Blogs, Criminal Law

[Comparative Chart] Sections of Criminal Procedure Code,1973 and corresponding provisions of Bharatiya Nagrik Suraksha Sanhita, 2023

This blog provides a comparative chart of the Sections from Criminal Procedure Code,1973 and corresponding provisions of Bharatiya Nagrik Suraksha Sanhita, 2023.

Table showing sections of Criminal Procedure Code,1973 and corresponding provisions of Bharatiya Nagrik Suraksha Sanhita, 2023

Criminal Procedure Code,1973

Bharatiya Nagrik Suraksha Sanhita, 2023

 

 

1

Short title, extent and commencement

 

1

Short title, extent and commencement

2

Definitions

2

Definitions

3

Construction of references

3

Construction of references

 

4

Trial of offences under the Indian Penal Code and other laws

 

4

 

Trial of offences under Bhartiya Nyaya Sanhita and other laws

5

Saving

5

Saving

6

Classes of Criminal Courts

6

Classes of Criminal Courts.

7

Territorial divisions

7

Territorial divisions

8

Metropolitan areas

Deleted

9

Court of Session

8

Court of  Session

 

10

Subordination of Assistant Sessions Judges

 

 

Deleted

11

Courts of Judicial Magistrates

9

Courts of Judicial Magistrates

 

14

Local jurisdiction of Judicial Magistrates

 

12

Local jurisdiction of Judicial Magistrates

 

15

Subordination of Judicial Magistrates

 

13

Subordination of Judicial Magistrates

 

16

Courts of Metropolitan Magistrates

 

 

Deleted

 

17

Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate

 

 

Deleted

 

18

Special Metropolitan Magistrates

 

 

Deleted

 

19

Subordination of Metropolitan Magistrates

 

 

Deleted

20

Executive Magistrates

14

Executive Magistrates

21

Special Executive Magistrates

15

Special Executive Magistrates

 

22

Local jurisdiction of Executive Magistrates

 

16

Local Jurisdiction of Executive Magistrates

 

23

Subordination of Executive Magistrates

 

17

Subordination of Executive Magistrates

24

Public Prosecutors

18

Public Prosecutors

25

Assistant Public Prosecutors

19

Assistant Public Prosecutors

25A

Directorate of Prosecution

20

Directorate of Prosecution

 

26

Courts by which offences are triable

 

21

Courts by which offences are triable

 

27

Jurisdiction in the case of juveniles

 

 

Deleted

 

28

Sentences which High Courts and Sessions Judges may pass

 

22

Sentences which High Courts and Sessions Judges may pass

 

29

Sentences which Magistrates may pass

 

23

Sentences which Magistrates may pass

 

30

Sentence of imprisonment in default of fine

 

24

Sentence of imprisonment in default of fine

 

31

Sentence in cases of conviction of several offences at one trial

 

25

Sentence in cases of conviction of several offences at one trial

32

Mode of conferring powers

26

Mode of conferring powers

33

Powers of officers appointed

27

Powers of officers appointed

34

Withdrawal of powers

28

Withdrawal of powers

 

35

Powers of Judges and Magistrates exercisable by their successors-in-office

 

29

Powers of Judges and Magistrates exercisable by their successors-in-office

 

36

Powers of superior officers of police

 

30

Powers of superior officers of police

 

37

Public when to assist Magistrates and police

 

31

Public when to assist Magistrates and police

 

38

Aid to person, other than police officer, executing warrant

 

32

Aid to person, other than police officer, executing warrant

 

39

Public to give information of certain offences

 

33

Public to give information of certain offences

 

40

Duty of officers employed in connection with the affairs of a village to make certain report

 

34

Duty of officers employed in connection with the affairs of a village to make certain report

 

41

When police may arrest without warrant

 

35

When police may arrest without warrant

 

41A

Notice of appearance before police officer

 

 

Included in Section 35

41B

Procedure of arrest and duties of officer making arrest

36

Procedure of arrest and duties of officer making arrest

41C

Control room at districts

37

Designated Police Officer

 

41D

Right of arrested person to meet an advocate of his choice during interrogation

 

38

Right of arrested person to meet an advocate of his choice during interrogation

 

42

Arrest on refusal to give name and residence

 

39

Arrest on refusal to give name and residence

 

43

Arrest by private person and procedure on such arrest

 

40

Arrest by private person and procedure on such arrest

44

Arrest by Magistrate

41

Arrest by Magistrate

 

