wife" includes a woman who has been divorced by, (a) “minor” means a person who, under the provisions of
or has obtained a divorce from, her husband and has the Indian Majority Act, 1875 (9 of 1875) is deemed not to
not remarried. have attained his majority;
(2) Any such allowance for the maintenance or interim (b) “wife” includes a woman who has been divorced by, or
maintenance and expenses of proceeding shall be has obtained a divorce from, her husband and
payable from the date of the order, or, if so ordered, has not remarried.
from the date of the application for maintenance or [(2) Any such allowance for the maintenance or interim
interim maintenance and expenses of proceeding, as maintenance and expenses of proceeding shall be
the case may be. payable from the date of the order, or, if so ordered, from
(3) If any person so ordered fails without sufficient the date of the application for maintenance or interim
cause to comply with the order, any such Magistrate maintenance and expenses of proceeding, as the case may
may, for every breach of the order, issue a warrant for be.]
levying the amount due in the manner provided for (3) If any person so ordered fails without sufficient cause
levying fines, and may sentence such person, for to comply with the order, any such Magistrate may, for
the whole or any part of each month's allowance for every breach of the order, issue a warrant for levying the
the maintenance or the interim maintenance and amount due in the manner provided for levying fines, and
expenses of proceeding, as the case may be, remaining may sentence such person, for the whole or any part of each
unpaid after the execution of the warrant, to month’s [allowance for the maintenance or the interim
imprisonment for a term which may extend to one maintenance and expenses of proceeding, as the case may
month or until payment if sooner made: be,] remaining unpaid after the execution of the warrant,
Provided that no warrant shall be issued for the to imprisonment for a term which may extend to one month
recovery of any amount due under this section unless or until payment if sooner made:
application be made to the Court to levy such amount Provided that no warrant shall be issued for the recovery
within a period of one year from the date on which it of any amount due under this section unless application
became due:
 Provided further that if such person offers to maintain be made to the Court to levy such amount within a period
his wife on condition of her living with him, and she of one year from the date on which it became due:
refuses to live with him, such Magistrate may consider Provided further that if such person offers to maintain his
any grounds of refusal stated by her, and may make an wife on condition of her living with him, and she refuses
order under this section notwithstanding such offer, if to live with him, such Magistrate may consider any
he is satisfied that there is just ground for so doing. grounds of refusal stated by her, and may make an order
Explanation.—If a husband has contracted marriage under this section notwithstanding such offer, if he is
with another woman or keeps a mistress, it shall be satisfied that there is just ground for so doing.
considered to be just ground for his wife's refusal to Explanation.—If a husband has contracted marriage with
live with him. another woman or keeps a mistress, it shall be
(4) No wife shall be entitled to receive an allowance considered to be just ground for his wife’s refusal to live
for the maintenance or the interim maintenance and with him.
expenses of proceeding, from her husband under this (4) No wife shall be entitled to receive an [allowance for
section if she is living in adultery, or if, without any the maintenance or the interim maintenance and expenses
sufficient reason, she refuses to live with her husband, of proceeding, as the case may be,] from her husband under
or if they are living separately by mutual consent. this section if she is living in adultery, or if, without any
(5) On proof that any wife in whose favour an order sufficient reason, she refuses to live with her husband, or
has been made under this section is living in adultery, if they are living separately by mutual consent.
or that without sufficient reason she refuses to live (5) On proof that any wife in whose favour an order has
with her husband, or that they are living separately by been made under this section in living in adultery, or that
mutual consent, the Magistrate shall cancel the order. without sufficient reason she refuses to live with her
husband, or that they are living separately by mutual
consent.
145. (1) Proceedings under section 144 may be taken 126. (1) Proceedings under section 125 may be taken against
Procedure against any person in any Procedure any person in any district—
district— (a) where he is, or
(a) where he is; or (b) where he or his wife resides, or
(b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may
(c) where he last resided with his wife, or as the case be, with the mother of the illegitimate child.
may be, with the mother of (2) All evidence in such proceedings shall be taken in the
the illegitimate child; or presence of the person against whom an order for payment
(d) where his father or mother resides of maintenance is proposed to be made, or, when his
 (2) All evidence in such proceedings shall be taken in personal attendance is dispensed with, in the presence of
the presence of the person against whom an order for his pleader, and shall be recorded in the manner prescribed
payment of maintenance is proposed to be made, or, for summons-cases:
when his personal attendance is dispensed with, in the Provided that if the Magistrate is satisfied that the person
presence of his advocate, and shall be recorded in the against whom an order for payment of maintenance is
manner prescribed for summons-cases: proposed to be made is wilfully avoiding service, or
Provided that if the Magistrate is satisfied that the wilfully neglecting to attend the Court, the Magistrate may
person against whom an order for payment of proceed to hear and determine the case ex parte and any
maintenance is proposed to be made is wilfully order so made may be set aside for good cause shown on
avoiding service, or wilfully neglecting to attend the an application made within three months from the date
Court, the Magistrate may proceed to hear and thereof subject to such terms including terms as to payment
determine the case ex parte and any order so made may of costs to the opposite party as the Magistrate may think
be set aside for good cause shown on an application just and proper.
made within three months from the date thereof (3) The Court in dealing with applications under section
subject to such terms including terms as to payment of 125 shall have power to make such order as to costs as may
costs to the opposite party as the Magistrate may think be just.
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 127. [(1) On proof of a change in the circumstances of any
Alteration in person, receiving, under section 144 a monthly Alteration person, receiving, under section 125 a monthly allowance
allowance allowance for the maintenance or interim in for the maintenance or interim maintenance, or ordered
maintenance, or ordered under the same section to pay allowance under the same section to pay a monthly allowance for the
a monthly allowance for the maintenance, or interim maintenance, or interim maintenance, to his wife, child,
maintenance, to his wife, child, father or mother, as the father or mother, as the case may be, the Magistrate may
case may be, the Magistrate may make such alteration, make such alteration, as he thinks fit, in the allowance for
as he thinks fit, in the allowance for the maintenance the maintenance or the interim maintenance, as the case
or the interim maintenance, as the case may be. may be.]
(2) Where it appears to the Magistrate that in (2) Where it appears to the Magistrate that, in consequence
consequence of any decision of a competent Civil of any decision of a competent Civil Court, any order made
Court, any order made under section 144 should be under section 125 should be cancelled or varied, he shall
cancelled or varied, he shall cancel the order or, as the cancel the order or, as the case may be, vary the same
case may be, vary the same accordingly. accordingly.
(3) Where any order has been made under section 144 (3) Where any order has been made under section 125 in
in favour of a woman who has been divorced by, or favour of a woman who has been divorced by, or has
has obtained a divorce from, her husband, the obtained a divorce from, her husband, the Magistrate shall,
Magistrate shall, if he is if he is satisfied that—
satisfied that— (a) the woman has, after the date of such divorce,
(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her
remarried, cancel such order as from the date of her remarriage;
remarriage; (b) the woman has been divorced by her husband and that
(b) the woman has been divorced by her husband and she has received, whether before or after the date of the
that she has received, whether before or after the date said order, the whole of the sum which, under any
of the said order, the whole of the sum which, under customary or personal law applicable to the parties, was
any customary or personal law applicable to the payable on such divorce, cancel such order,—
parties, was payable on such divorce, (i) in the case where such sum was paid before such order,
cancel such order,— from the date on which such order was made;
(i) in the case where such sum was paid before such (ii) in any other case, from the date of expiry of the period,
order, from the date on which such order was made; if any, for which maintenance has been actually paid by the
(ii) in any other case, from the date of expiry of the husband to the woman;
period, if any, for which maintenance has been (c) the woman has obtained a divorce from her husband
actually paid by the husband to the woman; and that she had voluntarily surrendered her rights to
(c) the woman has obtained a divorce from her [maintenance or interim maintenance, as the case may be,]
husband and that she had voluntarily surrendered her after her divorce, cancel the order from the date thereof.
rights to maintenance or interim maintenance, as the (4) At the time of making any decree for the recovery of
case may be, after her divorce, cancel the order from any maintenance or dowry by any person, to whom a
the date thereof. [monthly allowance for the maintenance and interim
(4) At the time of making any decree for the recovery maintenance or any of them has been ordered] to be paid
of any maintenance or dowry by any person, to whom under section 125, the Civil Court shall take into account
a monthly allowance for the maintenance and interim the sum which has been paid to, or recovered by, such
maintenance or any of them has been ordered to be person [as monthly allowance for the maintenance and
paid under section 144, the Civil Court shall take into interim maintenance or any of them, as the case may be, in
account the sum which has been paid to, or recovered pursuance of] the said order.
 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 128. A copy of the order of [maintenance or interim
Enforcement maintenance and expenses of proceedings, as the case Enforcemen maintenance and expenses of proceedings, as the case may
of order of may be, shall be given without payment to the person t of order of be,] shall be given without payment to the person in whose
maintenance in whose favour it is made, or to his guardian, if any, maintenanc favour it is made, or to his guardian, if any, or to the person
or to the person to whom the allowance for the e to [whom the allowance for the maintenance or the
maintenance or the allowance for the interim allowance for the interim maintenance and expenses of
maintenance and expenses of proceeding, as the case proceeding, as the case may be,] is to be paid; and such
may be, is to be paid; and such order may be enforced order may be enforced by any Magistrate in any place
by any Magistrate in any place where the person where the person against whom it is made may be, on such
against whom it is made may be, on such Magistrate Magistrate being satisfied as to the identity of the parties
being satisfied as to the identity of the parties and the and the non-payment of the [allowance, or as the case may
non-payment of the allowance, or as the case may be, expenses, due]
be, expenses, due.
148. (1) Any Executive Magistrate or officer in charge of a 129. (1) Any Executive Magistrate or officer in charge of a
Dispersal of police station or, in the absence of such officer in Dispersal of police station or, in the absence of such officer in charge,
assembly by charge, any police officer, not below the rank of a sub- assembly by any police officer, not below the rank of a sub-inspector,
use of civil inspector, may command any unlawful assembly, or use of civil may command any unlawful assembly, or any assembly of
force any assembly of five or more persons likely to cause a force five or more persons likely to cause a disturbance of the
disturbance of the public peace, to disperse; and it public peace, to disperse; and it shall thereupon be the duty
shall thereupon be the duty of the members of such of the members of such assembly to disperse accordingly.
assembly to disperse accordingly. (2) If, upon being so commanded, any such assembly does
(2) If, upon being so commanded, any such assembly not disperse, or if, without being so commanded, it
does not disperse, or if, without being so commanded, conducts itself in such a manner as to show a determination
it conducts itself in such a manner as to show a not to disperse, any Executive Magistrate or police officer
determination not to disperse, any Executive referred to in sub-section (1), may proceed to disperse such
Magistrate or police officer referred to in sub-section assembly by force, and may require the assistance of any
(1), may proceed to disperse such assembly by force, male person, not being an officer or member of the armed
and may require the assistance of any person, not forces and acting as such, for the purpose of dispersing
being an officer or member of the armed forces and such assembly, and, if necessary, arresting and confining
 acting as such, for the purpose of dispersing such the persons who form part of it, in order to disperse such
assembly, and, if necessary, arresting and confining assembly or that they may be punished according to law.
the persons who form part of it, in order to disperse
such assembly or that they may be punished according
to law.
149. Use of (1) If any assembly referred to in sub-section (1) of 130. Use of (1) If any such assembly cannot be otherwise dispersed,
armed forces section 148 cannot otherwise be dispersed, and it is armed and if it is necessary for the public security that it should
to disperse necessary for the public security that it should be forces to be dispersed, the Executive Magistrate of the highest rank
assembly dispersed, the District Magistrate or any other disperse who is present may cause it to be dispersed by the armed
Executive Magistrate authorised by him, who is assembly forces.
present, may cause it to be dispersed by the armed (2) Such Magistrate may require any officer in command
forces. of any group of persons belonging to the armed forces to
(2) Such Magistrate may require any officer in disperse the assembly with the help of the armed forces
command of any group of persons belonging to the under his command, and to arrest and confine such persons
armed forces to disperse the assembly with the help of forming part of it as the Magistrate may direct, or as it may
the armed forces under his command, and to arrest and be necessary to arrest and confine in order to disperse the
confine such persons forming part of it as the assembly or to have them punished according to law.
Executive Magistrate may direct, or as it may be (3) Every such officer of the armed forces shall obey such
necessary to arrest and confine in order to disperse the requisition in such manner as he thinks fit, but in so doing
assembly or to have them punished according to law. he shall use as little force, and do as little injury to person
(3) Every such officer of the armed forces shall obey and property, as may be consistent with dispersing the
such requisition in such manner as he thinks fit, but in assembly and arresting and detaining such persons.
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. Power When the public security is manifestly endangered by 131. Power When the public security is manifestly endangered by any
of certain any such assembly and no Executive Magistrate can of certain such assembly and no Executive Magistrate can be
armed force be communicated with, any commissioned or gazetted armed force communicated with, any commissioned or gazetted officer
officers to officer of the armed forces may disperse such officers to of the armed forces may disperse such assembly with the
disperse assembly with the help of the armed forces under his disperse help of the armed forces under his command, and may
assembly assembly arrest and confine any persons forming part of it, in order
 command, and may arrest and confine any persons to disperse such assembly or that they may be punished
forming part of it, in order to disperse according to law; but if, while he is acting under this
such assembly or that they may be punished according section, it becomes practicable for him to communicate
to law; but if, while he is acting under this section, it with an Executive Magistrate, he shall do so, and shall
becomes practicable for him to communicate with an thenceforward obey the instructions of the Magistrate, as
Executive Magistrate, he shall do so, and shall to whether he shall or shall not continue such action.
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 132. (1) No prosecution against any person for any act
Protection purporting to be done under section 148, section 149 Protection purporting to be done under section 129, section 130 or
against or section 150 shall be instituted in any Criminal Court against section 131 shall be instituted in any Criminal Court
prosecution except— prosecution except—
for acts done (a) with the sanction of the Central Government where for acts (a) with the sanction of the Central Government where
under such person is an officer or member of the armed done under such person is an officer or member of the armed forces;
sections forces; preceding (b) with the sanction of the State Government in any other
148, 149 and (b) with the sanction of the State Government in any sections case.
150 other case. (2) (a) No Executive Magistrate or police officer acting
(2) (a) No Executive Magistrate or police officer under any of the said sections in good faith;
acting under any of the said sections in good faith; (b) no person doing any act in good faith in compliance
(b) no person doing any act in good faith in with a requisition under section 129 or section 130;
compliance with a requisition under section 148 or (c) no officer of the armed forces acting under section 131
section 149; in good faith;
(c) no officer of the armed forces acting under section (d) no member of the armed forces doing any act in
150 in good faith; obedience to any order which he was bound to obey, shall
(d) no member of the armed forces doing any act in be deemed to have thereby committed an offence.
obedience to any order which he was bound to obey, (3) In this section and in the preceding sections of this
shall be deemed to have thereby committed an Chapter,—
offence. (a) the expression “armed forces” means the military, naval
(3) In this section and in the preceding sections of this and air forces, operating as land forces and includes any
Chapter,— other armed forces of the Union so operating;
(a) the expression "armed forces" means the army, (b) “officer”, in relation to the armed forces, means a
naval and air forces, operating person commissioned, gazetted or in pay as an officer of
 as land forces and includes any other armed forces of the armed forces and includes a junior commissioned
the Union so operating; officer, a warrant officer, a petty officer, a non-
(b) "officer", in relation to the armed forces, means a commissioned officer and a non-gazetted officer;
person commissioned, gazetted or in pay as an officer (c) “member”, in relation to the armed forces, means a
of the armed forces and includes a junior person in the armed forces other than an officer.
commissioned officer, a warrant officer, a petty
officer, a non-commissioned officer and a non-
gazetted officer;
(c) "member", in relation to the armed forces, means a
person in the armed forces other than an officer.
152. (1) Whenever a District Magistrate or a Sub-divisional 133. (1) Whenever a District Magistrate or a Sub-divisional
Conditional Magistrate or any other Executive Magistrate Conditional Magistrate or any other Executive Magistrate specially
order for specially empowered in this behalf by the State order for empowered in this behalf by the State Government, on
removal of Government, on receiving the report of a police officer removal of receiving the report of a police officer or other information
nuisance or other information and on taking such evidence (if nuisance and on taking such evidence (if any) as he thinks fit,
any) as he thinks fit, considers— considers—
(a) that any unlawful obstruction or nuisance should (a) that any unlawful obstruction or nuisance should be
be removed from any public place or from any way, removed from any public place or from any way, river or
river or channel which is or may be lawfully used by channel which is or may be lawfully used by the public; or
the public; or (b) that the conduct of any trade or occupation, or the
(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the
keeping of any goods or merchandise, is injurious to health or physical comfort of the community, and that in
the health or physical comfort of the community, and consequence such trade or occupation should be prohibited
that in consequence such trade or occupation should or regulated or such goods or merchandise should be
be prohibited or regulated or such goods or removed or the keeping thereof regulated; or
merchandise should be removed or the keeping thereof (c) that the construction of any building, or, the disposal of
regulated; or any substance, as is likely to occasion configuration or
(c) that the construction of any building, or, the explosion, should be prevented or stopped; or
disposal of any substance, as is likely to occasion (d) that any building, tent or structure, or any tree is in such
conflagration or explosion, should be prevented or a condition that it is likely to fall and thereby cause injury
stopped; or to persons living or carrying on business in the
neighbourhood or passing by, and that in consequence the
(d) that any building, tent or structure, or any tree is in removal, repair or support of such building, tent or
such a condition that it is likely to fall and thereby structure, or the removal or support of such tree, is
cause injury to persons living or carrying on business necessary; or
in the neighbourhood or passing by, and that in (e) that any tank, well or excavation adjacent to any such
consequence the removal, repair or support of such way or public place should be fenced in such manner as to
building, tent or structure, or the removal or support of prevent danger arising to the public; or
such tree, is necessary; or (f) that any dangerous animal should be destroyed,
(e) that any tank, well or excavation adjacent to any confined or otherwise disposed of, such Magistrate may
such way or public place should be fenced in such make a conditional order requiring the person causing such
manner as to prevent danger arising to the public; or obstruction or nuisance, or carrying on such trade or
(f) that any dangerous animal should be destroyed, occupation, or keeping any such goods or merchandise, or
confined or otherwise disposed of, such Magistrate owning, possessing or controlling such building, tent,
may make a conditional order requiring the person structure, substance, tank, well or excavation, or owning or
causing such obstruction or nuisance, or carrying on possessing such animal or tree, within a time to be fixed in
such trade or occupation, or keeping any such goods the order—
or merchandise, or owning, possessing or controlling (i) to remove such obstruction or nuisance; or
such building, tent, structure, substance, tank, well or (ii) to desist from carrying on, or to remove or regulate in
excavation, or owning or possessing such animal or such manner as may be directed, such trade or occupation,
tree, within a time to be fixed in the order— or to remove such goods or merchandise, or to regulate the
(i) to remove such obstruction or nuisance; or keeping thereof in such manner as may be directed; or
(ii) to desist from carrying on, or to remove or regulate (iii) to prevent or stop the construction of such building, or
in such manner as may be directed, such trade or to alter the disposal of such substance; or
occupation, or to remove such goods or merchandise, (iv) to remove, repair or support such building, tent or
or to regulate the keeping thereof in such manner as structure, or to remove or support such trees; or
may be directed; or (v) to fence such tank, well or excavation; or
(iii) to prevent or stop the construction of such (vi) to destroy, confine or dispose of such dangerous
building, or to alter the disposal of such substance; or animal in the manner provided in the said order, or, if he
(iv) to remove, repair or support such building, tent or objects so to do, to appear before himself or some other
structure, or to remove or support such trees; or Executive Magistrate subordinate to him at a time and
(v) to fence such tank, well or excavation; or place to be fixed by the order, and show cause, in the
(vi) to destroy, confine or dispose of such dangerous manner hereinafter provided, why the order should not be
animal in the manner provided in the said order, made absolute.
 or, if he objects so to do, to appear before himself or (2) No order duly made by a Magistrate under this section
some other Executive Magistrate subordinate to him shall be called in question in any Civil Court.
at a time and place to be fixed by the order, and show Explanation.—A “public place” includes also property
cause, in the manner hereinafter provided, why the belonging to the State, camping grounds and grounds
order should not be made absolute. left unoccupied for sanitary or recreative purposes.
(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. Service (1) The order shall, if practicable, be served on the 134. Service (1) The order shall, if practicable, be served on the person
or person against whom it is made, in the manner herein or against whom it is made, in the manner herein provided for
notification provided for service of summons. notification service of a summons.
of order (2) If such order cannot be so served, it shall be of order (2) If such order cannot be so served, it shall be notified by
notified by proclamation published in such manner as proclamation, published in such manner as the State
the State Government may, by rules, direct, and a copy Government may, by rules, direct, and a copy thereof shall
thereof shall be stuck up at such place or places as may be struck up at such place or places as may be fittest for
be fittest for conveying the information to such person. conveying the information to such person.
154. Person The person against whom such order is made shall— 135. Person The person against whom such order is
to whom (a) perform, within the time and in the manner to whom made shall—
order is specified in the order, the act directed thereby; or order is (a) perform, within the time and in the manner specified in
addressed to (b) appear in accordance with such order and show addressed to the order, the act directed thereby; or
obey or show cause against the same; and such appearance or obey or (b) appear in accordance with such order and show cause
cause hearing may be permitted through audio-video show against the same.
conferencing. cause
155. Penalty If the person against whom an order is made under 136. If such person does not perform such act or appear and
for failure to section 154 does not perform such act or appear and Consequenc show cause, he shall be liable to the penalty prescribed in
comply with show cause, he shall be liable to the penalty specified es of his that behalf in section 188 of the Indian Penal Code (45 of
section 154 in that behalf in section 223 of the Bharatiya Nyaya failing to do 1860), and the order shall be made absolute.
Sanhita, 2023, and the order shall be made absolute. so
156. (1) Where an order is made under section 152 for the 137. (1) Where an order is made under section 133 for the
Procedure purpose of preventing obstruction, nuisance or danger Procedure purpose of preventing obstruction, nuisance or danger to
Where to the public in the use of any way, river, channel or Where the public in the use of any way, river, channel or place,
existence of place, the Magistrate shall, on the appearance before existence of the Magistrate shall, on the appearance before him of the
public right is him of the person against whom the order was made, public right person against whom the order was made, question him as
denied question him as to whether he denies the existence of is denied to whether he denies the existence of any public right in
any public right in respect respect of the way, river, channel or place, and if he does
of the way, river, channel or place, and if he does so, so, the Magistrate shall, before proceeding under section
the Magistrate shall, before proceeding under section 138, inquire into the matter.
157, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any
(2) If in such inquiry the Magistrate finds that there is reliable evidence in support of such denial, he shall stay
any reliable evidence in support of such denial, he the proceedings until the matter of the existence of such
shall stay the proceedings until the matter of the right has been decided by a competent Court; and, if he
existence of such right has been decided by a finds that there is no such evidence, he shall proceed as laid
competent Court; and, if he finds that there is no such down in section 138.
evidence, he shall proceed as laid down in section 157. (3) A person who has, on being questioned by the
(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the
Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to,
existence of a public right of the nature therein or who, having made such denial, has failed to adduce
referred to, or who, having made such denial, has reliable evidence in support thereof, shall not in the
failed to adduce reliable evidence in support thereof, subsequent proceedings be permitted to make any such
shall not in the subsequent proceedings be permitted denial.
to make any such denial.
157. (1) If the person against whom an order under section 138. (1) If the person against whom an order under section 133
Procedure 152 is made appears and shows cause against the Procedure is made appears and shows cause against the order, the
where person order, the Magistrate shall take evidence in the matter where he Magistrate shall take evidence in the matter as in a
against as in a summons-case. appears to summons-case.
whom order (2) If the Magistrate is satisfied that the order, either show cause (2) If the Magistrate is satisfied that the order, either as
is made as originally made or subject to such modification as originally made or subject to such modification as he
under section he considers necessary, is reasonable and proper, the considers necessary, is reasonable and proper, the order
152 appears order shall be made absolute without modification or, shall be made absolute without modification or, as the case
as the case may be, with such modification. may be, with such modification.
to show (3) If the Magistrate is not so satisfied, no further (3) If the Magistrate is not so satisfied, no further
cause proceedings shall be taken in the case: proceedings shall be taken in the case.
Provided that the proceedings under this section shall
No be completed, as soon as possible, within a period of
equivalent ninety days, which may be extended for the reasons to
provision in be recorded in writing, to one hundred and twenty
previous days.
code
158. Power The Magistrate may, for the purposes of an inquiry 139. Power The Magistrate may, for the purposes of an inquiry under
of Magistrate under section 156 or section 157— of section 137 or section 138—
to direct local (a) direct a local investigation to be made by such Magistrate (a) direct a local investigation to be made by such person
investigation person as he thinks fit; or to direct as he thinks fit; or
and (b) summon and examine an expert. local (b) summon and examine an expert.
examination investigatio
of an expert n and
examination
of an expert
159. Power (1) Where the Magistrate directs a local investigation 140. Power (1) Where the Magistrate directs a local investigation by
of Magistrate by any person under section 158, the Magistrate of any person under section 139, the Magistrate may—
to furnish may— Magistrate (a) furnish such person with such written instructions as
written (a) furnish such person with such written instructions to furnish may seem necessary for his guidance;
instructions, as may seem necessary for his guidance; written (b) declare by whom the whole or any part of the necessary
etc. (b) declare by whom the whole or any part of the instructions, expenses of the local investigation shall be paid.
necessary expenses of the local investigation shall be etc (2) The report of such person may be read as evidence in
paid. the case.
(2) The report of such person may be read as evidence (3) Where the Magistrate summons and examines an expert
in the case. under section 139, the Magistrate may direct by whom the
(3) Where the Magistrate summons and examines an costs of such summoning and examination shall be paid.
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 141. (1) When an order has been made absolute under section
Procedure on section 155 or section 157, the Magistrate shall give Procedure 136 or section 138, the Magistrate shall give notice of the
order being notice of the same to the person against whom the on order same to the person against whom the order was made, and
made order was made, and shall further require him to being made shall further require him to perform the act directed by the
absolute and perform the act directed by the order within the time absolute order within a time to be fixed in the notice, and inform
consequences to be fixed in the notice, and inform him that, in case and him that, in case of disobedience, he will be liable to the
of of disobedience, he shall be liable to the penalty consequenc penalty provided by section 188 of the Indian Penal Code
disobedience provided by section 223 of the Bharatiya Nyaya es of (45 of 1860).
Sanhita, 2023. disobedienc (2) If such act is not performed within the time fixed, the
(2) If such act is not performed within the time fixed, e Magistrate may cause it to be performed, and may recover
the Magistrate may cause it to be performed, and may the costs of performing it, either by the sale of any
recover the costs of performing it, either by the sale of building, goods or other property removed by his order, or
any building, goods or other property removed by his by the distress and sale of any other movable property of
order, or by the distress and sale of any other movable such person within or without such Magistrate’s local
property of such person within or without such jurisdiction, and if such other property is without such
Magistrate's local jurisdiction, and if such other jurisdiction, the order shall authorise its attachment and
property is without such jurisdiction, the order shall sale when endorsed by the Magistrate within whose local
authorise its attachment and sale when endorsed by the jurisdiction the property to be attached is found.
Magistrate within whose local jurisdiction the (3) No suit shall lie in respect of anything done in good
property to be attached is found. faith under this section.
(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 152 142. If a Magistrate making an order under section 133
Injunction considers that immediate measures should be taken to Injunction considers that immediate measures should be taken to
pending prevent imminent danger or injury of a serious kind to pending prevent imminent danger or injury of a serious kind to the
inquiry the public, he may issue such an injunction to the inquiry public, he may issue such an injunction to the person
person against whom the order was made, as is against whom the order was made, as is required to obviate
required to obviate or prevent such danger or injury or prevent such danger or injury pending the determination
pending the determination of the matter. of the matter.
(2) In default of such person forthwith obeying such (2) In default of such person forthwith obeying such
injunction, the Magistrate may himself use, or cause injunction, the Magistrate may himself use, or cause to be
 to be used, such means as he thinks fit to obviate such used, such means as he thinks fit to obviate such danger or
danger or to prevent such injury. to prevent such injury.
(3) No suit shall lie in respect of anything done in good (3) No suit shall lie in respect of anything done in good
faith by a Magistrate under this section. faith by a Magistrate under this section.
162. A District Magistrate or Sub-divisional Magistrate, or 143. A District Magistrate or Sub-divisional Magistrate, or any
Magistrate any other Executive Magistrate or Deputy Magistrate other Executive Magistrate empowered by the State
may prohibit Commissioner of Police empowered by the State may Government or the District Magistrate in this behalf, may
repetition or Government or the District Magistrate in this behalf, prohibit order any person not to repeat or continue a public
continuance may order any person not to repeat or continue a public repetition or nuisance, as defined in the Indian Penal Code (45 of 1860),
of public nuisance, as defined in the Bharatiya Nyaya Sanhita, continuance or any special or local law.
nuisance 2023, or any special or local law. of public
nuisance
163. Power (1) In cases where, in the opinion of a District 144. Power (1) In cases where, in the opinion of a District Magistrate,
to issue order Magistrate, a Sub-divisional Magistrate or any other to issue a Sub-divisional Magistrate or any other Executive
in urgent Executive Magistrate specially empowered by the order in Magistrate specially empowered by the State Government
cases of State Government in this behalf, there is sufficient urgent cases in this behalf, there is sufficient ground for proceeding
nuisance or ground for proceeding under this section and of nuisance under this section and immediate prevention or speedy
apprehended immediate prevention or speedy remedy is desirable, or remedy is desirable, such Magistrate may, by a written
danger such Magistrate may, by a written order stating the apprehende order stating the
material facts of the case and served in the manner d danger material facts of the case and served in the manner
provided by section 153, direct any person to abstain provided by section 134, direct any person to abstain from
from a certain act or to take certain order with respect a certain act or to take certain order with respect to certain
to certain property in his possession or under his property in his possession or under his management, if
management, if such Magistrate considers that such such Magistrate considers that such direction is likely to
direction is likely to prevent, or tends to prevent, prevent, or tends to prevent, obstruction, annoyance or
obstruction, annoyance or injury to any person injury to any person lawfully employed, or danger to
lawfully employed, or danger to human life, health or human life, health or safety or a disturbance of the public
safety or a disturbance of the public tranquillity, or a tranquillity, or a riot, or an affray.
riot, or an affray. (2) An order under this section may, in cases of emergency
(2) An order under this section may, in cases of or in cases where the circumstances do not admit of the
emergency or in cases where the circumstances do not serving in due time of a notice upon the person against
admit of the serving in due time of a notice upon the whom the order is directed, be passed ex parte.
person against whom the order is directed, be passed (3) An order under this section may be directed to a
ex parte. particular individual, or to persons residing in a particular
(3) An order under this section may be directed to a place or area, or to the public generally when frequenting
particular individual, or to persons residing in a or visiting a particular place or area.
particular place or area, or to the public generally (4) No order under this section shall remain in force for
when frequenting or visiting a particular place or area. more than two months from the making thereof:
(4) No order under this section shall remain in force Provided that, if the State Government considers it
for more than two months from the making thereof: necessary so to do for preventing danger to human life,
Provided that if the State Government considers it health or safety or for preventing a riot or any affray, it
necessary so to do for preventing danger to human life, may, by notification, direct that an order made by a
health or safety or for preventing a riot or any affray, Magistrate under this section shall remain in force for such
it may, by notification, direct that an order made by a further period not exceeding six months from the date on
Magistrate under this section shall remain in force for which the order made by the Magistrate would have, but
such further period not exceeding six months from the for such order, expired, as it may specify in the said
date on which the order made by the Magistrate would notification.
have, but for such order, expired, as it may specify in (5) Any Magistrate may, either on his own motion or on the
the said notification. application of any person aggrieved, rescind or alter any
(5) Any Magistrate may, either on his own motion or order made under this section, by himself or any
on the application of any person aggrieved, rescind or Magistrate subordinate to him or by his predecessor-in-
alter any order made under this section by himself or office.
any Magistrate subordinate to him or by his (6) The State Government may, either on its own motion
predecessor-in-office. or on the application of any person aggrieved, rescind or
(6) The State Government may, either on its own alter any order made by it under the proviso to sub-section
motion or on the application of any person aggrieved, (4).
rescind or alter any order made by it under the proviso (7) Where an application under sub-section (5) or sub-
to sub-section (4). section (6) is received, the Magistrate, or the State
(7) Where an application under sub-section (5) or sub- Government, as the case may be, shall afford to the
section (6) is received, the .Magistrate, or the State applicant an early opportunity of appearing before him or
Government, as the case may be, shall afford to the it, either in person or by pleader and showing cause against
applicant an early opportunity of appearing before him the order; and if the Magistrate or the State Government,
or it, either in person or by an advocate and showing as the case may be, rejects the application wholly or in part,
he or it shall record in writing the reasons for so doing.
 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 or so doing.
164. (1) Whenever an Executive Magistrate is satisfied 145. (1) Whenever an Executive Magistrate is satisfied from a
Procedure from a report of a police officer or upon other Procedure report of a police officer or upon other information that a
Where information that a dispute likely to cause a breach of where dispute likely to cause a breach of the peace exists
dispute the peace exists concerning any land or water or the dispute concerning any land or water or the boundaries thereof,
concerning boundaries thereof, within his local jurisdiction, he concerning within his local jurisdiction, he shall make an order in
land or water shall make an order in writing, stating the grounds of land or writing, stating the grounds of his being so satisfied, and
is likely to his being so satisfied, and requiring the parties water requiring the parties concerned in such dispute to attend his
cause breach concerned in such dispute to attend his Court in person is likely to Court in person or by pleader, on a specified date and time,
of peace or by an advocate on a specified date and time, and to cause and to put in written statements of their respective claims
put in written statements of their respective claims as breach as respects the fact of actual possession of the subject of
respects the fact of actual possession of the subject of of peace dispute.
dispute. (2) For the purposes of this section, the expression “land or
(2) For the purposes of this section, the expression water” includes buildings, markets, fisheries, crops or
"land or water" includes buildings, markets, fisheries, other produce of land, and the rents or profits of any such
crops or other produce of land, and the rents or profits property.
of any such property. (3) A copy of the order shall be served in the manner
(3) A copy of the order shall be served in the manner provided by this Code for the service of a summons upon
provided by this Sanhita for the service of summons such person or persons as the Magistrate may direct, and at
upon such person or persons as the Magistrate may least one copy shall be published by being affixed to some
direct, and at least one copy shall be published by conspicuous place at or near the subject of dispute.
being affixed to some conspicuous place at or near the (4) The Magistrate shall then, without reference to the
subject of dispute. merits or the claims of any of the parties to a right to
(4) The Magistrate shall, without reference to the possess the subject of dispute, persue the statements so put
merits or the claims of any of the parties to a right to in, hear the parties, receive all such evidence as may be
possess the subject of dispute, peruse the statements produced by them, take such further evidence, if any, as he
so put in, hear the parties, receive all such evidence as thinks necessary, and, if possible, decide whether any and
may be produced by them, take such further evidence, which of the parties was, at the date of the order made by
if any, as he thinks necessary, and, if possible, decide him under sub-section (1), in possession of the subject of
whether any and which of the parties dispute:
was, at the date of the order made by him under sub- Provided that if it appears to the Magistrate that any party
section (1), in possession of the subject of dispute: has been forcibly and wrongfully dispossessed within two
Provided that if it appears to the Magistrate that any months next before the date on which the report of a police
party has been forcibly and wrongfully dispossessed officer or other information was received by the
within two months next before the date on which the Magistrate, or after that date and before the date of his
report of a police officer or other information was order under sub-section (1), he may treat the party so
received by the Magistrate, or after that date and dispossessed as if that party had been in possession on the
before the date of his order under sub-section (1), he date of his order under sub-section (1).
may treat the party so dispossessed as if that party had (5) Nothing in this section shall preclude any party so
been in possession on the date of his order under sub- required to attend, or any other person interested, from
section (1). showing that no such dispute as aforesaid exists or has
(5) Nothing in this section shall preclude any party so existed; and in such case the Magistrate shall cancel his
required to attend, or any other person interested, from said order, and all further proceedings thereon shall be
showing that no such dispute as aforesaid exists or has stayed, but, subject to such cancellation, the order of the
existed; and in such case the Magistrate shall cancel Magistrate under sub-section (1) shall be final.
his said order, and all further proceedings thereon shall (6) (a) If the Magistrate decides that one of the parties was,
be stayed, but, subject to such cancellation, the order or should under the proviso to subsection (4) be treated as
of the Magistrate under sub-section (1) shall be final. being, in such possession of the said subject, he shall issue
(6) (a) If the Magistrate decides that one of the parties an order declaring such party to be entitled to possession
was, or should under the proviso to sub-section (4) be thereof until evicted therefrom in due course of law,
treated as being, in such possession of the said subject and forbidding all disturbance of such possession until
of dispute, he shall issue an order declaring such party such eviction; and when he proceeds under the proviso to
to be entitled to possession thereof until evicted sub-section (4), may restore to possession the party
therefrom in due course of law, and forbidding all forcibly and wrongfully dispossessed.
disturbance of such possession (b) The order made under this sub-section shall be served
until such eviction; and when he proceeds under the and published in the manner laid down in sub-section (3).
proviso to sub-section (4), may restore to possession (7) When any party to any such proceeding dies, the
the party forcibly and wrongfully dispossessed; Magistrate may cause the legal representative of the
deceased party to be made a party to the proceeding and
 (b) the order made under this sub-section shall be shall thereupon continue the inquiry, and if any question
served and published in the manner laid down in sub- arises as to who the legal representative of a deceased party
section (3). for the purposes of such proceeding is, all persons claiming
(7) When any party to any such proceeding dies, the to be representatives of the deceased party shall be made
Magistrate may cause the legal representative of the parties thereto.
deceased party to be made a party to the proceeding (8) If the Magistrate is of opinion that any crop or other
and shall thereupon continue the inquiry, and if any produce of the property, the subject of dispute in a
question arises as to who the legal representative of a proceeding under this section pending before him, is
deceased party for the purposes of such proceeding is, subject to speedy and natural decay, he may make an order
all persons claiming to be representatives of the for the proper custody or sale of such property, and, upon
deceased party shall be made parties thereto. the completion of the inquiry, shall make such order for the
(8) If the Magistrate is of opinion that any crop or disposal of such property, or the sale-proceeds thereof, as
other produce of the property, the subject of dispute in he thinks fit.
a proceeding under this section pending before him, is (9) The Magistrate may, if he thinks fit, at any stage of the
subject to speedy and natural decay, he may make an proceedings under this section, on the application of either
order for the proper custody or sale of such party, issue a summons to any witness directing him to
property, and, upon the completion of the inquiry, shall attend or to produce any document or thing.
make such order for the disposal of such property, or (10) Nothing in this section shall be deemed to be in
the sale-proceeds thereof, as he thinks fit. derogation of powers of the Magistrate to proceed under
(9) The Magistrate may, if he thinks fit, at any stage of section 107.
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. Power (1) If the Magistrate at any time after making the order 146. Power (1) If the Magistrate at any time after making the order
to attach under sub-section (1) of section 164 considers the case to attach under sub-section (1) of section 145 considers the case to
subject of to be one of emergency, or if he decides that none of subject be one of emergency, or if he decides that none of the
dispute and the parties was then in such possession as is referred parties was then in such possession as is referred to in
to appoint to in section 164, or if he is unable to satisfy himself section 145, or if he is unable to satisfy himself as to which
receiver as to which of them was then in such possession of the of dispute of them was then in such possession of the subject of
subject of dispute, he may attach the subject of dispute and to dispute, he may attach the subject of dispute until a
until a competent Court has determined the rights of appoint competent Court has determined the rights of the parties
the parties thereto with regard to the person entitled to receiver thereto with regard to the person entitled to the possession
the possession thereof: thereof:
Provided that such Magistrate may withdraw the Provided that such Magistrate may withdraw the
attachment at any time if he is satisfied that there is no attachment at any time if he is satisfied that there is no
longer any likelihood of breach of the peace with longer any likelihood of breach of the peace with regard to
regard to the subject of dispute. the subject of dispute.
(2) When the Magistrate attaches the subject of (2) When the Magistrate attaches the subject of dispute, he
dispute, he may, if no receiver in relation to such may, if no receiver in relation to such subject of dispute has
subject of dispute has been appointed by any Civil been appointed by any Civil Court, make such
Court, make such arrangements as he considers proper arrangements as he considers proper for looking after the
for looking after the property or if he thinks fit, appoint property or if he thinks fit, appoint a receiver thereof, who
a receiver thereof, who shall have, subject to the shall have, subject to the control of the Magistrate, all the
control of the Magistrate, all the powers of a receiver powers of a receiver appointed under the Code of Civil
appointed under the Code of Civil Procedure, 1908: Procedure, 1908 (5 of 1908):
Provided that in the event of a receiver being Provided that in the event of a receiver being subsequently
subsequently appointed in relation to the subject of appointed in relation to the subject of dispute by any Civil
dispute by any Civil Court, the Magistrate— Court, the Magistrate—
(a) shall order the receiver appointed by him to hand (a) shall order the receiver appointed by him to hand over
over the possession of the subject of dispute to the the possession of the subject of dispute to the receiver
receiver appointed by the Civil Court and shall appointed by the Civil Court and shall thereafter discharge
thereafter discharge the receiver appointed by him; the receiver appointed by him;
(b) may make such other incidental or consequential (b) may make such other incidental or consequential orders
orders as may be just. as may be just.
166. Dispute (1) Whenever an Executive Magistrate is satisfied 147. (1) Whenever an Executive Magistrate is satisfied from the
concerning from the report of a police officer or upon other Dispute report of a police officer or upon other information, that a
right of use information, that a dispute likely to cause a breach of concerning dispute likely to cause a breach of the peace exists
of land or the peace exists regarding any alleged right of user of right of use regarding any alleged right of user of any land or water
water any land or water within his local jurisdiction, whether of land or within his local jurisdiction, whether such right be claimed
water as an easement or otherwise, he shall make an order in
such right be claimed as an easement or otherwise, he writing, stating the grounds of his being so satisfied and
shall make an order in writing, stating requiring the parties concerned in such dispute to attend his
the grounds of his being so satisfied and requiring the Court in person or by pleader on a specified date and time
parties concerned in such dispute to attend his Court and to put in written
in person or by an advocate on a specified date and statements of their respective claims.
time and to put in written statements of their respective Explanation.—The expression “land or water” has the
claims. meaning given to it in sub-section (2) of section 145.
Explanation.—For the purposes of this sub-section, (2) The Magistrate shall then peruse the statements so put
the expression "land or water" has the meaning given in, hear the parties, receive all such evidence as may be
to it in sub-section (2) of section 164. produced by them respectively, consider the effect of such
(2) The Magistrate shall peruse the statements so put evidence, take such further evidence, if any, as he thinks
in, hear the parties, receive all such evidence as may necessary and, if possible, decide whether such right
be produced by them respectively, consider the effect exists; and the provisions of section 145 shall, so far as may
of such evidence, take such further evidence, if any, as be, apply in the case of such inquiry.
he thinks necessary and, if possible, decide whether (3) If it appears to such Magistrate that such rights exist,
such right exists; and the provisions of section 164 he may make an order prohibiting any interference with the
shall, so far as may be, apply in the case of such exercise of such right, including, in a proper case, an order
inquiry. for the removal of any obstruction in the exercise of any
(3) If it appears to such Magistrate that such rights such right:
exist, he may make an order prohibiting any Provided that no such order shall be made where the right
interference with the exercise of such right, including, is exercisable at all times of the year, unless such right has
in a proper case, an order for the removal of any been exercised within three months next before the receipt
obstruction in the exercise of any such right: under sub-section (1) of the report of a police officer or
Provided that no such order shall be made where the other information leading to the institution of the inquiry,
right is exercisable at all times of the year, unless such or where the right is exercisable only at particular seasons
right has been exercised within three months next or on particular occasions, unless the right has been
before the receipt under sub-section (1) of the report exercised during the last of such seasons or on the last of
of a police officer or other information leading to the such occasions before such receipt.
institution of the inquiry, or where the right is (4) When in any proceedings commenced under sub-
exercisable only at particular seasons or on particular section (1) of section 145 the Magistrate finds that the
occasions, unless the right has been exercised during dispute is as regards an alleged right of user of land or
water, he may, after recording his reasons, continue with
 the last of such seasons or on the last of such occasions the proceedings as if they had been commenced under sub-
before such receipt. section (1), and when in any proceedings commenced
(4) When in any proceedings commenced under sub- under sub-section (1) the magistrate finds that the dispute
section (1) of section 164 the Magistrate finds that the should be dealt with under section 145, he may, after
dispute is as regards an alleged right of user of land or recording his reasons, continue with the proceedings as if
water, he may, after recording his reasons, continue they had been commenced under sub-section (1) of section
with the proceedings as if they had been commenced 145.
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. Local (1) Whenever a local inquiry is necessary for the 148. Local (1) Whenever a local inquiry is necessary for the purposes
inquiry purposes of section 164, section 165 or section 166, a inquiry of section 145, section 146 or section 147, a District
District Magistrate or Sub-divisional Magistrate may Magistrate or Sub-divisional Magistrate may depute any
depute any Magistrate subordinate to him to make the Magistrate subordinate to him to make the inquiry, and
inquiry, and may furnish him with such written may furnish him with such written instructions as may
instructions as may seem necessary for his guidance, seem necessary for his guidance, and may declare by
and may declare by whom the whole or any part of the whom the whole or any part of the necessary expenses of
necessary expenses of the inquiry shall be paid. the inquiry shall be paid.
(2) The report of the person so deputed may be read as (2) The report of the person so deputed may be read as
evidence in the case. evidence in the case.
(3) When any costs have been incurred by any party to (3) When any costs have been incurred by any party to a
a proceeding under section 164, section 165 or section proceeding under section 145, section 146 or section 147,
166, the Magistrate passing a decision may direct by the Magistrate passing a decision may direct by whom such
whom such costs shall be paid, whether by such party costs shall be paid, whether by such party or by any other
or by any other party to the proceeding, party to the proceeding, and whether in whole or in part or
and whether in whole or in part or proportion and such proportion and such costs may include any expenses
costs may include any expenses incurred in respect of incurred in respect of witnesses and of pleaders’ fees,
witnesses and of advocates' fees, which the Court may which the Court may consider reasonable.
consider reasonable.
168. Police to Every police officer may interpose for the purpose of 149. Police Every police officer may interpose for the purpose of
prevent preventing, and shall, to the best of his ability, prevent, to prevent preventing, and shall, to the best of his ability, prevent, the
cognizable the commission of any cognizable offence. cognizable commission of any cognizable offence.
offences offences
169. Every police officer receiving information of a design 150. Every police officer receiving information of a design to
Information to commit any cognizable offence shall communicate Information commit any cognizable offence shall communicate such
of design to such information to the police officer to whom he is of design to information to the police officer to whom he is subordinate,
commit subordinate, and to any other officer whose duty it is commit and to any other officer whose duty it is to prevent or take
cognizable to prevent or take cognizance of the commission of cognizable cognizance of the commission of any such offence.
offences any such offence. offences
170. Arrest to (1) A police officer knowing of a design to commit any 151. Arrest (1) A police officer knowing of a design to commit any
Prevent cognizable offence may arrest, without orders from a to prevent cognizable offence may arrest, without orders from a
commission Magistrate and without a warrant, the person so commission Magistrate and without a warrant, the person so designing,
of cognizable designing, if it appears to such officer that the of if it appears to such officer that the commission of the
offences commission of the offence cannot be otherwise cognizable offence cannot be otherwise prevented.
prevented. offences (2) No person arrested under sub-section (1) shall be
(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four
detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further
hours from the time of his arrest unless his further detention is required or authorised under any other
detention is required or authorised under any other provisions of this Code or of any other law for the time
provisions of this Sanhita or of any other law for the being in force.
time being in force.
171. A police officer may of his own authority interpose to 152. A police officer may of his own authority interpose to
Prevention of prevent any injury attempted to be committed in his Prevention prevent any injury attempted to be committed in his view
injury to view to any public property, movable or immovable, of injury to to any public property, movable or immovable, or the
public or the removal or injury of any public landmark, buoy public removal or injury of any public landmark or buoy or other
property or other mark used for navigation. property mark used for navigation.
172. Persons (1) All persons shall be bound to conform to the lawful No equivalent provision in previous code
bound to directions of a police officer given in fulfilment of any
conform to of his duty under this Chapter.
lawful (2) A police officer may detain or remove any person
directions of resisting, refusing, ignoring or disregarding to
police 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.
173. (1) Every information relating to the commission of a 154. (1) Every information relating to the commission of a
Information cognizable offence, irrespective of the area where the Information cognizable offence, if given orally to an officer in charge
in cognizable offence is committed, may be given orally or by in of a police station, shall be reduced to writing by him or
cases electronic communication to an officer in charge of a cognizable under his direction, and be read over to the informant; and
police station, and if given— cases every such information, whether given in writing or
(i) orally, it shall be reduced to writing by him or under reduced to writing as aforesaid, shall be signed by the
his direction, and be read over to the informant; and person giving it, and the substance thereof shall be entered
every such information, whether given in writing or in a book to be kept by such officer in such form as the
reduced to writing as aforesaid, shall be signed by the State Government may prescribe in this behalf:
person giving it; [Provided that if the information is given by the woman
No (ii) by electronic communication, it shall be taken on against whom an offence under section 326A, section
equivalent record by him on being signed within three days by the 326B, section 354, section 354A, section 354B, section
provision in person giving it, 354C, section 354D, section 376, [section 376A,
previous and the substance thereof shall be entered in a book to section 376AB, section 376B, section 376C, section 376D,
code be kept by such officer in such form as the State section 376DA, section 376DB], section 376E or section
Government may by rules prescribe in this behalf: 509 of the Indian Penal Code (45 of 1860) is alleged to
Provided that if the information is given by the woman have been committed or attempted, then such information
against whom an offence under section 64, section 65, shall be recorded, by a woman police officer or any woman
section 66, section 67, section 68, section 69, section officer:
70, section 71, section 74, section 75, section 76, Provided further that—
section 77, section 78, section 79 or (a) in the event that the person against whom an offence
section 124 of the Bharatiya Nyaya Sanhita, 2023 is under section 354, section 354A, section 354B,
alleged to have been committed or attempted, then section 354C, section 354D, section 376, [section 376A,
such information shall be recorded, by a woman police section 376AB, section 376B, section 376C, section 376D,
officer or any woman officer: section 376DA, section 376DB], section 376E or section
Provided further that— 509 of the Indian Penal Code (45 of 1860) is alleged to
(a) in the event that the person against whom an have been committed or attempted, is temporarily or
offence under section 64, section 65, section 66, permanently mentally or physically disabled, then such
 section 67, section 68, section 69, section 70, section information shall be recorded by a police officer, at the
71, section 74, section 75, section 76, section 77, residence of the person seeking to report such offence or at
section 78, section 79 or section 124 of the Bharatiya a convenient place of such person’s choice, in the presence
Nyaya Sanhita, 2023 is alleged to have been of an interpreter or a special educator, as the case may be;
committed or attempted, is temporarily or (b) the recording of such information shall be video
permanently mentally or physically disabled, then graphed;
such information shall be recorded by a police officer, (c) the police officer shall get the statement of the person
at the residence of the person seeking to report such recorded by a Judicial Magistrate under clause (a)
offence or at a convenient place of such person's of sub-section (5A) of section 164 as soon as possible.]
choice, in the presence of an interpreter or a special (2) A copy of the information as recorded under sub-
educator, as the case may be; section (1) shall be given forthwith, free of cost, to the
(b) the recording of such information shall be informant.
videographed; (3) Any person aggrieved by a refusal on the part of an
(c) the police officer shall get the statement of the officer in charge of a police station to record the
person recorded by a Magistrate under clause (a) of information referred to in sub-section (1) may send the
sub-section (6) of section 183 as soon as possible. substance of such information, in writing and by post, to
(2) A copy of the information as recorded under sub- the Superintendent of Police concerned who, if satisfied
section (1) shall be given forthwith, free of cost, to the that such information discloses the commission of a
informant or the victim. cognizable offence, shall either investigate the case himself
(3) Without prejudice to the provisions contained in or direct an investigation to be made by any police officer
section 175, on receipt of information relating to the subordinate to him, in the manner provided by this Code,
commission of any cognizable offence, which is made and such officer shall have all the powers of an officer in
punishable for three years or more but less than seven charge of the police station in relation to that offence.
No years, the officer in charge of the police station
equivalent may with the prior permission from an officer not
provision in below the rank of Deputy Superintendent of Police,
previous considering the nature and gravity of the offence,—
code (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 155. (1) When information is given to an officer in charge of a
Information of a police station of the commission within the limits Information police station of the commission within the limits of such
as to non- of such station of a non-cognizable offence, he shall as to non- station of a non-cognizable offence, he shall enter or cause
cognizable enter or cause to be entered the substance of the cognizable to be entered the substance of the information in a book to
cases and information in a book to be kept by such officer in such cases and be kept by such officer in such form as the State
investigation form as the State Government may by rules prescribe investigatio Government may prescribe in this behalf, and refer the
of such cases in this behalf, and,— n of such informant to the Magistrate.
(i) refer the informant to the Magistrate; cases (2) No police officer shall investigate a non-cognizable
No (ii) forward the daily diary report of all such cases case without the order of a Magistrate having power to try
equivalent fortnightly to the Magistrate. such case or commit the case for trial.
provision in (2) No police officer shall investigate a non- (3) Any police officer receiving such order may exercise
previous cognizable case without the order of a Magistrate the same powers in respect of the investigation (except the
code having power to try such case or commit the case for power to arrest without warrant) as an officer in charge of
trial. a police station may exercise in a cognizable case.
(3) Any police officer receiving such order may (4) Where a case relates to two or more offences of which
exercise the same powers in respect of the at least one is cognizable, the case shall be deemed to be a
investigation (except the power to arrest without cognizable case, notwithstanding that the other offences
are non-cognizable.
 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. Police (1) Any officer in charge of a police station may, 156. Police (1) Any officer in charge of a police station may, without
officer's without the order of a Magistrate, investigate any officer's the order of a Magistrate, investigate any cognizable case
power to cognizable case which a Court having jurisdiction power to which a Court having jurisdiction over the local area within
investigate over the local area within the limits of such station investigate the limits of such station would have power to inquire into
cognizable would have power to inquire into or try under the cognizable or try under the provisions of Chapter XIII.
case provisions of Chapter XIV: case (2) No proceeding of a police officer in any such case shall
No Provided that considering the nature and gravity of the at any stage be called in question on the ground that the
equivalent offence, the Superintendent of Police may require the case was one which such officer was not empowered under
provision in Deputy Superintendent of Police to investigate the this section to investigate.
previous case. (3) Any Magistrate empowered under section 190 may
code (2) No proceeding of a police officer in any such case order such an investigation as above-mentioned.
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,
No may, upon receiving a complaint against a public
equivalent servant arising in course of the discharge of his official
provision in duties, order investigation, subject to—
previous (a) receiving a report containing facts and
code 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 157. (1) If, from information received or otherwise, an officer
Procedure for officer in charge of a police station has reason to Procedure in charge of a police station has reason to suspect the
Investigation suspect the commission of an offence which he is for commission of an offence which he is empowered under
empowered under section 175 to investigate, he shall investigatio section 156 to investigate, he shall forthwith send a report
forthwith send a report of the same to a Magistrate n of the same to a Magistrate empowered to take cognizance
empowered to take cognizance of such offence upon a of such offence upon a police report and shall proceed in
police report and shall proceed in person, or shall person, or shall depute one of his subordinate officers not
depute one of his subordinate officers not being below being below such rank as the State Government may, by
such rank as the State Government may, by general or general or special order, prescribe in this behalf, to
special order, prescribe in this behalf, to proceed, to proceed, to the spot, to investigate the facts and
the spot, to investigate the facts and circumstances of circumstances of the case, and, if necessary, to take
the case, and, if necessary, to take measures for the measures for the discovery and arrest of the offender:
discovery and arrest of the offender: Provided that—
Provided that— (a) when information as to the commission of any such
(a) when information as to the commission of any such offence is given against any person by name and
offence is given against any person by name and the the case is not of a serious nature, the officer in charge of
case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a
a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
subordinate officer to make an investigation on the (b) if it appears to the officer in charge of a police station
spot; that there is no sufficient ground for entering on
(b) if it appears to the officer in charge of a police an investigation, he shall not investigate the case.
station that there is no sufficient ground for entering [Provided further that in relation to an offence of rape, the
on an investigation, he shall not investigate the case: recording of statement of the victim shall be
Provided further that in relation to an offence of rape, conducted at the residence of the victim or in the place of
the recording of statement of the victim shall be her choice and as far as practicable by a woman police
conducted at the residence of the victim or in the place
 of her choice and as far as practicable by a woman officer in the presence of her parents or guardian or near
police officer in the presence of her parents or relatives or social worker of the locality.]
guardian or near relatives or social worker of the (2) In each of the cases mentioned in clauses (a) and (b) of
locality and such statement may also be recorded the proviso to sub-section (1), the officer in charge
through any audio-video electronic means including of the police station shall state in his report his reasons for
mobile phone. not fully complying with the requirements of that
(2) In each of the cases mentioned in clauses (a) and subsection, and, in the case mentioned in clause (b) of the
(b) of the first proviso to sub-section (1), the officer in said proviso, the officer shall also forthwith notify to the
charge of the police station shall state in his report the informant, if any, in such manner as may be prescribed by
reasons for not fully complying with the requirements the State Government, the fact that he will not investigate
of that sub-section by him, and, forward the daily diary the case or cause it to be investigated.
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
No police station shall, from such date, as may be notified
equivalent within a period of five years by the State Government
provision in in this regard, cause the forensic expert to visit the
previous crime scene to collect forensic evidence in the offence
code 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. Report (1) Every report sent to a Magistrate under section 176 158. Report (1) Every report sent to a Magistrate under section 157
how shall, if the State Government so directs, be submitted how shall, if the State Government so directs, be submitted
submitted through such superior officer of police as the State submitted through such superior officer of police as the State
Government, by general or special order, appoints in Government, by general or special order, appoints in that
that behalf. behalf.
(2) Such superior officer may give such instructions to (2) Such superior officer may give such instructions to the
the officer in charge of the police station as he thinks officer in charge of the police station as he thinks fit, and
fit, and shall, after recording such instructions on such shall, after recording such instructions on such report,
report, transmit the same without delay to the transmit the same without delay to the Magistrate.
Magistrate.
178. Power The Magistrate, on receiving a report under section 159. Power Such Magistrate, on receiving such report, may direct
to hold 176, may direct an investigation, or, if he thinks fit, at to hold an investigation, or, if he thinks fit, at once proceed, or
investigation once proceed, or depute any Magistrate subordinate to Investigatio depute any Magistrate subordinate to him to proceed, to
or him to proceed, to hold a preliminary inquiry into, or n or hold a preliminary inquiry into, or otherwise to dispose of,
preliminary otherwise to dispose of, the case in the manner preliminary the case in the manner provided in this Code.
inquiry provided in this Sanhita. inquiry
179. Police (1) Any police officer making an investigation under 160. Police (1) Any police officer making an investigation under this
officer's this Chapter may, by order in writing, require the officer's Chapter may, by order in writing, require the attendance
power to attendance before himself of any person being within power to before himself of any person being within the limits of his
require the limits of his own or any adjoining station who, require own or any adjoining station who, from the information
attendance of from the information given or otherwise, appears to be attendance given or otherwise, appears to be acquainted with the facts
witnesses acquainted with the facts and circumstances of the of witnesses and circumstances of the case; and such person shall attend
case; and such person shall attend as so required: as so required:
Provided that no male person under the age of fifteen Provided that no male person [under the age of fifteen
years or above the age of sixty years or a woman or a years or above the age of sixty-five years or a woman or a
mentally or physically disabled person or a person mentally or physically disabled person] shall be required
with acute illness shall be required to attend at any to attend at any place other than the place in which such
place other than the place in which such person male person or woman resides.
resides: (2) The State Government may, by rules made in this
No Provided further that if such person is willing to attend behalf, provide for the payment by the police officer of the
equivalent at the police station, such person may be permitted so reasonable expenses of every person, attending under sub-
provision in to do. section (1) at any place other than his residence.
previous (2) The State Government may, by rules made in this
code 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 161. (1) Any police officer making an investigation under this
Examination this Chapter, or any police officer not below such rank Examinatio Chapter, or any police officer not below such rank as the
of witnesses as the State Government may, by general or special n of State Government may, by general or special order,
by police order, prescribe in this behalf, acting on the requisition witnesses prescribe in this behalf, acting on the requisition of such
of such officer, may examine orally any person by police officer, may examine orally any person supposed to be
supposed to be acquainted with the facts and acquainted with the facts and circumstances of the case.
circumstances of the case. (2) Such person shall be bound to answer truly all
(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer,
questions relating to such case put to him by such other than questions the answers to which would have a
officer, other than questions the answers to which tendency to expose him to a criminal charge or to a penalty
would have a tendency to expose him to a criminal or forfeiture.
charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any
(3) The police officer may reduce into writing any statement made to him in the course of an examination
statement made to him in the course of an examination under this section; and if he does so, he shall make a
under this section; and if he does so, he shall make a separate and true record of the statement of each such
separate and true record of the statement of each such person whose statement he records.
person whose statement he records: [Provided that statement made under this sub-section may
Provided that statement made under this sub-section also be recorded by audio-video electronic means:]
may also be recorded by audio-video electronic [Provided further that the statement of a woman against
means: whom an offence under section 354, section 354A,
Provided further that the statement of a woman against section 354B, section 354C, section 354D, section 376,
whom an offence under section 64, section 65, section [section 376A, section 376AB, section 376B, section
66, section 67, section 68, section 69, section 70, 376C, section 376D, section 376DA, section 376DB],
section 71, section 74, section 75, section 76, section section 376E or section 509 of the Indian Penal Code (45
77, section 78, section 79 or section 124 of the of 1860) is alleged to have been committed or attempted
Bharatiya Nyaya Sanhita, 2023 is alleged to have been shall be recorded, by a woman police officer or any woman
officer.]
 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 162. (1) No statement made by any person to a police officer in
Statements to officer in the course of an investigation under this Statements the course of an investigation under this Chapter, shall, if
police and Chapter, shall, if reduced to writing, be signed by the to police not reduced to writing, be signed by the person making it; nor
use thereof person making it; nor shall any such statement or any to be shall any such statement or any record thereof, whether in
record thereof, whether in a police diary or otherwise, signed: Use a police diary or otherwise, or any part of such statement
or any part of such statement or record, be used for any of or record, be used for any purpose, save as hereinafter
purpose, save as hereinafter provided, at any inquiry statements provided, at any inquiry or trial in respect of any offence
or trial in respect of any offence under investigation at in evidence under investigation at the time when such statement was
the time when such statement was made: made:
Provided that when any witness is called for the Provided that when any witness is called for the
prosecution in such inquiry or trial whose statement prosecution in such inquiry or trial whose statement has
has been reduced into writing as aforesaid, any part of been reduced into writing as aforesaid, any part of his
his statement, if duly proved, may be used by the statement, if duly proved, may be used by the accused, and
accused, and with the permission of the Court, by the with the permission of the Court, by the prosecution, to
prosecution, to contradict such witness in the manner contradict such witness in the manner provided by section
provided by section 148 of the Bharatiya Sakshya 145 of the Indian Evidence Act, 1872 (1 of 1872); and
Adhiniyam, 2023; and when any part of such when any part of such statement is so used, any part thereof
statement is so used, any part thereof may also be used may also be used in the re-examination of such witness, but
in the re-examination of such witness, but for the for the purpose only of explaining any matter referred to in
purpose only of explaining any matter referred to in his cross examination.
his cross-examination. (2) Nothing in this section shall be deemed to apply to any
(2) Nothing in this section shall be deemed to apply to statement falling within the provisions of clause (1) of
any statement falling within the provisions of clause section 32 of the Indian Evidence Act, 1872 (1 of 1872); or
(a) of section 26 of the Bharatiya Sakshya Adhiniyam, to affect the provisions of section 27 of that Act.
2023; or to affect the provisions of the proviso to sub- Explanation.—An omission to state a fact or circumstance
section (2) of section 23 of that Adhiniyam. in the statement referred to in sub-section (1) may amount
Explanation.—An omission to state a fact or to contradiction if the same appears to be significant and
circumstance in the statement referred to in sub- otherwise relevant having regard to the context in which
section (1) may amount to contradiction if the same such omission occurs and whether any omission amounts
appears to be significant and otherwise relevant
 having regard to the context in which such omission to a contradiction in the particular context shall be a
occurs and whether any omission amounts to a question of fact.
contradiction in the particular context shall be a
question of fact.
182. No (1) No police officer or other person in authority shall 163. No (1) No police officer or other person in authority shall offer
inducement offer or make, or cause to be offered or made, any such inducement or make, or cause to be offered or made, any such
to be offered inducement, threat or promise as is mentioned in to be inducement, threat or promise as is mentioned in section
section 22 of the Bharatiya Sakshya Adhiniyam, 2023. offered 24 of the Indian Evidence Act, 1872 (1 of 1872).
(2) But no police officer or other person shall prevent, (2) But no police officer or other person shall prevent, by
by any caution or otherwise, any person from making any caution or otherwise, any person from making in
in the course of any investigation under this Chapter the course of any investigation under this Chapter any
any statement which he may be disposed to make of statement which he may be disposed to make of his own
his own free will: free will:
Provided that nothing in this sub-section shall affect Provided that nothing in this sub-section shall affect the
the provisions of sub-section (4) of section 183. provisions of sub-section (4) of section 164.
183. (1) Any Magistrate of the District in which the 164. (1) Any Metropolitan Magistrate or Judicial Magistrate
Recording of information about commission of any offence has Recording may, whether or not he has jurisdiction in the case, record
confessions been registered, may, whether or not he has of any confession or statement made to him in the course of
and jurisdiction in the case, record any confession or confessions an investigation under this Chapter or under any other law
statements statement made to him in the course of an and for the time being in force, or at any time afterwards before
investigation under this Chapter or under any other statements the commencement of the inquiry or trial:
law for the time being in force, or at any time [Provided that any confession or statement made under this
afterwards but before the commencement of the sub-section may also be recorded by audio-video
inquiry or trial: electronic means in the presence of the advocate of the
Provided that any confession or statement made under person accused of an offence:
this sub-section may also be recorded by audio-video Provided further that no confession shall be recorded by a
electronic means in the presence of the advocate of the police officer on whom any power of a Magistrate has been
person accused of an offence: conferred under any law for the time being in force.]
Provided further that no confession shall be recorded (2) The Magistrate shall, before recording any such
by a police officer on whom any power of a Magistrate confession, explain to the person making it that he is not
has been conferred under any law for the time being in bound to make a confession and that, if he does so, it may
force. be used as evidence against him; and the Magistrate shall
(2) The Magistrate shall, before recording any such not record any such confession unless, upon questioning
confession, explain to the person making it that he is the person making it, he has reason to believe that it is
not bound to make a confession and that, if he does so, being made voluntarily.
it may be used as evidence against him; and the (3) If at any time before the confession is recorded, the
Magistrate shall not record any such confession person appearing before the Magistrate states that he is not
unless, upon questioning the person making it, he has willing to make the confession, the Magistrate shall not
reason to believe that it is being made voluntarily. authorise the detention of such person in police custody.
(3) If at any time before the confession is recorded, the (4) Any such confession shall be recorded in the manner
person appearing before the Magistrate states that he provided in section 281 for recording the examination of
is not willing to make the confession, the Magistrate an accused person and shall be signed by the person
shall not authorise the detention of such person in making the confession; and the Magistrate shall make a
police custody. memorandum at the foot of such record to the following
(4) Any such confession shall be recorded in the effect:—
manner provided in section 316 for recording the “I have explained to (name) that he is not bound to make a
examination of an accused person and shall be signed confession and that, if he does so, any confession he may
by the person making the confession; and the make may be used as evidence against him and I believe
Magistrate shall make a memorandum at the foot of that this confession was voluntarily made. It was taken in
such record to the following effect:— my presence and hearing, and was read over to the person
"I have explained to (name) that he is not bound to making it and admitted by him to be correct, and it contains
make a confession and that, if he does so, any a full and true account of the statement made by him.
confession he may make may be used as evidence
against him and I believe that this confession was (Signed) A. B.
voluntarily made. It was taken in my presence and Magistrate.”
hearing, and was read over to the person making it and (5) Any statement (other than a confession) made under
admitted by him to be correct, and it contains a full sub-section (1) shall be recorded in such manner
and true account of the statement made by him. hereinafter provided for the recording of evidence as is, in
the opinion of the Magistrate, best fitted to the
(Signed) A. B. circumstances of the case; and the Magistrate shall have
Magistrate.". power to administer oath to the person whose statement is
(5) Any statement (other than a confession) made so recorded.
under sub-section (1) shall be recorded in such manner [(5A) (a) In cases punishable under section 354, section
hereinafter provided for the recording of evidence as 354A, section 354B, section 354C, section 354D, sub-
 is, in the opinion of the Magistrate, best fitted to the section (1) or sub-section (2) of section 376, [section 376A,
circumstances of the case; and the Magistrate shall section 376AB, section 376B, section 376C, section 376D,
have power to administer oath to the person whose section 376DA, section 376DB,] section 376E or section
statement is so recorded. 509 of the Indian Penal Code (45 of 1860), the Judicial
(6) (a) In cases punishable under section 64, section Magistrate shall record the statement of the person against
65, section 66, section 67, section 68, section 69, whom such offence has been committed in the manner
section 70, section 71, section 74, section 75, section prescribed in sub-section (5), as soon as the commission of
76, section 77, section 78, section 79 or section 124 of the offence is brought to the notice of the police:
the Bharatiya Nyaya Sanhita, 2023, the Magistrate Provided that if the person making the statement is
shall record the statement of the person against whom temporarily or permanently mentally or physically
such offence has been committed in the manner disabled, the Magistrate shall take the assistance of an
specified in sub-section (5), as soon as the commission interpreter or a special educator in recording the statement:
of the offence is brought to the notice of the police: Provided further that if the person making the statement is
Provided that such statement shall, as far as temporarily or permanently mentally or physically
practicable, be recorded by a woman Magistrate and disabled, the statement made by the person, with the
in her absence by a male Magistrate in the presence of assistance of an interpreter or a special educator, shall be
No a woman: video graphed.
equivalent Provided further that in cases relating to the offences (b) A statement recorded under clause (a) of a person, who
provision in punishable with imprisonment for ten years or more or is temporarily or permanently mentally or physically
previous with imprisonment for life or with death, the disabled, shall be considered a statement in lieu of
code Magistrate shall record the statement of the witness examination-in-chief, as specified in section 137 of the
brought before him by the police officer: Indian Evidence Act, 1872 (1 of 1872) such that the maker
Provided also that if the person making the statement of the statement can be cross-examined on such statement,
is temporarily or permanently, mentally or physically without the need for recording the same at the time of trial.]
disabled, the Magistrate shall take the assistance of an (6) The Magistrate recording a confession or statement
interpreter or a special educator in recording the under this section shall forward it to the Magistrate by
statement: whom the case is to be inquired into or tried.
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. Medical (1) Where, during the stage when an offence of 164A. (1) Where, during the stage when an offence of committing
examination committing rape or attempt to commit rape is under Medical rape or attempt to commit rape is under investigation, it is
of victim of investigation, it is proposed to get the person of the examination proposed to get the person of the woman with whom rape
rape woman with whom rape is alleged or attempted to of victim of is alleged or attempted to have been committed or
have been committed or attempted, examined by a rape attempted, examined by a medical expert, such
medical expert, such examination shall be conducted examination shall be conducted by a registered medical
by a registered medical practitioner employed in a practitioner employed in a hospital run by the Government
hospital run by the Government or a local authority or a local authority and in the absence of such a
and in the absence of such a practitioner, by any other practitioner, by any other registered medical practitioner,
registered medical practitioner, with the consent of with the consent of such woman or of a person competent
such woman or of a person competent to give such to give such consent on her behalf and such woman shall
consent on her behalf and such woman shall be sent to be sent to such registered medical practitioner within
such registered medical practitioner within twenty- twenty-four hours from the time of receiving the
four hours from the time of receiving the information information relating to the commission of such offence.
relating to the commission of such offence. (2) The registered medical practitioner, to whom such
(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person
woman is sent, shall, without delay, examine her and prepare a report of his examination giving the
person and prepare a report of his examination giving following particulars, namely:—
the following particulars, namely:— (i) the name and address of the woman and of the person
by whom she was brought;
(i) the name and address of the woman and of the (ii) the age of the woman;
person by whom she was brought; (iii) the description of material taken from the person of the
(ii) the age of the woman; woman for DNA profiling;
(iii) the description of material taken from the person (iv) marks of injury, if any, on the person of the woman;
of the woman for DNA profiling; (v) general mental condition of the woman; and
(iv) marks of injury, if any, on the person of the (vi) other material particulars in reasonable detail.
woman; (3) The report shall state precisely the reasons for each
(v) general mental condition of the woman; and conclusion arrived at.
(vi) other material particulars in reasonable detail. (4) The report shall specifically record that the consent of
(3) The report shall state precisely the reasons for each the woman or of the person competent to give such consent
conclusion arrived at. on her behalf to such examination had been obtained.
(4) The report shall specifically record that the consent (5) The exact time of commencement and completion of
of the woman or of the person competent to give such the examination shall also be noted in the report.
consent on her behalf to such examination had been (6) The registered medical practitioner shall, without delay
obtained. forward the report to the investigating officer who shall
(5) The exact time of commencement and completion forward it to the Magistrate referred to in section 173 as
of the examination shall also be noted in the report. part of the documents referred to in clause (a) of sub-
(6) The registered medical practitioner shall, within a section (5) of that section.
period of seven days forward the report to the (7) Nothing in this section shall be construed as rendering
investigating officer who shall forward it to the lawful any examination without the consent of the woman
Magistrate referred to in section 193 as part of the or of any person competent to give such consent on her
documents referred to in clause (a) of sub-section (6) behalf.
of that section. Explanation.—For the purposes of this section,
(7) Nothing in this section shall be construed as “examination” and “registered medical practitioner” shall
rendering lawful any examination without the consent have the same meanings as in section 53.]
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. Search (1) Whenever an officer in charge of a police station 165. Search (1) Whenever an officer in charge of a police station or a
by police or a police officer making an investigation has by police police officer making an investigation has reasonable
officer reasonable grounds for believing that anything officer grounds for believing that anything necessary for the
necessary for the purposes of an investigation into any purposes of an investigation into any offence which he is
offence which he is authorised to investigate may be authorised to investigate may be found in any place within
found in any place within the limits of the police the limits of the police station of which he is in charge, or
station of which he is in charge, or to which he is to which he is attached, and that such thing cannot in his
attached, and that such thing cannot in his opinion be opinion be otherwise obtained without undue delay, such
otherwise obtained without undue delay, such officer officer may, after recording in writing the grounds of his
may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the
belief in the case-diary and specifying in such writing, thing for which search is to be made, search, or cause
so far as possible, the thing for which search is to be search to be made, for such thing in any place within the
made, search, or cause search to be made, for such limits of such station.
thing in any place within the limits of such station. (2) A police officer proceeding under sub-section (1), shall,
(2) A police officer proceeding under sub-section (1), if practicable, conduct the search in person.
No shall, if practicable, conduct the search in person: (3) If he is unable to conduct the search in person, and there
equivalent Provided that the search conducted under this section is no other person competent to make the search present at
provision in shall be recorded through audio-video electronic the time, he may, after recording in writing his reasons for
previous means preferably by mobile phone. so doing, require any officer subordinate to him to make
code (3) If he is unable to conduct the search in person, and the search, and he shall deliver to such subordinate officer
there is no other person competent to make the search an order in writing, specifying the place to be searched, and
present at the time, he may, after recording in writing so far as possible, the thing for which search is to be made;
his reasons for so doing, require any officer and such subordinate officer may thereupon search for
subordinate to him to make the search, and he shall such thing in such place.
deliver to such subordinate officer an order in writing, (4) The provisions of this Code as to search-warrants and
specifying the place to be searched, and so far as the general provisions as to searches contained in section
possible, the thing for which search is to be made; and 100 shall, so far as may be, apply to a search made under
such subordinate officer may thereupon search for this section.
such thing in such place. (5) Copies of any record made under sub-section (1) or
(4) The provisions of this Sanhita as to search- sub-section (3) shall forthwith be sent to the nearest
warrants and the general provisions as to searches Magistrate empowered to take cognizance of the offence,
and the owner or occupier of the place searched shall, on
 contained in section 103 shall, so far as may be, apply application, be furnished, free of cost, with a copy of the
to a search made under this section. same by the Magistrate.
(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. When (1) An officer in charge of a police station or a police 166. When (1) An officer in charge of a police station or a police
officer in officer not being below the rank of sub-inspector officer in officer not being below the rank of sub-inspector making
charge of making an investigation may require an officer in charge of an investigation may require an officer in charge of another
police station charge of another police station, whether in the same Police police station, whether in the same or a different district, to
may require or a different district, to cause a search to be made in station cause a search to be made in any place, in any case in which
another to any place, in any case in which the former officer may require the former officer might cause such search to be made,
issue search might cause such search to be made, within the limits another to within the limits of his own station.
warrant of his own station. issue search (2) Such officer, on being so required, shall proceed
(2) Such officer, on being so required, shall proceed warrant according to the provisions of section 165, and shall
according to the provisions of section 185, and shall forward the thing found, if any, to the officer at whose
forward the thing found, if any, to the officer at whose request the search was made.
request the search was made. (3) Whenever there is reason to believe that the delay
(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another
occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-
police station to cause a search to be made under sub- section (1) might result in evidence of the commission of
section (1) might result in evidence of the commission an offence being concealed or destroyed, it shall be lawful
of an offence being concealed or destroyed, it shall be for an officer in charge of a police station or a police officer
lawful for an officer in charge of a police station or a making any investigation under this Chapter to search, or
police officer making any investigation under this cause to be searched, any place in the limits of another
Chapter to search, or cause to be searched, any place police station in accordance with the provisions of section
in the limits of another police station in accordance 165, as if such place were within the limits of his own
with the provisions of section 185, as if such place police station.
were within the limits of his own police station.
 (4) Any officer conducting a search under sub-section (4) Any officer conducting a search under sub-section (3)
(3) shall forthwith send notice of the search to the shall forthwith send notice of the search to the officer in
officer in charge of the police station within the limits charge of the police station within the limits of which such
of which such place is situate, and shall also send with place is situate, and shall also send with such notice a copy
such notice a copy of the list (if any) prepared under of the list (if any) prepared under section 100, and shall
section 103, and shall also send to the nearest also send to the nearest Magistrate empowered to take
Magistrate empowered to take cognizance of the cognizance of the offence, copies of the records referred to
offence, copies of the records referred to in sub- in sub-sections (1) and (3) of section 165.
sections (1) and (3) of section 185. (5) The owner or occupier of the place searched shall, on
(5) The owner or occupier of the place searched shall, application, be furnished free of cost with a copy of any
on application, be furnished free of cost with a copy of record sent to the Magistrate under sub-section (4).
any record sent to the Magistrate under sub-section
(4).
187. (1) Whenever any person is arrested and detained in 167. (1) Whenever any person is arrested and detained in
Procedure custody, and it appears that the investigation cannot be Procedure custody, and it appears that the investigation cannot be
when completed within the period of twenty-four hours When completed within the period of twenty-four hours fixed by
investigation fixed by section 58, and there are grounds for investigatio section 57, and there are grounds for believing that the
cannot be believing that the accusation or information is well- n cannot be accusation or information is well founded, the officer in
completed in founded, the officer in charge of the police station or completed charge of the police station or the police officer making the
twenty-four the police officer making the investigation, if he is not in twenty- investigation, if he is not below the rank of sub-inspector,
hours below the rank of sub-inspector, shall forthwith four hours shall forthwith transmit to the nearest Judicial Magistrate a
transmit to the nearest Magistrate a copy of the entries copy of the entries in the diary hereinafter prescribed
in the diary hereinafter specified relating to the case, relating to the case, and shall at the same time forward the
and shall at the same time forward the accused to such accused to such Magistrate.