45

Protection of members of the Armed Forces from arrest

 

42

Protection of members of the Armed Forces from arrest

46

Arrest how made

43

Arrest how made

 

47

Search of place entered by person sought to be arrested

 

44

Search of place entered by person sought to be arrested

 

48

Pursuit of offenders into other jurisdictions

 

45

Pursuit of offenders into other jurisdictions

49

No unnecessary restraint

46

No unnecessary restraint

 

50

Person arrested to be informed of grounds of arrest and of right to bail

 

47

Person arrested to be informed of grounds of arrest and of right to bail

 

50A

Obligation of person making arrest to inform about the arrest, etc., to a nominated person

 

48

Obligation of person making arrest to inform about the arrest, etc., to relative or friend

51

Search of arrested person

49

Search of arrested person

 

52

Power to seize offensive weapons

 

50

Power to seize offensive weapons

 

53

Examination of accused by medical practitioner at the request of police officer

 

51

Examination of accused by medical practitioner at the request of police officer

 

53A

Examination of person accused of rape by medical practitioner

 

52

Examination of person accused of rape by medical practitioner

 

54

Examination of arrested person by medical officer

 

53

Examination of arrested person by medical officer

54A

Identification of person arrested

54

Identification of person arrested

 

55

Procedure when police officer deputes subordinate to arrest without warrant

 

55

Procedure when police officer deputes subordinate to arrest without warrant

 

55A

Health and safety of arrested person

 

56

Health and safety of arrested person

 

56

Person arrested to be taken before Magistrate or officer in charge of police station

 

57

Person arrested to be taken before Magistrate or officer in charge of police station

 

57

Person arrested not to be detained more than twenty-four hours

 

58

Person arrested not to be detained more than twenty-four hours

58

Police to report apprehensions

59

Police to report apprehensions

 

59

Discharge of person apprehended

 

60

Discharge of person apprehended

 

60

Power, on escape, to pursue and retake

 

61

Power, on escape, to pursue and retake

 

60A

Arrest to be made strictly according to the Code

 

62

Arrest to be made strictly according to the Sanhita

61

Form of summons

63

Form of summons

62

Summons how served

64

Summons how served

 

63

 

Service of summons on corporate bodies and societies

 

65

Service of summons on corporate bodies, firms, and societies

 

64

Service when persons summoned cannot be found

 

66

Service when persons summoned cannot be found

 

65

Procedure when service cannot be effected as before provided

 

67

Procedure when service cannot be effected as before provided

66

Service on Government servant

68

Service on Government servant

 

67

Service of summons outside local limits

 

69

Service of summons outside local limits

 

68

Proof of service in such cases and when serving officer not present

 

70

Proof of service in such cases and when serving officer not present

 

69

Service of summons on witness by post

 

71

Service of summons on witness by post

 

70

Form of warrant of arrest and duration

 

72

Form of warrant of arrest and duration

 

71

Power to direct security to be taken

 

73

Power to direct security to be taken

72

Warrants to whom directed

74

Warrants to whom directed

 

73

Warrant may be directed to any person

 

75

Warrant may be directed to any person

 

74

Warrant directed to police officer

 

76

 

Warrant directed to police officer

 

75

Notification of substance of warrant

 

77

Notification of substance of warrant

 

76

Person arrested to be brought before Court without delay

 

78

Person arrested to be brought before Court without delay

 

77

Where warrant may be executed

 

79

 

Where warrant may be executed

 

78

Warrant forwarded for execution outside jurisdiction

 

80

Warrant forwarded for execution outside jurisdiction

 

79

Warrant directed to police officer for execution outside jurisdiction

 

81

 

Warrant directed to police officer for execution outside jurisdiction

 

80

Procedure on arrest of person against whom warrant issued

 

82

Procedure on arrest of person against whom warrant issued

 

81

Procedure by Magistrate before whom such person arrested is brought

 

83

Procedure by Magistrate before whom such person arrested is brought

 

82

Proclamation for person absconding

 

84

Proclamation for person absconding

 

83

Attachment of property of person absconding

 

85

Attachment of property of person absconding

 

84

Claims and objections to attachment

 

87

Claims and objections to attachment

 

85

Release, sale and restoration of attached property

 

88

Release, sale and restoration of attached property

 

86

Appeal from order rejecting application for restoration of attached property

 

89

Appeal from order rejecting application for restoration of attached property

 

87

Issue of warrant in lieu of, or in addition to, summons

 