Magistrate. (2) The Magistrate to whom an accused person is
(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has
forwarded under this section may, irrespective of not jurisdiction to try the case, from time to time, authorise
whether he has or has no jurisdiction to try the case, the detention of the accused in such custody as such
after taking into consideration whether such person Magistrate thinks fit, for a term not exceeding fifteen days
has not been released on bail or his bail has been in the whole; and if he has no jurisdiction to try the case
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 or commit it for trial, and considers further detention
whole, or in parts, at any time during the initial forty unnecessary, he may order the accused to be forwarded to
days or sixty days out of detention period of sixty days a Magistrate having such jurisdiction:
or ninety days, as the case may be, as provided in sub- Provided that—
section (3), and if he has no jurisdiction to try the case [(a) the Magistrate may authorise the detention of the
or commit it for trial, and considers further detention accused person, otherwise than in custody of the police,
unnecessary, he may order the accused to be beyond the period of fifteen days, if he is satisfied that
forwarded to a Magistrate having such jurisdiction. adequate grounds exist for doing so, but no Magistrate
(3) The Magistrate may authorise the detention of the shall authorise the detention of the accused person in
accused person, beyond the period of fifteen days, if custody under this paragraph for a total period
he is satisfied that adequate grounds exist for doing so, exceeding—
but no Magistrate shall authorise the detention of the (i) ninety days, where the investigation relates to an
accused person in custody under this sub-section for a offence punishable with death, imprisonment for life or
total period exceeding— imprisonment for a term of not less than ten years;
(i) ninety days, where the investigation relates to an (ii) sixty days, where the investigation relates to any other
offence punishable with death, imprisonment for life offence, and, on the expiry of the said period of ninety
or imprisonment for a term of ten years or more; days, or sixty days, as the case may be, the accused person
(ii) sixty days, where the investigation relates to any shall be released on bail if he is prepared to and does
other offence, and, on the expiry of the said period of furnish bail, and every person released on bail under this
ninety days, or sixty days, as the case may be, the sub-section shall be deemed to be so released under the
accused person shall be released on bail if he is provisions of Chapter XXXIII for the purposes of that
prepared to and does furnish bail, and every person Chapter;]
released on bail under this sub-section shall be deemed [(b) no Magistrate shall authorise detention of the accused
to be so released under the provisions of Chapter in custody of the police under this section unless the
XXXV for the purposes of that Chapter. accused is produced before him in person for the first time
(4) No Magistrate shall authorise detention of the and subsequently every time till the accused remains in the
accused in custody of the police under this section custody of the police, but the Magistrate may extend
unless the accused is produced before him in person further detention in judicial custody on production of the
for the first time and subsequently every time till the accused either in person or through the medium of
accused remains in the custody of the police, but the electronic video linkage;]
(c) no Magistrate of the second class, not specially
empowered in this behalf by the High Court, shall
 Magistrate may extend further detention in judicial authorise detention in the custody of the police.
custody on production of the accused either in person [Explanation I.—For the avoidance of doubts, it is hereby
or through the audio-video electronic means. declared that, notwithstanding the expiry of the
(5) No Magistrate of the second class, not specially period specified in paragraph (a), the accused shall be
empowered in this behalf by the High Court, shall detained in custody so long as he does not furnish bail.]
authorise detention in the custody of the police. [Explanation II.—If any question arises whether an
Explanation I.—For the avoidance of doubts, it is accused person was produced before the Magistrate as
hereby declared that, notwithstanding the expiry of the required under clause (b), the production of the accused
period specified in sub-section (3), the accused shall person may be proved by his signature on the order
be detained in custody so long as he does not furnish authorising detention or by the order certified by the
bail. Magistrate as to production of the accused person through
Explanation II.—If any question arises whether an the medium of electronic video linkage, as the case may
accused person was produced before the Magistrate as be.]
required under sub-section (4), the production of the [Provided further that in case of a woman under eighteen
accused person may be proved by his signature on the years of age, the detention shall be authorised to be in the
order authorising detention or by the order certified by custody of a remand home or recognised social institution.]
the Magistrate as to production of the accused person [(2A) Notwithstanding anything contained in sub-section
through the audio-video electronic means, as the case (1) or sub-section (2), the officer in charge of the police
may be: station or the police officer making the investigation, if he
Provided that in case of a woman under eighteen years is not below the rank of a sub-inspector, may, where a
of age, the detention shall be authorised to be in the Judicial Magistrate is not available, transmit to the nearest
custody of a remand home or recognised social Executive Magistrate, on whom the powers of a Judicial
institution: Magistrate or Metropolitan Magistrate have been
No Provided further that no person shall be detained conferred, a copy of the entry in the diary hereinafter
equivalent otherwise than in police station under police custody prescribed relating to the case, and shall, at the same time,
provision in or in prison under judicial custody or a place declared forward the accused to such Executive Magistrate, and
previous as prison by the Central Government or the State thereupon such Executive Magistrate, may, for reasons to
code Government. be recorded in writing, authorise the detention of the
(6) Notwithstanding anything contained in sub-section accused person in such custody as he may think fit for a
(1) to sub-section (5), the officer in charge of the term not exceeding seven days in the aggregate; and, on
police station or the police officer making the the expiry of the period of detention so authorised, the
investigation, if he is not below the rank of a sub- accused person shall be released on bail except where an
inspector, may, where a Magistrate is not available, order for further detention of the accused person has been
transmit to the nearest Executive Magistrate, on whom made by a Magistrate competent to make such order; and,
the powers of a Magistrate have been conferred, a where an order for such further detention is made, the
copy of the entry in the diary hereinafter specified period during which the accused person was detained in
relating to the case, and shall, at the same time, custody under the orders made by an Executive Magistrate
forward the accused to such Executive Magistrate, and under this sub-section, shall be taken into account in
thereupon such Executive Magistrate, may, for computing the period specified in paragraph (a) of the
reasons to be recorded in writing, authorise the proviso to sub-section (2):
detention of the accused person in such custody as he Provided that before the expiry of the period aforesaid, the
may think fit for a term not exceeding seven days in Executive Magistrate shall transmit to the nearest
the aggregate; and, on the expiry of the period of Judicial Magistrate the records of the case together with a
detention so authorised, the accused person shall be copy of the entries in the diary relating to the case which
released on bail except where an order for further was transmitted to him by the officer in charge of the police
detention of the accused person has been made by a station or the police officer making the investigation, as
Magistrate competent to make such order; and, where the case may be.]
an order for such further detention is made, the period (3) A Magistrate authorising under this section detention in
during which the accused person was detained in the custody of the police shall record his reasons for so
custody under the orders made by an Executive doing.
Magistrate under this sub-section, shall be taken into (4) Any Magistrate other than the Chief Judicial Magistrate
account in computing the period specified in sub- making such order shall forward a copy of his order, with
section (3): his reasons for making it, to the Chief Judicial Magistrate.
Provided that before the expiry of the period aforesaid, (5) If in any case triable by a Magistrate as a summons-
the Executive Magistrate shall transmit to the nearest case, the investigation is not concluded within a period of
Judicial Magistrate the records of the case together six months from the date on which the accused was
with a copy of the entries in the diary relating to the arrested, the Magistrate shall make an order stopping
case which was transmitted to him by the officer in further investigation into the offence unless the officer
charge of the police station or the police officer making the investigation satisfies the Magistrate that for
making the investigation, as the case may be. special reasons and in the interests of justice the
(7) A Magistrate authorising under this section continuation of the investigation beyond the period of six
detention in the custody of the police shall record his months is necessary.
reasons for so doing. (6) Where any order stopping further investigation into an
offence has been made under sub-section (5), the Sessions
 (8) Any Magistrate other than the Chief Judicial Judge may, if he is satisfied, on an application made to him
Magistrate making such order shall forward a copy of or otherwise, that further investigation into the offence
his order, with his reasons for making it, to the Chief ought to be made, vacate the order made under sub-section
Judicial Magistrate. (5) and direct further investigation to be made into the
(9) If in any case triable by a Magistrate as a offence subject to such directions with regard to bail and
summons-case, the investigation is not concluded other matters as he may specify.
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. Report When any subordinate police officer has made any 168. Report When any subordinate police officer has made any
of investigation under this Chapter, he shall report the of investigation under this Chapter, he shall report the result
investigation result of such investigation to the officer in charge of investigatio of such investigation to the officer in charge of the police
by the police station. n by station.
subordinate subordinate
police officer police
officer
189. Release If, upon an investigation under this Chapter, it appears 169. If, upon an investigation under this Chapter, it appears to
of accused to the officer in charge of the police station that there Release of the officer in charge of the police station that there is not
is not sufficient evidence or reasonable ground of accused sufficient evidence or reasonable ground of suspicion to
when suspicion to justify the forwarding of the accused to a when justify the forwarding of the accused to a Magistrate, such
evidence Magistrate, such officer shall, if such person is in evidence officer shall, if such person is in custody, release him on
deficient custody, release him on his executing a bond or bail deficient his executing a bond, with or without sureties, as such
bond, as such officer may direct, to appear, if and officer may direct, to appear, if and when so required,
when so required, before a Magistrate empowered to before a Magistrate empowered to take cognizance of the
take cognizance of the offence on a police report, and offence on a police report, and to try the accused or commit
to try the accused or commit him for trial. him for trial.
190. Cases to (1) If, upon an investigation under this Chapter, it 170. Cases (1) If, upon an investigation under this Chapter, it appears
be sent to appears to the officer in charge of the police station to be sent to to the officer in charge of the police station that there is
Magistrate, that there is sufficient evidence or reasonable ground Magistrate, sufficient evidence or reasonable ground as aforesaid, such
When as aforesaid, such officer shall forward the accused when officer shall forward the accused under custody to a
evidence under custody to a Magistrate empowered to take evidence is Magistrate empowered to take cognizance of the offence
is sufficient cognizance of the offence upon a police report and to sufficient upon a police report and to try the accused or commit him
try the accused or commit him for trial, or, if the for trial, or, if the offence is bailable and the accused is able
offence is bailable and the accused is able to give to give security, shall take security from him for his
security, shall take security from him for his appearance before such Magistrate on a day fixed and for
appearance before such Magistrate on a day fixed and his attendance from day to day before such Magistrate until
for his attendance from day to day before such otherwise directed.
Magistrate until otherwise directed: (2) When the officer in charge of a police station forwards
Provided that if the accused is not in custody, the an accused person to a Magistrate or takes security for his
No police officer shall take security from such person for appearance before such Magistrate under this section, he
equivalent his appearance before the Magistrate and the shall send to such Magistrate any weapon or other article
provision in Magistrate to whom such report is forwarded shall not which it may be necessary to produce before him, and shall
previous refuse to accept the same on the ground that the require the complainant (if any) and so many of the persons
code accused is not taken in custody. who appear to such officer to be acquainted with the facts
(2) When the officer in charge of a police station and circumstances of the case as he may think necessary,
forwards an accused person to a Magistrate or takes to execute a bond to appear before the Magistrate as
security for his appearance before such Magistrate thereby directed and prosecute or give evidence (as the
under this section, he shall send to such Magistrate any case may be) in the matter of the charge against the
weapon or other article which it may be necessary to accused.
produce before him, and shall require the complainant (3) If the Court of the Chief Judicial Magistrate is
(if any) and so many of the persons who appear to such mentioned in the bond, such Court shall be held to include
 officer to be acquainted with the facts and any Court to which such Magistrate may refer the case for
circumstances of the case as he may think necessary, inquiry or trial, provided reasonable notice of such
to execute a bond to appear before the Magistrate as reference is given to such complainant or persons.
thereby directed and prosecute or give evidence (as the (4) The officer in whose presence the bond is executed
case may be) in the matter of the charge against the shall deliver a copy thereof to one of the persons who
accused. executed it, and shall then send to the Magistrate the
(3) If the Court of the Chief Judicial Magistrate is original with his report.
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 171. No complainant or witness on his way to any Court shall
Complainant shall be required to accompany a police officer, or Complainan be required to accompany a police officer, or shall be
and witnesses shall be subjected to unnecessary restraint or t and subjected to unnecessary restraint or inconvenience, or
not to be inconvenience, or required to give any security for his witnesses required to give any security for his appearance other than
required to appearance other than his own bond: not to be his own bond:
accompany Provided that if any complainant or witness refuses to required to Provided that, if any complainant or witness refuses to
police officer attend or to execute a bond as directed in section 190, accompany attend or to execute a bond as directed in section 170, the
and not to be the officer in charge of the police station may forward police officer in charge of the police station may forward him in
subject to him in custody to the Magistrate, who may detain him officer custody to the Magistrate, who may detain him in custody
restraint in custody until he executes such bond, or until the and not to until he executes such bond, or until the hearing of the case
hearing of the case is completed. be subject is completed.
to restraint
192. Diary of (1) Every police officer making an investigation under 172. Diary (1) Every police officer making an investigation under this
proceedings this Chapter shall day by day enter his proceedings in of Chapter shall day by day enter his proceedings in the
in the investigation in a diary, setting forth the time at proceedings investigation in a diary, setting forth the time at which the
investigation which the information reached him, the time at which in information reached him, the time at which he began and
he began and closed his investigation, the place or investigatio closed his investigation, the place or places visited by him,
places visited by him, and a statement of the n and a statement of the circumstances ascertained through
circumstances ascertained through his investigation. his investigation.
(2) The statements of witnesses recorded during the [(1A) The statements of witnesses recorded during the
course of investigation under section 180 shall be course of investigation under section 161 shall be inserted
inserted in the case diary. in the case diary.
(3) The diary referred to in sub-section (1) shall be a (1B) The diary referred to in sub-section (1) shall be a
volume and duly paginated. volume and duly paginated.]
(4) Any Criminal Court may send for the police diaries (2) Any Criminal Court may send for the police diaries of
of a case under inquiry or trial in such Court, and may a case under inquiry or trial in such Court, and may use
use such diaries, not as evidence in the case, but to aid such diaries, not as evidence in the case, but to aid it in
it in such inquiry or trial. such inquiry or trial.
(5) Neither the accused nor his agents shall be entitled (3) Neither the accused nor his agents shall be entitled to
to call for such diaries, nor shall he or they be entitled call for such diaries, nor shall he or they be entitled to see
to see them merely because they are referred to by the them merely because they are referred to by the Court; but,
Court; but, if they are used by the police officer who if they are used by the police officer who made them to
made them to refresh his memory, or if the Court uses refresh his memory, or if the Court uses them for the
them for the purpose of contradicting such police purpose of contradicting such police officer, the provisions
officer, the provisions of section 148 or section 164, as of section 161 or section 145, as the case may be, of the
the case may be, of the Bharatiya Sakshya Adhiniyam, Indian Evidence Act, 1872 (1 of 1872), shall apply.
2023, shall apply.
193. Report (1) Every investigation under this Chapter shall be 173. Report (1) Every investigation under this Chapter shall be
of police completed without unnecessary delay. of police completed without unnecessary delay.
officer (2) The investigation in relation to an offence under officer on [(1A) The investigation in relation to [an offence under
on sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya completion sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA,
completion Nyaya Sanhita, 2023 or under sections 4, 6, 8 or of 376DB or 376E] from the date on which the information
of section 10 of the Protection of Children from Sexual investigatio was recorded by the officer in charge of the police station.]
investigation Offences Act, 2012 shall be completed within two n (2) (i) As soon as it is completed, the officer in charge of
months from the date on which the information was the police station shall forward to a Magistrate empowered
recorded by the officer in charge of the police station. to take cognizance of the offence on a police report, a
 (3) (i) As soon as the investigation is completed, the report in the form prescribed by the State Government,
officer in charge of the police station shall forward, stating—
including through electronic communication to a (a) the names of the parties;
Magistrate empowered to take cognizance of the (b) the nature of the information;
offence on a police report, a report in the form as the (c) the names of the persons who appear to be acquainted
State Government may, by rules provide, stating— with the circumstances of the case;
(a) the names of the parties; (d) whether any offence appears to have been committed
(b) the nature of the information; and, if so, by whom;
(c) the names of the persons who appear to be (e) whether the accused has been arrested;
acquainted with the circumstances (f) whether he has been released on his bond and, if so,
of the case; whether with or without sureties;
(d) whether any offence appears to have been (g) whether he has been forwarded in custody under
committed and, if so, by whom; section 170.
(e) whether the accused has been arrested; [(h) whether the report of medical examination of the
(f) whether the accused has been released on his bond woman has been attached where investigation relates to an
or bail bond; offence under 2[ sections 376, 376A, 376AB, 376B, 376C,
(g) whether the accused has been forwarded in custody 376D, 376DA, 376DB] or section 376E of the Indian
under section 190; Penal Code (45 of 1860)].]
(h) whether the report of medical examination of the (ii) The officer shall also communicate, in such manner as
woman has been attached where investigation relates may be prescribed by the State Government, the action
to an offence under sections 64, 65, 66, 67, 68, 70 or taken by him, to the person, if any, by whom the
section 71 of the Bharatiya Nyaya Sanhita, 2023; information relating to the commission of the offence was
No (i) the sequence of custody in case of electronic first given.
equivalent device; (3) Where a superior officer of police has been appointed
provision in (ii) the police officer shall, within a period of ninety under section 158, the report shall, in any case in which the
previous days, inform the progress of the investigation by any State Government by general or special order so directs, be
code means including through electronic communication to submitted through that officer, and he may, pending the
the informant or the victim; orders of the Magistrate, direct the officer in charge of the
(iii) the officer shall also communicate, in such police station to make further investigation.
manner as the State Government may, by rules, (4) Whenever it appears from a report forwarded under this
provide, the action taken by him, to the person, if any, section that the accused has been released on his bond, the
by whom the information relating to the commission Magistrate shall make such order for the discharge of such
of the offence was first given. bond or otherwise as he thinks fit.
(4) Where a superior officer of police has been (5) When such report is in respect of a case to which
appointed under section 177, the report shall, in any section 170 applies, the police officer shall forward to the
case in which the State Government by general or Magistrate along with the report—
special order so directs, be submitted through that (a) all documents or relevant extracts thereof on which the
officer, and he may, pending the orders of the prosecution proposes to rely other than those already sent
Magistrate, direct the officer in charge of the police to the Magistrate during investigation;
station to make further investigation. (b) the statements recorded under section 161 of all the
(5) Whenever it appears from a report forwarded under persons whom the prosecution proposes to examine as its
this section that the accused has been released on his witnesses.
bond or bail bond, the Magistrate shall make such (6) If the police officer is of opinion that any part of any
order for the discharge of such bond or bail bond or such statement is not relevant to the subject-matter of the
otherwise as he thinks fit. proceedings or that its disclosure to the accused is not
(6) When such report is in respect of a case to which essential in the interests of justice and is inexpedient in the
section 190 applies, the police officer shall forward to public interest, he shall indicate that part of the statement
the Magistrate along with the report— and append a note requesting the Magistrate to exclude that
(a) all documents or relevant extracts thereof on which part from the copies to be granted to the accused and
the prosecution proposes to rely other than those stating his reasons for making such request.
already sent to the Magistrate during investigation; (7) Where the police officer investigating the case finds it
(b) the statements recorded under section 180 of all the convenient so to do, he may furnish to the accused copies
persons whom the prosecution proposes to examine as of all or any of the documents referred to in sub-section
its witnesses. (5).
(7) If the police officer is of opinion that any part of (8) Nothing in this section shall be deemed to preclude
any such statement is not relevant to the subject matter further investigation in respect of an offence after a report
of the proceedings or that its disclosure to the accused under sub-section (2) has been forwarded to the Magistrate
is not essential in the interests of justice and is and, where upon such investigation, the officer in charge
inexpedient in the public interest, he shall indicate that of the police station obtains further evidence, oral or
part of the statement and append a note requesting the documentary, he shall forward to the Magistrate a further
Magistrate to exclude that part from the copies to be report or reports regarding such evidence in the form
granted to the accused and stating his reasons for prescribed; and the provisions of sub-sections (2) to (6)
making such request. shall, as far as may be, apply in relation to such report or
No (8) Subject to the provisions contained in sub-section reports as they apply in relation to a report forwarded under
equivalent (7), the police officer investigating the case shall also sub-section (2).
provision in submit such number of copies of the police report
previous along with other documents duly indexed to the
code 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
No forwarded under sub-section (3):
equivalent Provided that further investigation during the trial may
provision in be conducted with the permission of the Court trying
previous the case and the same shall be completed within a
code period of ninety days which may be extended with the
permission of the Court.
194. Police to (1) When the officer in charge of a police station or 174. Police (1) When the officer in charge of a police station or some
enquire and some other police officer specially empowered by the to enquire other police officer specially empowered by the State
report on State Government in that behalf receives information and Government in that behalf receives information that a
suicide, etc that a person has committed suicide, or has been killed report on person has committed suicide, or has been killed by
by another or by an animal or by machinery or by an suicide, etc another or by an animal or by machinery or by an accident,
accident, or has died under circumstances raising a or has died under circumstances raising a reasonable
reasonable suspicion that some other person has suspicion that some other person has committed an
committed an offence, he shall immediately give offence, he shall immediately give intimation thereof to the
intimation thereof to the nearest Executive Magistrate nearest Executive Magistrate empowered to hold inquests,
empowered to hold inquests, and, unless otherwise and, unless otherwise directed by any rule prescribed by
directed by any rule made by the State Government, the State Government, or by any general or special order
or by any general or special order of the District or of the District or Sub-divisional Magistrate, shall proceed
Sub-divisional Magistrate, shall proceed to the place to the place where the body of such deceased person is, and
where the body of such deceased person is, and there, there, in the presence of two or more respectable
in the presence of two or more respectable inhabitants inhabitants of the neighbourhood, shall make an
of the neighbourhood, shall make an investigation, and investigation, and draw up a report of the apparent cause
draw up a report of the apparent cause of death, of death, describing such wounds, fractures, bruises, and
describing such wounds, fractures, bruises, and other other marks of injury as may be found on the body, and
marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument
stating in what manner, or by what weapon or (if any); such marks appear to have been inflicted.
instrument (if any), such marks appear to have been (2) The report shall be signed by such police officer and
inflicted. other persons, or by so many of them as concur therein, and
(2) The report shall be signed by such police officer shall be forthwith forwarded to the District Magistrate or
and other persons, or by so many of them as concur the Sub-divisional Magistrate.
therein, and shall be forwarded to the District (3) [When—
Magistrate or the Sub-divisional Magistrate within (i) the case involves suicide by a woman within seven years
twenty-four hours. of her marriage; or
(3) When— (ii) the case relates to the death of a woman within seven
(i) the case involves suicide by a woman within seven years of her marriage in any circumstances raising a
years of her marriage; or reasonable suspicion that some other person committed an
(ii) the case relates to the death of a woman within offence in relation to such woman; or
seven years of her marriage in any circumstances (iii) the case relates to the death of a woman within seven
raising a reasonable suspicion that some other person years of her marriage and any relative of the woman has
committed an offence in relation to such woman; or made a request in this behalf; or
(iii) the case relates to the death of a woman within (iv) there is any doubt regarding the cause of death; or
seven years of her marriage and any relative of the (v) the police officer for any other reason considers it
woman has made a request in this behalf; or expedient so to do, he shall], subject to such rules as the
(iv) there is any doubt regarding the cause of death; or State Government may prescribe in this behalf, forward the
 (v) the police officer for any other reason considers it body, with a view to its being examined, to the nearest
expedient so to do, he shall, subject to such rules as Civil Surgeon, or other qualified medical man appointed in
the State Government may prescribe in this behalf, this behalf by the State Government, if the state of the
forward the body, with a view to its being examined, weather and the distance admit of its being so forwarded
to the nearest Civil Surgeon, or other qualified medical without risk of such putrefaction on the road as would
person appointed in this behalf by the State render such examination useless.
Government, if the state of the weather and the (4) The following Magistrates are empowered to hold
distance admit of its being so forwarded without risk inquests, namely, any District Magistrate or Sub-divisional
of such putrefaction on the road as would render such Magistrate and any other Executive Magistrate specially
examination useless. empowered in this behalf by the State Government or the
(4) The following Magistrates are empowered to hold District Magistrate.
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. Power (1) A police officer proceeding under section 194 may, 175. Power (1) A police officer proceeding under section 174 may, by
to summon by order in writing, summon two or more persons as to summon order in writing, summon two or more persons as aforesaid
Persons aforesaid for the purpose of the said investigation, and persons for the purpose of the said investigation, and any other
any other person who appears to be acquainted with person who appears to be acquainted with the facts of the
the facts of the case and every person so summoned case and every person so summoned shall be bound to
shall be bound to attend and to answer truly all attend and to answer truly all questions other than
questions other than questions the answers to which questions the answers to which would have a tendency to
would have a tendency to expose him to a criminal expose him to a criminal charge or to a penalty or
charge or to a penalty or forfeiture: forfeiture.
Provided that no male person under the age of fifteen (2) If the facts do not disclose a cognizable offence to
No years or above the age of sixty years or a woman or a which section 170 applies, such persons shall not be
equivalent mentally or physically disabled person or a person required by the police officer to attend a Magistrate’s
provision in with acute illness shall be required to attend at any Court.
previous place other than the place where such person resides:
code 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. Inquiry (1) When the case is of the nature referred to in clause 176. Inquiry (1)[ when the case is of the nature referred to in clause (i)
by Magistrate (i) or clause (ii) of sub-section (3) of section 194, the by or clause (ii) of sub-section (3) of section 174], the nearest
into cause of nearest Magistrate empowered to hold inquests shall, Magistrate Magistrate empowered to hold inquests shall, and in any
death and in any other case mentioned in sub-section (1) of into cause other case mentioned in sub-section (1) of section 174, any
section 194, any Magistrate so empowered may hold of death Magistrate so empowered may hold an inquiry into the
an inquiry into the cause of death either instead of, or cause of death either instead of, or in addition to, the
in addition to, the investigation held by the police investigation held by the police officer; and if he does so,
officer; and if he does so, he shall have all the powers he shall have all the powers in conducting it which he
in conducting it which he would have in holding an would have in holding an inquiry into an offence.
inquiry into an offence. [(1A) Where,—
(2) Where,— (a) any person dies or disappears, or
(a) any person dies or disappears; or (b) rape is alleged to have been committed on any woman,
(b) rape is alleged to have been committed on any while such person or woman is in the custody of the police
woman, while such person or woman is in the custody or in any other custody authorised by the Magistrate or the
of the police or in any other custody authorised by the Court, under this Code in addition to the inquiry or
Magistrate or the Court, under this Sanhita in addition investigation held by the police, an inquiry shall be held by
to the inquiry or investigation held by the police, an the Judicial Magistrate or the Metropolitan Magistrate, as
inquiry shall be held by the Magistrate within whose the case may be, within whose local jurisdiction the
local jurisdiction the offence has been committed. offence has been committed.]
(3) The Magistrate holding such an inquiry shall (2) The Magistrate holding such an inquiry shall record the
record the evidence taken by him in connection evidence taken by him in connection therewith in any
therewith in any manner hereinafter specified manner hereinafter prescribed according to the
according to the circumstances of the case. circumstances of the case.
(4) Whenever such Magistrate considers it expedient (3) Whenever such Magistrate considers it expedient to
to make an examination of the dead body of any make an examination of the dead body of any person who
person who has been already interred, in order to has been already interred, in order to discover the cause of
discover the cause of his death, the Magistrate may his death, the Magistrate may cause the body to be
cause the body to be disinterred and examined. disinterred and examined.
 (5) Where an inquiry is to be held under this section, (4) Where an inquiry is to be held under this section, the
the Magistrate shall, wherever practicable, inform the Magistrate shall, wherever practicable, inform the relatives
relatives of the deceased whose names and addresses of the deceased whose names and addresses are known,
are known, and shall allow them to remain present at and shall allow them to remain present at the inquiry.
the inquiry. [(5) The Judicial Magistrate or the Metropolitan Magistrate
(6) The Magistrate or the Executive Magistrate or the or Executive Magistrate or police officer holding an
police officer holding an inquiry or investigation inquiry or investigation, as the case may be, under sub-
under sub-section (2) shall, within twenty-four hours section (1A) shall, within twenty-four hours of the death of
of the death of a person, forward the body with a view a person, forward the body with a view to its being
to its being examined to the nearest Civil Surgeon or examined to the nearest Civil Surgeon or other qualified
other qualified medical person appointed in this behalf medical person appointed in this behalf by the State
by the State Government, unless it is not possible to Government, unless it is not possible to do so for reasons
do so for reasons to be recorded in writing. to be recorded in writing.]
Explanation.—In this section, the expression Explanation.—In this section, the expression “relative”
"relative" means parents, children, brothers, sisters means parents, children, brothers, sisters and spouse.
and spouse.
197. Every offence shall ordinarily be inquired into and 177. Every offence shall ordinarily be inquired into and tried by
Ordinary tried by a Court within whose local jurisdiction it was Ordinary a Court within whose local jurisdiction it was committed.
place of committed. place of
inquiry and inquiry and
trial trial
198. Place of (a) When it is uncertain in which of several local areas 178. Place (a) When it is uncertain in which of several local areas an
inquiry or an offence was committed; or of inquiry offence was committed, or
trial (b) where an offence is committed partly in one local or trial (b) where an offence is committed partly in one local area
area and partly in another; or and partly in another, or
(c) where an offence is a continuing one, and continues (c) where an offence is a continuing one, and continues to
to be committed in more local areas than one; or be committed in more local areas than one, or
(d) where it consists of several acts done in different (d) where it consists of several acts done in different local
local areas, it may be inquired into or tried by a Court areas, it may be inquired into or tried by a Court having
having jurisdiction over any of such local areas. jurisdiction over any of such local areas.
199. Offence When an act is an offence by reason of anything which 179. When an act is an offence by reason of anything which has
triable where has been done and of a consequence which has ensued, Offence been done and of a consequence which has ensued, the
act is done or the offence may be inquired into or tried by a Court triable offence may be inquired into or tried by a Court within
consequence within whose local jurisdiction such thing has been where act is whose local jurisdiction such thing has been done or such
ensues. done or such consequence has ensued. done or consequence has ensued.
consequenc
e ensues.
200. Place of When an act is an offence by reason of its relation to 180. Place When an act is an offence by reason of its relation to any
trial where any other act which is also an offence or which would of trial other act which is also an offence or which would be an
act is an be an offence if the doer were capable of committing where act is offence if the doer were capable of committing an offence,
offence by an offence, the first-mentioned offence may be an offence the first-mentioned offence may be inquired into or tried
reason of inquired into or tried by a Court within whose local by reason of by a Court within whose local jurisdiction either act was
relation to jurisdiction either act was done. relation to done.
other offence other
offence
201. Place of (1) Any offence of dacoity, or of dacoity with murder, 181. Place (1) Any offence of being a thug, or murder committed by a
trial in case of belonging to a gang of dacoits, or of escaping from of trial in thug, of dacoity, of dacoity with murder, of belonging to a
of certain custody, may be inquired into or tried by a Court case of gang of dacoits, or of escaping from custody, may be
offences within whose local jurisdiction the offence was certain inquired into or tried by a Court within whose local
committed or the accused person is found. offences jurisdiction the offence was committed or the accused
(2) Any offence of kidnapping or abduction of a person is found.
person may be inquired into or tried by a Court within (2) Any offence of kidnapping or abduction of a person
whose local jurisdiction the person was kidnapped or may be inquired into or tried by a Court within whose local
abducted or was conveyed or concealed or detained. jurisdiction the person was kidnapped or abducted or was
(3) Any offence of theft, extortion or robbery may be conveyed or concealed or detained.
inquired into or tried by a Court within whose local (3) Any offence of theft, extortion or robbery may be
jurisdiction the offence was committed or the stolen inquired into or tried by a Court within whose local
property which is the subject of the offence was jurisdiction the offence was committed or the stolen
possessed by any person committing it or by any property which is the subject of the offence was possessed
person who received or retained such property by any person committing it or by any person who received
knowing or having reason to believe it to be stolen or retained such property knowing or having reason to
property. believe it to be stolen property.
(4) Any offence of criminal misappropriation or of (4) Any offence of criminal misappropriation or of
criminal breach of trust may be inquired into or tried criminal breach of trust may be inquired into or tried by a
 by a Court within whose local jurisdiction the offence Court within whose local jurisdiction the offence was
was committed or any part of the property which is the committed or any part of the property which is the subject
subject of the offence was received or retained, or was of the offence was received or retained, or was required to
required to be returned or accounted for, by the be returned or accounted for, by the accused person.
accused person. (5) Any offence which includes the possession of stolen
(5) Any offence which includes the possession of property may be inquired into or tried by a Court within
stolen property may be inquired into or tried by a whose local jurisdiction the offence was committed or the
Court within whose local jurisdiction the offence was stolen property was possessed by any person who received
committed or the stolen property was possessed by or retained it knowing or having reason to believe it to be
any person who received or retained it knowing or stolen property.
having reason to believe it to be stolen property.
202. (1) Any offence which includes cheating, may, if the 182. (1) Any offence which includes cheating may, if the
Offences deception is practised by means of electronic Offences deception is practised by means of letters or
committed by communications or letters or telecommunication committed telecommunication messages, be inquired into or tried by
means of messages, be inquired into or tried by any Court within by letters, any Court within whose local jurisdiction such letters or
electronic whose local jurisdiction such electronic etc messages were sent or were received; and any offence of
communicati communications or letters or messages were sent or cheating and dishonestly inducing delivery of property
ons, letters, were received; and any offence of cheating and may be inquired into or tried by a Court within whose local
etc. dishonestly inducing delivery of property may be jurisdiction the property was delivered by the person
inquired into or tried by a Court within whose local deceived or was received by the accused person.
jurisdiction the property was delivered by the person (2) Any offence punishable under section 494 or section
deceived or was received by the accused person. 495 of the Indian Penal Code (45 of 1860) may be inquired
(2) Any offence punishable under section 82 of the into or tried by a Court within whose local jurisdiction the
Bharatiya Nyaya Sanhita, 2023 may be inquired into offence was committed or the offender last resided with his
or tried by a Court within whose local jurisdiction the or her spouse by the first marriage [, or the wife by the first
offence was committed or the offender last resided marriage has taken up permanent residence after the
with his or her spouse by the first marriage, or the wife commission of the offence].
by the first marriage has taken up permanent residence
after the commission of the offence.
203. Offence When an offence is committed whilst the person by or 183. When an offence is committed whilst the person by or
committed on against whom, or the thing in respect of which, the Offence against whom, or the thing in respect of which, the offence
journey or offence is committed is in the course of performing a committed is committed is in the course of performing a journey or
voyage journey or voyage, the offence may be inquired into or on journey voyage, the offence may be inquired into or tried by a
tried by a Court through or into whose local or voyage Court through or into whose local jurisdiction that person
jurisdiction that person or thing passed in the course or thing passed in the course of that journey or voyage.
of that journey or voyage.
204. Place of Where— 184. Place Where—
trial for (a) the offences committed by any person are such that of trial for (a) the offences committed by any person are such that he
offences he may be charged with, and tried at one trial for, each offences may be charged with, and tried at one trial for, each such
triable such offence by virtue of the provisions of section 242, triable offence by virtue of the provisions of section 219, section
together section 243 or section 244; or together 220 or section 221, or
(b) the offence or offences committed by several (b) the offence or offences committed by several persons
persons are such that they may be charged with and are such that they may be charged with and tried together
tried together by virtue of the provisions of section by virtue of the provisions of section 223, the offences may
246, the offences may be inquired into or tried by any be inquired into or tried by any Court competent to inquire
Court competent to inquire into or try any of the into or try any of the offences.
offences.
205. Power Notwithstanding anything contained in the preceding 185. Power Notwithstanding anything contained in the preceding
to order cases provisions of this Chapter, the State Government may to order provisions of this Chapter, the State Government may
to be tried in direct that any case or class of cases committed for cases to be direct that any cases or class of cases committed for trial in
different trial in any district may be tried in any sessions tried in any district may be tried in any sessions division:
sessions division: different Provided that such direction is not repugnant to any
divisions Provided that such direction is not repugnant to any sessions direction previously issued by the High Court or the
direction previously issued by the High Court or the divisions Supreme Court under the Constitution, or under this Code
Supreme Court under the Constitution, or under this or any other law for the time being in force.
Sanhita or any other law for the time being in force.
206. High Where two or more Courts have taken cognizance of 186. High Where two or more Courts have taken cognizance of the
Court to the same offence and a question arises as to which of Court to same offence and a question arises as to which of them
decide, in them ought to inquire into or try that offence, the decide, in ought to inquire into or try that offence, the question shall
case of question shall be decided— case of be decided—
doubt, (a) if the Courts are subordinate to the same High doubt, (a) if the Courts are subordinate to the same High Court,
district where Court, by that High Court; district by that High Court;
(b) if the Courts are not subordinate to the same High where (b) if the Courts are not subordinate to the same High
Court, by the High Court within the local limits of inquiry or Court, by the High Court within the local limits of whose
inquiry or whose appellate criminal jurisdiction the proceedings trial shall appellate criminal jurisdiction the proceedings were first
trial shall were first commenced, and thereupon all other take place commenced, and thereupon all other proceedings in
take place proceedings in respect of that offence shall be respect of that offence shall be discontinued.
discontinued.
207. Power (1) When a Magistrate of the first class sees reason to 187. Power (1) When a Magistrate of the first class sees reason to
to issue believe that any person within his local jurisdiction to issue believe that any person within his local jurisdiction has
summons or has committed outside such jurisdiction (whether summons or committed outside such jurisdiction (whether within or
warrant for within or outside India) an offence which cannot, warrant for outside India) an offence which cannot, under the
offence under the provisions of sections 197 to 205 (both offence provisions of sections 177 to 185 (both inclusive), or any
committed inclusive), or any other law for the time being in force, committed other law for the time being in force, be inquired into or
beyond local be inquired into or tried within such jurisdiction but is beyond tried within such jurisdiction but is under some law for the
jurisdiction under any law for the time being in force triable in local time being in force triable in India, such Magistrate may
India, such Magistrate may inquire into the offence as jurisdiction inquire into the offence as if it had been committed within
if it had been committed within such local jurisdiction such local jurisdiction and compel such person in the
and compel such person in the manner hereinbefore manner hereinbefore provided to appear before him, and
provided to appear before him, and send such person send such person to the Magistrate having jurisdiction to
to the Magistrate having jurisdiction to inquire into or inquire into or try such offence, or, if such offence is not
try such offence, or, if such offence is not punishable punishable with death or imprisonment for life and such
with death or imprisonment for life and such person is person is ready and willing to give bail to the satisfaction
ready and willing to give bail to the satisfaction of the of the Magistrate acting under this section, take a bond
Magistrate acting under this section, take a bond or with or without sureties for his appearance before the
bail bond for his appearance before the Magistrate Magistrate having such jurisdiction.
having such jurisdiction. (2) When there are more Magistrates than one having such
(2) When there are more Magistrates than one having jurisdiction and the Magistrate acting under this section
such jurisdiction and the Magistrate acting under this cannot satisfy himself as to the Magistrate to or before
section cannot satisfy himself as to the Magistrate to whom such person should be sent or bound to appear, the
or before whom such person should be sent or bound case shall be reported for the orders of the High Court.
to appear, the case shall be reported for the orders of
the High Court.
208. Offence When an offence is committed outside India— 188. When an offence is committed outside India—
committed (a) by a citizen of India, whether on the high seas or Offence (a) by a citizen of India, whether on the high seas or
outside India elsewhere; or committed elsewhere; or
 (b) by a person, not being such citizen, on any ship or outside (b) by a person, not being such citizen, on any ship or
aircraft registered in India, he may be dealt with in India aircraft registered in India, he may be dealt with in respect
respect of such offence as if it had been committed at of such offence as if it had been committed at any place
any place within India at which he may be found or within India at which he may be found:
where the offence is registered in India: Provided that, notwithstanding anything in any of the
Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall
preceding sections of this Chapter, no such offence be inquired into or tried in India except with the previous
shall be inquired into or tried in India except with the sanction of the Central Government.
previous sanction of the Central Government.
209. Receipt When any offence alleged to have been committed in 189. When any offence alleged to have been committed in a
of evidence a territory outside India is being inquired into or tried Receipt of territory outside India is being inquired into or tried under
relating to under the provisions of section 208, the Central evidence the provisions of section 188, the Central Government
offences Government may, if it thinks fit, direct that copies of relating to may, if it thinks fit, direct that copies of depositions made
committed depositions made or exhibits produced, either in offences or exhibits produced before a Judicial officer in or for that
outside India physical form or in electronic form, before a judicial committed territory or before a diplomatic or consular representative
officer, in or for that territory or before a diplomatic or outside of India in or for that territory shall be received as evidence
consular representative of India in or for that territory India by the Court holding such inquiry or trial in any case in
shall be received as evidence by the Court holding which such Court might issue a commission for taking
such inquiry or trial in any case in which such Court evidence as to the matters to which such depositions or
might issue a commission for taking evidence as to the exhibits relate.
matters to which such depositions or exhibits relate.
210. (1) Subject to the provisions of this Chapter, any 190. (1) Subject to the provisions of this Chapter, any
Cognizance Magistrate of the first class, and any Magistrate of the Cognizance Magistrate of the first class, and any Magistrate of the
of offences second class specially empowered in this behalf under of offences second class specially empowered in this behalf under sub-
by Magistrate sub-section (2), may take cognizance of any offence— by section (2), may take cognizance of any offence—
(a) upon receiving a complaint of facts, including any Magistrate (a) upon receiving a complaint of facts which constitute
complaint filed by a person authorised under any such offence;
special law, which constitutes such offence; (b) upon a police report of such facts;
(b) upon a police report (submitted in any mode (c) upon information received from any person other than
including electronic mode) of such facts; a police officer, or upon his own knowledge, that such
offence has been committed.
 (c) upon information received from any person other (2) The Chief Judicial Magistrate may empower any
than a police officer, or upon his own knowledge, that Magistrate of the second class to take cognizance under
such offence has been committed. sub-section (1) of such offences as are within his
(2) The Chief Judicial Magistrate may empower any competence to inquire into or try.
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. Transfer When a Magistrate takes cognizance of an offence 191. When a Magistrate takes cognizance of an offence under
on under clause (c) of sub-section (1) of section 210, the Transfer on clause (c) of sub-section (1) of section 190, the accused
application of accused shall, before any evidence is taken, be application shall, before any evidence is taken, be informed that he is
accused informed that he is entitled to have the case inquired of accused entitled to have the case inquired into or tried by another
into or tried by another Magistrate, and if the accused Magistrate, and if the accused or any of the accused, if
or any of the accused, if there be more than one, there be more than one, objects to further proceedings
objects to further proceedings before the Magistrate before the Magistrate taking cognizance, the case shall be
taking cognizance, the case shall be transferred to such transferred to such other Magistrate as may be specified by
other Magistrate as may be specified by the Chief the Chief Judicial Magistrate in this behalf
Judicial Magistrate in this behalf.
212. Making (1) Any Chief Judicial Magistrate may, after taking 192. (1) Any Chief Judicial Magistrate may, after taking
over of cases cognizance of an offence, make over the case for Making cognizance of an offence, make over the case for inquiry
to inquiry or trial to any competent Magistrate over of or trial to any competent Magistrate subordinate to him.
Magistrates subordinate to him. cases to (2) Any Magistrate of the first class empowered in this
(2) Any Magistrate of the first class empowered in this Magistrates behalf by the Chief Judicial Magistrate may, after taking
behalf by the Chief Judicial Magistrate may, after cognizance of an offence, make over the case for inquiry
taking cognizance of an offence, make over the case or trial to such other competent Magistrate as the Chief
for inquiry or trial to such other competent Magistrate Judicial Magistrate may, by general or special order,
as the Chief Judicial Magistrate may, by general or specify, and thereupon such Magistrate may hold the
special order, specify, and thereupon such Magistrate inquiry or trial.
may hold the inquiry or trial.
213. Except as otherwise expressly provided by this 193. Except as otherwise expressly provided by this Code or by
Cognizance Sanhita or by any other law for the time being in force, Cognizance any other law for the time being in force, no Court of
of offences no Court of Session shall take cognizance of any of offences Session shall take cognizance of any offence as a Court of
by Court of offence as a Court of original jurisdiction unless the by Court of
Session case has been committed to it by a Magistrate under Session original jurisdiction unless the case has been committed to
this Sanhita. it by a Magistrate under this Code.
214. An Additional Sessions Judge shall try such cases as 194. An Additional Sessions Judge or Assistant Sessions Judge
Additional the Sessions Judge of the division may, by general or Additional shall try such cases as the Sessions Judge of the division
Sessions special order, make over to him for trial or as the High and may, by general or special order, make over to him for trial
Judges to try Court may, by special order, direct him to try. Assistant or as the High Court may, by special order, direct him to
cases made Sessions try.
over to them Judges to
try cases
made over
to them
215. 1) No Court shall take cognizance— 195. (1) No Court shall take cognizance—
Prosecution (a) (i) of any offence punishable under sections 206 to Prosecution (a) (i) of any offence punishable under sections 172 to 188
for contempt 223 (both inclusive but excluding section 209) of the for (both inclusive) of the Indian Penal Code, (45 of 1860), or
of lawful Bharatiya Nyaya Sanhita, 2023; or contempt (ii) of any abetment of, or attempt to commit, such offence,
authority of (ii) of any abetment of, or attempt to commit, such of lawful or
public offence; or authority of (iii) of any criminal conspiracy to commit such offence,
servants, for (iii) of any criminal conspiracy to commit such public except on the complaint in writing of the public servant
offences offence, except on the complaint in writing of the servants, for concerned or of some other public servant to whom he is
against public servant concerned or of some other public offences administratively subordinate;
public servant to whom he is administratively subordinate or against (b) (i) of any offence punishable under any of the following
justice and of some other public servant who is authorised by the public sections of the Indian Penal Code (45 of 1860), namely,
for offences concerned public servant so to do; justice and sections 193 to 196 (both inclusive), 199, 200, 205 to 211
relating to (b) (i) of any offence punishable under any of the for offences (both inclusive) and 228, when such offence is alleged to
documents following sections of the Bharatiya Nyaya Sanhita, relating to have been committed in, or in relation to, any proceeding
given in 2023, namely, sections 229 to 233 (both inclusive), documents in any Court, or
evidence 236, 237, 242 to 248 (both inclusive) and 267, when given in (ii) of any offence described in section 463, or punishable
such offence is alleged to have been committed in, or evidence under section 471, section 475 or section 476, of the said
in relation to, any proceeding in any Court; or Code, when such offence is alleged to have been
(ii) of any offence described in sub-section (1) of committed in respect of a document produced or given in
section 336, or punishable under sub-section (2) of evidence in a proceeding in any Court, or
section 340 or section 342 of the said Sanhita, when
such offence is alleged to have been committed in (iii) of any criminal conspiracy to commit, or attempt to
respect of a document produced or given in evidence commit, or the abetment of, any offence specified in sub-
in a proceeding in any Court; or clause (i) or sub-clause (ii),
(iii) of any criminal conspiracy to commit, or attempt [except on the complaint in writing of that Court or by such
to commit, or the abetment of, any offence specified officer of the Court as that Court may authorise in writing
in sub-clause (i) or sub-clause (ii), in this behalf, or of some other Court to which that Court
except on the complaint in writing of that Court or by is subordinate.]
such officer of the Court as that Court may authorise (2) Where a complaint has been made by a public servant
in writing in this behalf, or of some other Court to under clause (a) of sub-section (1) any authority to which
which that Court is subordinate. he is administratively subordinate may order the
(2) Where a complaint has been made by a public withdrawal of the complaint and send a copy of such order
servant or by some other public servant who has been to the Court; and upon its receipt by the Court, no further
authorised to do so by him under clause (a) of sub- proceedings shall be taken on the complaint:
section (1), any authority to which he is Provided that no such withdrawal shall be ordered if the
administratively subordinate or who has authorised trial in the Court of first instance has been concluded.
such public servant, may, order the withdrawal of the (3) In clause (b) of sub-section (1), the term “Court” means
complaint and send a copy of such order to the Court; a Civil, Revenue or Criminal Court, and includes a tribunal
and upon its receipt by the Court, no further constituted by or under a Central, Provincial or State Act if
proceedings shall be taken on the complaint: declared by that Act to be a Court for the purposes of this
Provided that no such withdrawal shall be ordered if section.
the trial in the Court of first instance has been (4) For the purposes of clause (b) of sub-section (1), a
concluded. Court shall be deemed to be subordinate to the Court to
(3) In clause (b) of sub-section (1), the term "Court" which appeals ordinarily lie from the appealable decrees or
means a Civil, Revenue or Criminal Court, and sentences of such former Court, or in the case of a Civil
includes a tribunal constituted by or under a Central or Court from whose decrees no appeal ordinarily lies, to the
State Act if declared by that Act to be a Court for the Principal Court having ordinary original civil jurisdiction
purposes of this section. within whose local jurisdiction such Civil Court is situate:
(4) For the purposes of clause (b) of sub-section (1), a Provided that—
Court shall be deemed to be subordinate to the Court (a) where appeals lie to more than one Court, the Appellate
to which appeals ordinarily lie from the appealable Court of inferior jurisdiction shall be the Court to which
decrees or sentences of such former Court, or in the such Court shall be deemed to be subordinate;
case of a Civil Court from whose decrees no appeal
 ordinarily lies, to the Principal Court having ordinary (b) where appeals lie to a Civil and also to a Revenue
original civil jurisdiction within whose local Court, such Court shall be deemed to be subordinate to the
jurisdiction such Civil Court is situate: Civil or Revenue Court according to the nature of the case
Provided that— or proceeding in connection with which the offence is
(a) where appeals lie to more than one Court, the alleged to have been committed.
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 195A. A witness or any other person may file a complaint in
Procedure for relation to an offence under section 232 of the Procedure relation to an offence under section 195A of the Indian
witnesses in Bharatiya Nyaya Sanhita, 2023. for Penal Code (45 of 1860).
case of witnesses in
threatening, case of
etc. threatening,
etc.
217. (1) No Court shall take cognizance of— 196. (1) No Court shall take cognizance of—
Prosecution (a) any offence punishable under Chapter VII or under Prosecution (a) any offence punishable under Chapter VI or under
for offences section 196, section 299 or sub-section (1) of section for offences section 153A, [section 295A or sub-section (1) of section
against State 353 of the Bharatiya Nyaya Sanhita, 2023; or against 505] of the Indian Penal Code (45 of 1860), or
and for (b) a criminal conspiracy to commit such offence; or State and (b) a criminal conspiracy to commit such offence, or
criminal (c) any such abetment, as is described in section 47 of for criminal (c) any such abetment, as is described in section 108A of
conspiracy to the Bharatiya Nyaya Sanhita, 2023, except with the conspiracy the Indian Penal Code (45 of 1860),except with the
commit such previous sanction of the Central Government or of the to commit previous sanction of the Central Government or of the
offence State Government. such State Government.
(2) No Court shall take cognizance of— offence [(1A) No Court shall take cognizance of—
 (a) any offence punishable under section 197 or sub- (a) any offence punishable under section 153B or sub-
section (2) or sub-section (3) of section 353 of the section (2) or sub-section (3) of section 505 of the Indian
Bharatiya Nyaya Sanhita, 2023; or Penal Code (45 of 1860), or
(b) a criminal conspiracy to commit such offence, (b) a criminal conspiracy to commit such offence, except
except with the previous sanction of the Central with the previous sanction of the Central Government or of
Government or of the State Government or of the the State Government or of the District Magistrate.]
District Magistrate. (2) No Court shall take cognizance of the offence of any
(3) No Court shall take cognizance of the offence of criminal conspiracy punishable under section 120B of the
any criminal conspiracy punishable under sub-section Indian Penal Code (45 of 1860), other than a criminal
(2) of section 61 of the Bharatiya Nyaya Sanhita, conspiracy to commit [an offence] punishable with death,
2023, other than a criminal conspiracy to commit an imprisonment for life or rigorous imprisonment for a term
offence punishable with death, imprisonment for life of two years or upwards, unless the State Government or
or rigorous imprisonment for a term of two years or the District Magistrate has consented in writing to the
upwards, unless the State Government or the District initiation of the proceedings:
Magistrate has consented in writing to the initiation of Provided that where the criminal conspiracy is one to
the proceedings: which the provisions of section 195 apply, no such consent
Provided that where the criminal conspiracy is one to shall be necessary.
which the provisions of section 215 apply, no such (3) The Central Government or the State Government may,
consent shall be necessary. before according sanction [under sub-section (1) or sub-
(4) The Central Government or the State Government section (1A) and the District Magistrate may, before
may, before according sanction under sub-section (1) according sanction under sub-section (1A)] and the State
or sub-section (2) and the District Magistrate may, Government or the District Magistrate may, before giving
before according sanction under sub-section (2) and consent under sub-section (2), order a preliminary
the State Government or the District Magistrate may, investigation by a police officer not being below the rank
before giving consent under sub-section (3), order a of Inspector, in which case such police officer shall have
preliminary investigation by a police officer not being the powers referred to in sub-section (3) of section 155.
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 197. (1) When any person who is or was a Judge or Magistrate
Prosecution Magistrate or a public servant not removable from his Prosecution or a public servant not removable from his office save by
of Judges and office save by or with the sanction of the Government or with the sanction of the Government is accused of any
Public is accused of any offence alleged to have been of Judges offence alleged to have been committed by him while
servants committed by him while acting or purporting to act in and public acting or purporting to act in the discharge of his official
the discharge of his official duty, no Court shall take servants duty, no Court shall take cognizance of such offence except
cognizance of such offence except with the previous with the previous sanction [save as otherwise provided in
sanction save as otherwise provided in the Lokpal and the Lokpal and Lokayuktas Act, 2013 (1 of 2014)]—
Lokayuktas Act, 2013— (a) in the case of a person who is employed or, as the case
(a) in the case of a person who is employed or, as the may be, was at the time of commission of the alleged
case may be, was at the time of commission of the offence employed, in connection with the affairs of the
alleged offence employed, in connection with the Union, of the Central Government;
affairs of the Union, of the Central Government; (b) in the case of a person who is employed or, as the case
(b) in the case of a person who is employed or, as the may be, was at the time of commission of the alleged
case may be, was at the time of commission of the offence employed, in connection with the affairs of a State,
alleged offence employed, in connection with the of the State Government:
affairs of a State, of the State Government: [Provided that where the alleged offence was committed
Provided that where the alleged offence was by a person referred to in clause (b) during the period
committed by a person referred to in clause (b) during while a Proclamation issued under clause (1) of article 356
the period while a Proclamation issued under clause of the Constitution was in force in a State, clause (b) will
(1) of article 356 of the Constitution was in force in a apply as if for the expression “State Government”
State, clause (b) will apply as if for the expression occurring therein, the expression “Central Government”
"State Government" occurring therein, the expression were substituted.]
"Central Government" were substituted: [Explanation.—For the removal of doubts it is hereby
No Provided further that such Government shall take a declared that no sanction shall be required in case of a
equivalent decision within a period of one hundred and twenty public servant accused of any offence alleged to have been
provision in days from the date of the receipt of the request for committed under section 166A, section 166B, section 354,
previous sanction and in case it fails to do so, the sanction shall section 354A, section 354B, section 354C, section 354D,
code be deemed to have been accorded by such section 370, section 375, [section 376A, section 376AB,
Government: section 376C, section 376D, section 376DA, section
Provided also that no sanction shall be required in case 376DB] or section 509 of the Indian Penal Code (45 of
of a public servant accused of any offence alleged to 1860).]
have been committed under section 64, section 65, (2) No Court shall take cognizance of any offence alleged
section 66, section 68, section 69, section 70, section to have been committed by any member of the Armed
71, section 74, section 75, section 76, section 77, Forces of the Union while acting or purporting to act in the
section 78, section 79, section 143, section 199 or discharge of his official duty, except with the previous
section 200 of the Bharatiya Nyaya Sanhita, 2023. sanction of the Central Government.
(2) No Court shall take cognizance of any offence (3) The State Government may, by notification, direct that
alleged to have been committed by any member of the the provisions of sub-section (2) shall apply to such class
Armed Forces of the Union while acting or purporting or category of the members of the Forces charged with the
to act in the discharge of his official duty, except with maintenance of public order as may be specified therein,
the previous sanction of the Central Government. wherever they may be serving, and thereupon the
(3) The State Government may, by notification, direct provisions of that sub-section will apply as if for the
that the provisions of sub-section (2) shall apply to expression “Central Government” occurring therein, the
such class or category of the members of the Forces expression “State Government” were substituted.
charged with the maintenance of public order as may [(3A) Notwithstanding anything contained in sub-section
be specified therein, wherever they may be serving, (3), no court shall take cognizance of any offence, alleged
and thereupon the provisions of that sub-section will to have been committed by any member of the Forces
apply as if for the expression "Central Government" charged with the maintenance of public order in a State
occurring therein, the expression "State Government" while acting or purporting to act in the discharge of his
were substituted. official duty during the period while a Proclamation issued
(4) Notwithstanding anything contained in sub-section under clause (1) of article 356 of the Constitution was in
(3), no Court shall take cognizance of any offence, force therein, except with the previous sanction of the
alleged to have been committed by any member of the Central Government.
Forces charged with the maintenance of public order (3B) Notwithstanding anything to the contrary contained
in a State while acting or purporting to act in the in this Code or any other law, it is hereby declared that any
discharge of his official duty during the period while a sanction accorded by the State Government or any
Proclamation issued under clause (1) of article 356 of cognizance taken by a court upon such sanction, during the
the Constitution was in force therein, except with the period commencing on the 20th day of August, 1991 and
previous sanction of the Central Government. ending with the date immediately preceding the date on
(5) The Central Government or the State Government, which the Code of Criminal Procedure (Amendment) Act,
may determine the person by whom, the manner in 1991 (43 of 1991), receives the assent of the President,
which, and the offence or offences for which, the with respect to an offence alleged to have been committed
prosecution of such Judge, Magistrate or public during the period while a Proclamation issued under clause
servant is to be conducted, and may specify the Court (1) of article 356 of the Constitution was in force in the
before which the trial is to be held. State, shall be invalid and it shall be competent for the
 Central Government in such matter to accord sanction and
for the court to take cognizance thereon.]
(4) The Central Government or the State Government, as
the case may be, may determine the person by whom, the
manner in which, and the offence or offences for which,
the prosecution of such Judge, Magistrate or public servant
is to be conducted, and may specify the Court before which
the trial is to be held.
219. (1) No Court shall take cognizance of an offence 198. (1) No Court shall take cognizance of an offence
Prosecution punishable under sections 81 to 84 (both inclusive) of Prosecution punishable under Chapter XX of the Indian Penal Code (45
for offences the Bharatiya Nyaya Sanhita, 2023 except upon a for offences of 1860) except upon a complaint made by some person
against complaint made by some person aggrieved by the against aggrieved by the offence:
marriage offence: marriage Provided that—
Provided that— (a) where such person is under the age of eighteen years,
(a) where such person is a child, or is of unsound mind or is an idiot or a lunatic, or is from sickness or infirmity
or is having intellectual disability requiring higher unable to make a complaint, or is a woman who, according
support needs, or is from sickness or infirmity unable to the local customs and manners, ought not to be
to make a complaint, or is a woman who, according to compelled to appear in public, some other person may,
the local customs and manners, ought not to be with the leave of the Court, make a complaint on his or her
compelled to appear in public, some other person may, behalf;
with the leave of the Court, make a complaint on his (b) where such person is the husband and he is serving in
or her behalf; any of the Armed Forces of the Union under conditions
(b) where such person is the husband and he is serving which are certified by his Commanding Officer as
in any of the Armed Forces of the Union under precluding him from obtaining leave of absence to enable
conditions which are certified by his Commanding him to make a complaint in person, some other person
Officer as precluding him from obtaining leave of authorised by the husband in accordance with the
absence to enable him to make a complaint in person, provisions of sub-section (4) may make a complaint on his
some other person authorised by the husband in behalf;
accordance with the provisions of sub-section (4) may (c) where the person aggrieved by an offence punishable
make a complaint on his behalf; under [section 494 or section 495] of the Indian Penal Code
(c) where the person aggrieved by an offence (45 of 1860) is the wife, complaint may be made on her
punishable under section 82 of the Bharatiya Nyaya behalf by her father, mother, brother, sister, son or daughter
Sanhita, 2023 is the wife, complaint may be made on or by her father’s or mother’s brother or sister [, or, with
her behalf by her father, mother, brother, sister, son or the leave of the Court, by any other person related to her
daughter or by her father's or mother's brother or sister, by blood, marriage or adoption].
or, with the leave of the Court, by any other person (2) For the purposes of sub-section (1), no person other
related to her by blood, marriage or adoption. than the husband of the woman shall be deemed to be
(2) For the purposes of sub-section (1), no person aggrieved by any offence punishable under section 497 or
other than the husband of the woman shall be deemed section 498 of the said Code:
to be aggrieved by any offence punishable under Provided that in the absence of the husband, some person
section 84 of the Bharatiya Nyaya Sanhita, 2023. who had care of the woman on his behalf at the time when
(3) When in any case falling under clause (a) of the such offence was committed may, with the leave of the
proviso to sub-section (1), the complaint is sought to Court, make a complaint on his behalf.
be made on behalf of a child or of a person of unsound (3) When in any case falling under clause (a) of the proviso
mind by a person who has not been appointed or to sub-section (1), the complaint is sought to be made on
declared by a competent authority to be the guardian behalf of a person under the age of eighteen years or of a
of the child, or of the person of unsound mind, and the lunatic by a person who has not been appointed or declared
Court is satisfied that there is a guardian so appointed by a competent authority to be the guardian of the person
or declared, the Court shall, before granting the of the minor or lunatic, and the Court is satisfied that there
application for leave, cause notice to be given to such is a guardian so appointed or declared, the Court shall,
guardian and give him a reasonable opportunity of before granting the application for leave, cause notice to be
being heard. given to such guardian and give him a reasonable
(4) The authorisation referred to in clause (b) of the opportunity of being heard.
proviso to sub-section (1), shall be in writing, shall be (4) The authorisation referred to in clause (b) of the proviso
signed or otherwise attested by the husband, shall to sub-section (1), shall be in writing, shall be signed or
contain a statement to the effect that he has been otherwise attested by the husband, shall contain a
informed of the allegations upon which the complaint statement to the effect that he has been informed of the
is to be founded, shall be countersigned by his allegations upon which the complaint is to be founded,
Commanding Officer, and shall be accompanied by shall be countersigned by his Commanding Officer, and
a certificate signed by that Officer to the effect that shall be accompanied by a certificate signed by that Officer
leave of absence for the purpose of making a to the effect that leave of absence for the purpose of making
complaint in person cannot for the time being be a complaint in person cannot for the time being be granted
granted to the husband. to the husband.
 (5) Any document purporting to be such an (5) Any document purporting to be such an authorisation
authorisation and complying with the provisions of and complying with the provisions of sub-section (4), and
sub-section (4), and any document purporting to be a any document purporting to be a certificate required by that
certificate required by that sub-section shall, unless sub-section shall, unless the contrary is proved, be
the contrary is proved, be presumed to be genuine and presumed to be genuine and shall be received in evidence.
shall be received in evidence. (6) No Court shall take cognizance of an offence under
(6) No Court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where
section 64 of the Bharatiya Nyaya Sanhita, 2023, such offence consists of sexual intercourse by a man with
where such offence consists of sexual intercourse by a his own wife, the wife being under [eighteen years of age],
man with his own wife, the wife being under eighteen if more than one year has elapsed from the date of the
years of age, if more than one year has elapsed from commission of the offence.
the date of the commission of the offence. (7) The provisions of this section apply to the abetment of,
(7) The provisions of this section apply to the or attempt to commit, an offence as they apply to the
abetment of, or attempt to commit, an offence as they offence.
apply to the offence.
220. No Court shall take cognizance of an offence 198A. No Court shall take cognizance of an offence punishable
Prosecution punishable under section 85 of the Bharatiya Nyaya Prosecution under section 498A of the Indian Penal Code (45 of 1860)
of offences Sanhita, 2023 except upon a police report of facts of offences except upon a police report of facts which constitute such
under section which constitute such offence or upon a complaint under offence or upon a complaint made by the person aggrieved
85 of made by the person aggrieved by the offence or by her section by the offence or by her father, mother, brother, sister or by
Bharatiya father, mother, brother, sister or by her father's or 498A of the her father’s or mother’s brother or sister or, with the leave
Nyaya mother's brother or sister or, with the leave of the Indian of the Court, by any other person related to her by blood,
Sanhita, 2023 Court, by any other person related to her by blood, Penal Code marriage or adoption.
marriage or adoption.
221. No Court shall take cognizance of an offence 198B. No Court shall take cognizance of an offence punishable
Cognizance punishable under section 67 of the Bharatiya Nyaya Cognizance under section 376B of the Indian Penal Code (45 of 1860)
of offence Sanhita, 2023 where the persons are in a marital of offence where the persons are in a marital relationship, except upon
relationship, except upon prima facie satisfaction of prima facie satisfaction of the facts which constitute the
the facts which constitute the offence upon a offence upon a complaint having been filed or made by the
complaint having been filed or made by the wife wife against the husband.
against the husband.
222. (1) No Court shall take cognizance of an offence 199. (1) No Court shall take cognizance of an offence
Prosecution punishable under section 356 of the Bharatiya Nyaya Prosecution punishable under Chapter XXI of the Indian Penal Code
for Sanhita, 2023 except upon a complaint made by some for (45 of 1860) except upon a complaint made by some
defamation person aggrieved by the offence: defamation person aggrieved by the offence:
Provided that where such person is a child, or is of Provided that where such person is under the age of
unsound mind or is having intellectual disability or is eighteen years, or is an idiot or a lunatic, or is from sickness
from sickness or infirmity unable to make a complaint, or infirmity unable to make a complaint, or is a woman
or is a woman who, according to the local customs and who, according to the local customs and manners, ought
manners, ought not to be compelled to appear in not to be compelled to appear in public, some other person
public, some other person may, with the leave of the may, with the leave of the Court, make a complaint on his
Court, make a complaint on his or her behalf. or her behalf.
(2) Notwithstanding anything contained in this (2) Notwithstanding anything contained in this Code, when
Sanhita, when any offence falling under section 356 of any offence falling under Chapter XXI of the Indian Penal
the Bharatiya Nyaya Sanhita, 2023 is alleged to have Code (45 of 1860) is alleged to have been committed
been committed against a person who, at the time of against a person who, at the time of such commission, is
such commission, is the President of India, the Vice- the President of India, the Vice-President of India, the
President of India, the Governor of a State, the Governor of a State, the Administrator of a Union territory
Administrator of a Union territory or a Minister of the or a Minister of the Union or of a State or of a Union
Union or of a State or of a Union territory, or any other territory, or any other public servant employed in
public servant employed in connection with the affairs connection with the affairs of the Union or of a State in
of the Union or of a State in respect of his conduct in respect of his conduct in the discharge of his public
the discharge of his public functions, a Court of functions a Court of Session may take cognizance of such
Session may take cognizance of such offence, without offence, without the case being committed to it, upon a
the case being committed to it, upon a complaint in complaint in writing made by the Public Prosecutor.
writing made by the Public Prosecutor. (3) Every complaint referred to in sub-section (2) shall set
(3) Every complaint referred to in sub-section (2) shall forth the facts which constitute the offence alleged, the
set forth the facts which constitute the offence alleged, nature of such offence and such other particulars as are
the nature of such offence and such other particulars reasonably sufficient to give notice to the accused of the
as are reasonably sufficient to give notice to the offence alleged to have been committed by him.
accused of the offence alleged to have been committed (4) No complaint under sub-section (2) shall be made by
by him. the Public Prosecutor except with the previous sanction—
 (4) No complaint under sub-section (2) shall be made (a) of the State Government, in the case of a person who is
by the Public Prosecutor except with the previous or has been the Governor of that State or a Minister of that
sanction— Government;
(a) of the State Government,— (b) of the State Government, in the case of any other public
(i) in the case of a person who is or has been the servant employed in connection with the affairs of the
Governor of that State or a Minister of that State;
Government; (c) of the Central Government, in any other case.
(ii) in the case of any other public servant employed in (5) No Court of Session shall take cognizance of an offence
connection with the affairs of the State; under sub-section (2) unless the complaint is made within
(b) of the Central Government, in any other case. six months from the date on which the offence is alleged to
(5) No Court of Session shall take cognizance of an have been committed.
offence under sub-section (2) unless the complaint is (6) Nothing in this section shall affect the right of the
made within six months from the date on which the person against whom the offence is alleged to have been
offence is alleged to have been committed. committed, to make a complaint in respect of that offence
(6) Nothing in this section shall affect the right of the before a Magistrate having jurisdiction or the power of
person against whom the offence is alleged to have such Magistrate to take cognizance of the offence upon
been committed, to make a complaint in respect of that such complaint.
offence before a Magistrate having jurisdiction or the
power of such Magistrate to take cognizance of the
offence upon such complaint.

223. (1) A Magistrate having jurisdiction while taking 200. A Magistrate taking cognizance of an offence on complaint
Examination cognizance of an offence on complaint shall examine Examinatio shall examine upon oath the complainant and the witnesses
of upon oath the complainant and the witnesses present, n of present, if any, and the substance of such examination shall
complainant if any, and the substance of such examination shall be complainant be reduced to writing and shall be signed by the
reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:
complainant and the witnesses, and also by the Provided that, when the complaint is made in writing, the
Magistrate: Magistrate need not examine the complainant and the
No Provided that no cognizance of an offence shall be witnesses—
equivalent taken by the Magistrate without giving the accused an (a) if a public servant acting or purporting to act in the
provision in opportunity of being heard: discharge of his official duties or a Court has made the
complaint; or
previous Provided further that when the complaint is made in (b) if the Magistrate makes over the case for inquiry or trial
code writing, the Magistrate need not examine the to another Magistrate under section 192:
complainant and the witnesses— Provided further that if the Magistrate makes over the case
(a) if a public servant acting or purporting to act in the to another Magistrate under section 192 after examining
discharge of his official duties or a Court has made the the complainant and the witnesses, the latter Magistrate
complaint; or need not re-examine them.
(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.
No (2) A Magistrate shall not take cognizance on a
equivalent complaint against a public servant for any offence
provision in alleged to have been committed in course of the
previous discharge of his official functions or duties unless—
code (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 201. If the complaint is made to a Magistrate who is not
Procedure by competent to take cognizance of the offence, he Procedure competent to take cognizance of the offence, he shall,—
Magistrate shall,— by (a) if the complaint is in writing, return it for presentation
not (a) if the complaint is in writing, return it for Magistrate to the proper Court with an endorsement to that effect;
competent to presentation to the proper Court with an endorsement not (b) if the complaint is not in writing, direct the complainant
take to that effect; competent to the proper Court.
cognizance (b) if the complaint is not in writing, direct the to take
of the case complainant to the proper Court. cognizance
of the case
225. (1) Any Magistrate, on receipt of a complaint of an 202. (1) Any Magistrate, on receipt of a complaint of an offence
Postponemen offence of which he I authorised to take cognizance or Postponeme of which he is authorised to take cognizance or which has
t of issue of which has been made over to him under section 212, nt of issue been made over to him under section 192, may, if he thinks
process may, if he thinks fit, and shall, in a case where the of process fit, [and shall, in a case where the accused is residing at a
accused is residing at a place beyond the area in which place beyond the area in which he exercises his
he exercises his jurisdiction, postpone the issue of jurisdiction,] postpone the issue of process against the
process against the accused, and either inquire into the accused, and either inquire into the case himself or direct
case himself or direct an investigation to be made by a an investigation to be made by a police officer or by such
police officer or by such other person as he thinks fit, other person as he thinks fit, for the purpose of deciding
for the purpose of deciding whether or not there is whether or not there is sufficient ground for proceeding:
sufficient ground for proceeding: Provided that no such direction for investigation shall be
Provided that no such direction for investigation shall made,—
be made,— (a) where it appears to the Magistrate that the offence
(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of
complained of is triable exclusively by the Court of Session; or
Session; or (b) where the complaint has not been made by a Court,
(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any)
unless the complainant and the witnesses present (if have been examined on oath under section 200.
any) have been examined on oath under section 223. (2) In an inquiry under sub-section (1), the Magistrate may,
(2) In an inquiry under sub-section (1), the Magistrate if he thinks fit, take evidence of witnesses on oath:
may, if he thinks fit, take evidence of witnesses on Provided that if it appears to the Magistrate that the offence
oath: complained of is triable exclusively by the Court of
Provided that if it appears to the Magistrate that the Session, he shall call upon the complainant to produce all
offence complained of is triable exclusively by the his witnesses and examine them on oath.
Court of Session, he shall call upon the complainant to (3) If an investigation under sub-section (1) is made by a
produce all his witnesses and examine them on oath. person not being a police officer, he shall have for that
(3) If an investigation under sub-section (1) is made investigation all the powers conferred by this Code on an
by a person not being a police officer, he shall have for officer in charge of a police station except the power to
that investigation all the powers conferred by this arrest without warrant.
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 203. If, after considering the statements on oath (if any) of the
Dismissal of the complainant and of the witnesses and the result of Dismissal complainant and of the witnesses and the result of the
complaint the inquiry or investigation (if any) under section 225, of inquiry or investigation (if any) under section 202, the
the Magistrate is of opinion that there is no sufficient complaint Magistrate is of opinion that there is no sufficient ground
ground for proceeding, he shall dismiss the complaint, for proceeding, he shall dismiss the complaint, and in every
and in every such case he shall briefly record his such case he shall briefly record his reasons for so doing.
reasons for so doing.
227. Issue of (1) If in the opinion of a Magistrate taking cognizance 204. Issue (1) If in the opinion of a Magistrate taking cognizance of
process of an offence there is sufficient ground for proceeding, of process an offence there is
and the case appears to be— sufficient ground for proceeding, and the case appears to
(a) a summons-case, he shall issue summons to the be—
accused for his attendance; or (a) a summons-case, he shall issue his summons for the
(b) a warrant-case, he may issue a warrant, or, if he attendance of the accused, or
thinks fit, a summons, for causing the accused to be (b) a warrant-case, he may issue a warrant, or, if he thinks
brought or to appear at a certain time before such fit, a summons, for causing the accused
Magistrate or (if he has no jurisdiction himself) some to be brought or to appear at a certain time before such
No other Magistrate having jurisdiction: Magistrate or (if he has no jurisdiction
equivalent Provided that summons or warrants may also be issued himself) some other Magistrate having jurisdiction.
provision in through electronic means. (2) No summons or warrant shall be issued against the
previous (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the
code accused under sub-section (1) until a list of the prosecution witnesses has been filed.
prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in
(3) In a proceeding instituted upon a complaint made writing, every summons or warrant issued
in writing, every summons or warrant issued under under sub-section (1) shall be accompanied by a copy of
sub-section (1) shall be accompanied by a copy of such complaint.
such complaint. (4) When by any law for the time being in force any
(4) When by any law for the time being in force any process-fees or other fees are payable, no process
process-fees or other fees are payable, no process shall shall be issued until the fees are paid and, if such fees are
be issued until the fees are paid and, if such fees are not paid within a reasonable time, the
not paid within a reasonable time, the Magistrate may Magistrate may dismiss the complaint.
dismiss the complaint.
 (5) Nothing in this section shall be deemed to affect (5) Nothing in this section shall be deemed to affect the
the provisions of section 90. provisions of section 87.
228. (1) Whenever a Magistrate issues a summons, he may, 205. (1) Whenever a Magistrate issues a summons, he may, if
Magistrate if he sees reason so to do, dispense with the personal Magistrate he sees reason so to do, dispense with the personal
may dispense attendance of the accused and permit him to appear by may attendance of the accused and permit him to appear by his
with personal his advocate. dispense pleader.
attendance of (2) But the Magistrate inquiring into or trying the case with (2) But the Magistrate inquiring into or trying the case may,
accused may, in his discretion, at any stage of the proceedings, personal in his discretion, at any stage of the proceedings, direct the
direct the personal attendance of the accused, and, if attendance personal attendance of the accused, and, if necessary,
necessary, enforce such attendance in the manner of accused enforce such attendance in the manner hereinbefore
hereinbefore provided. provided.
229. Special (1) If, in the opinion of a Magistrate taking cognizance 206. Special 1) If, in the opinion of a Magistrate taking cognizance of a
summons in of a petty offence, the case may be summarily summons in petty offence, the case may be summarily disposed of
cases of petty disposed of under section 283 or section 284, the cases of under section 260 [or section 261], the Magistrate shall,
offence Magistrate shall, except where he is, for reasons to be petty except where he is, for reasons to be recorded in writing of
recorded in writing of a contrary opinion, issue offence a contrary opinion, issue summons to the accused requiring
summons to the accused requiring him either to appear him either to appear in person or by pleader before the
in person or by an advocate before the Magistrate on a Magistrate on a specified date, or if he desires to plead
specified date, or if he desires to plead guilty to the guilty to the charge without appearing before the
charge without appearing before the Magistrate, to Magistrate, to transmit before the specified date, by post or
transmit before the specified date, by post or by by messenger to the Magistrate, the said plea in writing and
messenger to the Magistrate, the said plea in writing the amount of fine specified in the summons or if he desires
and the amount of fine specified in the summons or if to appear by pleader and to plead guilty to the charge
he desires to appear by an advocate and to plead guilty through such pleader, to authorise, in writing, the pleader
to the charge through such advocate, to authorise, in to plead guilty to the charge on his behalf and to pay the
writing, the advocate to plead guilty to the charge fine through such pleader:
on his behalf and to pay the fine through such Provided that the amount of the fine specified in such
advocate: summons shall not exceed [one thousand rupees].
Provided that the amount of the fine specified in such (2) For the purposes of this section, “petty offence” means
summons shall not exceed five thousand rupees. any offence punishable only with fine not exceeding one
(2) For the purposes of this section, "petty offence" thousand rupees, but does not include any offence so
means any offence punishable only with fine not punishable under the Motor Vehicles Act, 1939 (4 of 1939),
 exceeding five thousand rupees, but does not include or under any other law which provides for convicting the
any offence so punishable under the Motor Vehicles accused person in his absence on a plea of guilty.
Act, 1988, or under any other law which provides for [(3) The State Government may, by notification, specially
convicting the accused person in his absence on a plea empower any Magistrate to exercise the powers conferred
of guilty. by sub-section (1) in relation to any offence which is
(3) The State Government may, by notification, compoundable under section 320 or any offence
specially empower any Magistrate to exercise the punishable with imprisonment for a term not exceeding
powers conferred by sub-section (1) in relation to any three months, or with fine, or with both where the
offence which is compoundable under section 359 or Magistrate is of opinion that, having regard to the facts and
any offence punishable with imprisonment for a term circumstances of the case, the imposition of fine only
not exceeding three months, or with fine, or with both would meet the ends of justice.]
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. Supply In any case where the proceeding has been instituted 207. Supply In any case where the proceeding has been instituted on a
to accused of on a police report, the Magistrate shall without delay, to the police report, the Magistrate shall without delay furnish to
copy of and in no case beyond fourteen days from the date of accused of the accused, free of cost, a copy of each of the following:—
police report production or appearance of the accused, furnish to the copy of (i) the police report;
and other accused and the victim (if represented by an advocate) police (ii) the first information report recorded under section 154;
documents free of cost, a copy of each of the following:— report and (iii) the statements recorded under sub-section (3) of
(i) the police report; other section 161 of all persons whom the prosecution proposes
No (ii) the first information report recorded under section documents to examine as its witnesses, excluding therefrom any part
equivalent 173; in regard to which a request for such exclusion has been
provision in (iii) the statements recorded under sub-section (3) of made by the police officer under sub-section (6) of section
previous section 180 of all persons whom the prosecution 173;
code proposes to examine as its witnesses, excluding (iv) the confessions and statements, if any, recorded under
therefrom any part in regard to which a request for section 164;
such exclusion has been made by the police officer (v) any other document or relevant extract thereof
under sub-section (7) of section 193; forwarded to the Magistrate with the police report under
(iv) the confessions and statements, if any, recorded sub-section (5) of section 173:
under section 183; Provided that the Magistrate may, after perusing any such
part of a statement as is referred to in clause (iii) and
 (v) any other document or relevant extract thereof considering the reasons given by the police officer for the
forwarded to the Magistrate with the police report request, direct that a copy of that part of the statement or
under sub-section (6) of section 193: of such portion thereof as the Magistrate thinks proper,
Provided that the Magistrate may, after perusing any shall be furnished to the accused:
such part of a statement as is referred to in clause (iii) Provided further that if the Magistrate is satisfied that any
and considering the reasons given by the police officer document referred to in clause (v) is voluminous, he shall,
for the request, direct that a copy of that part of the instead of furnishing the accused with a copy thereof,
statement or of such portion thereof as the Magistrate direct that he will only be allowed to inspect it either
thinks proper, shall be furnished to the accused: personally or through pleader in Court.
Provided further that if the Magistrate is satisfied that
any such document is voluminous, he shall, instead of
No furnishing the accused and the victim (if represented
equivalent by an advocate) with a copy thereof, may furnish the
provision in copies through electronic means or direct that he will
previous only be allowed to inspect it either personally or
code through an advocate in Court:
Provided also that supply of documents in electronic
form shall be considered as duly furnished.
231. Supply Where, in a case instituted otherwise than on a police 208. Supply Where, in a case instituted otherwise than on a police
of copies of report, it appears to the Magistrate issuing process of copies of report, it appears to the Magistrate issuing process under
statements under section 227 that the offence is triable statements section 204 that the offence is triable exclusively by the
and exclusively by the Court of Session, the Magistrate and Court of Session, the Magistrate shall without delay
documents shall forthwith furnish to the accused, free of cost, a documents furnish to the accused, free of cost, a copy of each of the
to accused in copy of each of the following:— to accused following:—
other cases (i) the statements recorded under section 223 or in other (i) the statements recorded under section 200 or section
triable by section 225, of all persons examined by the cases triable 202, of all persons examined by the Magistrate;
Court of Magistrate; by Court of (ii) the statements and confessions, if any, recorded under
Session (ii) the statements and confessions, if any, recorded Session section 161 or section 164;
under section 180 or section 183; (iii) any documents produced before the Magistrate on
(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:
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
 Provided that if the Magistrate is satisfied that any accused with a copy thereof, direct that he will only be
No such document is voluminous, he shall, instead of allowed to inspect it either personally or through pleader
equivalent furnishing the accused with a copy thereof, direct that in Court.
provision in he will only be allowed to inspect it either personally
previous or through an advocate in Court:
code 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 209. When in a case instituted on a police report or otherwise,
Commitment otherwise, the accused appears or is brought before the Commitmen the accused appears or is brought before the Magistrate and
of case to Magistrate and it appears to the Magistrate that the t of case to it appears to the Magistrate that the offence is triable
Court of offence is triable exclusively by the Court of Session, Court of exclusively by the Court of Session, he shall—
Session when he shall— Session [(a) commit, after complying with the provisions of section
offence is (a) commit, after complying with the provisions of when 207 or section 208, as the case may be, the case to the Court
triable section 230 or section 231 the case to the Court of offence is of Session, and subject to the provisions of this Code
exclusively Session, and subject to the provisions of this Sanhita triable relating to bail, remand the accused to custody until such
by it relating to bail, remand the accused to custody until exclusively commitment has been made;]
such commitment has been made; by it (b) subject to the provisions of this Code relating to bail,
(b) subject to the provisions of this Sanhita relating to remand the accused to custody during, and until the
bail, remand the accused to custody during, and until conclusion of, the trial;
the conclusion of, the trial; (c) send to that Court the record of the case and the
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in
documents and articles, if any, which are to be evidence;
produced in evidence; (d) notify the Public Prosecutor of the commitment of the
(d) notify the Public Prosecutor of the commitment of case to the Court of Session.
the case to the Court of Session:
No Provided that the proceedings under this section shall
equivalent be completed within a period of ninety days from the
provision in date of taking cognizance, and such period may be
previous extended by the Magistrate for a period not exceeding
code 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 210. (1) When in a case instituted otherwise than on a police
Procedure to police report (hereinafter referred to as a complaint Procedure report (hereinafter referred to as a complaint case), it is
be followed case), it is made to appear to the Magistrate, during the to be made to appear to the Magistrate, during the course of the
when there is course of the inquiry or trial held by him, that an followed inquiry or trial held by him, that an investigation by the
a complaint investigation by the police is in progress in relation to when there police is in progress in relation to the offence which is the
case and the offence which is the subject-matter of the inquiry is a subject-matter of the inquiry or trial held by him, the
police or trial held by him, the Magistrate shall stay the complaint Magistrate shall stay the proceedings of such inquiry or
investigation proceedings of such inquiry or trial and call for a case and trial and call for a report on the matter from the police
in respect of report on the matter from the police officer conducting police officer conducting the investigation.
same offence the investigation. investigatio (2) If a report is made by the investigating police officer
(2) If a report is made by the investigating police n under section 173 and on such report cognizance of any
officer under section 193 and on such report in respect of offence is taken by the Magistrate against any person who
cognizance of any offence is taken by the Magistrate same is an accused in the complaint case, the Magistrate shall
against any person who is an accused in the complaint offence inquire into or try together the complaint case and the case
case, the Magistrate shall inquire into or try together arising out of the police report as if both the cases were
the complaint case and the case arising out of the instituted on a police report.
police report as if both the cases were instituted on a (3) If the police report does not relate to any accused in the
police report. complaint case or if the Magistrate does not take
(3) If the police report does not relate to any accused cognizance of any offence on the police report, he shall
in the complaint case or if the Magistrate does not take proceed with the inquiry or trial, which was stayed by him,
cognizance of any offence on the police report, he in accordance with the provisions of this Code.
shall proceed with the inquiry or trial, which was
stayed by him, in accordance with the provisions of
this Sanhita.
234. Contents (1) Every charge under this Sanhita shall state the 211. (1) Every charge under this Code shall state the offence
of charge offence with which the accused is charged. Contents of with which the accused is charged.
charge
(2) If the law which creates the offence gives it any (2) If the law which creates the offence gives it any specific
specific name, the offence may be described in the name, the offence may be described in the charge by that
charge by that name only. name only.
(3) If the law which creates the offence does not give (3) If the law which creates the offence does not give it any
it any specific name, so much of the definition of the specific name, so much of the definition of the offence
offence must be stated as to give the accused notice of must be stated as to give the accused notice of the matter
the matter with which he is charged. with which he is charged.
(4) The law and section of the law against which the (4) The law and section of the law against which the
offence is said to have been committed shall be offence is said to have been committed shall be mentioned
mentioned in the charge. in the charge.
(5) The fact that the charge is made is equivalent to a (5) The fact that the charge is made is equivalent to a
statement that every legal condition required by law to statement that every legal condition required by law to
constitute the offence charged was fulfilled in the constitute the offence charged was fulfilled in the
particular case. particular case.
(6) The charge shall be written in the language of the (6) The charge shall be written in the language of the Court.
Court. (7) If the accused, having been previously convicted of any
(7) If the accused, having been previously convicted offence, is liable, by reason of such previous conviction, to
of any offence, is liable, by reason of such previous enhanced punishment, or to punishment of a different kind,
conviction, to enhanced punishment, or to punishment for a subsequent offence, and it is intended to prove such
of a different kind, for a subsequent offence, and it is previous conviction for the purpose of affecting the
intended to prove such previous conviction for the punishment which the Court may think fit to award for the
purpose of affecting the punishment which the Court subsequent offence, the fact, date and place of the previous
may think fit, to award for the subsequent offence, the conviction shall be stated in the charge; and if such
fact, date and place of the previous conviction shall be statement has been omitted, the Court may add it at any
stated in the charge; and if such statement has been time before sentence is passed.
omitted, the Court may add it at any time before Illustrations
sentence is passed. (a) A is charged with the murder of B. This is equivalent to
Illustrations a statement that A's act fell within the definition of murder
(a) A is charged with the murder of B. This is given in sections 299 and 300 of the Indian Penal Code (45
equivalent to a statement that A's act fell within the of 1860); that it did not fall within any of the general
definition of murder given in sections 100 and 101 of exceptions of the said Code; and that it did not fall within
the Bharatiya Nyaya Sanhita, 2023; that it did not fall any of the five exceptions to section 300, or that, if it did
 within any of the general exceptions of the said fall within Exception 1, one or other of the three provisos
Sanhita; and that it did not fall within any of the five to that exception applied to it.
exceptions to section 101 thereof, or that, if it did fall (b) A is charged under section 326 of the Indian Penal Code
within Exception 1, one or other of the three provisos (45 of 1860), with voluntarily causing grievous hurt to B
to that exception applied to it. by means of an instrument for shooting. This is equivalent
(b) A is charged under sub-section (2) of section 118 to a statement that the case was not provided for by section
of the Bharatiya Nyaya Sanhita, 2023, with voluntarily 335 of the said Code, and that the general exceptions did
causing grievous hurt to B by means of an instrument not apply to it.
for shooting. This is equivalent to a statement that the (c) A is accused of murder, cheating, theft, extortion,
case was not provided for by sub-section (2) of section adultery or criminal intimidation, or using a false property-
122 of the said Sanhita, and that the general exceptions mark. The charge may state that A committed murder, or
did not apply to it. cheating, or theft, or extortion, or adultery, or criminal
(c) A is accused of murder, cheating, theft, extortion, intimidation, or that he used a false property-mark, without
or criminal intimidation, or using a false property- reference to the definitions, of those crimes contained in
mark. The charge may state that A committed murder, the Indian Penal Code (45 of 1860); but the sections under
or cheating, or theft, or extortion, or criminal which the offence is punishable must, in each instance be
intimidation, or that he used a false property-mark, referred to in the charge.
without reference to the definitions, of those crimes (d) A is charged under section 184 of the Indian Penal Code
contained in the Bharatiya Nyaya Sanhita, 2023; but (45 of 1860) with intentionally obstructing a sale of
the sections under which the offence is punishable property offered for sale by the lawful authority of a public
must, in each instance be referred to in the charge. servant. The charge should be in those words.
(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 212. (1) The charge shall contain such particulars as to the time
Particulars as time and place of the alleged offence, and the person Particulars and place of the alleged offence, and the person (if any)
to time, place (if any) against whom, or the thing (if any) in respect as to time, against whom, or the thing (if any) in respect of which, it
and person of which, it was committed, as are reasonably place and was committed, as are reasonably sufficient to give the
sufficient to give the accused notice of the matter with person accused notice of the matter with which he is charged.
which he is charged.
 (2) When the accused is charged with criminal breach (2) When the accused is charged with criminal breach of
of trust or dishonest misappropriation of money or trust or dishonest misappropriation of money or other
other movable property, it shall be sufficient to specify movable property, it shall be sufficient to specify the
the gross sum or, as the case may be, describe the gross sum or, as the case may be, describe the movable
movable property in respect of which the offence is property in respect of which the offence is alleged to have
alleged to have been committed, and the dates between been committed, and the dates between which the offence
which the offence is alleged to have been committed, is alleged to have been committed, without specifying
without specifying particular items or exact dates, and particular items or exact dates, and the charge so framed
the charge so framed shall be deemed to be a charge of shall be deemed to be a charge of one offence within the
one offence within the meaning of section 242: meaning of section 219:
Provided that the time included between the first and Provided that the time included between the first and last
last of such dates shall not exceed one year. of such dates shall not exceed one year.
236. When When the nature of the case is such that the particulars 213. When When the nature of the case is such that the particulars
manner mentioned in sections 234 and 235 do not give the manner of mentioned in sections 211 and 212 do not give the accused
of accused sufficient notice of the matter with which he committing sufficient notice of the matter with which he is charged, the
committing is charged, the charge shall also contain such offence charge shall also contain such particulars of the manner in
offence must particulars of the manner in which the alleged offence must be which the alleged offence was committed as will be
be stated was committed as will be sufficient for that purpose. stated sufficient for that purpose.
Illustrations Illustrations
(a) A is accused of the theft of a certain article at a (a) A is accused of the theft of a certain article at a certain
certain time and place. The charge need not set out the time and place. The charge need not set out the manner in
manner in which the theft was effected. which the theft was effected.
(b) A is accused of cheating B at a given time and (b) A is accused of cheating B at a given time and place.
place. The charge must set out the manner in which A The charge must set out the manner in which A cheated B.
cheated B. (c) A is accused of giving false evidence at a given time
(c) A is accused of giving false evidence at a given and place. The charge must set out that portion of the
time and place. The charge must set out that portion of evidence given by A which is alleged to be false.
the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the
(d) A is accused of obstructing B, a public servant, in discharge of his public functions at a given time and place.
the discharge of his public functions at a given time The charge must set out the manner in which A obstructed
and place. The charge must set out the manner in B in the discharge of his functions.
which A obstructed B in the discharge of his functions.
 (e) A is accused of the murder of B at a given time and (e) A is accused of the murder of B at a given time and
place. The charge need not state the manner in which place. The charge need not state the manner in which A
A murdered B. murdered B.
(f) A is accused of disobeying a direction of the law (f) A is accused of disobeying a direction of the law with
with intent to save B from punishment. The charge intent to save B from punishment. The charge must set out
must set out the disobedience charged and the law the disobedience charged and the law infringed.
infringed.
237. Words In every charge words used in describing an offence 214. Words In every charge words used in describing an offence shall
in charge shall be deemed to have been used in the sense in charge be deemed to have been used in the sense attached to them
taken in attached to them respectively by the law under which taken in respectively by the law under which such offence is
sense of such offence is punishable. sense of law punishable.
law under under which
which offence is
offence is punishable
punishable
238. Effect of No error in stating either the offence or the particulars 215. Effect No error in stating either the offence or the particulars
errors required to be stated in the charge, and no omission to of errors required to be stated in the charge, and no omission to state
state the offence or those particulars, shall be regarded the offence or those particulars, shall be regarded at any
at any stage of the case as material, unless the accused stage of the case as material, unless the accused was in fact
was in fact misled by such error or omission, and it has misled by such error or omission, and it has occasioned a
occasioned a failure of justice. failure of justice.
Illustrations Illustrations
(a) A is charged under section 180 of the Bharatiya (a) A is charged under section 242 of the Indian Penal Code
Nyaya Sanhita, 2023, with "having been in possession (45 of 1860), with “having been in possession of
of counterfeit coin, having known at the time when he counterfeit coin, having known at the time when he
became possessed thereof that such coin was became possessed thereof that such coin was counterfeit,”
counterfeit," the word "fraudulently" being omitted in the word “fraudulently” being omitted in the charge.
the charge. Unless it appears that A was in fact misled Unless it appears that A was in fact misled by this
by this omission, the error shall not be regarded omission, the error shall not be regarded as material.
as material. (b) A is charged with cheating B, and the manner in which
(b) A is charged with cheating B, and the manner in he cheated B is not set out in the charge or is set out
which he cheated B is not set out in the charge or is set incorrectly. A defends himself, calls witnesses and gives
 out incorrectly. A defends himself, calls witnesses and his own account of the transaction. The Court may infer
gives his own account of the transaction. The Court from this that the omission to set out the manner of the
may infer from this that the omission to set out the cheating is not material.
manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which
(c) A is charged with cheating B, and the manner in he cheated B is not set out in the charge. There were many
which he cheated B is not set out in the charge. There transactions between A and B, and A had no means of
were many transactions between A and B, and A had knowing to which of them the charge referred, and offered
no means of knowing to which of them the charge no defence. The Court may infer from such facts that the
referred, and offered no defence. The Court may infer omission to set out the manner of the cheating was, in the
from such facts that the omission to set out the manner case, a material error.
of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the
(d) A is charged with the murder of Khoda Baksh on 21st January, 1882. In fact, the murdered person's name
the 21st January, 2023. In fact, the murdered person's was Haidar Baksh, and the date of the murder was the 20th
name was Haidar Baksh, and the date of the murder January, 1882. A was never charged with any murder but
was the 20th January, 2023. A was never charged with one, and had heard the inquiry before the Magistrate,
any murder but one, and had heard the inquiry before which referred exclusively to the case of Haidar Baksh.
the Magistrate, which referred exclusively to the case The Court may infer from these facts that A was not misled,
of Haidar Baksh. The Court may infer from these facts and that the error in the charge was immaterial.
that A was not misled, and that the error in the charge (e) A was charged with murdering Haidar Baksh on the
was immaterial. 20th January, 1882, and Khoda Baksh (who tried to arrest
(e) A was charged with murdering Haidar Baksh on the him for that murder) on the 21st January, 1882. When
20th January, 2023, and Khoda Baksh (who tried to charged for the murder of Haidar Baksh, he was tried for
arrest him for that murder) on the 21st January, 2023. the murder of Khoda Baksh. The witnesses present in his
When charged for the murder of Haidar Baksh, he was defence were witnesses in the case of Haidar Baksh. The
tried for the murder of Khoda Baksh. The witnesses Court may infer from this that A was misled, and that the
present in his defence were witnesses in the case of error was material.
Haidar Baksh. The Court may infer from this that A
was misled, and that the error was material.
239. Court (1) Any Court may alter or add to any charge at any 216. Court (1) Any Court may alter or add to any charge at any time
may alter time before judgment is pronounced. may alter before judgment is pronounced.
charge (2) Every such alteration or addition shall be read and charge (2) Every such alteration or addition shall be read and
explained to the accused. explained to the accused.
 (3) If the alteration or addition to a charge is such that (3) If the alteration or addition to a charge is such that
proceeding immediately with the trial is not likely, in proceeding immediately with the trial is not likely, in the
the opinion of the Court, to prejudice the accused in opinion of the Court, to prejudice the accused in his
his defence or the prosecutor in the conduct of the defence or the prosecutor in the conduct of the case, the
case, the Court may, in its discretion, after such Court may, in its discretion, after such alteration or
alteration or addition has been made, proceed with the addition has been made, proceed with the trial as if the
trial as if the altered or added charge had been the altered or added charge had been the original charge.
original charge. (4) If the alteration or addition is such that proceeding
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the
immediately with the trial is likely, in the opinion of Court, to prejudice the accused or the prosecutor as
the Court, to prejudice the accused or the prosecutor aforesaid, the Court may either direct a new trial or adjourn
as aforesaid, the Court may either direct a new trial or the trial for such period as may be necessary.
adjourn the trial for such period as may be necessary. (5) If the offence stated in the altered or added charge is
(5) If the offence stated in the altered or added charge one for the prosecution of which previous sanction is
is one for the prosecution of which previous sanction necessary, the case shall not be proceeded with until such
is necessary, the case shall not be proceeded with until sanction is obtained, unless sanction has been already
such sanction is obtained, unless sanction has been obtained for a prosecution on the same facts as those on
already obtained for a prosecution on the same facts as which the altered or added charge is founded.
those on which the altered or added charge is founded.
240. Recall Whenever a charge is altered or added to by the Court 217. Recall Whenever a charge is altered or added to by the Court after
of witnesses after the commencement of the trial, the prosecutor of witnesses the commencement of the trial, the prosecutor and the
when charge and the accused shall be allowed— when accused shall be allowed—
altered (a) to recall or re-summon, and examine with charge (a) to recall or re-summon, and examine with reference to
reference to such alteration or addition, any witness altered such alteration or addition, any witness who may have
who may have been examined, unless the Court, for been examined, unless the Court, for reasons to be
reasons to be recorded in writing, considers that the recorded in writing, considers that the prosecutor or the
prosecutor or the accused, as the case may be, desires accused, as the case may be, desires to recall or re-examine
to recall or re-examine such witness for the purpose of such witness for the purpose of vexation or delay or for
vexation or delay or for defeating the ends of justice; defeating the ends of justice;
(b) also to call any further witness whom the Court (b) also to call any further witness whom the Court may
may think to be material think to be material.
241. Separate (1) For every distinct offence of which any person is 218. 1) For every distinct offence of which any person is
charges for accused there shall be a separate charge, and every Separate accused there shall be a separate charge, and every such
distinct such charge shall be tried separately: charges for charge shall be tried separately:
offences Provided that where the accused person, by an distinct Provided that where the accused person, by an application
application in writing, so desires and the Magistrate is offences in writing, so desires and the Magistrate is of opinion that
of opinion that such person is not likely to be such person is not likely to be prejudiced thereby, the
prejudiced thereby, the Magistrate may try together all Magistrate may try together all or any number of the
or any number of the charges framed against such charges framed against such person.
person. (2) Nothing in sub-section (1) shall affect the operation of
(2) Nothing in sub-section (1) shall affect the the provisions of sections 219, 220, 221 and 223.
operation of the provisions of sections 242, 243, 244 Illustration
and 246. A is accused of a theft on one occasion, and of causing
Illustration grievous hurt on another occasion. A must be separately
A is accused of a theft on one occasion, and of causing charged and separately tried for the theft and causing
grievous hurt on another occasion. A must be grievous hurt.
separately charged and separately tried for the theft
and causing grievous hurt.
242. (1) When a person is accused of more offences than 219. Three (1) When a person is accused of more offences than one of
Offences of one of the same kind committed within the space of offences of the same kind committed within the space of twelve
same kind twelve months from the first to the last of such same kind months from the first to the last of such offences, whether
within year offences, whether in respect of the same person or not, within year in respect of the same person or not, he may be charged
may be he may be charged with, and tried at one trial for, any may be with, and tried at one trial for, any number of them not
charged number of them not exceeding five. charged exceeding three.
together (2) Offences are of the same kind when they are together (2) Offences are of the same kind when they are punishable
punishable with the same amount of punishment under with the same amount of punishment under the same
the same section of the Bharatiya Nyaya Sanhita, 2023 section of the Indian Penal Code (45 of 1860) or of any
or of any special or local law: special or local law:
Provided that for the purposes of this section, an Provided that, for the purposes of this section, an offence
offence punishable under sub-section (2) of section punishable under section 379 of the Indian Penal Code (45
303 of the Bharatiya Nyaya Sanhita, 2023 shall be of 1860) shall be deemed to be an offence of the same kind
deemed to be an offence of the same kind as an offence as an offence punishable under section 380 of the said
punishable under section 305 of the said Sanhita, and Code, and that an offence punishable under any section of
 that an offence punishable under any section of the the said Code, or of any special or local law, shall be
said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to
deemed to be an offence of the same kind as an attempt commit such offence, when such an attempt is an offence.
to commit such offence, when such an attempt is an
offence.
243. Trial for (1) If, in one series of acts so connected together as to 220. Trial (1) If, in one series of acts so connected together as to form
more than form the same transaction, more offences than one are for more the same transaction, more offences than one are
one offence committed by the same person, he may be charged than one committed by the same person, he may be charged with,
with, and tried at one trial for, every such offence. offence and tried at one trial for, every such offence.
(2) When a person charged with one or more offences (2) When a person charged with one or more offences of
of criminal breach of trust or dishonest criminal breach of trust or dishonest misappropriation of
misappropriation of property as provided in sub- property as provided in sub-section (2) of section 212 or in
section (2) of section 235 or in sub-section (1) of sub-section (1) of section 219, is accused of committing,
section 242, is accused of committing, for the purpose for the purpose of facilitating or concealing the
of facilitating or concealing the commission of that commission of that offence or those offences, one or more
offence or those offences, one or more offences of offences of falsification of accounts, he may be charged
falsification of accounts, he may be charged with, and with, and tried at one trial for, every such offence.
tried at one trial for, every such offence. (3) If the acts alleged constitute an offence falling within
(3) If the acts alleged constitute an offence falling two or more separate definitions of any law in force for the
within two or more separate definitions of any law in time being by which offences are defined or punished, the
force for the time being by which offences are defined person accused of them may be charged with, and tried at
or punished, the person accused of them may be one trial for, each of such offences.
charged with, and tried at one trial for, each of such (4) If several acts, of which one or more than one would by
offences. itself or themselves constitute an offence, constitute when
(4) If several acts, of which one or more than one combined a different offence, the person accused of them
would by itself or themselves constitute an offence, may be charged with, and tried at one trial for the offence
constitute when combined a different offence, the constituted by such acts when combined, and for any
person accused of them may be charged with, and tried offence constituted by any one, or more, of such acts.
at one trial for the offence constituted by such acts (5) Nothing contained in this section shall affect section 71
when combined, and for any offence constituted by of the Indian Penal Code (45 of 1860).
any one, or more, of such acts. Illustrations to sub-section (1)
(5) Nothing contained in this section shall affect (a) A rescues B, a person in lawful custody, and in so doing
section 9 of the Bharatiya Nyaya Sanhita, 2023. causes grievous hurt to C, a constable in whose custody B
Illustrations to sub-section (1) was. A may be charged with, and convicted of, offences
(a) A rescues B, a person in lawful custody, and in so under sections 225 and 333 of the Indian Penal Code (45
doing causes grievous hurt to C, a constable in whose of 1860).
custody B was. A may be charged with, and convicted (b) A commits house-breaking by day with intent to
of, offences under sub-section (2) of section 121 and commit adultery, and commits, in the house so entered,
section 263 of the Bharatiya Nyaya Sanhita, 2023. adultery with B's wife. A may be separately charged with,
(b) A commits house-breaking by day with intent to and convicted of, offences under sections 454 and 497 of
commit rape, and commits, in the house so entered, the Indian Penal Code (45 of 1860).
rape with B's wife. A may be separately charged with, (c) A entices B, the wife of C, away from C, with intent to
and convicted of, offences under section 64 and sub- commit adultery with B, and then commits adultery with
section (3) of section 331 of the Bharatiya Nyaya her. A may be separately charged with, and convicted of,
Sanhita, 2023. offences under sections 498 and 497 of the Indian Penal
(c) A has in his possession several seals, knowing them Code (45 of 1860).
to be counterfeit and intending to use them for the (d) A has in his possession several seals, knowing them to
purpose of committing several forgeries punishable be counterfeit and intending to use them for the purpose of
under section 337 of the Bharatiya Nyaya Sanhita, committing several forgeries punishable under section 466
2023. A may be separately charged with, and of the Indian Penal Code (45 of 1860). A may be
convicted of, the possession of each seal under sub- separatelycharged with, and convicted of, the possession
section (2) of section 341 of the Bharatiya Nyaya of each seal under section 473 of the Indian Penal Code.
Sanhita, 2023. (e) With intent to cause injury to B, A institutes a criminal
(d) With intent to cause injury to B, A institutes a proceeding against him, knowing that there is no just or
criminal proceeding against him, knowing that there is lawful ground for such proceeding, and also falsely
no just or lawful ground for such proceeding, and also accuses B of having committed an offence, knowing that
falsely accuses B of having committed an offence, there is no just or lawful ground for such charge. A may be
knowing that there is no just or lawful ground for such separately charged with, and convicted of, two offences
charge. A may be separately charged with, and under section 211 of the Indian Penal Code (45 of 1860).
convicted of, two offences under section 248 of the (f) A, with intent to cause injury to B, falsely accuses him
Bharatiya Nyaya Sanhita, 2023. of having committed an offence, knowing that there is no
(e) A, with intent to cause injury to B, falsely accuses just or lawful ground for such charge. On the trial, A gives
him of having committed an offence, knowing that false evidence against B, intending thereby to cause B to
there is no just or lawful ground for such charge. On be convicted of a capital offence. A may be separately
the trial, A gives false evidence against B, intending charged with, and convicted of, offences under sections
thereby to cause B to be convicted of a capital offence. 211 and 194 of the Indian Penal Code (45 of 1860).
A may be separately charged with, and convicted of, (g) A, with six others, commits the offences of rioting,
offences under sections 230 and 248 of the Bharatiya grievous hurt and assaulting a public servant endeavouring
Nyaya Sanhita, 2023. in the discharge of his duty as such to suppress the riot. A
(f) A, with six others, commits the offences of rioting, may be separately charged with, and convicted of, offences
grievous hurt and assaulting a public servant under sections 147, 325 and 152 of the Indian Penal Code
endeavouring in the discharge of his duty as such to (45 of 1860).
suppress the riot. A may be separately charged with, (h) A threatens B, C and D at the same time with injury to
and convicted of, offences under sub-section (2) of their persons with intent to cause alarm to them. A may be
section 117, sub-section (2) of section 191 and section separately charged with, and convicted of, each of the three
195 of the Bharatiya Nyaya Sanhita, 2023. offences under section 506 of the Indian Penal Code
(g) A threatens B, C and D at the same time with injury (45 of 1860).
to their persons with intent to cause alarm to them. A The separate charges referred to in illustrations (a) to (h),
may be separately charged with, and convicted of, respectively, may be tried at the same time.
each of the three offences under sub-sections (2) and Illustrations to sub-section (3)
(3) of section 351 of the Bharatiya Nyaya Sanhita, (i) A wrongfully strikes B with a cane. A may be separately
2023. The separate charges referred to in illustrations charged with, and convicted of, offences under sections
(a) to (g), respectively, may be tried at the same time. 352 and 323 of the Indian Penal Code (45 of 1860).
Illustrations to sub-section (3) (j) Several stolen sacks of corn are made over to A and B,
(h) A wrongfully strikes B with a cane. A may be who knew they are stolen property, for the purpose of
separately charged with, and convicted of, offences concealing them. A and B thereupon voluntarily assist each
under sub-section (2) of section 115 and section 131 other to conceal the sacks at the bottom of a grain-pit. A
of the Bharatiya Nyaya Sanhita, 2023. and B may be separately charged with, and convicted of,
(i) Several stolen sacks of corn are made over to A and offences under sections 411 and 414 of the Indian Penal
B, who knew they are stolen property, for the purpose Code (45 of 1860).
of concealing them. A and B thereupon voluntarily (k) A exposes her child with the knowledge that she is
assist each other to conceal the sacks at the bottom of thereby likely to cause its death. The child dies in
a grain-pit. A and B may be separately charged with, consequence of such exposure. A may be separately
and convicted of, offences under sub-sections (2) and charged with, and convicted of, offences under sections
317 and 304 of the Indian Penal Code (45 of 1860).
 (5) of section 317 of the Bharatiya Nyaya Sanhita, (l) A dishonestly uses a forged document as genuine
2023. evidence, in order to convict B, a public servant, of an
(j) A exposes her child with the knowledge that she is offence under section 167 of the Indian Penal Code (45 of
thereby likely to cause its death. The child dies in 1860). A may be separately charged with, and convicted of,
consequence of such exposure. A may be separately offences under sections 471 (read with section 466) and
charged with, and convicted of, offences under 196 of that Code.
sections 93 and 105 of the Bharatiya Nyaya Sanhita, Illustration to sub-section (4)
2023. (m) A commits robbery on B, and in doing so voluntarily
(k) A dishonestly uses a forged document as genuine causes hurt to him. A may be separately charged with, and
evidence, in order to convict B, a public servant, of an convicted of, offences under sections 323, 392 and 394 of
offence under section 201 of the Bharatiya Nyaya the Indian Penal Code (45 of 1860).
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. Where it (1) If a single act or series of acts is of such a nature 221. Where (1) If a single act or series of acts is of such a nature that it
is doubtful that it is doubtful which of several offences the facts it is is doubtful which of several offences the facts which can
what offence which can be proved will constitute, the accused may doubtful be proved will constitute, the accused may be charged with
has been be charged with having committed all or any of such what having committed all or any of such offences, and any
committed offences, and any number of such charges may be offence has number of such charges may be tried at once; or he may be
tried at once; or he may be charged in the alternative been charged in the alternative with having committed some one
with having committed someone of the said offences. committed of the said offences.
(2) If in such a case the accused is charged with one (2) If in such a case the accused is charged with one
offence, and it appears in evidence that he committed offence, and it appears in evidence that he committed a
a different offence for which he might have been different offence for which he might have been charged
under the provisions of sub-section (1), he may be
 charged under the provisions of sub-section (1), he convicted of the offence which he is shown to have
may be convicted of the offence which he is shown to committed, although he was not charged with it.
have committed, although he was not charged with it. Illustrations
Illustrations (a) A is accused of an act which may amount to theft, or
(a) A is accused of an act which may amount to theft, receiving stolen property, or criminal breach of trust or
or receiving stolen property, or criminal breach of trust cheating. He may be charged with theft, receiving stolen
or cheating. He may be charged with theft, receiving property, criminal breach of trust and cheating, or he may
stolen property, criminal breach of trust and cheating, be charged with having committed theft, or receiving
or he may be charged with having committed theft, or stolen property, or criminal breach of trust or cheating.
receiving stolen property, or criminal breach of trust (b) In the case mentioned, A is only charged with theft. It
or cheating. appears that he committed the offence of criminal breach
(b) In the case mentioned, A is only charged with theft. of trust, or that of receiving stolen goods. He may be
It appears that he committed the offence of criminal convicted of criminal breach of trust or of receiving stolen
breach of trust, or that of receiving stolen goods. He goods (as the case may be), though he was not charged with
may be convicted of criminal breach of trust or of such offence.
receiving stolen goods (as the case may be), though he (c) A states on oath before the Magistrate that he saw B hit
was not charged with such offence. C with a club. Before the Sessions Court A states on oath
(c) A states on oath before the Magistrate that he saw that B never hit C. A may be charged in the alternative and
B hit C with a club. Before the Sessions Court A states convicted of intentionally giving false evidence, although
on oath that B never hit C. A may be charged in the it cannot be proved which of these contradictory
alternative and convicted of intentionally giving false statements was false.
evidence, although it cannot be proved which of these
contradictory statements was false.
245. When (1) When a person is charged with an offence 222. When (1) When a person is charged with an offence consisting of
offence consisting of several particulars, a combination of offence several particulars, a combination of some only of which
proved some only of which constitutes a complete minor proved constitutes a complete minor offence, and such
included in offence, and such combination is proved, but the included in combination is proved, but the remaining particulars are
offence remaining particulars are not proved, he may be offence not proved, he may be convicted of the minor offence,
charged convicted of the minor offence, though he was not charged though he was not charged with it.
charged with it. (2) When a person is charged with an offence and facts are
(2) When a person is charged with an offence and facts proved which reduce it to a minor offence, he may be
are proved which reduce it to a minor offence, he may
 be convicted of the minor offence, although he is not convicted of the minor offence, although he is not charged
charged with it. with it.
(3) When a person is charged with an offence, he may (3) When a person is charged with an offence, he may be
be convicted of an attempt to commit such offence convicted of an attempt to commit such offence although
although the attempt is not separately charged. the attempt is not separately charged.
(4) Nothing in this section shall be deemed to (4) Nothing in this section shall be deemed to authorise a
authorise a conviction of any minor offence where the conviction of any minor offence where the conditions
conditions requisite for the initiation of proceedings in requisite for the initiation of proceedings in respect of that
respect of that minor offence have not been satisfied. minor offence have not been satisfied.
Illustrations Illustrations
(a) A is charged, under sub-section (3) of section 316 (a) A is charged, under section 407 of the Indian Penal
of the Bharatiya Nyaya Sanhita, 2023, with criminal Code (45 of 1860), with criminal breach of trust in respect
breach of trust in respect of property entrusted to him of property entrusted to him as a carrier. It appears, that he
as a carrier. It appears, that he did commit criminal did commit criminal breach of trust under section 406 of
breach of trust under sub-section (2) of section 316 of that Code in respect of the property, but that it was not
that Sanhita in respect of the property, but that it was entrusted to him as a carrier. He may be convicted of
not entrusted to him as a carrier. He may be convicted criminal breach of trust under the said section 406.
of criminal breach of trust under the said sub-section (b) A is charged, under section 325 of the Indian Penal
(2) of section 316. Code (45 of 1860), with causing grievous hurt. He proves
(b) A is charged, under sub-section (2) of section 117 that he acted on grave and sudden provocation. He may be
of the Bharatiya Nyaya Sanhita, 2023, with causing convicted under section 335 of that Code.
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. What The following persons may be charged and tried 223. What The following persons may be charged and tried
persons may together, namely:— persons together, namely:—
be charged (a) persons accused of the same offence committed in may be (a) persons accused of the same offence committed in the
jointly the course of the same transaction; charged course of the same transaction;
(b) persons accused of an offence and persons accused jointly (b) persons accused of an offence and persons accused of
of abetment of, or attempt to commit, such offence; abetment of, or attempt to commit, such offence;
(c) persons accused of more than one offence of the
same kind, within the meaning of section 242
committed by them jointly within the period of twelve (c) persons accused of more than one offence of the same
months; kind, within the meaning of section 219 committed by
(d) persons accused of different offences committed in them jointly within the period of twelve months;
the course of the same transaction; (d) persons accused of different offences committed in the
(e) persons accused of an offence which includes theft, course of the same transaction;
extortion, cheating, or criminal misappropriation, and (e) persons accused of an offence which includes theft,
persons accused of receiving or retaining, or assisting extortion, cheating, or criminal misappropriation, and
in the disposal or concealment of, property possession persons accused of receiving or retaining, or assisting in
of which is alleged to have been transferred by any the disposal or concealment of, property possession of
such offence committed by the first-named persons, or which is alleged to have been transferred by any such
of abetment of or attempting to commit any such last- offence committed by the first-named persons, or of
named offence; abetment of or attempting to commit any such last named
(f) persons accused of offences under sub-sections (2) offence; (f) persons accused of offences under sections 411
and (5) of section 317 of the Bharatiya Nyaya Sanhita, and 414 of the Indian Penal Code (45 of 1860) or either of
2023 or either of those sections in respect of stolen those sections in respect of stolen property the possession
property the possession of which has been transferred of which has been transferred by one offence;
by one offence; (g) persons accused of any offence under Chapter XII of
(g) persons accused of any offence under Chapter X of the Indian Penal Code (45 of 1860) relating to counterfeit
the Bharatiya Nyaya Sanhita, 2023 relating to coin and persons accused of any other offence under the
counterfeit coin and persons accused of any other said Chapter relating to the same coin, or of abetment of or
offence under the said Chapter relating to the same attempting to commit any such offence; and the provisions
coin, or of abetment of or attempting to commit any contained in the former part of this Chapter shall, so far as
such offence; and the provisions contained in the may be, apply to all such charges:
former part of this Chapter shall, so far as may be, Provided that where a number of persons are charged with
apply to all such charges: separate offences and such persons do not fall within any
Provided that where a number of persons are charged of the categories specified in this section, the [Magistrate
with separate offences and such persons do not fall or Court of Session] may, if such persons by an application
within any of the categories specified in this section, in writing, so desire, and [if he or it is satisfied] that such
the Magistrate or Court of Session may, if such persons would not be prejudicially affected thereby, and it
persons by an application in writing, so desire, and if is expedient so to do, try all such persons together.
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 224. When a charge containing more heads than one is framed
Withdrawal framed against the same person, and when a Withdrawal against the same person, and when a conviction has been
of remaining conviction has been had on one or more of them, the of had on one or more of them, the complainant, or the officer
charges on complainant, or the officer conducting the remaining conducting the prosecution, may, with the consent of the
conviction on prosecution, may, with the consent of the Court, charges on Court, withdraw the remaining charge or charges, or the
one of withdraw the remaining charge or charges, or the conviction Court of its own accord may stay the inquiry into, or trial
several Court of its own accord may stay the inquiry into, or on one of of, such charge or charges and such withdrawal shall have
charges trial of, such charge or charges and such withdrawal several the effect of an acquittal on such charge or charges, unless
shall have the effect of an acquittal on such charge or charges the conviction be set aside, in which case the said Court
charges, unless the conviction be set aside, in which (subject to the order of the Court setting aside the
case the said Court (subject to the order of the Court conviction) may proceed with the inquiry into, or trial of,
setting aside the conviction) may proceed with the the charge or charges so withdrawn.
inquiry into, or trial of, the charge or charges so
withdrawn.
248. Trial to In every trial before a Court of Session, the 225. Trial to In every trial before a Court of Session, the prosecution
be conducted prosecution shall be conducted by a Public Prosecutor. be shall be conducted by a Public Prosecutor.
by Public conducted
Prosecutor by Public
Prosecutor
249. Opening When the accused appears or is brought before the 226. When the accused appears or is brought before the Court
case for Court, in pursuance of a commitment of the case under Opening in pursuance of a commitment of the case under section
prosecution section 232, or under any other law for the time being case for 209, the prosecutor shall open his case by describing the
in force, the prosecutor shall open his case by prosecution charge brought against the accused and stating by what
describing the charge brought against the accused and evidence he proposes to prove the guilt of the accused.
stating by what evidence he proposes to prove the guilt
of the accused.
250. (1) The accused may prefer an application for 227. If, upon consideration of the record of the case and the
Discharge discharge within a period of sixty days from the date Discharge documents submitted therewith, and after hearing the
No of commitment of the case under section 232. submissions of the accused and the prosecution in this
equivalent behalf, the Judge considers that there is not sufficient
provision in (2) If, upon consideration of the record of the case and ground for proceeding against the accused, he shall
previous the documents submitted therewith, and after hearing discharge the accused and record his reasons for so doing.
code 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. Framing (1) If, after such consideration and hearing as 228. (1) If, after such consideration and hearing as aforesaid, the
of charge aforesaid, the Judge is of opinion that there is ground Framing of Judge is of opinion that there is ground for presuming that
for presuming that the accused has committed an charge the accused has committed an offence which—
offence which— (a) is not exclusively triable by the Court of Session, he
(a) is not exclusively triable by the Court of Session, may, frame a charge against the accused and, by order,
he may, frame a charge against the accused and, by transfer the case for trial to the Chief Judicial Magistrate,
order, transfer the case for trial to the Chief Judicial [or any other Judicial Magistrate of the first class and direct
Magistrate, or any other Judicial Magistrate of the first the accused to appear before the Chief Judicial Magistrate,
class and direct the accused to appear before the Chief or, as the case may be, the Judicial Magistrate of the first
Judicial Magistrate, or the Judicial Magistrate of the class, on such date as he deems fit, and thereupon such
first class, on such date as he deems fit, and thereupon Magistrate] shall try the offence in accordance with the
such Magistrate shall try the offence in accordance procedure for the trial of warrant-cases instituted on a
with the procedure for the trial of warrant-cases police report;
instituted on a police report; (b) is exclusively triable by the Court, he shall frame in
(b) is exclusively triable by the Court, he shall frame writing a charge against the accused.
in writing a charge against the accused within a period (2) Where the Judge frames any charge under clause (b) of
No of sixty days from the date of first hearing on charge. sub-section (1), the charge shall be read and explained to
equivalent (2) Where the Judge frames any charge under clause the accused and the accused shall be asked whether he
provision in (b) of sub-section (1), the charge shall be read and pleads guilty of the offence charged or claims to be tried.
previous explained to the accused present either physically or
code 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 229. If the accused pleads guilty, the Judge shall record the plea
Conviction plea and may, in his discretion, convict him thereon. Conviction and may, in his discretion, convict him thereon.
on plea of on plea of
guilty guilty
253. Date for If the accused refuses to plead, or does not plead, or 230. Date If the accused refuses to plead, or does not plead, or claims
prosecution claims to be tried or is not convicted under section for to be tried or is not convicted under section 229, the Judge
evidence 252, the Judge shall fix a date for the examination of prosecution shall fix a date for the examination of witnesses, and may,
witnesses, and may, on the application of the evidence on the application of the prosecution, issue any process for
prosecution, issue any process for compelling the compelling the attendance of any witness or the production
attendance of any witness or the production of any of any document or other thing.
document or other thing.
254. (1) On the date so fixed, the Judge shall proceed to 231. (1) On the date so fixed, the Judge shall proceed to take all
Evidence for take all such evidence as may be produced in support Evidence such evidence as may be produced in support of the
Prosecution of the prosecution: for prosecution.
No Provided that evidence of a witness under this sub- prosecution (2) The Judge may, in his discretion, permit the cross-
equivalent section may be recorded by audio-video electronic examination of any witness to be deferred until any other
provision in means. witness or witnesses have been examined or recall any
previous (2) The deposition of evidence of any public servant witness for further cross-examination.
code 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, 232. If, after taking the evidence for the prosecution, examining
Acquittal examining the accused and hearing the prosecution Acquittal the accused and hearing the prosecution and the defence on
and the defence on the point, the Judge considers that the point, the Judge considers that there is no evidence that
there is no evidence that the accused committed the the accused committed the offence, the Judge shall record
offence, the Judge shall record an order of acquittal. an order of acquittal.
256. Entering (1) Where the accused is not acquitted under section 233. (1) Where the accused is not acquitted under section 232,
upon defence 255, he shall be called upon to enter on his defence Entering he shall be called upon to enter on his defence and adduce
and adduce any evidence he may have in support upon any evidence he may have in support thereof.
thereof. defence (2) If the accused puts in any written statement, the Judge
(2) If the accused puts in any written statement, the shall file it with the record.
Judge shall file it with the record.
 (3) If the accused applies for the issue of any process (3) If the accused applies for the issue of any process for
for compelling the attendance of any witness or the compelling the attendance of any witness or the production
production of any document or thing, the Judge shall of any document or thing, the Judge shall issue such
issue such process unless he considers, for reasons to process unless he considers, for reasons to be recorded, that
be recorded, that such application should be refused such application should be refused on the ground that it is
on the ground that it is made for the purpose of made for the purpose of vexation or delay or for defeating
vexation or delay or for defeating the ends of justice. the ends of justice.
257. When the examination of the witnesses (if any) for the 234. When the examination of the witnesses (if any) for the
Arguments defence is complete, the prosecutor shall sum up his Arguments defence is complete, the prosecutor shall sum up his case
case and the accused or his advocate shall be entitled and the accused or his pleader shall be entitled to reply:
to reply: Provided that where any point of law is raised by the
Provided that where any point of law is raised by the accused or his pleader, the prosecution may, with the
accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard
permission of the Judge, make his submissions with to such point of law.
regard to such point of law.
258. (1) After hearing arguments and points of law (if any), 235. (1) After hearing arguments and points of law (if any), the
Judgment of the Judge shall give a judgment in the case, as soon as Judgment of Judge shall give a judgment in the case.
acquittal or possible, within a period of thirty days from the date acquittal or (2) If the accused is convicted, the Judge shall, unless he
conviction of completion of arguments, which may be extended conviction proceeds in accordance with the provisions of section 360,
No to a period of forty-five days for reasons to be recorded hear the accused on the questions of sentence, and then
equivalent in writing. pass sentence on him according to law.
provision in (2) If the accused is convicted, the Judge shall, unless
previous he proceeds in accordance with the provisions of
code section 401, hear the accused on the questions of
sentence, and then pass sentence on him according to
law.
259. Previous In a case where a previous conviction is charged under 236. In a case where a previous conviction is charged under the
conviction the provisions of sub-section (7) of section 234, and Previous provisions of sub-section (7) of section 211, and the
the accused does not admit that he has been previously conviction accused does not admit that he has been previously
convicted as alleged in the charge, the Judge may, after convicted as alleged in the charge, the Judge may, after he
he has convicted the said accused under section 252 or has convicted the said accused under section 229 or section
section 258, take evidence in respect of the alleged
 previous conviction, and shall record a finding 235, take evidence in respect of the alleged previous
thereon: conviction, and shall record a finding thereon:
Provided that no such charge shall be read out by the Provided that no such charge shall be read out by the Judge
Judge nor shall the accused be asked to plead thereto nor shall the accused be asked to plead thereto nor shall the
nor shall the previous conviction be referred to by the previous conviction be referred to by the prosecution or in
prosecution or in any evidence adduced by it, unless any evidence adduced by it, unless and until the accused
and until the accused has been convicted under section has been convicted under section 229 or section 235.
252 or section 258.
260. (1) A Court of Session taking cognizance of an offence 237. (1) A Court of Session taking cognizance of an offence
Procedure in under sub-section (2) of section 222 shall try the case Procedure under sub-section (2) of section 199 shall try the case in
cases in accordance with the procedure for the trial of in cases accordance with the procedure for the trial of warrant-
instituted warrant-cases instituted otherwise than on a police instituted cases instituted otherwise than on a police report before a
under sub- report before a Court of Magistrate: under Court of Magistrate:
section (2) Provided that the person against whom the offence is section Provided that the person against whom the offence is
of section alleged to have been committed shall, unless the Court 199(2) alleged to have been committed shall, unless the Court of
222 of Session, for reasons to be recorded, otherwise Session, for reasons to be recorded, otherwise directs, be
directs, be examined as a witness for the prosecution. examined as a witness for the prosecution.
(2) Every trial under this section shall be held in (2) Every trial under this section shall be held in camera if
camera if either party thereto so desires or if the Court either party thereto so desires or if the Court thinks fit so
thinks fit so to do. to do.
(3) If, in any such case, the Court discharges or acquits (3) If, in any such case, the Court discharges or acquits all
all or any of the accused and is of opinion that there or any of the accused and is of opinion that there was no
was no reasonable cause for making the accusation reasonable cause for making the accusation against them
against them or any of them, it may, by its order of or any of them, it may, by its order of discharge or acquittal,
discharge or acquittal, direct the person against whom direct the person against whom the offence was alleged to
the offence was alleged to have been committed (other have been committed (other than the President, Vice-
than the President, the Vice-President or the Governor President or the Governor of a State or the Administrator
of a State or the Administrator of a Union territory) to of a Union territory) to show cause why he should not pay
show cause why he should not pay compensation to compensation to such accused or to each or any of such
such accused or to each or any of such accused, when accused, when there are more than one.
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
 (4) The Court shall record and consider any cause satisfied that there was no reasonable cause for making the
which may be shown by the person so directed, and if accusation, it may, for reasons to be recorded, make an
it is satisfied that there was no reasonable cause for order that compensation to such amount not exceeding one
making the accusation, it may, for reasons to be thousand rupees, as it may determine, be paid by such
recorded, make an order that compensation to such person to the accused or to each or any of them.
amount not exceeding five thousand rupees, as it may (5) Compensation awarded under sub-section (4) shall be
determine, be paid by such person to the accused or to recovered as if it were a fine imposed by a Magistrate.
each or any of them. (6) No person who has been directed to pay compensation
(5) Compensation awarded under sub-section (4) shall under sub-section (4) shall, by reason of such order,
be recovered as if it were a fine imposed by a be exempted from any civil or criminal liability in respect
Magistrate. of the complaint made under this section:
(6) No person who has been directed to pay Provided that any amount paid to an accused person under
compensation under sub-section (4) shall, by reason of this section shall be taken into account in awarding
such order, be exempted from any civil or criminal compensation to such person in any subsequent civil suit
liability in respect of the complaint made under this relating to the same matter.
section: (7) The person who has been ordered under sub-section (4)
Provided that any amount paid to an accused person to pay compensation may appeal from the order, in so far
under this section shall be taken into account in as it relates to the payment of compensation, to the High
awarding compensation to such person in any Court.
subsequent civil suit relating to the same matter. (8) When an order for payment of compensation to an
(7) The person who has been ordered under sub- accused person is made, the compensation shall not be paid
section (4) to pay compensation may appeal from the to him before the period allowed for the presentation of the
order, in so far as it relates to the payment of appeal has elapsed, or, if an appeal is presented, before the
compensation, to the High Court. appeal has been decided.
(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.
261. When, in any warrant-case instituted on a police 238. When, in any warrant-case instituted on a police report, the
Compliance report, the accused appears or is brought before a Compliance accused appears or is brought before a Magistrate at the
with section Magistrate at the commencement of the trial, the commencement of the trial, the Magistrate shall satisfy
230 Magistrate shall satisfy himself that he has complied with section himself that he has complied with the provisions of section
with the provisions of section 230. 207 207.
262. When (1) The accused may prefer an application for 239. When If, upon considering the police report and the documents
accused discharge within a period of sixty days from the date accused sent with it under section 173 and making such
shall be of supply of copies of documents under section 230. shall be examination, if any, of the accused as the Magistrate thinks
discharged (2) If, upon considering the police report and the discharged necessary and after giving the prosecution and the accused
documents sent with it under section 193 and making an opportunity of being heard, the Magistrate considers the
No such examination, if any, of the accused, either charge against the accused to be groundless, he shall
equivalent physically or through audio-video electronic means, as discharge the accused, and record his reasons for so doing.
provision in the Magistrate thinks necessary and after giving the
previous prosecution and the accused an opportunity of being
code 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. Framing (1) If, upon such consideration, examination, if any, 240. (1) If, upon such consideration, examination, if any, and
of charge and hearing, the Magistrate is of opinion that there is Framing of hearing, the Magistrate is of opinion that there is ground
ground for presuming that the accused has committed charge for presuming that the accused has committed an offence
an offence triable under this Chapter, which such triable under this Chapter, which such Magistrate is
Magistrate is competent to try and which, in his competent to try and which, in his opinion, could be
opinion, could be adequately punished by him, he adequately punished by him, he shall frame in writing a
No shall frame in writing a charge against the accused charge against the accused.
equivalent within a period of sixty days from the date of first (2) The charge shall then be read and explained to the
provision in hearing on charge. accused, and he shall be asked whether he pleads guilty of
previous (2) The charge shall then be read and explained to the the offence charged or claims to be tried.
code 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 241. If the accused pleads guilty, the Magistrate shall record the
Conviction record the plea and may, in his discretion, convict him Conviction plea and may, in his discretion, convict him thereon.
on plea of thereon. on plea of
guilty guilty
265. (1) If the accused refuses to plead or does not plead, 242. (1) If the accused refuses to plead or does not plead, or
Evidence for or claims to be tried or the Magistrate does not convict Evidence claims to be tried or the Magistrate does not convict the
prosecution the accused under section 264, the Magistrate shall fix for accused under section 241, the Magistrate shall fix a date
a date for the examination of witnesses: prosecution for the examination of witnesses:
Provided that the Magistrate shall supply in advance [Provided that the Magistrate shall supply in advance to the
to the accused, the statement of witnesses recorded accused, the statement of witnesses recorded during
during investigation by the police. investigation by the police.]
(2) The Magistrate may, on the application of the (2) The Magistrate may, on the application of the
prosecution, issue a summons to any of its witnesses prosecution, issue a summons to any of its witnesses
directing him to attend or to produce any document or directing him to attend or to produce any document or other
other thing. thing.
(3) On the date so fixed, the Magistrate shall proceed (3) On the date so fixed, the Magistrate shall proceed to
to take all such evidence as may be produced in take all such evidence as may be produced in support of
support of the prosecution: the prosecution:
Provided that the Magistrate may permit the cross- Provided that the Magistrate may permit the cross-
examination of any witness to be deferred until any examination of any witness to be deferred until any other
other witness or witnesses have been examined or witness or witnesses have been examined or recall any
No recall any witness for further cross-examination: witness for further cross-examination.
equivalent Provided further that the examination of a witness
provision in under this sub-section may be done by audio-video
previous electronic means at the designated place to be notified
code by the State Government.
266. (1) The accused shall then be called upon to enter upon 243. (1) The accused shall then be called upon to enter upon his
Evidence for his defence and produce his evidence; and if the Evidence defence and produce
defence accused puts in any written statement, the Magistrate for defence his evidence; and if the accused puts in any written
shall file it with the record. statement, the Magistrate shall file it with the record.
(2) If the accused, after he has entered upon his (2) If the accused, after he has entered upon his defence,
defence, applies to the Magistrate to issue any process applies to the Magistrate to issue any process for
for compelling the attendance of any witness for the compelling the attendance of any witness for the purpose
purpose of examination or cross-examination, or the of examination or cross-examination, or the production of
production of any document or other thing, the any document or other thing, the Magistrate shall issue
Magistrate shall issue such process unless he considers such process unless he considers that such application
that such application should be refused on the ground should
that it is made for the purpose of vexation or delay or
 for defeating the ends of justice and such ground shall be refused on the ground that it is made for the purpose of
be recorded by him in writing: vexation or delay or for defeating the ends of justice and
Provided that when the accused has cross-examined or such ground shall be recorded by him in writing:
had the opportunity of cross-examining any witness Provided that, when the accused has cross-examined or had
before entering on his defence, the attendance of such the opportunity of cross-examining any witness before
witness shall not be compelled under this section, entering on his defence, the attendance of such witness
unless the Magistrate is satisfied that it is necessary for shall not be compelled under this section, unless the
the ends of justice: Magistrate is satisfied that it is necessary for the ends of
Provided further that the examination of a witness justice.
under this sub-section may be done by audio-video (3) The Magistrate may, before summoning any witness on
electronic means at the designated place to be notified an application under sub-section (2), require that the
by the State Government. reasonable expenses incurred by the witness in attending
(3) The Magistrate may, before summoning any for the purposes of the trial be deposited in Court.
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.
267. (1) When, in any warrant-case instituted otherwise 244. (1) When, in any warrant-case instituted otherwise than on
Evidence for than on a police report, the accused appears or is Evidence a police report, the accused appears or is brought before a
prosecution brought before a Magistrate, the Magistrate shall for Magistrate, the Magistrate shall proceed to hear the
proceed to hear the prosecution and take all such prosecution prosecution and take all such evidence as may be produced
evidence as may be produced in support of the in support of the prosecution.
prosecution. (2) The Magistrate may, on the application of the
(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses
prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other
directing him to attend or to produce any document or thing.
other thing.
268. When (1) If, upon taking all the evidence referred to in 245. When (1) If, upon taking all the evidence referred to in section
accused section 267, the Magistrate considers, for reasons to accused 244, the Magistrate considers, for reasons to be recorded,
shall be be recorded, that no case against the accused has been shall be that no case against the accused has been made out which,
discharged made out which, if unrebutted, would warrant his discharged if unrebutted, would warrant his conviction, the Magistrate
conviction, the Magistrate shall discharge him. shall discharge him.
 (2) Nothing in this section shall be deemed to prevent (2) Nothing in this section shall be deemed to prevent a
a Magistrate from discharging the accused at any Magistrate from discharging the accused at any previous
previous stage of the case if, for reasons to be recorded stage of the case if, for reasons to be recorded by such
by such Magistrate, he considers the charge to be Magistrate, he considers the charge to be groundless.
groundless
269. (1) If, when such evidence has been taken, or at any 246. (1) If, when such evidence has been taken, or at any
Procedure previous stage of the case, the Magistrate is of opinion Procedure previous stage of the case, the Magistrate is of opinion that
where that there is ground for presuming that the accused has where there is ground for presuming that the accused has
accused committed an offence triable under this Chapter, accused is committed an offence triable under this Chapter, which
is not which such Magistrate is competent to try and which, not such Magistrate is competent to try and which, in his
discharged in his opinion, could be adequately punished by him, discharged opinion, could be adequately punished by him, he shall
he shall frame in writing a charge against the accused. frame in writing a charge against the accused.
(2) The charge shall then be read and explained to the (2) The charge shall then be read and explained to the
accused, and he shall be asked whether he pleads accused, and he shall be asked whether he pleads guilty or
guilty or has any defence to make. has any defence to make.
(3) If the accused pleads guilty, the Magistrate shall (3) If the accused pleads guilty, the Magistrate shall record
record the plea, and may, in his discretion, convict him the plea, and may, in his discretion, convict him thereon.
thereon. (4) If the accused refuses to plead, or does not plead or
(4) If the accused refuses to plead, or does not plead claims to be tried or if the accused is not convicted under
or claims to be tried or if the accused is not convicted sub-section (3), he shall be required to state, at the
under sub-section (3), he shall be required to state, at commencement of the next hearing of the case, or, if the
the commencement of the next hearing of the case, or, Magistrate for reasons to be recorded in writing so thinks
if the Magistrate for reasons to be recorded in writing fit, forthwith, whether he wishes to cross-examine any,
so thinks fit, forthwith, whether he wishes to cross- and, if so, which, of the witnesses for the prosecution
examine any, and, if so, which, of the witnesses for the whose evidence has been taken.
prosecution whose evidence has been taken. (5) If he says he does so wish, the witnesses named by him
(5) If he says he does so wish, the witnesses named by shall be recalled and, after cross-examination and re-
him shall be recalled and, after cross-examination and examination (if any), they shall be discharged.
re-examination (if any), they shall be discharged. (6) The evidence of any remaining witnesses for the
(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-
prosecution shall next be taken, and after cross- examination and re-examination (if any), they shall also be
discharged.
 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
No witnesses under sub-sections (5) and (6) cannot be
equivalent secured for cross-examination, it shall be deemed that
provision in such witness has not been examined for not being
previous available, and the Magistrate may close the
code 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 247. The accused shall then be called upon to enter upon his
Evidence for his defence and produce his evidence; and the Evidence defence and produce his evidence; and the provisions of
defence provisions of section 266 shall apply to the case. for defence section 243 shall apply to the case.
271. (1) If, in any case under this Chapter in which a charge 248. (1) If, in any case under this Chapter in which a charge has
Acquittal or has been framed, the Magistrate finds the accused not Acquittal or been framed, the Magistrate finds the accused not guilty,
conviction guilty, he shall record an order of acquittal. conviction he shall record an order of acquittal.
(2) Where, in any case under this Chapter, the (2) Where, in any case under this Chapter, the Magistrate
Magistrate finds the accused guilty, but does not finds the accused guilty, but does not proceed in
proceed in accordance with the provisions of section accordance with the provisions of section 325 or section
364 or section 401, he shall, after hearing the accused 360, he shall, after hearing the accused on the question of
on the question of sentence, pass sentence upon him sentence, pass sentence upon him according to law.
according to law. (3) Where, in any case under this Chapter, a previous
(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub-section
conviction is charged under the provisions of sub- (7) of section 211 and the accused does not admit that he
section (7) of section 234 and the accused does not has been previously convicted as alleged in the charge, the
admit that he has been previously convicted as alleged Magistrate may, after he has convicted the said accused,
in the charge, the Magistrate may, after he has take evidence in respect of the alleged previous conviction,
convicted the said accused, take evidence in respect of and shall record a finding thereon:
the alleged previous conviction, and shall record a Provided that no such charge shall be read out by the
finding thereon: Magistrate nor shall the accused be asked to plead thereto
 Provided that no such charge shall be read out by the nor shall the previous conviction be referred to by the
Magistrate nor shall the accused be asked to plead prosecution or in any evidence adduced by it, unless and
thereto nor shall the previous conviction be referred to until the accused has been convicted under sub-section (2).
by the prosecution or in any evidence adduced by it,
unless and until the accused has been convicted under
sub-section (2).
272. Absence When the proceedings have been instituted upon 249. When the proceedings have been instituted upon
of complaint, and on any day fixed for the hearing of the Absence of complaint, and on any day fixed for the hearing of the case,
complainant case, the complainant is absent, and the offence may complainant the complainant is absent, and the offence may be lawfully
be lawfully compounded or is not a cognizable compounded or is not a cognizable offence, the Magistrate
offence, the Magistrate may after giving thirty days' may, in his discretion, notwithstanding anything
time to the complainant to be present, in his discretion, hereinbefore contained, at any time before the charge has
notwithstanding anything hereinbefore contained, at been framed, discharge the accused.
any time before the charge has been framed, discharge
the accused.
273. (1) If, in any case instituted upon complaint or upon 250. (1) If, in any case instituted upon complaint or upon
Compensatio information given to a police officer or to a Magistrate, Compensati information given to a police officer or to a Magistrate, one
n for one or more persons is or are accused before a on for or more persons is or are accused before a Magistrate of
accusation Magistrate of any offence triable by a Magistrate, and accusation any offence triable by a Magistrate, and the Magistrate by
without the Magistrate by whom the case is heard discharges without whom the case is heard discharges or acquits all or any of
reasonable or acquits all or any of the accused, and is of opinion reasonable the accused, and is of opinion that there was no reasonable
cause that there was no reasonable ground for making the cause ground for making the accusation against them or any of
accusation against them or any of them, the Magistrate them, the Magistrate may, by his order of discharge or
may, by his order of discharge or acquittal, if the acquittal, if the person upon whose complaint or
person upon whose complaint or information the information the accusation was made is present, call upon
accusation was made is present, call upon him him forthwith to show cause why he should not pay
forthwith to show cause why he should not pay compensation to such accused or to each or any of such
compensation to such accused or to each or any of accused when there are more than one; or, if such person is
such accused when there are more than one; or, if such not present, direct the issue of a summons to him to appear
person is not present, direct the issue of a summons to and show cause as aforesaid.
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
(2) The Magistrate shall record and consider any cause is satisfied that there was no reasonable ground for making
which such complainant or informant may show, and the accusation, may, for reasons to be recorded, make an
if he is satisfied that there was no reasonable ground order that compensation to such amount, not exceeding the
for making the accusation, may, for reasons to be amount of fine he is empowered to impose, as he may
recorded, make an order that compensation to such determine, be paid by such complainant or informant to the
amount, not exceeding the amount of fine he is accused or to each or any of them.
empowered to impose, as he may determine, be paid (3) The Magistrate may, by the order directing payment of
by such complainant or informant to the accused or to the compensation under sub-section (2), further order that,
each or any of them. in default of payment, the person ordered to pay such
(3) The Magistrate may, by the order directing compensation shall undergo simple imprisonment for a
payment of the compensation under sub-section (2), period not exceeding thirty days.
further order that, in default of payment, the person (4) When any person is imprisoned under sub-section (3),
ordered to pay such compensation shall undergo the provisions of sections 68 and 69 of the Indian Penal
simple imprisonment for a period not exceeding thirty Code (45 of 1860) shall, so far as may be, apply.
days. (5) No person who has been directed to pay compensation
(4) When any person is imprisoned under sub-section under this section shall, by reason of such order, be
(3), the provisions of sub-section (6) of section 8 of exempted from any civil or criminal liability in respect of
the Bharatiya Nyaya Sanhita, 2023 shall, so far as may the complaint made or information given by him:
be, apply. Provided that any amount paid to an accused person under
(5) No person who has been directed to pay this section shall be taken into account in awarding
compensation under this section shall, by reason of compensation to such person in any subsequent civil suit
such order, be exempted from any civil or criminal relating to the same matter.
liability in respect of the complaint made or (6) A complainant or informant who has been ordered
information given by him: under sub-section (2) by a Magistrate of the second class
Provided that any amount paid to an accused person to pay compensation exceeding one hundred rupees, may
under this section shall be taken into account in appeal from the order, as if such complainant or informant
awarding compensation to such person in any had been convicted on a trial held by such Magistrate.
subsequent civil suit relating to the same matter. (7) When an order for payment of compensation to an
(6) A complainant or informant who has been ordered accused person is made in a case which is subject to appeal
under sub-section (2) by a Magistrate of the second under sub-section (6), the compensation shall not be paid
class to pay compensation exceeding two thousand to him before the period allowed for the presentation of the
rupees, may appeal from the order, as if such appeal has elapsed, or, if an appeal is presented, before the
 complainant or informant had been convicted on a trial appeal has been decided; and where such order is made in
held by such Magistrate. a case which is not so subject to appeal the compensation
(7) When an order for payment of compensation to an shall not be paid before the expiration of one month from
accused person is made in a case which is subject to the date of the order.
appeal under sub-section (6), the compensation shall (8) The provisions of this section apply to summons-cases
not be paid to him before the period allowed for the as well as to warrant-cases.
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.
274. When in a summons-case the accused appears or is 251. When in a summons-case the accused appears or is brought
Substance of brought before the Magistrate, the particulars of the Substance before the Magistrate, the particulars of the offence of
accusation to offence of which he is accused shall be stated to him, of which he is accused shall be stated to him, and he shall be
be stated and he shall be asked whether he pleads guilty or has accusation asked whether he pleads guilty or has any defence to make,
any defence to make, but it shall not be necessary to to be stated but it shall not be necessary to frame a formal charge.
No frame a formal charge:
equivalent Provided that if the Magistrate considers the
provision in accusation as groundless, he shall, after recording
previous reasons in writing, release the accused and such
code release shall have the effect of discharge.
275. If the accused pleads guilty, the Magistrate shall 252. If the accused pleads guilty, the Magistrate shall record the
Conviction record the plea as nearly as possible in the words used Conviction plea as nearly as possible in the words used by the accused
on plea of by the accused and may, in his discretion, convict him on plea of and may, in his discretion, convict him thereon.
guilty thereon. guilty
276. (1) Where a summons has been issued under section 253. (1) Where a summons has been issued under section 206
Conviction 229 and the accused desires to plead guilty to the Conviction and the accused desires to plead guilty to the charge
on plea of charge without appearing before the Magistrate, he on plea of without appearing before the Magistrate, he shall transmit
guilty in shall transmit to the Magistrate, by post or by guilty in to the Magistrate, by post or by messenger, a letter
absence of messenger, a letter containing his plea and also the absence of containing his plea and also the amount of fine specified in
accused in amount of fine specified in the summons. accused in the summons.
petty cases (2) The Magistrate may, in his discretion, convict the petty cases (2) The Magistrate may, in his discretion, convict the
accused in his absence, on his plea of guilty and accused in his absence, on his plea of guilty and sentence
sentence him to pay the fine specified in the summons, him to pay the fine specified in the summons, and the
and the amount transmitted by the accused shall be amount transmitted by the accused shall be adjusted
adjusted towards that fine, or where an advocate towards that fine, or where a pleader authorised by the
authorised by the accused in this behalf pleads guilty accused in this behalf pleads guilty on behalf of the
on behalf of the accused, the Magistrate shall record accused, the Magistrate shall record the plea as nearly as
the plea as nearly as possible in the words used by the possible in the words used by the pleader and may, in his
advocate and may, in his discretion, convict the discretion, convict the accused on such plea and sentence
accused on such plea and sentence him as aforesaid. him as aforesaid.
277. (1) If the Magistrate does not convict the accused 254. (1) If the Magistrate does not convict the accused under
Procedure under section 275 or section 276, the Magistrate shall Procedure section 252 or section 253, the Magistrate shall proceed to
when not proceed to hear the prosecution and take all such when not hear the prosecution and take all such evidence as may be
convicted evidence as may be produced in support of the convicted produced in support of the prosecution, and also to hear the
prosecution, and also to hear the accused and take all accused and take all such evidence as he produces in his
such evidence as he produces in his defence. defence.
(2) The Magistrate may, if he thinks fit, on the (2) The Magistrate may, if he thinks fit, on the application
application of the prosecution or the accused, issue a of the prosecution or the accused, issue a summons to any
summons to any witness directing him to attend or to witness directing him to attend or to produce any document
produce any document or other thing. or other thing.
(3) The Magistrate may, before summoning any (3) The Magistrate may, before summoning any witness on
witness on such application, require that the such application, require that the reasonable expenses of
reasonable expenses of the witness incurred in the witness incurred in attending for the purposes of the
attending for the purposes of the trial be deposited in trial be deposited in Court.
Court.
278. (1) If the Magistrate, upon taking the evidence referred 255. (1) If the Magistrate, upon taking the evidence referred to
Acquittal or to in section 277 and such further evidence, if any, as Acquittal or in section 254 and such further evidence, if any, as he may,
conviction he may, of his own motion, cause to be produced, finds conviction of his own motion, cause to be produced, finds the accused
the accused not guilty, he shall record an order of not guilty, he shall record an order of acquittal.
acquittal.
 (2) Where the Magistrate does not proceed in (2) Where the Magistrate does not proceed in accordance
accordance with the provisions of section 364 or with the provisions of section 325 or section 360, he shall,
section 401, he shall, if he finds the accused guilty, if he finds the accused guilty, pass sentence upon him
pass sentence upon him according to law. according to law.
(3) A Magistrate may, under section 275 or section (3) A Magistrate may, under section 252 or section 255,
278, convict the accused of any offence triable under convict the accused of any offence triable under this
this Chapter, which from the facts admitted or proved Chapter, which from the facts admitted or proved he
he appears to have committed, whatever may be the appears to have committed, whatever may be the nature of
nature of the complaint or summons, if the Magistrate the complaint or summons, if the Magistrate is satisfied
is satisfied that the accused would not be prejudiced that the accused would not be prejudiced thereby.
thereby.
279. Non- (1) If the summons has been issued on complaint, and 256. Non- (1) If the summons has been issued on complaint, and on
appearance on the day appointed for the appearance of the appearance the day appointed for the appearance of the accused, or any
or death of accused, or any day subsequent thereto to which the or death of day subsequent thereto to which the hearing may be
complainant hearing may be adjourned, the complainant does not complainant adjourned, the complainant does not appear, the Magistrate
No appear, the Magistrate shall, after giving thirty days' shall, notwithstanding anything hereinbefore contained,
equivalent time to the complainant to be present, notwithstanding acquit the accused, unless for some reason he thinks it
provision in anything hereinbefore contained, acquit the accused, proper to adjourn the hearing of the case to some other day:
previous unless for some reason he thinks it proper to adjourn Provided that where the complainant is represented by a
code the hearing of the case to some other day: pleader or by the officer conducting the prosecution or
Provided that where the complainant is represented by where the Magistrate is of opinion that the personal
an advocate or by the officer conducting the attendance of the complainant is not necessary, the
prosecution or where the Magistrate is of opinion that Magistrate may, dispense with his attendance and proceed
the personal attendance of the complainant is not with the case.
necessary, the Magistrate may, dispense with his (2) The provisions of sub-section (1) shall, so far as may
attendance and proceed with the case. be, apply also to cases where the non-appearance of the
(2) The provisions of sub-section (1) shall, so far as complainant is due to his death.
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 257. If a complainant, at any time before a final order is passed
Withdrawal passed in any case under this Chapter, satisfies the Withdrawal in any case under this Chapter, satisfies the Magistrate that
of complaint Magistrate that there are sufficient grounds for there are sufficient grounds for permitting him to withdraw
 permitting him to withdraw his complaint against the of his complaint against the accused, or if there be more than
accused, or if there be more than one accused, against complaint one accused, against all or any of them, the Magistrate may
all or any of them, the Magistrate may permit him to permit him to withdraw the same, and shall thereupon
withdraw the same, and shall thereupon acquit the acquit the accused against whom the complaint is so
accused against whom the complaint is so withdrawn. withdrawn.
281. Power In any summons-case instituted otherwise than upon 258. Power In any summons-case instituted otherwise than upon
to stop complaint, a Magistrate of the first class or, with the to stop complaint, a Magistrate of the first class or, with the
proceedings previous sanction of the Chief Judicial Magistrate, any proceedings previous sanction of the Chief Judicial Magistrate, any
in certain other Judicial Magistrate, may, for reasons to be in certain other Judicial Magistrate, may, for reasons to be recorded
cases recorded by him, stop the proceedings at any stage cases by him, stop the proceedings at any stage without
without pronouncing any judgment and where such pronouncing any judgment and where such stoppage of
stoppage of proceedings is made after the evidence of proceedings is made after the evidence of the principal
the principal witnesses has been recorded, pronounce witnesses has been recorded, pronounce a judgment of
a judgment of acquittal, and in any other case, release acquittal, and in any other case, release the accused, and
the accused, and such release shall have the effect of such release shall have the effect of discharge.
discharge.
282. Power When in the course of the trial of a summons-case 259. Power When in the course of the trial of a summons-case relating
of Court to relating to an offence punishable with imprisonment of Court to to an offence punishable with imprisonment for a term
convert for a term exceeding six months, it appears to the convert exceeding six months, it appears to the Magistrate that in
summons Magistrate that in the interests of justice, the offence summons the interests of justice, the offence should be tried in
cases into should be tried in accordance with the procedure for cases into accordance with the procedure for the trial of warrant-
warrant- the trial of warrant-cases, such Magistrate may warrant- cases, such Magistrate may proceed to re-hear the case in
cases. proceed to re-hear the case in the manner provided by cases. the manner provided by this Code for the trial of warrant-
this Sanhita for the trial of warrant-cases and may cases and may re-call any witness who may have been
recall any witness who may have been examined. examined.
283. Power (1) Notwithstanding anything contained in this 260. Power (1) Notwithstanding anything contained in this Code—
to try Sanhita— to try (a) any Chief Judicial Magistrate;
summarily (a) any Chief Judicial Magistrate; summarily (b) any Metropolitan Magistrate;
(b) Magistrate of the first class, (c) any Magistrate of the first class specially empowered
shall try in a summary way all or any of the following in this behalf by the High Court,
offences:— may, if he thinks fit, try in a summary way all or any of the
following offences:—
 (i) theft, under sub-section (2) of section 303, section (i) offences not punishable with death, imprisonment for
305 or section 306 of the Bharatiya Nyaya Sanhita, life or imprisonment for a term exceeding two years;
2023 where the value of the property stolen does not (ii) theft, under section 379, section 380 or section 381 of
exceed twenty thousand rupees; the Indian Penal Code (45 of 1860), where the value of the
(ii) receiving or retaining stolen property, under sub- property stolen does not exceed [two thousand rupees];
section (2) of section 317 of the Bharatiya Nyaya (iii) receiving or retaining stolen property, under section
Sanhita, 2023, where the value of the property does 411 of the Indian Penal Code (45 of 1860), where the value
not exceed twenty thousand rupees; of the property does not exceed [two thousand rupees];
(iii) assisting in the concealment or disposal of stolen (iv) assisting in the concealment or disposal of stolen
property under sub-section (5) of section 317 of the property, under section 414 of the Indian Penal Code (45
Bharatiya Nyaya Sanhita, 2023, where the value of of 1860), where the value of such property does not exceed
such property does not exceed twenty thousand [two thousand rupees];
rupees; (v) offences under sections 454 and 456 of the Indian Penal
(iv) offences under sub-sections (2) and (3) of section Code (45 of 1860);
331 of the Bharatiya Nyaya Sanhita, 2023; (vi) insult with intent to provoke a breach of the peace,
(v) insult with intent to provoke a breach of the peace, under section 504, and [criminal intimidation punishable
under section 352, and criminal intimidation, under with imprisonment for a term which may extend to two
sub-sections (2) and (3) of section 351 of the Bharatiya years, or with fine, or with both], under section 506 of the
Nyaya Sanhita, 2023; Indian Penal Code (45 of 1860);
(vi) abetment of any of the foregoing offences; (vii) abetment of any of the foregoing offences;
(vii) an attempt to commit any of the foregoing (viii) an attempt to commit any of the foregoing offences,
offences, when such attempt is an offence; when such attempt is an offence;
(viii) any offence constituted by an act in respect of (ix) any offence constituted by an act in respect of which a
which a complaint may be made under section 20 of complaint may be made under section 20 of the Cattle-
the Cattle-trespass Act, 1871. trespass Act, 1871 (1 of 1871).
No (2) The Magistrate may, after giving the accused a (2) When, in the course of a summary trial it appears to the
equivalent reasonable opportunity of being heard, for reasons to Magistrate that the nature of the case is such that it is
provision in be recorded in writing, try in a summary way all or any undesirable to try it summarily, the Magistrate shall recall
previous of the offences not punishable with death or any witnesses who may have been examined and proceed
code imprisonment for life or imprisonment for a term to re-hear the case in the manner provided by this Code.
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 261. The High Court may confer on any Magistrate invested
Summary invested with the powers of a Magistrate of the Summary with the powers of a Magistrate of the second-class power
trial by second-class power to try summarily any offence trial by to try summarily any offence which is punishable only with
Magistrate of which is punishable only with fine or with Magistrate fine or with imprisonment for a term not exceeding six
the second imprisonment for a term not exceeding six months of the months with or without fine, and any abetment of or
class with or without fine, and any abetment of or attempt second class attempt to commit any such offence.
to commit any such offence.
285. (1) In trials under this Chapter, the procedure specified 262. (1) In trials under this Chapter, the procedure specified in
Procedure for in this Sanhita for the trial of summons-case shall be Procedure this Code for the trial of summons-case shall be followed
summary followed except as hereinafter mentioned. for except as hereinafter mentioned.
trials (2) No sentence of imprisonment for a term exceeding summary (2) No sentence of imprisonment for a term exceeding
three months shall be passed in the case of any trials three months shall be passed in the case of any conviction
conviction under this Chapter. under this Chapter.
286. Record In every case tried summarily, the Magistrate shall 263. Record In every case tried summarily, the Magistrate shall enter,
in summary enter, in such form as the State Government may in summary in such form as the State Government may direct, the
trials direct, the following particulars, namely:— trials following particulars, namely:—
(a) the serial number of the case; (a) the serial number of the case;
(b) the date of the commission of the offence; (b) the date of the commission of the offence;
(c) the date of the report or complaint; (c) the date of the report or complaint;
(d) the name of the complainant (if any); (d) the name of the complainant (if any);
(e) the name, parentage and residence of the accused; (e) the name, parentage and residence of the accused;
(f) the offence complained of and the offence (if any)
proved, and in cases coming under clause (ii), clause
 (f) the offence complained of and the offence (if any) (iii) or clause (iv) of sub-section (1) of section 260, the
proved, and in cases coming under clause (i), clause value of the property in respect of which the offence has
(ii) or clause (iii) of sub-section (1) of section 283, the been committed;
value of the property in respect of which the offence (g) the plea of the accused and his examination (if any);
has been committed; (h) the finding;
(g) the plea of the accused and his examination (if (i) the sentence or other final order;
any); (j) the date on which proceedings terminated.
(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 264. In every case tried summarily in which the accused does
Judgment in does not plead guilty, the Magistrate shall record the Judgment in not plead guilty, the Magistrate shall record the substance
cases tried substance of the evidence and a judgment containing cases tried of the evidence and a judgment containing a brief
summarily a brief statement of the reasons for the finding. summarily statement of the reasons for the finding.
288. (1) Every such record and judgment shall be written in 265. (1) Every such record and judgment shall be written in the
Language of the language of the Court. Language language of the Court.
record and (2) The High Court may authorise any Magistrate of record (2) The High Court may authorise any Magistrate
judgment empowered to try offences summarily to prepare the and empowered to try offences summarily to prepare the
aforesaid record or judgment or both by means of an judgment aforesaid record or judgment or both by means of an officer
officer appointed in this behalf by the Chief Judicial appointed in this behalf by the Chief Judicial Magistrate,
Magistrate, and the record or judgment so prepared and the record or judgment so prepared shall be signed by
shall be signed by such Magistrate. such Magistrate.
289. (1) This Chapter shall apply in respect of an accused 265A. 1) This Chapter shall apply in respect of an accused against
Application against whom— Application whom—
of Chapter (a) the report has been forwarded by the officer in of the (a) the report has been forwarded by the officer in charge
charge of the police station under section 193 alleging Chapter of the police station under section 173 alleging therein that
therein that an offence appears to have been an offence appears to have been committed by him other
committed by him other than an offence for which the than an offence for which the punishment of death or of
punishment of death or of imprisonment for life or of imprisonment for life or of imprisonment for a term
imprisonment for a term exceeding seven years has exceeding seven years has been provided under the law for
been provided under the law for the time being in the time being in force; or
force; or
 (b) a Magistrate has taken cognizance of an offence on (b) a Magistrate has taken cognizance of an offence on
complaint, other than an offence for which the complaint, other than an offence for which the punishment
punishment of death or of imprisonment for life or of of death or of imprisonment for life or of imprisonment for
imprisonment for a term exceeding seven years, has a term exceeding seven years, has been provided under the
been provided under the law for the time being in law for the time being in force, and after examining
force, and after examining complainant and witnesses complainant and witnesses under section 200, issued the
under section 223, issued the process under section process under section 204, but does not apply where such
227, but does not apply where such offence affects the offence affects the socio-economic condition of the
socio-economic condition of the country country or has been committed against a woman, or a child
or has been committed against a woman, or a child. below the age of fourteen years.
(2) For the purposes of sub-section (1), the Central (2) For the purposes of sub-section (1), the Central
Government shall, by notification, determine the Government shall, by notification, determine the offences
offences under the law for the time being in force under the law for the time being in force which shall be the
which shall be the offences affecting the socio- offences affecting the socio-economic condition of the
economic condition of the country. country.
290. (1) A person accused of an offence may file an 265B. (1) A person accused of an offence may file an application
Application application for plea bargaining within a period of Application for plea bargaining in the Court in which such offence is
for plea thirty days from the date of framing of charge in the for plea pending for trial.
bargaining Court in which such offence is pending for trial. bargaining (2) The application under sub-section (1) shall contain a
(2) The application under sub-section (1) shall contain brief description of the case relating to which the
a brief description of the case relating to which the application is filed including the offence to which the case
application is filed including the offence to which the relates and shall be accompanied by an affidavit sworn by
No case relates and shall be accompanied by an affidavit the accused stating therein that he has voluntarily
equivalent sworn by the accused stating therein that he has preferred, after understanding the nature and extent of
provision in voluntarily preferred, after understanding the nature punishment provided under the law for the offence, the
previous and extent of punishment provided under the law for plea bargaining in his case and that he has not previously
code the offence, the plea bargaining in his case and that he been convicted by a Court in a case in which he had been
has not previously been convicted by a Court in which charged with the same offence.
he had been charged with the same offence. (3) After receiving the application under sub-section (1),
(3) After receiving the application under sub-section the Court shall issue notice to the Public Prosecutor or the
(1), the Court shall issue notice to the Public complainant of the case, as the case may be, and to the
accused to appear on the date fixed for the case.
 Prosecutor or the complainant of the case and to the (4) When the Public Prosecutor or the complainant of the
accused to appear on the date fixed for the case. case, as the case may be, and the accused appear on the
(4) When the Public Prosecutor or the complainant of date fixed under sub-section (3), the Court shall examine
the case and the accused appear on the date fixed under the accused in camera, where the other party in the case
sub-section (3), the Court shall examine the accused shall not be present, to satisfy itself that the accused has
in camera, where the other party in the case shall not filed the application voluntarily and where—
be present, to satisfy itself that the accused has filed (a) the Court is satisfied that the application has been filed
the application voluntarily and where— by the accused voluntarily, it shall provide time to the
(a) the Court is satisfied that the application has been Public Prosecutor or the complainant of the case, as the
filed by the accused voluntarily, it shall provide time, case may be, and the accused to work out a mutually
not exceeding sixty days, to the Public Prosecutor or satisfactory disposition of the case which may include
the complainant of the case and the accused to work giving to the victim by the accused the compensation and
out a mutually satisfactory disposition of the case other expenses during the case and thereafter fix the date
which may include giving to the victim by the accused for further hearing of the case;
the compensation and other expenses during the case (b) the Court finds that the application has been filed
and thereafter fix the date for further hearing of the involuntarily by the accused or he has previously been
case; convicted by a Court in a case in which he had been
(b) the Court finds that the application has been filed charged with the same offence, it shall proceed further in
involuntarily by the accused or he has previously been accordance with the provisions of this Code from the stage
convicted by a Court in a case in which he had been such application has been filed under sub-section (1)
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 265C. In working out a mutually satisfactory disposition under
Guidelines under clause (a) of sub-section (4) of section 290, the Guidelines clause (a) of sub-section (4) of section 265B, the Court
for mutually Court shall follow the following procedure, namely:— for mutually shall follow the following procedure, namely:—
satisfactory (a) in a case instituted on a police report, the Court satisfactory (a) in a case instituted on a police report, the Court shall
disposition shall issue notice to the Public Prosecutor, the police disposition issue notice to the Public Prosecutor, the police officer who
officer who has investigated the case, the accused and has investigated the case, the accused and the victim of the
the victim of the case to participate in the meeting to case to participate in the meeting to work out a satisfactory
work out a satisfactory disposition of the case: disposition of the case:
 Provided that throughout such process of working out Provided that throughout such process of working out a
a satisfactory disposition of the case, it shall be the satisfactory disposition of the case, it shall be the duty of
duty of the Court to ensure that the entire process is the Court to ensure that the entire process is completed
completed voluntarily by the parties participating in voluntarily by the parties participating in the meeting:
the meeting: Provided further that the accused, if he so desires,
Provided further that the accused, if he so desires, may participate in such meeting with his pleader, if any,
participate in such meeting with his advocate, if any, engaged in the case;
engaged in the case; (b) in a case instituted otherwise than on police report, the
(b) in a case instituted otherwise than on police report, Court shall issue notice to the accused and the victim of the
the Court shall issue notice to the accused and the case to participate in a meeting to work out a satisfactory
victim of the case to participate in a meeting to work disposition of the case:
out a satisfactory disposition of the case: Provided that it shall be the duty of the Court to ensure,
Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory
throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by
disposition of the case, that it is completed voluntarily the parties participating in the meeting:
by the parties participating in the meeting: Provided further that if the victim of the case or the
Provided further that if the victim of the case or the accused, as the case may be, so desires, he may participate
accused so desires, he may participate in such meeting in such meeting with his pleader engaged in the case.
with his advocate engaged in the case.
292. Report Where in a meeting under section 291, a satisfactory 265D. Where in a meeting under section 265C, a satisfactory
of mutually disposition of the case has been worked out, the Court Report of disposition of the case has been worked out, the Court shall
satisfactory shall prepare a report of such disposition which shall the prepare a report of such disposition which shall be signed
disposition to be signed by the presiding officer of the Court and all mutually by the presiding officer of the Court and all other persons
be submitted other persons who participated in the meeting and if satisfactory who participated in the meeting and if no such disposition
before Court no such disposition has been worked out, the Court disposition has been worked out, the Court shall record such
shall record such observation and proceed further in to be observation and proceed further in accordance with the
accordance with the provisions of this Sanhita from submitted provisions of this Code from the stage the application
the stage the application under sub-section (1) of before the under sub-section (1) of section 265B has been filed in
section 290 has been filed in such case. Court such case.
293. Disposal Where a satisfactory disposition of the case has been 265E. Where a satisfactory disposition of the case has been
of case worked out under section 292, the Court shall dispose Disposal of worked out under section 265D, the Court shall dispose of
of the case in the following manner, namely:— the case the case in the following manner, namely:—
 (a) the Court shall award the compensation to the (a) the Court shall award the compensation to the victim in
victim in accordance with the disposition under accordance with the disposition under section 265D and
section 292 and hear the parties on the quantum of the hear the parties on the quantum of the punishment,
punishment, releasing of the accused on probation of releasing of the accused on probation of good conduct or
good conduct or after admonition under section 401 or after admonition under section 360 or for dealing with the
for dealing with the accused under the provisions of accused under the provisions of the Probation of Offenders
the Probation of Offenders Act, 1958 or any other law Act, 1958 (20 of 1958) or any other law for the time being
for the time being in force and follow the procedure in force and follow the procedure specified in the
specified in the succeeding clauses for imposing the succeeding clauses for imposing the punishment on the
punishment on the accused; accused;
(b) after hearing the parties under clause (a), if the (b) after hearing the parties under clause (a), if the Court is
Court is of the view that section 401 or the provisions of the view that section 360 or the provisions of the
of the Probation of Offenders Act, 1958 or any other Probation of Offenders Act, 1958 (20 of 1958) or any other
law for the time being in force are attracted in the case law for the time being in force are attracted in the case of
of the accused, it may release the accused on probation the accused, it may release the accused on probation or
or provide the benefit of any such law; provide the benefit of any such law, as the case may be;
(c) after hearing the parties under clause (b), if the (c) after hearing the parties under clause (b), if the Court
Court finds that minimum punishment has been finds that minimum punishment has been provided under
provided under the law for the offence committed by the law for the offence committed by the accused, it may
the accused, it may sentence the accused to half of sentence the accused to half of such minimum punishment;
such minimum punishment, and where the accused is (d) in case after hearing the parties under clause (b), the
a first-time offender and has not been convicted of any Court finds that the offence committed by the accused is
No offence in the past, it may sentence the accused to one- not covered under clause (b) or clause (c), then, it may
equivalent fourth of such minimum punishment; sentence the accused to one-fourth of the punishment
provision in (d) in case after hearing the parties under clause (b), provided or extendable, as the case may be, for such
previous the Court finds that the offence committed by the offence.
code 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 265F. The Court shall deliver its judgment in terms of section
Judgment of section 293 in the open Court and the same shall be Judgment of 265E in the open Court and the same shall be signed by the
Court signed by the presiding officer of the Court. the Court presiding officer of the Court.
295. Finality The judgment delivered by the Court under this 265G. The judgment delivered by the Court under section 265G
of the section shall be final and no appeal (except the special Finality of shall be final and no appeal (except the special leave
judgment leave petition under article 136 and writ petition under the petition under article 136 and writ petition under articles
articles 226 and 227 of the Constitution) shall lie in judgment 226 and 227 of the Constitution) shall lie in any Court
any Court against such judgment. against such judgment.
296. Power A Court shall have, for the purposes of discharging its
265H. A Court shall have, for the purposes of discharging its
of Court in functions under this Chapter, all the powers vested inPower of functions under this Chapter, all the powers vested in
plea respect of bail, trial of offences and other matters the Court in respect of bail, trial of offences and other matters relating
bargaining relating to the disposal of a case in such Court underplea to the disposal of a case in such Court under this Code
this Sanhita. bargaining
297. Period The provisions of section 468 shall apply, for setting265-I. The provisions of section 428 shall apply, for setting off
of detention off the period of detention undergone by the accused Period of the period of detention undergone by the accused against
undergone by against the sentence of imprisonment imposed under detention the sentence of imprisonment imposed under this Chapter,
accused to be this Chapter, in the same manner as they apply in undergone in the same manner as they apply in respect of the
set off respect of the imprisonment under other provisions of by the imprisonment under other provisions of this Code.
against this Sanhita. accused to
sentence of be set off
imprisonment against the
sentence of
imprisonme
nt
298. Savings The provisions of this Chapter shall have effect 265J. The provisions of this Chapter shall have effect
notwithstanding anything inconsistent therewith Savings notwithstanding anything inconsistent therewith contained
contained in any other provisions of this Sanhita and in any other provisions of this Code and nothing in such
nothing in such other provisions shall be construed to other provisions shall be construed to constrain the
constrain the meaning of any provision of this Chapter. meaning of any provision of this Chapter.
 Explanation.—For the purposes of this Chapter, the Explanation.—For the purposes of this Chapter, the
expression "Public Prosecutor" has the meaning expression “Public Prosecutor” has the meaning assigned
assigned to it under clause (v) of section 2 and includes to it under clause (u) of section 2 and includes an Assistant
an Assistant Public Prosecutor appointed under Public Prosecutor appointed under section 25.
section 19.

299. Notwithstanding anything contained in any law for the 265K. Notwithstanding anything contained in any law for the
Statements of time being in force, the statements or facts stated by Statements time being in force, the statements or facts stated by an
accused not an accused in an application for plea bargaining filed of accused accused in an application for plea bargaining filed under
to be used under section 290 shall not be used for any other not to be section 265B shall not be used for any other purpose except
purpose except for the purpose of this Chapter. used for the purpose of this Chapter.
300. Nothing in this Chapter shall apply to any juvenile or 265L. Non- Nothing in this Chapter shall apply to any juvenile or child
Nonapplicati child as defined in section 2 of the Juvenile Justice application as defined in clause (k) of section 2 of the Juvenile Justice
on of Chapter (Care and Protection of Children) Act, 2015. of the (Care and Protection of Children) Act, 2000 (56 of 2000).
Chapter
301. In this Chapter,— 266. In this Chapter,—
Definitions (a) "detained" includes detained under any law Definitions (a) “detained” includes detained under any law providing
providing for preventive detention; for preventive detention;
(b) "prison" includes,— (b) “prison” includes,—
(i) any place which has been declared by the State (i) any place which has been declared by the State
Government, by general or special order, to be a Government, by general or special order, to be a subsidiary
subsidiary jail; jail;
(ii) any reformatory, Borstal institution or other (ii) any reformatory, Borstal institution or institution of a
institution of a like nature. like nature.
302. Power (1) Whenever, in the course of an inquiry, trial or 267. Power (1) Whenever, in the course of an inquiry, trial or
to require proceeding under this Sanhita, it appears to a Criminal to require proceeding under this Code, it appears to a Criminal
attendance of Court,— attendance Court,—
prisoners (a) that a person confined or detained in a prison of prisoners (a) that a person confined or detained in a prison should be
should be brought before the Court for answering to a brought before the Court for answering to a charge of an
charge of an offence, or for the purpose of any offence, or for the purpose of any proceedings against him,
proceedings against him; or or
 (b) that it is necessary for the ends of justice to (b) that it is necessary for the ends of justice to examine
examine such person as a witness, the Court may make such person as a witness, the Court may make an order
an order requiring the officer in charge of the prison to requiring the officer in charge of the prison to produce such
produce such person before the Court answering to the person before the Court answering to the charge or for the
charge or for the purpose of such proceeding or for purpose of such proceeding or, as the case may be, for
giving evidence. giving evidence.
(2) Where an order under sub-section (1) is made by a (2) Where an order under sub-section (1) is made by a
Magistrate of the second class, it shall not be Magistrate of the second class, it shall not be forwarded to,
forwarded to, or acted upon by, the officer in charge of or acted upon by, the officer in charge of the prison unless
the prison unless it is countersigned by the Chief it is countersigned by the Chief Judicial Magistrate, to
Judicial Magistrate, to whom such Magistrate is whom such Magistrate is subordinate.
subordinate. (3) Every order submitted for countersigning under sub-
(3) Every order submitted for countersigning under section (2) shall be accompanied by a statement of the facts
sub-section (2) shall be accompanied by a statement which, in the opinion of the Magistrate, render the order
of the facts which, in the opinion of the Magistrate, necessary, and the Chief Judicial Magistrate to whom it is
render the order necessary, and the Chief Judicial submitted may, after considering such statement, decline to
Magistrate to whom it is submitted may, after countersign the order.
considering such statement, decline to countersign the
order.
303. Power (1) The State Government or the Central Government, 268. Power (1) The State Government may, at any time, having regard
of State as the case may be, may, at any time, having regard to of State to the matters specified in sub-section (2), by general or
Government the matters specified in sub-section (2), by general or Government special order, direct that any person or class of persons
or Central special order, direct that any person or class of persons to exclude shall not be removed from the prison in which he or they
Government shall not be removed from the prison in which he or certain may be confined or detained, and thereupon, so long as the
to exclude they may be confined or detained, and thereupon, so persons order remains in force, no order made under section 267,
certain long as the order remains in force, no order made from whether before or after the order of the State Government,
persons from under section 302, whether before or after the order of operation of shall have effect in respect of such person or class of
operation of the State Government or the Central Government, section 267 persons.
section 302 shall have effect in respect of such person or class of (2) Before making an order under sub-section (1), the State
persons. Government shall have regard to the following matters,
(2) Before making an order under sub-section (1), the namely:—
State Government or the Central Government in the
No cases instituted by its central agency, as the case may (a) the nature of the offence for which, or the grounds on
equivalent be, shall have regard to the following matters, which, the person or class of persons has been ordered to
provision in namely:— be confined or detained in prison;
previous (a) the nature of the offence for which, or the grounds (b) the likelihood of the disturbance of public order if the
code on which, the person or class of persons has been person or class of persons is allowed to be removed from
ordered to be confined or detained in prison; the prison;
(b) the likelihood of the disturbance of public order if (c) the public interest, generally.
the person or class of persons is allowed to be removed
from the prison;
(c) the public interest, generally.
304. Officer Where the person in respect of whom an order is made 269. Officer Where the person in respect of whom an order is made
in charge of under section 302— in charge of under section 267—
prison to (a) is by reason of sickness or infirmity unfit to be prison to (a) is by reason of sickness or infirmity unfit to be removed
abstain from removed from the prison; or abstain from the prison; or
carrying out (b) is under committal for trial or under remand from (b) is under committal for trial or under remand pending
order in pending trial or pending a preliminary investigation; carrying out trial or pending a preliminary investigation; or
certain or order in (c) is in custody for a period which would expire before the
contingencies (c) is in custody for a period which would expire certain expiration of the time required for complying with the
. before the expiration of the time required for contingenci order and for taking him back to the prison in which he is
complying with the order and for taking him back to es confined or detained; or
the prison in which he is confined or detained; or (d) is a person to whom an order made by the State
(d) is a person to whom an order made by the State Government under section 268 applies, the officer in
Government or the Central Government under section charge of the prison shall abstain from carrying out the
303 applies, the officer in charge of the prison shall Court's order and shall send to the Court a statement of
abstain from carrying out the Court's order and shall reasons for so abstaining:
send to the Court a statement of reasons for so Provided that where the attendance of such person is
abstaining: required for giving evidence at a place not more than
Provided that where the attendance of such person is twenty-five kilometres distance from the prison, the officer
required for giving evidence at a place not more than in charge of the prison shall not so abstain for the reason
twenty-five kilometres distance from the prison, the mentioned in clause (b).
officer in charge of the prison shall not so abstain for
the reason mentioned in clause (b).
305. Prisoner Subject to the provisions of section 304, the officer in 270. Subject to the provisions of section 269, the officer in
to be brought charge of the prison shall, upon delivery of an order Prisoner to charge of the prison shall, upon delivery of an order made
to Court in made under sub-section (1) of section 302 and duly be brought under sub-section (1) of section 267 and duly
custody countersigned, where necessary, under sub-section (2) to Court in countersigned, where necessary, under sub-section (2)
thereof, cause the person named in the order to be custody thereof, cause the person named in the order to be taken to
taken to the Court in which his attendance is required, the Court in which his attendance is required, so as to be
so as to be present there at the time mentioned in the present there at the time mentioned in the order, and shall
order, and shall cause him to be kept in custody in or cause him to be kept in custody in or near the Court until
near the Court until he has been examined or until the he has been examined or until the Court authorises him to
Court authorises him to be taken back to the prison in be taken back to the prison in which he was confined or
which he was confined or detained. detained.
306. Power The provisions of this Chapter shall be without 271. Power The provisions of this Chapter shall be without prejudice
to issue prejudice to the power of the Court to issue, under to issue to the power of the Court to issue, under section 284, a
commission section 319, a commission for the examination, as a commission commission for the examination, as a witness, of any
for witness, of any person confined or detained in a for person confined or detained in a prison; and the provisions
examination prison; and the provisions of Part B of Chapter XXV examination of Part B of Chapter XXIII shall apply in relation to the
of witness in shall apply in relation to the examination on of witness examination on commission of any such person in the
prison commission of any such person in the prison as they in prison prison as they apply in relation to the examination on
apply in relation to the examination on commission of commission of any other person.
any other person.
307. The State Government may determine what shall be, 272. The State Government may determine what shall be, for
Language of for purposes of this Sanhita, the language of each Language purposes of this Code, the language of each Court within
Courts Court within the State other than the High Court. of Courts the State other than the High Court.
308. Except as otherwise expressly provided, all evidence 273. Except as otherwise expressly provided, all evidence taken
Evidence to taken in the course of the trial or other proceeding shall Evidence to in the course of the trial or other proceeding shall be taken
be taken in be taken in the presence of the accused, or, when his be taken in in the presence of the accused, or, when his personal
presence of personal attendance is dispensed with, in the presence presence of attendance is dispensed with, in the presence of his
accused of his advocate including through audio-video accused pleader:
electronic means at the designated place to be notified [Provided that where the evidence of a woman below the
No by the State Government: age of eighteen years who is alleged to have been subjected
equivalent Provided that where the evidence of a woman below to rape or any other sexual offence, is to be recorded, the
provision in the age of eighteen years who is alleged to have been court may take appropriate measures to ensure that such
previous subjected to rape or any other sexual offence, is to be woman is not confronted by the accused while at the same
code recorded, the Court may take appropriate measures to time ensuring the right of cross-examination of the
ensure that such woman is not confronted by the accused.]
accused while at the same time ensuring the right of Explanation.—In this section, “accused” includes a person
cross-examination of the accused. in relation to whom any proceeding under Chapter VIII has
Explanation.—In this section, "accused" includes a been commenced under this Code.
person in relation to whom any proceeding under
Chapter IX has been commenced under this Sanhita.
309. Record (1) In all summons-cases tried before a Magistrate, in 274. Record (1) In all summons-cases tried before a Magistrate, in all
in summons all inquiries under sections 164 to 167 (both in inquiries under sections 145 to 148 (both inclusive), and in
cases and inclusive), and in all proceedings under section 491 summons- all proceedings under section 446 otherwise than in the
inquiries otherwise than in the course of a trial, the Magistrate cases and course of a trial, the Magistrate shall, as the examination
shall, as the examination of each witness proceeds, inquiries of each witness proceeds, make a memorandum of the
make a memorandum of the substance of the evidence substance of the evidence in the language of the Court:
in the language of the Court: Provided that if the Magistrate is unable to make such
Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason
memorandum himself, he shall, after recording the of his inability, cause such memorandum to be made in
reason of his inability, cause such memorandum to be writing or from his dictation in open Court.
made in writing or from his dictation in open Court. (2) Such memorandum shall be signed by the Magistrate
(2) Such memorandum shall be signed by the and shall form part of the record.
Magistrate and shall form part of the record.
310. Record (1) In all warrant-cases tried before a Magistrate, the 275. Record (1) In all warrant-cases tried before a Magistrate, the
in warrant- evidence of each witness shall, as his examination in warrant- evidence of each witness shall, as his examination
cases proceeds, be taken down in writing either by the cases proceeds, be taken down in writing either by the Magistrate
Magistrate himself or by his dictation in open Court himself or by his dictation in open Court or, where he is
or, where he is unable to do so owing to a physical or unable to do so owing to a physical or other incapacity,
other incapacity, under his direction and under his direction and superintendence, by an officer of
superintendence, by an officer of the Court appointed the Court appointed by him in this behalf:
by him in this behalf: [Provided that evidence of a witness under this sub-section
Provided that evidence of a witness under this sub- may also be recorded by audio-video electronic means in
section may also be recorded by audio-video the presence of the advocate of the person accused of the
offence.]
 electronic means in the presence of the advocate of the (2) Where the Magistrate causes the evidence to be taken
person accused of the offence. down, he shall record a certificate that the evidence could
(2) Where the Magistrate causes the evidence to be not be taken down by himself for the reasons referred to in
taken down, he shall record a certificate that the sub-section (1).
evidence could not be taken down by himself for the (3) Such evidence shall ordinarily be taken down in the
reasons referred to in sub-section (1). form of a narrative; but the Magistrate may, in his
(3) Such evidence shall ordinarily be taken down in discretion take down, or cause to be taken down, any part
the form of a narrative; but the Magistrate may, in his of such evidence in the form of question and answer.
discretion take down, or cause to be taken down, any (4) The evidence so taken down shall be signed by the
part of such evidence in the form of question and Magistrate and shall form part of the record.
answer.
(4) The evidence so taken down shall be signed by the
Magistrate and shall form part of the record.
311. Record (1) In all trials before a Court of Session, the evidence 276. Record (1) In all trials before a Court of Session, the evidence of
in trial before of each witness shall, as his examination proceeds, be in trial each witness shall, as his examination proceeds, be taken
Court of taken down in writing either by the presiding Judge before down in writing either by the presiding Judge himself or
Session himself or by his dictation in open Court, or under his Court of by his dictation in open Court, or under his direction and
direction and superintendence, by an officer of the Session superintendence, by an officer of the Court appointed by
Court appointed by him in this behalf. him in this behalf.
(2) Such evidence shall ordinarily be taken down in [(2) Such evidence shall ordinarily be taken down in the
the form of a narrative, but the presiding Judge may, form of a narrative, but the presiding Judge may, in his
in his discretion, take down, or cause to be taken discretion, take down, or cause to be taken down, any part
down, any part of such evidence in the form of of such evidence in the form of question and answer.]
question and answer. (3) The evidence so taken down shall be signed by the
(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.
presiding Judge and shall form part of the record.
312. In every case where evidence is taken down under 277. In every case where evidence is taken down under section
Language of section 310 or section 311,— Language 275 or 276,—
record of (a) if the witness gives evidence in the language of the of record of (a) if the witness gives evidence in the language of the
evidence Court, it shall be taken down in that language; evidence Court, it shall be taken down in that language;
(b) if he gives evidence in any other language, it may, (b) if he gives evidence in any other language, it may, if
if practicable, be taken down in that language, and if it practicable, be taken down in that language, and if it is not
 is not practicable to do so, a true translation of the practicable to do so, a true translation of the evidence in
evidence in the language of the Court shall be prepared the language of the Court shall be prepared as the
as the examination of the witness proceeds, signed by examination of the witness proceeds, signed by the
the Magistrate or presiding Judge, and shall form part Magistrate or presiding Judge, and shall form part of the
of the record; record;
(c) where under clause (b) evidence is taken down in (c) where under clause (b) evidence is taken down in a
a language other than the language of the Court, a true language other than the language of the Court, a true
translation thereof in the language of the Court shall translation thereof in the language of the Court shall be
be prepared as soon as practicable, signed by the prepared as soon as practicable, signed by the Magistrate
Magistrate or presiding Judge, and shall form part of or presiding Judge, and shall form part of the record:
the record: Provided that when under clause (b) evidence is taken
Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language
down in English and a translation thereof in the of the Court is not required by any of the parties, the Court
language of the Court is not required by any of the may dispense with such translation.
parties, the Court may dispense with such translation.
313. (1) As the evidence of each witness taken under 278. (1) As the evidence of each witness taken under section
Procedure in section 310 or section 311 is completed, it shall be read Procedure 275 or section 276 is completed, it shall be read over to
regard to over to him in the presence of the accused, if in in regard to him in the presence of the accused, if in attendance, or of
such attendance, or of his advocate, if he appears by an such his pleader, if he appears by pleader, and shall, if necessary,
evidence advocate, and shall, if necessary, be corrected. evidence be corrected.
when (2) If the witness denies the correctness of any part of when (2) If the witness denies the correctness of any part of the
completed the evidence when the same is read over to him, the completed evidence when the same is read over to him, the Magistrate
Magistrate or presiding Judge may, instead of or presiding Judge may, instead of correcting the evidence,
correcting the evidence, make a memorandum thereon make a memorandum thereon of the objection made to it
of the objection made to it by the witness and shall add by the witness and shall add such remarks as he thinks
such remarks as he thinks necessary. necessary.
(3) If the record of the evidence is in a language (3) If the record of the evidence is in a language different
different from that in which it has been given and the from that in which it has been given and the witness does
witness does not understand that language, the record not understand that language, the record shall be
shall be interpreted to him in the language in which it interpreted to him in the language in which it was given, or
was given, or in a language which he understands. in a language which he understands.
314. (1) Whenever any evidence is given in a language not 279. (1) Whenever any evidence is given in a language not
Interpretation
understood by the accused, and he is present in Court Interpretatio understood by the accused, and he is present in Court in
of evidence in person, it shall be interpreted to him in open Court n of person, it shall be interpreted to him in open Court in a
to accused orin a language understood by him. evidence to language understood by him.
his advocate (2) If he appears by an advocate and the evidence is accused or (2) If he appears by pleader and the evidence is given in a
given in a language other than the language of the his pleader language other than the language of the Court, and not
Court, and not understood by the advocate, it shall be understood by the pleader, it shall be interpreted to such
interpreted to such advocate in that language. pleader in that language.
(3) When documents are put for the purpose of formal (3) When documents are put for the purpose of formal
proof, it shall be in the discretion of the Court to proof, it shall be in the discretion of the Court to interpret
interpret as much thereof as appears necessary. as much thereof as appears necessary.
315. Remarks When a presiding Judge or Magistrate has recorded 280. When a presiding Judge or Magistrate has recorded the
respecting the evidence of a witness, he shall also record such Remarks evidence of a witness, he shall also record such remarks (if
demeanour of remarks (if any) as he thinks material respecting the respecting any) as he thinks material respecting the demeanour of
witness demeanour of such witness whilst under examination. demeanour such witness whilst under examination.
of witness
316. Record (1) Whenever the accused is examined by any 281. Record (1) Whenever the accused is examined by a Metropolitan
of Magistrate, or by a Court of Session, the whole of such of Magistrate, the Magistrate shall make a memorandum of
examination examination, including every question put to him and examination the substance of the examination of the accused in the
of accused every answer given by him, shall be recorded in full of accused language of the Court and such memorandum shall be
by the presiding Judge or Magistrate himself or where signed by the Magistrate and shall form part of the record.
he is unable to do so owing to a physical or other (2) Whenever the accused is examined by any Magistrate
incapacity, under his direction and superintendence by other than a Metropolitan Magistrate, or by a Court of
an officer of the Court appointed by him in this behalf. Session, the whole of such examination, including every
(2) The record shall, if practicable, be in the language question put to him and every answer given by him, shall
in which the accused is examined or, if that is not be recorded in full by the presiding Judge or Magistrate
practicable, in the language of the Court. himself or where he is unable to do so owing to a physical
(3) The record shall be shown or read to the accused, or other incapacity, under his direction and
or, if he does not understand the language in which it superintendence by an officer of the Court appointed by
is written, shall be interpreted to him in a language him in this behalf.
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 (3) The record shall, if practicable, be in the language in
the Magistrate or presiding Judge, who shall certify which the accused is examined or, if that is not practicable,
under his own hand that the examination was taken in in the language of the Court.
his presence and hearing and that the record contains (4) The record shall be shown or read to the accused, or, if
a full and true account of the statement made by he does not understand the language in which it is written,
the accused: shall be interpreted to him in a language which he
No Provided that where the accused is in custody and is understands, and he shall be at liberty to explain or add to
equivalent examined through electronic communication, his his answers.
provision in signature shall be taken within seventy-two hours of (5) It shall thereafter be signed by the accused and by the
previous such examination. Magistrate or presiding Judge, who shall certify under his
code (5) Nothing in this section shall be deemed to apply to own hand that the examination was taken in his presence
the examination of an accused person in the course of and hearing and that the record contains a full and true
a summary trial. account of the statement made by the accused.
(6) Nothing in this section shall be deemed to apply to the
examination of an accused person in the course of a
summary trial.
317. When the services of an interpreter are required by any
282. When the services of an interpreter are required by any
Interpreter to Criminal Court for the interpretation of any evidence Interpreter Criminal Court for the interpretation of any evidence or
be bound to or statement, he shall be bound to state the true to be bound statement, he shall be bound to state the true interpretation
interpret interpretation of such evidence or statement. to interpret of such evidence or statement.
truthfully truthfully
318. Record Every High Court may, by general rule, prescribe the 283. Record Every High Court may, by general rule, prescribe the
in High Court manner in which the evidence of witnesses and the in High manner in which the evidence of witnesses and the
examination of the accused shall be taken down in Court examination of the accused shall be taken down in cases
cases coming before it, and such evidence and coming before it, and such evidence and examination shall
examination shall be taken down in accordance with be taken down in accordance with such rule.
such rule.
319. When (1) Whenever, in the course of any inquiry, trial or 284. When (1) Whenever, in the course of any inquiry, trial or other
attendance of other proceeding under this Sanhita, it appears to a attendance proceeding under this Code, it appears to a Court or
witness may Court or Magistrate that the examination of a witness of witness Magistrate that the examination of a witness is necessary
be dispensed is necessary for the ends of justice, and that the may be for the ends of justice, and that the attendance of such
attendance of such witness cannot be procured without dispensed witness cannot be procured without an amount of delay,
with and an amount of delay, expense or inconvenience which, with and expense or inconvenience which, under the circumstances
commission under the circumstances of the case, would be commission of the case, would be unreasonable, the Court or Magistrate
issued unreasonable, the Court or Magistrate may dispense issued may dispense with such attendance and may issue a
with such attendance and may issue a commission for commission for the examination of the witness in
the examination of the witness in accordance with the accordance with the provisions of this Chapter:
provisions of this Chapter: Provided that where the examination of the President or the
Provided that where the examination of the President Vice-President of India or the Governor of a State or the
or the Vice-President of India or the Governor of a Administrator of a Union territory as a witness is necessary
State or the Administrator of a Union territory as a for the ends of Justice, a commission shall be issued for the
witness is necessary for the ends of justice, a examination of such a witness.
commission shall be issued for the examination of (2) The Court may, when issuing a commission for the
such a witness. examination of a witness for the prosecution, direct that
(2) The Court may, when issuing a commission for the such amount as the Court considers reasonable to meet the
examination of a witness for the prosecution, direct expenses of the accused, including the pleader's fees, be
that such amount as the Court considers reasonable to paid by the prosecution.
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 285. (1) If the witness is within the territories to which this Code
Commission Sanhita extends, the commission shall be directed to Commissio extends, the commission shall be directed to the Chief
to whom to the Chief Judicial Magistrate within whose local n to whom Metropolitan Magistrate or the Chief Judicial Magistrate,
be issued jurisdiction the witness is to be found. to be issued as the case may be, within whose local jurisdiction the
(2) If the witness is in India, but in a State or an area witness is to be found.
to which this Sanhita does not extend, the commission (2) If the witness is in India, but in a State or an area to
shall be directed to such Court or officer as the Central which this Code does not extend, the commission shall be
Government may, by notification, specify in this directed to such Court or officer as the Central Government
behalf. may, by notification, specify in this behalf.
(3) If the witness is in a country or place outside India (3) If the witness is in a country or place outside India and
and arrangements have been made by the Central arrangements have been made by the Central Government
Government with the Government of such country or with the Government of such country or place for taking
place for taking the evidence of witnesses in relation the evidence of witnesses in relation to criminal matters,
to criminal matters, the commission shall be issued in the commission shall be issued in such form, directed to
such Court or officer, and sent to such authority for
 such form, directed to such Court or officer, and sent transmission as the Central Government may, by
to such authority for transmission as the Central notification, prescribed in this behalf.
Government may, by notification, prescribe in this
behalf.
321. Upon receipt of the commission, the Chief Judicial 286. Upon receipt of the commission, the Chief Metropolitan
Execution of Magistrate or such Magistrate as he may appoint in Execution Magistrate, or Chief Judicial Magistrate or such
commissions this behalf, shall summon the witness before him or of Metropolitan or Judicial Magistrate as he may appoint in
proceed to the place where the witness is, and shall commission this behalf, shall summon the witness before him or
take down his evidence in the same manner, and may s proceed to the place where the witness is, and shall take
for this purpose exercise the same powers, as in trials down his evidence in the same manner, and may for this
of warrant-cases under this Sanhita. purpose exercise the same powers, as in trials or warrant-
cases under this Code.
322. Parties (1) The parties to any proceeding under this Sanhita in 287. Parties (1) The parties to any proceeding under this Code in which
may examine which a commission is issued may respectively may a commission is issued may respectively forward any
witnesses forward any interrogatories in writing which the Court examine interrogatories in writing which the Court or Magistrate
or Magistrate directing the commission may think witnesses directing the commission may think relevant to the issue,
relevant to the issue, and it shall be lawful for the and it shall be lawful for the Magistrate, Court or officer to
Magistrate, Court or officer to whom the commission, whom the commission, is directed, or to whom the duty of
is directed, or to whom the duty of executing it is executing it is delegated, to examine the witness upon such
delegated, to examine the witness upon such interrogatories.
interrogatories. (2) Any such party may appear before such magistrate,
(2) Any such party may appear before such Magistrate, Court or Officer by pleader, or if not in custody, in person,
Court or Officer by an advocate, or if not in custody, and may examine, cross-examine and re-examine (as the
in person, and may examine, cross-examine and re- case may be) the said witness.
examine the said witness.
323. Return (1) After any commission issued under section 319 has 288. Return (1) After any commission issued under section 284 has
of been duly executed, it shall be returned, together with of been duly executed, it shall be returned, together with the
commission the deposition of the witness examined thereunder, to commission deposition of the witness examined thereunder, to the
the Court or Magistrate issuing the commission; and Court or Magistrate issuing the commission; and the
the commission, the return thereto and the deposition commission, the return thereto and the deposition shall be
shall be open at all reasonable times to inspection of open at all reasonable times to inspection of the parties, and
the parties, and may, subject to all just exceptions, be
 read in evidence in the case by either party, and shall may, subject to all just exceptions, be read in evidence in
form part of the record. the case by either party, and shall form part of the record.
(2) Any deposition so taken, if it satisfies the (2) Any deposition so taken, if it satisfies the conditions
conditions specified by section 27 of the Bharatiya prescribed by section 33 of the Indian Evidence Act, 1872
Sakshya Adhiniyam, 2023, may also be received in (1 of 1872), may also be received in evidence at any
evidence at any subsequent stage of the case before subsequent stage of the case before another Court.
another Court.
324. In every case in which a commission is issued under 289. In every case in which a commission is issued under
Adjournment section 319, the inquiry, trial or other proceeding may Adjournme section 284, the inquiry, trial or other proceeding may be
of proceeding be adjourned for a specified time reasonably sufficient nt of adjourned for a specified time reasonably sufficient for the
for the execution and return of the commission. proceeding execution and return of the commission.
325. (1) The provisions of section 321 and so much of 290. (1) The provisions of section 286 and so much of section
Execution of section 322 and section 323 as relate to the execution Execution 287 and section 288 as relate to the execution of a
foreign of a commission and its return shall apply in respect of foreign commission and its return shall apply in respect of
commissions of commissions issued by any of the Courts, Judges or commission commissions issued by any of the Courts, Judges or
Magistrates hereinafter mentioned as they apply to s Magistrates hereinafter mentioned as they apply to
commissions issued under section 319. commissions issued under section 284.
(2) The Courts, Judges and Magistrates referred to in (2) The Courts, Judges and Magistrates referred to in sub-
sub-section (1) are— section (1) are—
(a) any such Court, Judge or Magistrate exercising (a) any such Court, Judge or Magistrate exercising
jurisdiction within an area in India to which this jurisdiction within an area in India to which this Code does
Sanhita does not extend, as the Central Government not extend, as the Central Government may, by
may, by notification, specify in this behalf; notification, specify in this behalf;
(b) any Court, Judge or Magistrate exercising (b) any Court, Judge or Magistrate exercising jurisdiction
jurisdiction in any such country or place outside India, in any such country or place outside India, as the Central
as the Central Government may, by notification, Government may, by notification, specify in this behalf,
specify in this behalf, and having authority, under the and having authority, under the law in force in that country
law in force in that country or place, to issue or place, to issue commissions for the examination of
commissions for the examination of witnesses in witnesses in relation to criminal matters.
relation to criminal matters.
326. (1) The deposition of a civil surgeon or other medical 291. (1) The deposition of civil surgeon or other medical
Deposition of witness, taken and attested by a Magistrate in the Deposition witness, taken and attested by a Magistrate in the presence
medical presence of the accused, or taken on commission of medical of the accused, or taken on commission under this Chapter,
witness under this Chapter, may be given in evidence in any witness may be given in evidence in any inquiry, trial or other
inquiry, trial or other proceeding under this Sanhita, proceeding under this Code, although the deponent is not
although the deponent is not called as a witness. called as a witness.
(2) The Court may, if it thinks fit, and shall, on the (2) The Court may, if it thinks fit, and shall, on the
application of the prosecution or the accused, summon application of the prosecution or the accused, summon and
and examine any such deponent as to the subject- examine any such deponent as to the subject-matter of his
matter of his deposition. deposition.
327. (1) Any document purporting to be a report of 291A. (1) Any document purporting to be a report of
Identification identification under the hand of an Executive Identificatio identification under the hand of an Executive Magistrate in
report of Magistrate in respect of a person or property may be n report of respect of a person or property may be used as evidence in
Magistrate used as evidence in any inquiry, trial or other Magistrate any inquiry, trial or other proceeding under this Code,
proceeding under this Sanhita, although such although such Magistrate is not called as a witness:
Magistrate is not called as a witness: Provided that where such report contains a statement of
Provided that where such report contains a statement any suspect or witness to which the provisions of section
of any suspect or witness to which the provisions of 21, section 32, section 33, section 155 or section 157, as
section 19, section 26, section 27, section 158 or the case may be, of the Indian Evidence Act, 1872 (1 of
section 160 of the Bharatiya Sakshya Adhiniyam, 1872), apply, such statement shall not be used under this
2023, apply, such statement shall not be used under sub-section except in accordance with the provisions
this sub-section except in accordance with the of those sections.
provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon
application of the prosecution or of the accused, and examine such Magistrate as to the subject-matter of the
summon and examine such Magistrate as to the said report.
subject-matter of the said report.
328. (1) Any document purporting to be a report under the 292. (1) Any document purporting to be a report under the hand
Evidence of hand of a gazetted officer of any Mint or of any Note Evidence of of any such [officer of any Mint or of any Note Printing
officers of Printing Press or of any Security Printing Press officers of Press or of any Security Printing Press (including the
Mint (including the officer of the Controller of Stamps and the Mint officer of the Controller of Stamps and Stationery) or of
Stationery) or of any Forensic Department or Division any Forensic Department or Division of Forensic Science
of Forensic Science Laboratory or any Government Laboratory or any Government Examiner of Questioned
Examiner of Questioned Documents or any State Documents or any State Examiner of Questioned
 Examiner of Questioned Documents as the Central Documents, as the case may be,] as the Central
Government may, by notification, specify in this Government may, by notification, specify in this behalf,
behalf, upon any matter or thing duly submitted to him upon any matter or thing duly submitted to him for and
for examination and report in the course of any report in the course of any proceeding under this Code,
proceeding under this Sanhita, may be used as may be used as evidence in any inquiry, trial or other
evidence in any inquiry, trial or other proceeding proceeding under this Code, although such officer is not
under this Sanhita, although such officer is not called called as a witness.
as a witness. (2) The Court may, if it thinks fit, summon and examine
(2) The Court may, if it thinks fit, summon and any such officer as to the subject-matter of his report:
examine any such officer as to the subject-matter of Provided that no such officer shall be summoned to
his report: produce any records on which the report is based.
Provided that no such officer shall be summoned to (3) Without prejudice to the provisions of sections 123 and
produce any records on which the report is based. 124 of the Indian Evidence Act, 1872 (1 of 1872), no such
(3) Without prejudice to the provisions of sections 129 officer shall, [except with the permission of the General
and 130 of the Bharatiya Sakshya Adhiniyam, 2023, Manager or any officer in charge of any Mint or of any
no such officer shall, except with the permission of the Note Printing Press or of any Security Printing Press or of
General Manager or any officer in charge of any Mint any Forensic Department or any officer in charge of the
or of any Note Printing Press or of any Security Forensic Science Laboratory or of the Government
Printing Press or of any Forensic Department or any Examiner of Questioned Documents Organisation or of the
officer in charge of the Forensic Science Laboratory State Examiner of Questioned Documents Organisation, as
or of the Government Examiner of Questioned the case may be,] be permitted—
Documents Organisation or of the State Examiner of (a) to give any evidence derived from any unpublished
Questioned Documents Organisation be permitted— official records on which the report is based; or
(a) to give any evidence derived from any unpublished (b) to disclose the nature or particulars of any test applied
official records on which the report is based; or by him in the course of the examination of the matter or
(b) to disclose the nature or particulars of any test thing.
applied by him in the course of the examination of the
matter or thing.
329. Reports (1) Any document purporting to be a report under the 293. (1) Any document purporting to be a report under the hand
of certain hand of a Government scientific expert to whom this Reports of of a Government scientific expert to whom this section
Government section applies, upon any matter or thing duly certain applies, upon any matter or thing duly submitted to him for
scientific submitted to him for examination or analysis and Government examination or analysis and report in the course of any
experts report in the course of any proceeding under this scientific proceeding under this Code, may be used as evidence in
Sanhita, may be used as evidence in any inquiry, trial experts any inquiry, trial or other proceeding under this Code.
or other proceeding under this Sanhita. (2) The Court may, if it thinks fit, summon and examine
(2) The Court may, if it thinks fit, summon and any such expert as to the subject-matter of his report.
examine any such expert as to the subject-matter of his (3) Where any such expert is summoned by a Court, and
report. he is unable to attend personally, he may, unless the Court
(3) Where any such expert is summoned by a Court, has expressly directed him to appear personally, depute any
and he is unable to attend personally, he may, unless responsible officer working with him to attend the Court,
the Court has expressly directed him to appear if such officer is conversant with the facts of the case and
personally, depute any responsible officer working can satisfactorily depose in Court on his behalf.
with him to attend the Court, if such officer is (4) This section applies to the following Government
conversant with the facts of the case and can scientific experts, namely:—
satisfactorily depose in Court on his behalf. (a) any Chemical Examiner or Assistant Chemical
(4) This section applies to the following Government Examiner to Government;
scientific experts, namely:— [(b) the Chief Controller of Explosives;]
(a) any Chemical Examiner or Assistant Chemical (c) the Director of the Finger Print Bureau;
Examiner to Government; (d) the Director, Haffkeine Institute, Bombay;
(b) the Chief Controller of Explosives; (e) the Director [, Deputy Director or Assistant Director]
(c) the Director of the Finger Print Bureau; of a Central Forensic Science Laboratory or a State
(d) the Director, Haffkeine Institute, Bombay; Forensic Science Laboratory;
(e) the Director, Deputy Director or Assistant Director (f) the Serologist to the Government;
of a Central Forensic Science Laboratory or a State [(g) any other Government scientific expert specified, by
Forensic Science Laboratory; notification, by the Central Government for this purpose.]
(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. No (1) Where any document is filed before any Court by 294. No (1) Where any document is filed before any Court by the
formal the prosecution or the accused, the particulars of every formal prosecution or the accused, the particulars of every such
proof of such document shall be included in a list and the proof of document shall be included in a list and the prosecution or
certain prosecution or the accused or the advocate for the certain the accused, as the case may be, or the pleader for the
documents prosecution or the accused, if any, shall be called upon documents prosecution or the accused, if any, shall be called upon to
 to admit or deny the genuineness of each such admit or deny the genuineness of each such document.
document soon after supply of such documents and in (2) The list of documents shall be in such form as be
No no case later than thirty days after such supply: prescribed by the State Government.
equivalent Provided that the Court may, in its discretion, relax the (3) Where the genuineness of any document is not
provision in time limit with reasons to be recorded in writing: disputed, such document may be read in evidence in
previous Provided further that no expert shall be called to inquiry, trial or other proceeding under this Code without
code appear before the Court unless the report of such proof of the signature of the person to whom it purports to
expert is disputed by any of the parties to the trial. be signed:
(2) The list of documents shall be in such form as the Provided that the Court may, in its discretion, require such
State Government may, by rules, provide. signature to be proved.
(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 295. When any application is made to any Court in the course
Affidavit in course of any inquiry, trial or other proceeding under Affidavit in of any inquiry, trial or other proceeding under this Code,
proof of this Sanhita, and allegations are made therein proof of and allegations are made therein respecting any public
conduct of respecting any public servant, the applicant may give conduct of servant, the applicant may give evidence of the facts
public evidence of the facts alleged in the application by public alleged in the application by affidavit, and the Court may,
servants affidavit, and the Court may, if it thinks fit, order that servants if it thinks fit, order that evidence relating to such facts be
evidence relating to such facts be so given. so given.
332. (1) The evidence of any person whose evidence is of a 296. (1) The evidence of any person whose evidence is of a
Evidence of formal character may be given by affidavit and may, Evidence of formal character may be given by affidavit and may,
formal subject to all just exceptions, be read in evidence in formal subject to all just exceptions, be read in evidence in any
character on any inquiry, trial or other proceeding under this character on inquiry, trial or other proceeding under this Code.
affidavit Sanhita. affidavit (2) The Court may, if it thinks fit, and shall, on the
(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and
application of the prosecution or the accused, summon examine any such person as to the facts contained in his
affidavit.
 and examine any such person as to the facts contained
in his affidavit.
333. (1) Affidavits to be used before any Court under this 297. (1) Affidavits to be used before any Court under this Code
Authorities Sanhita may be sworn or affirmed before— Authorities may be sworn or affirmed before—
before whom (a) any Judge or Judicial or Executive Magistrate; or before [(a) any Judge or Judicial or Executive Magistrate, or]
affidavits (b) any Commissioner of Oaths appointed by a High whom (b) any Commissioner of Oaths appointed by a High Court
may be Court or Court of Session; or affidavits or Court of Session, or
sworn (c) any notary appointed under the Notaries Act, 1952. may be (c) any notary appointed under the Notaries Act, 1952 (53
(2) Affidavits shall be confined to, and shall state sworn of 1952).
separately, such facts as the deponent is able to prove (2) Affidavits shall be confined to, and shall state
from his own knowledge and such facts as he has separately, such facts as the deponent is able to prove from
reasonable ground to believe to be true, and in the his own knowledge and such facts as he has reasonable
latter case, the deponent shall clearly state the grounds ground to believe to be true, and in the latter case, the
of such belief. deponent shall clearly state the grounds of such belief.
(3) The Court may order any scandalous and irrelevant (3) The Court may order any scandalous and irrelevant
matter in the affidavit to be struck out or amended. matter in the affidavit to be struck out or amended.
334. Previous In any inquiry, trial or other proceeding under this 298. In any inquiry, trial or other proceeding under this Code, a
conviction or Sanhita, a previous conviction or acquittal may be Previous previous conviction or acquittal may be proved, in addition
acquittal how proved, in addition to any other mode provided by any conviction to any other mode provided by any law for the time being
proved law for the time being in force,— or acquittal in force,—
(a) by an extract certified under the hand of the officer how proved (a) by an extract certified under the hand of the officer
having the custody of the records of the Court in which having the custody of the records of the Court in which
such conviction or acquittal was held, to be a copy of such conviction or acquittal was held, to be a copy of the
the sentence or order; or sentence or order, or
(b) in case of a conviction, either by a certificate (b) in case of a conviction, either by a certificate signed by
signed by the officer in charge of the jail in which the the officer in charge of the Jail in which the punishment or
punishment or any part thereof was undergone, or by any part thereof was undergone, or by production of the
production of the warrant of commitment under which warrant of commitment under which the punishment was
the punishment was suffered, together with, in each of suffered, together with, in each of such cases, evidence as
such cases, evidence as to the identity of the accused to the identity of the accused person with the person so
person with the person so convicted or acquitted. convicted or acquitted.
335. Record (1) If it is proved that an accused person has 299. Record (1) If it is proved that an accused person has absconded,
of evidence absconded, and that there is no immediate prospect of of evidence and that there is no immediate prospect of arresting him,
in absence of arresting him, the Court competent to try, or commit in absence the Court competent to try [, or commit for trial,] such
accused for trial, such person for the offence complained of of accused person for the offence complained of may, in his absence,
may, in his absence, examine the witnesses (if any) examine the witnesses (if any) produced on behalf of the
produced on behalf of the prosecution, and record their prosecution, and record their depositions and any such
depositions and any such deposition may, on the arrest deposition may, on the arrest of such person, be given in
of such person, be given in evidence against him on evidence against him on the inquiry into, or trial for, the
the inquiry into, or trial for, the offence with which he offence with which he is charged, if the deponent is dead
is charged, if the deponent is dead or incapable of or incapable of giving evidence or cannot be found or his
giving evidence or cannot be found or his presence presence cannot be procured without an amount of delay,
cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances
expense or inconvenience which, under the of the case, would be unreasonable.
circumstances of the case, would be unreasonable. (2) If it appears that an offence punishable with death or
(2) If it appears that an offence punishable with death imprisonment for life has been committed by some person
or imprisonment for life has been committed by some or persons unknown, the High Court or the Sessions Judge
person or persons unknown, the High Court or the may direct that any Magistrate of the first class shall hold
Sessions Judge may direct that any Magistrate of the an inquiry and examine any witnesses who can give
first class shall hold an inquiry and examine any evidence concerning the offence and any depositions so
witnesses who can give evidence concerning the taken may be given in evidence against any person who is
offence and any depositions so taken may be given in subsequently accused of the offence, if the deponent is
evidence against any person who is subsequently dead or incapable of giving evidence or beyond the limits
accused of the offence, if the deponent is dead or of India.
incapable of giving evidence or beyond the limits of
India.
336. Where any document or report prepared by a public No equivalent provision in previous code
Evidence of servant, scientific expert or medical officer is
Public purported to be used as evidence in any inquiry, trial
servants, or other proceeding under this Sanhita, and—
experts, (i) such public servant, expert or officer is either
police transferred, retired, or died; or
officers in
certain cases (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.
337. Person (1) A person who has once been tried by a Court of 300. Person (1) A person who has once been tried by a Court of
once competent jurisdiction for an offence and convicted or once competent jurisdiction for an offence and convicted or
convicted or acquitted of such offence shall, while such conviction convicted or acquitted of such offence shall, while such conviction or
acquitted not or acquittal remains in force, not be liable to be tried acquitted acquittal remains in force, not be liable to be tried again for
to be tried for again for the same offence, nor on the same facts not to be the same offence, nor on the same facts for any other
same offence for any other offence for which a different charge from tried for offence for which a different charge from the one made
the one made against him might have been made under same against him might have been made under sub-section (1)
sub-section (1) of section 244, or for which he might offence of section 221, or for which he might have been convicted
have been convicted under sub-section (2) thereof. under sub-section (2) thereof.
(2) A person acquitted or convicted of any offence may (2) A person acquitted or convicted of any offence may be
be afterwards tried, with the consent of the State afterwards tried, with the consent of the State Government,
Government, for any distinct offence for which a for any distinct offence for which a separate charge might
separate charge might have been made against him at have been made against him at the former trial under sub-
the former trial under sub-section (1) of section 243. section (1) of section 220.
(3) A person convicted of any offence constituted by (3) A person convicted of any offence constituted by any
any act causing consequences which, together with act causing consequences which, together with such act,
such act, constituted a different offence from that of constituted a different offence from that of which he was
which he was convicted, may be afterwards tried for convicted, may be afterwards tried for such last-mentioned
such last-mentioned offence, if the consequences had offence, if the consequences had not happened, or were not
not happened, or were not known to the Court to have known to the Court to have happened, at the time when he
happened, at the time when he was convicted. was convicted.
(4) A person acquitted or convicted of any offence (4) A person acquitted convicted of any offence constituted
constituted by any acts may, notwithstanding such by any acts may, notwithstanding such acquittal or
acquittal or conviction, be subsequently charged with, conviction, be subsequently charged with, and tried for,
and tried for, any other offence constituted by the same any other offence constituted by the same acts which he
acts which he may have committed if the Court by may have committed if the Court by which he was first
which he was first tried was not competent to try the tried was not competent to try the offence with which he is
offence with which he is subsequently charged. subsequently charged.
(5) A person discharged under section 281 shall not be (5) A person discharged under section 258 shall not be tried
tried again for the same offence except with the again for the same offence except with the consent of the
consent of the Court by which he was discharged or of Court by which he was discharged or of any other Court to
any other Court to which the first-mentioned Court is which the first-mentioned Court is subordinate.
subordinate. (6) Nothing in this section shall affect the provisions of
(6) Nothing in this section shall affect the provisions section 26 of the General Clauses Act, 1897 (10 of 1897)
of section 26 of the General Clauses Act, 1897 or of or of section 188 of this Code.
section 208 of this Sanhita. Explanation.—The dismissal of a complaint, or the
Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the
discharge of the accused, is not an acquittal for the purposes of this section.
purposes of this section. Illustrations
Illustrations (a) A is tried upon a charge of theft as a servant and
(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal
acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or,
remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal
upon the same facts, with theft simply, or with breach of trust.
criminal breach of trust.
 (b) A is tried for causing grievous hurt and convicted. (b) A is tried for causing grievous hurt and convicted. The
The person injured afterwards dies. A may be tried person injured afterwards dies. A may be tried again for
again for culpable homicide. culpable homicide.
(c) A is charged before the Court of Session and (c) A is charged before the Court of Session and convicted
convicted of the culpable homicide of B. A may not of the culpable homicide of B. A may not afterwards be
afterwards be tried on the same facts for the murder of tried on the same facts for the murder of B.
B. (d) A is charged by a Magistrate of the first class with, and
(d) A is charged by a Magistrate of the first class with, convicted by him of, voluntarily causing hurt to B. A may
and convicted by him of, voluntarily causing hurt to not afterwards be tried for voluntarily causing grievous
B. A may not afterwards be tried for voluntarily hurt to B on the same facts, unless the case comes within
causing grievous hurt to B on the same facts, unless sub-section (3) of this section.
the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with,
(e) A is charged by a Magistrate of the second class and convicted by him of, theft of property from the person
with, and convicted by him of, theft of property from of B. A may subsequently be charged with, and tried for,
the person of B. A may subsequently be charged with, robbery on the same facts.
and tried for, robbery on the same facts. (f) A, B and C are charged by a Magistrate of the first class
(f) A, B and C are charged by a Magistrate of the first with, and convicted by him of, robbing D. A, B and C may
class with, and convicted by him of, robbing D. A, B afterwards be charged with, and tried for, dacoity on the
and C may afterwards be charged with, and tried for, same facts.
dacoity on the same facts.
338. (1) The Public Prosecutor or Assistant Public 301. (1) The Public Prosecutor or Assistant Public Prosecutor in
Appearance Prosecutor in charge of a case may appear and plead Appearance charge of a case may appear and plead without any written
by Public without any written authority before any Court in by Public authority before any Court in which that case is under
Prosecutors which that case is under inquiry, trial or appeal. Prosecutors inquiry, trial or appeal.
(2) If in any such case any private person instructs his (2) If in any such case any private person instructs a
advocate to prosecute any person in any Court, the pleader to prosecute any person in any Court, the Public
Public Prosecutor or Assistant Public Prosecutor in Prosecutor or Assistant Public Prosecutor in charge of the
charge of the case shall conduct the prosecution, and case shall conduct the prosecution, and the pleader so
the advocate so instructed shall act therein under the instructed shall act therein under the directions of the
directions of the Public Prosecutor or Assistant Public Public Prosecutor or Assistant Public Prosecutor, and may,
Prosecutor, and may, with the permission of the Court, with the permission of the Court, submit written arguments
submit written arguments after the evidence is closed after the evidence is closed in the case.
 in the case.
339. (1) Any Magistrate inquiring into or trying a case may 302. (1) Any Magistrate inquiring into or trying a case may
Permission to permit the prosecution to be conducted by any person Permission permit the prosecution to be conducted by any person other
conduct other than a police officer below the rank of inspector; to conduct than a police officer below the rank of inspector; but no
prosecution but no person, other than the Advocate-General or prosecution person, other than the Advocate-General or Government
Government Advocate or a Public Prosecutor or Advocate or a Public Prosecutor or Assistant Public
Assistant Public Prosecutor, shall be entitled to do so Prosecutor, shall be entitled to do so without such
without such permission: permission:
Provided that no police officer shall be permitted to Provided that no police officer shall be permitted to
conduct the prosecution if he has taken part in the conduct the prosecution if he has taken part in the
investigation into the offence with respect to which the investigation into the offence with respect to which the
accused is being prosecuted. accused is being prosecuted.
(2) Any person conducting the prosecution may do so (2) Any person conducting the prosecution may do so
personally or by an advocate. personally or by a pleader.
340. Right of Any person accused of an offence before a Criminal 303. Right Any person accused of an offence before a Criminal Court,
person Court, or against whom proceedings are instituted of person or against whom proceedings are instituted under this
against under this Sanhita, may of right be defended by an against Code, may of right be defended by a pleader of his choice.
whom advocate of his choice. whom
proceedings proceedings
are instituted are
to be instituted to
defended be defended
341. Legal (1) Where, in a trial or appeal before a Court, the 304. Legal (1) Where, in a trial before the Court of Session, the
aid to accused is not represented by an advocate, and where aid to accused is not represented by a pleader, and where it
accused at it appears to the Court that the accused has not accused at appears to the Court that the accused has not sufficient
State expense sufficient means to engage an advocate, the Court State means to engage a pleader, the Court shall assign a pleader
in certain shall assign an advocate for his defence at the expense expense in for his defence at the expense of the State.
cases of the State. certain (2) The High Court may, with the previous approval of the
(2) The High Court may, with the previous approval of cases State Government, make rules providing for—
the State Government, make rules providing for— (a) the mode of selecting pleaders for defence under sub-
(a) the mode of selecting advocates for defence under section (1);
sub-section (1);
 (b) the facilities to be allowed to such advocates by the (b) the facilities to be allowed to such pleaders by the
Courts; Courts;
(c) the fees payable to such advocates by the (c) the fees payable to such pleaders by the Government,
Government, and generally, for carrying out the and generally, for carrying out the purposes of sub-section
purposes of sub-section (1). (1).
(3) The State Government may, by notification, direct (3) The State Government may, by notification, direct that,
that, as from such date as may be specified in the as from such date as may be specified in the notification,
notification, the provisions of sub-sections (1) and (2) the provisions of sub-sections (1) and (2) shall apply in
shall apply in relation to any class of trials before other relation to any class of trials before other Courts in the
Courts in the State as they apply in relation to trials State as they apply in relation to trials before Courts of
before Courts of Session. Session.
342. (1) In this section, "corporation" means an 305. (1) In this section, “corporation” means an incorporated
Procedure incorporated company or other body corporate, and Procedure company or other body corporate, and includes a society
when includes a society registered under the Societies when registered under the Societies Registration Act, 1860 (21
corporation Registration Act, 1860. corporation of 1860).
or registered (2) Where a corporation is the accused person or one or (2) Where a corporation is the accused person or one of the
society is an of the accused persons in an inquiry or trial, it may registered accused persons in an inquiry or trial, it may appoint a
accused appoint a representative for the purpose of the inquiry society is an representative for the purpose of the inquiry or trial and
or trial and such appointment need not be under the accused such appointment need not be under the seal of the
seal of the corporation. corporation.
(3) Where a representative of a corporation appears, (3) Where a representative of a corporation appears, any
any requirement of this Sanhita that anything shall be requirement of this Code that anything shall be done in the
done in the presence of the accused or shall be read or presence of the accused or shall be read or stated or
stated or explained to the accused, shall be construed explained to the accused, shall be construed as a
as a requirement that that thing shall be done in the requirement that thing shall be done in the presence of the
presence of the representative or read or stated or representative or read or stated or explained to the
explained to the representative, and any requirement representative, and any requirement that the accused shall
that the accused shall be examined shall be construed be examined shall be construed as a requirement that the
as a requirement that the representative shall be representative shall be examined.
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.
 (4) Where a representative of a corporation does not (5) Where a statement in writing purporting to be signed
appear, any such requirement as is referred to in sub- by the managing director of the corporation or by any
section (3) shall not apply. person (by whatever name called) having, or being one of
(5) Where a statement in writing purporting to be the persons having the management of the affairs of the
signed by the managing director of the corporation or corporation to the effect that the person named in the
by any person duly authorised by him (by whatever statement has been appointed as the representative of the
name called) having, or being one of the persons corporation for the purposes of this section, is filed, the
having the management of the affairs of the Court shall, unless the contrary is proved, presume that
corporation to the effect that the person named in the such person has been so appointed.
statement has been appointed as the representative of (6) If a question arises as to whether any person, appearing
the corporation for the purposes of this section, is as the representative of a corporation in an inquiry or trial
filed, the Court shall, unless the contrary is proved, before a Court is or is not such representative, the question
presume that such person has been so appointed. shall be determined by the Court.
(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. Tender (1) With a view to obtaining the evidence of any 306. Tender (1) With a view to obtaining the evidence of any person
of pardon to person supposed to have been directly or indirectly of pardon to supposed to have been directly or indirectly concerned in
accomplice concerned in or privy to an offence to which this accomplice or privy to an offence to which this section applies, the
section applies, the Chief Judicial Magistrate at any Chief Judicial Magistrate or a Metropolitan Magistrate at
stage of the investigation or inquiry into, or the trial any stage of the investigation or inquiry into, or the trial of,
of, the offence, and the Magistrate of the first class the offence, and the Magistrate of the first class inquiring
inquiring into or trying the offence, at any stage of the into or trying the offence, at any stage of the inquiry or
inquiry or trial, may tender a pardon to such person on trial, may tender a pardon to such person on condition of
condition of his making a full and true disclosure of his making a full and true disclosure of the whole of the
the whole of the circumstances within his knowledge circumstances within his knowledge relative to the offence
relative to the offence and to every other person and to every other person concerned, whether as principal
concerned, whether as principal or abettor, in the or abettor, in the commission thereof.
commission thereof. (2) This section applies to—
(2) This section applies to—
(a) any offence triable exclusively by the Court of (a) any offence triable exclusively by the Court of Session
Session or by the Court of a Special Judge appointed or by the Court of a Special Judge appointed under the
under any other law for the time being in force; Criminal Law Amendment Act, 1952 (46 of 1952);
(b) any offence punishable with imprisonment which (b) any offence punishable with imprisonment which may
may extend to seven years or with a more severe extend to seven years or with a more severe sentence.
sentence. (3) Every Magistrate who tenders a pardon under sub-
(3) Every Magistrate who tenders a pardon under sub- section (1) shall record—
section (1) shall record— (a) his reasons for so doing;
(a) his reasons for so doing; (b) whether the tender was or was not accepted by the
(b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application
person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such
made by the accused, furnish him with a copy of such record free of cost.
record free of cost. (4) Every person accepting a tender of pardon made under
(4) Every person accepting a tender of pardon made sub-section (1)—
under sub-section (1)— (a) shall be examined as a witness in the Court of the
(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the
Magistrate taking cognizance of the offence and in the subsequent trial, if any;
subsequent trial, if any; (b) shall, unless he is already on bail, be detained in
(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.
custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made
(5) Where a person has accepted a tender of pardon under sub-section (1) and has been examined under sub-
made under sub-section (1) and has been examined section (4), the Magistrate taking cognizance of the offence
under sub-section (4), the Magistrate taking shall, without making any further inquiry in the case—
cognizance of the offence shall, without making any (a) commit it for trial—
further inquiry in the case— (i) to the Court of Session if the offence is triable
(a) commit it for trial— exclusively by that Court or if the Magistrate taking
(i) to the Court of Session if the offence is triable cognizance is the Chief Judicial Magistrate;
exclusively by that Court or if the Magistrate taking (ii) to a Court of Special Judge appointed under the
cognizance is the Chief Judicial Magistrate; Criminal Law Amendment Act, 1952 (46 of 1952), if the
(ii) to a Court of Special Judge appointed under any offence is triable exclusively by that Court;
other law for the time being in force, if the offence is (b) in any other case, make over the case to the Chief
triable exclusively by that Court; Judicial Magistrate who shall try the case himself.
 (b) in any other case, make over the case to the Chief
Judicial Magistrate who shall try the case himself.
344. Power At any time after commitment of a case but before 307. Power At any time after commitment of a case but before
to direct judgment is passed, the Court to which the to direct judgment is passed, the Court to which the commitment is
tender of commitment is made may, with a view to obtaining at tender of made may, with a view to obtaining at the trial the evidence
pardon the trial the evidence of any person supposed to have pardon of any person supposed to have been directly or indirectly
been directly or indirectly concerned in, or privy to, concerned in, or privy to, any such offence, tender a pardon
any such offence, tender a pardon on the same on the same condition to such person.
condition to such person.
345. Trial of (1) Where, in regard to a person who has accepted a 308. Trial of (1) Where, in regard to a person who has accepted a tender
person not tender of pardon made under section 343 or section person not of pardon made under section 306 or section 307, the
complying 344, the Public Prosecutor certifies that in his opinion complying Public Prosecutor certifies that in his opinion such person
with such person has, either by wilfully concealing with has, either by wilfully concealing anything essential or by
conditions of anything essential or by giving false evidence, not conditions giving false evidence, not complied with the condition on
pardon complied with the condition on which the tender was of pardon which the tender was made, such person may be tried for
made, such person may be tried for the offence in the offence in respect of which the pardon was so tendered
respect of which the pardon was so tendered or for any or for any other offence of which he appears to have been
other offence of which he appears to have been guilty guilty in connection with the same matter, and also for the
in connection with the same matter, and also for the offence of giving false evidence:
offence of giving false evidence: Provided that such person shall not be tried jointly with any
Provided that such person shall not be tried jointly of the other accused:
with any of the other accused: Provided further that such person shall not be tried for the
Provided further that such person shall not be tried for offence of giving false evidence except with the sanction
the offence of giving false evidence except with the of the High Court, and nothing contained in section 195 or
sanction of the High Court, and nothing contained in section 340 shall apply to that offence.
section 215 or section 379 shall apply to that offence. (2) Any statement made by such person accepting the
(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under
tender of pardon and recorded by a Magistrate under section 164 or by a Court under sub-section (4) of section
section 183 or by a Court under sub-section (4) of 306 may be given in evidence against him at such trial.
section 343 may be given in evidence against him at (3) At such trial, the accused shall be entitled to plead that
such trial. he has complied with the condition upon which such tender
 (3) At such trial, the accused shall be entitled to plead was made; in which case it shall be for the prosecution to
that he has complied with the condition upon which prove that the condition has not been complied with.
such tender was made; in which case it shall be for the (4) At such trial, the Court shall—
prosecution to prove that the condition has not been (a) if it is a Court of Session, before the charge is read out
complied with. and explained to the accused;
(4) At such trial, the Court shall— (b) if it is the Court of a Magistrate, before the evidence of
(a) if it is a Court of Session, before the charge is read the witnesses for the prosecution is taken, ask the accused
out and explained to the accused; whether he pleads that he has complied with the conditions
(b) if it is the Court of a Magistrate, before the on which the tender of pardon was made.
evidence of the witnesses for the prosecution is taken, (5) If the accused does so plead, the Court shall record the
ask the accused whether he pleads that he has plea and proceed with the trial and it shall, before passing
complied with the conditions on which the tender of judgment in the case, find whether or not the accused has
pardon was made. complied with the conditions of the pardon, and, if it finds
(5) If the accused does so plead, the Court shall record that he has so complied, it shall, notwithstanding anything
the plea and proceed with the trial and it shall, before contained in this Code, pass judgment of acquittal.
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. Power (1) In every inquiry or trial the proceedings shall be 309. Power [(1) In every inquiry or trial the proceedings shall be
to postpone continued from day-to-day basis until all the witnesses to postpone continued from day-to-day until all the witnesses in
or adjourn in attendance have been examined, unless the Court or adjourn attendance have been examined, unless the Court finds the
proceedings finds the adjournment of the same beyond the proceedings adjournment of the same beyond the following day to be
following day to be necessary for reasons to be necessary for reasons to be recorded:
recorded: Provided that when the inquiry or trial relates to an offence
Provided that when the inquiry or trial relates to an under section 376, [section 376A, section 376AB, section
offence under section 64, section 65, section 66, 376B, section 376C, section 376D, section 376DA or
section 67, section 68, section 70 or section 71 of the section DB of the Indian Penal Code (45 of 1860), the
Bharatiya Nyaya Sanhita, 2023 the inquiry or trial inquiry or trial shall] be completed within a period of two
shall be completed within a period of two months from months from the date of filing of the charge sheet.]
the date of filing of the chargesheet.
(2) If the Court, after taking cognizance of an offence, (2) If the Court, after taking cognizance of an offence, or
or commencement of trial, finds it necessary or commencement of trial, finds it necessary or advisable to
advisable to postpone the commencement of, or postpone the commencement of, or adjourn, any inquiry or
adjourn, any inquiry or trial, it may, from time to time, trial, it may, from time to time, for reasons to be recorded,
for reasons to be recorded, postpone or adjourn the postpone or adjourn the same on such terms as it thinks fit,
same on such terms as it thinks fit, for such time as it for such time as it considers reasonable, and may by a
considers reasonable, and may by a warrant remand warrant remand the accused if in custody:
the accused if in custody: Provided that no Magistrate shall remand an accused
Provided that no Court shall remand an accused person to custody under this section for a term exceeding
person to custody under this section for a term fifteen days at a time:
exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no
Provided further that when witnesses are in adjournment or postponement shall be granted, without
attendance, no adjournment or postponement shall be examining them, except for special reasons to be recorded
granted, without examining them, except for special in writing:
reasons to be recorded in writing: [Provided also that no adjournment shall be granted for the
Provided also that no adjournment shall be granted for purpose only of enabling the accused person to show cause
the purpose only of enabling the accused person to against the sentence proposed to be imposed on him.]
show cause against the sentence Provided also that— [Provided also that—
(a) no adjournment shall be granted at the request of a (a) no adjournment shall be granted at the request of a
party, except where the circumstances are beyond the party, except where the circumstances are beyond the
control of that party; control of that party;
(b) where the circumstances are beyond the control of (b) the fact that the pleader of a party is engaged in another
a party, not more than two adjournments may be Court, shall not be a ground for adjournment;
granted by the Court after hearing the objections of the (c) where a witness is present in Court but a party or his
other party and for the reasons to be recorded in pleader is not present or the party or his pleader though
writing; present in Court, is not ready to examine or cross-examine
(c) the fact that the advocate of a party is engaged in the witness, the Court may, if thinks fit, record the
another Court, shall not be a ground for adjournment; statement of the witness and pass such orders as it thinks
(d) where a witness is present in Court but a party or fit dispensing with the examination-in-chief or cross-
his advocate is not present or the party or his advocate examination of the witness, as the case may be.]
though present in Court, is not ready to examine or Explanation 1.—If sufficient evidence has been obtained
to raise a suspicion that the accused may have committed
 cross-examine the witness, the Court may, if thinks fit, an offence, and it appears likely that further evidence may
record the statement of the witness and pass such be obtained by a remand, this is a reasonable cause for a
orders as it thinks fit dispensing with the examination- remand.
in-chief or cross-examination of the witness, as the Explanation 2.—The terms on which an adjournment or
case may be. postponement may be granted include, in appropriate
Explanation 1.—If sufficient evidence has been cases, the payment of costs by the prosecution or the
obtained to raise a suspicion that the accused may have accused.
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. Local (1) Any Judge or Magistrate may, at any stage of any 310. Local (1) Any Judge or Magistrate may, at any stage of any
inspection inquiry, trial or other proceeding, after due notice to inspection inquiry, trial or other proceeding, after due notice to the
the parties, visit and inspect any place in which an parties, visit and inspect any place in which an offence is
offence is alleged to have been committed, or any alleged to have been committed, or any other place in
other place which it is in his opinion necessary to view which it is in his opinion necessary to view for the purpose
for the purpose of properly appreciating the evidence of properly appreciating the evidence given at such inquiry
given at such inquiry or trial, and shall without or trial, and shall without unnecessary delay record a
unnecessary delay record a memorandum of any memorandum of any relevant facts observed at such
relevant facts observed at such inspection. inspection.
(2) Such memorandum shall form part of the record of (2) Such memorandum shall form part of the record of the
the case and if the prosecutor, complainant or accused case and if the prosecutor, complainant or accused or any
or any other party to the case, so desires, a copy of the other party to the case, so desires, a copy of the
memorandum shall be furnished to him free of cost. memorandum shall be furnished to him free of cost.
348. Power Any Court may, at any stage of any inquiry, trial or 311. Power Any Court may, at any stage of any inquiry, trial or other
to summon other proceeding under this Sanhita, summon any to summon proceeding under this Code, summon any person as a
material person as a witness, or examine any person in material witness, or examine any person in attendance, though not
witness, or attendance, though not summoned as a witness, or re- witness, or summoned as a witness, or recall and re-examine any
examine call and re-examine any person already examined; and examine person already examined; and the Court shall summon and
person the Court shall summon and examine or re-call and re- person examine or recall and re-examine any such person if his
present examine any such person if his evidence appears to it present evidence appears to it to be essential to the just decision of
to be essential to the just decision of the case. the case.
349. Power If a Magistrate of the first class is satisfied that, for the 311A. If a Magistrate of the first class is satisfied that, for the
of Magistrate purposes of any investigation or proceeding under this Power of purposes of any investigation or proceeding under this
to order Sanhita, it is expedient to direct any person, including Magistrate Code, it is expedient to direct any person, including an
person to an accused person, to give specimen signatures or to order accused person, to give specimen signatures or
give finger impressions or handwriting or voice sample, he person to handwriting, he may make an order to that effect and in
specimen may make an order to that effect and in that case the give that case the person to whom the order relates shall be
signatures or person to whom the order relates shall be produced or specimen produced or shall attend at the time and place specified in
handwriting, shall attend at the time and place specified in such signatures such order and shall give his specimen signatures or
etc. order and shall give his specimen signatures or finger or handwriting:
impressions or handwriting or voice sample: handwriting Provided that no order shall be made under this section
Provided that no order shall be made under this section unless the person has at some time been arrested in
unless the person has at some time been arrested in connection with such investigation or proceeding.
No connection with such investigation or proceeding:
equivalent Provided further that the Magistrate may, for the
provision in reasons to be recorded in writing, order any person to
previous give such specimen or sample without him being
code arrested.
350. Subject to any rules made by the State Government, 312. Subject to any rules made by the State Government, any
Expenses of any Criminal Court may, if it thinks fit, order payment, Expenses of Criminal Court may, if it thinks fit, order payment, on the
complainants on the part of the Government, of the reasonable complainant part of the Government, of the reasonable expenses of any
and witnesses expenses of any complainant or witness attending for s and complainant or witness attending for the purposes of any
the purposes of any inquiry, trial or other proceeding witnesses inquiry, trial or other proceeding before such Court under
before such Court under this Sanhita. this Code.
351. Power (1) In every inquiry or trial, for the purpose of enabling 313. Power (1) In every inquiry or trial, for the purpose of enabling the
to examine the accused personally to explain any circumstances to examine accused personally to explain any circumstances appearing
accused appearing in the evidence against him, the Court— the accused in the evidence against him, the Court—
(a) may at any stage, without previously warning the (a) may at any stage, without previously warning the
accused put such questions to him as the Court accused put such questions to him as the Court considers
considers necessary; necessary;
 (b) shall, after the witnesses for the prosecution have (b) shall, after the witnesses for the prosecution have been
been examined and before he is called on for his examined and before he is called on for his defence,
defence, question him generally on the case: question him generally on the case:
Provided that in a summons case, where the Court has Provided that in a summons-case, where the Court has
dispensed with the personal attendance of the accused, dispensed with the personal attendance of the accused, it
it may also dispense with his examination under clause may also dispense with his examination under clause (b).
(b). (2) No oath shall be administered to the accused when he
(2) No oath shall be administered to the accused when is examined under sub-section (1).
he is examined under sub-section (1). (3) The accused shall not render himself liable to
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by
punishment by refusing to answer such questions, or giving false answers to them.
by giving false answers to them. (4) The answers given by the accused may be taken into
(4) The answers given by the accused may be taken consideration in such inquiry or trial, and put in
into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or
evidence for or against him in any other inquiry into, trial for, any other offence which such answers may tend
or trial for, any other offence which such answers may to show he has committed.
tend to show he has committed. [(5) The Court may take help of Prosecutor and Defence
(5) The Court may take help of Prosecutor and Counsel in preparing relevant questions which are to be put
Defence Counsel in preparing relevant questions to the accused and the Court may permit filing of written
which are to be put to the accused and the Court may statement by the accused as sufficient compliance of this
permit filing of written statement by the accused as section.]
sufficient compliance of this section.
352. Oral (1) Any party to a proceeding may, as soon as may be, 314. Oral (1) Any party to a proceeding may, as soon as may be, after
arguments after the close of his evidence, address concise oral arguments the close of his evidence, address concise oral arguments,
and arguments, and may, before he concludes the oral and and may, before he concludes the oral arguments, if any,
memorandum arguments, if any, submit a memorandum to the Court memorandu submit a memorandum to the Court setting forth concisely
of arguments setting forth concisely and under distinct headings, m of and under distinct headings, the arguments in support of
the arguments in support of his case and every such arguments his case and every such memorandum shall form part of
memorandum shall form part of the record. the record.
(2) A copy of every such memorandum shall be (2) A copy of every such memorandum shall be
simultaneously furnished to the opposite party. simultaneously furnished to the opposite party.
 (3) No adjournment of the proceedings shall be (3) No adjournment of the proceedings shall be granted for
granted for the purpose of filing the written arguments the purpose of filing the written arguments unless the
unless the Court, for reasons to be recorded in writing, Court, for reasons to be recorded in writing, considers it
considers it necessary to grant such adjournment. necessary to grant such adjournment.
(4) The Court may, if it is of opinion that the oral (4) The Court may, if it is of opinion that the oral arguments
arguments are not concise or relevant, regulate such are not concise or relevant, regulate such arguments.
arguments.
353. Accused (1) Any person accused of an offence before a 315. (1) Any person accused of an offence before a Criminal
person to be Criminal Court shall be a competent witness for the Accused Court shall be a competent witness for the defence and may
competent defence and may give evidence on oath in disproof of person to be give evidence on oath in disproof of the charges made
witness the charges made against him or any person charged competent against him or any person charged together with him at the
together with him at the same trial: witness same trial:
Provided that— Provided that—
(a) he shall not be called as a witness except on his (a) he shall not be called as a witness except on his own
own request in writing; request in writing;
(b) his failure to give evidence shall not be made the (b) his failure to give evidence shall not be made the
subject of any comment by any of the parties or the subject of any comment by any of the parties or the Court
Court or give rise to any presumption against himself or give rise to any presumption against himself or any
or any person charged together with him at the same person charged together with him that the same trial.
trial. (2) Any person against whom proceedings are instituted in
(2) Any person against whom proceedings are any Criminal Court under section 98, or section 107 or
instituted in any Criminal Court under section 101, or section 108, or section 109, or section 110, or under
section 126, or section 127, or section 128, or section Chapter IX or under Part B, Part C or Part D of Chapter X,
129, or under Chapter X or under Part B, Part C or Part may offer himself as a witness in such proceedings:
D of Chapter XI, may offer himself as a witness in Provided that in proceedings under section 108, section
such proceedings: 109, or section 110, the failure of such person to give
Provided that in proceedings under section 127, evidence shall not be made the subject of any comment by
section 128, or section 129, the failure of such person any of the parties or the Court or give rise to any
to give evidence shall not be made the subject of any presumption against him or any other person proceeded
comment by any of the parties or the Court or give rise against together with him at the same inquiry.
to any presumption against him or any other person
 proceeded against together with him at the same
inquiry.
354. No Except as provided in sections 343 and 344, no 316. No Except as provided in sections 306 and 307, no influence,
influence influence, by means of any promise or threat or influence to by means of any promise or threat or otherwise, shall be
to be used to otherwise, shall be used to an accused person to induce be used to used to an accused person to induce him to disclose or
induce him to disclose or withhold any matter within his induce withhold any matter within his knowledge.
disclosure knowledge. disclosure
355. (1) At any stage of an inquiry or trial under this 317. (1) At any stage of an inquiry or trial under this Code, if
Provision for Sanhita, if the Judge or Magistrate is satisfied, for Provision the Judge or Magistrate is satisfied, for reasons to be
inquiries and reasons to be recorded, that the personal attendance of for inquiries recorded, that the personal attendance of the accused
trial being the accused before the Court is not necessary in the and trial before the Court is not necessary in the interests of justice,
held in interests of justice, or that the accused persistently being held or that the accused persistently disturbs the proceedings in
absence of disturbs the proceedings in Court, the Judge or in the Court, the Judge or Magistrate may, if the accused is
accused in Magistrate may, if the accused is represented by an absence of represented by a pleader, dispense with his attendance and
certain cases advocate, dispense with his attendance and proceed accused in proceed with such inquiry or trial in his absence, and may,
with such inquiry or trial in his absence, and may, at certain at any subsequent stage of the proceedings, direct the
any subsequent stage of the proceedings, direct the cases personal attendance of such accused.
personal attendance of such accused. (2) If the accused in any such case is not represented by a
(2) If the accused in any such case is not represented pleader, or if the Judge or Magistrate considers his personal
by an advocate, or if the Judge or Magistrate considers attendance necessary, he may, if he thinks fit and for
his personal attendance necessary, he may, if he thinks reasons to be recorded by him, either adjourn such inquiry
fit and for reasons to be recorded by him, either or trial, or order that the case of such accused be taken up
No adjourn such inquiry or trial, or order that the case of or tried separately.
equivalent such accused be taken up or tried separately.
provision in Explanation.—For the purpose of this section,
previous personal attendance of the accused includes
code attendance through audio-video electronic means.
356. Inquiry, (1) Notwithstanding anything contained in this No equivalent provision in previous code
trial or Sanhita or in any other law for the time being in force,
judgment in when a person declared as a proclaimed offender,
absentia of whether or not charged jointly, has absconded to evade
proclaimed trial and there is no immediate prospect of arresting
offender 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, 318. If the accused, though not of unsound mind, cannot be
Procedure cannot be made to understand the proceedings, the Procedure made to understand the proceedings, the Court may
Where Court may proceed with the inquiry or trial; and, in the where proceed with the inquiry or trial; and, in the case of a Court
accused case of a Court other than a High Court, if such accused other than a High Court, if such proceedings result in a
does not proceedings result in a conviction, the proceedings does not conviction, the proceedings shall be forwarded to the High
understand shall be forwarded to the High Court with a report of understand Court with a report of the circumstances of the case, and
proceedings the circumstances of the case, and the High Court shall proceedings the High Court shall pass thereon such order as it thinks fit.
pass thereon such order as it thinks fit.
358. Power (1) Where, in the course of any inquiry into, or trial of, 319. Power (1) Where, in the course of any inquiry into, or trial of, an
to proceed an offence, it appears from the evidence that any to proceed offence, it appears from the evidence that any person not
against other person not being the accused has committed any against being the accused has committed any offence for which
persons offence for which such person could be tried together other such person could be tried together with the accused, the
appearing to with the accused, the Court may proceed against such persons Court may proceed against such person for the offence
be guilty of person for the offence which he appears to have appearing to which he appears to have committed.
offence committed. be guilty of (2) Where such person is not attending the Court, he may
(2) Where such person is not attending the Court, he offence be arrested or summoned, as the circumstances of the case
may be arrested or summoned, as the circumstances of may require, for the purpose aforesaid.
the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under
(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court
arrest or upon a summons, may be detained by such for the purpose of the inquiry into, or trial of, the offence
Court for the purpose of the inquiry into, or trial of, which he appears to have committed.
the offence which he appears to have committed. (4) Where the Court proceeds against any person under
(4) Where the Court proceeds against any person sub-section (1), then—
under sub-section (1), then— (a) the proceedings in respect of such person shall be
(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-heard;
commenced afresh, and the witnesses re-heard; (b) subject to the provisions of clause (a), the case may
(b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when
proceed as if such person had been an accused person the Court took cognizance of the offence upon which the
when the Court took cognizance of the offence upon inquiry or trial was commenced.
which the inquiry or trial was commenced.
 359. (1) The offences punishable under the sections of the 320. (1) The offences punishable under the sections of the
Compoundin Bharatiya Nyaya Sanhita, 2023 specified in the first Compoundi Indian Penal Code (45 of 1860) specified in the first two
g two columns of the Table next following may be ng of columns of the Table next following may be compounded
of offences compounded by the persons mentioned in the third offences by the persons mentioned in the third column of that
column of that Table:— Table:—