90

Issue of warrant in lieu of, or in addition to, summons

 

88

Power to take bond for appearance

 

91

Power to take bond for appearance

 

89

Arrest on breach of bond for appearance

 

92

Arrest on breach of bond for appearance

 

90

Provisions of this Chapter generally applicable to summonses and warrants of arrest

 

93

Provisions of this Chapter generally applicable to summonses and warrants of arrest

 

91

Summons to produce document or other thing

 

94

Summons to produce document or other thing

 

92

Procedure as to letters and telegrams

 

95

Procedure as to letters and telegrams

 

93

When search warrant may be issued

 

96

When search-warrant may be issued

 

94

Search of place suspected to contain stolen property, forged documents, etc.

 

97

Search of place suspected to contain stolen property, forged documents, etc.

95

Power to declare certain publications forfeited and to issue search warrants for the same

98

Power to declare certain publications forfeited and to issue search-warrants for the same

 

96

Application to High Court to set aside declaration of forfeiture

 

99

Application to High Court to set aside declaration of forfeiture

 

97

Search for persons wrongfully confined

 

100

Search for persons wrongfully confined

 

98

Power to compel restoration of abducted females

 

101

Power to compel restoration of abducted females

 

99

Direction, etc., of search warrants

 

102

Direction, etc., of search- warrants

 

100

Persons in charge of closed place to allow search

 

103

Persons in charge of closed place to allow search

 

101

Disposal of things found in search beyond jurisdiction

 

104

Disposal of things found in search beyond jurisdiction

 

—-

 

—-

 

105

Recording of search and seizure through audio-video electronic means

 

102

Power of Police Officer to seize certain property

 

106

Power of Police Officer to seize certain property

 

—-

 

—-

 

107

Attachment, forfeiture and restoration of property

 

103

Magistrate may direct search in his presence

 

108

Magistrate may direct search in his presence

 

104

Power to impound document, etc., produced

 

109

Power to impound document, etc., produced

 

105

Reciprocal arrangements regarding processes

 

110

Reciprocal arrangements regarding processes

105A

Definitions

111

Definitions

 

—–

 

—–

 

112

Letter of request to competent authority for investigation in a country or place outside India

 

 

—–

 

—–

 

113

Letter of request from a country or place outside India to a Court or an authority for investigation in India.

 

105B

Assistance in securing transfer of persons

 

114

Assistance in securing transfer of persons

 

105C

Assistance in relation to orders of attachment or forfeiture of property

 

115

Assistance in relation to orders of attachment or forfeiture of property

 

105D

Identifying unlawfully acquired property

 

116

Identifying unlawfully acquired property.

 

105E

Seizure or attachment of property

 

117

Seizure or attachment of property

 

105F

Management of properties seized or forfeited under this Chapter

 

118

Management of properties seized or forfeited under this Chapter

105G

Notice of forfeiture of property

119

Notice of forfeiture of property

 

105H

Forfeiture of property in certain cases

 

120

Forfeiture of property in certain cases

105-I

Fine in lieu of forfeiture

121

Fine in lieu of forfeiture

 

105J

Certain transfers to be null and void

 

122

Certain transfers to be null and void

 

105K

Procedure in respect of letter of request

 

123

Procedure in respect of letter of request

105L

Application of this Chapter

124

Application of this Chapter

 

106

Security for keeping the peace on conviction

 

125

Security for keeping the peace on conviction

 

107

Security for keeping the peace in other cases

 

126

Security for keeping the peace in other cases

 

108

Security for good behaviour from persons disseminating seditious matters

 

127

Security for good behaviour from persons disseminating seditious matters

 

109

Security for good behaviour from suspected persons

 

128

Security for good behaviour from suspected persons

 

110

Security for good behaviour from habitual offenders

 

129

Security for good behaviour from habitual offenders

111

Order to be made

130

Order to be made

 

112

Procedure in respect of person present in Court

 

131

Procedure in respect of person present in Court

 

113

Summons or warrant in case of person not so present

 

132

Summons or warrant in case of person not so present

 

114

Copy of order to accompany summons or warrant

 

133

Copy of order to accompany summons or warrant

 

115

Power to dispense with personal attendance

 

134

Power to dispense with personal attendance

116

Inquiry as to truth of information

135

Inquiry as to truth of information

117

Order to give security

136

Order to give security

 

118

Discharge of person informed against

 

137

Discharge of person informed against

 

119

Commencement of period for which security is required

 

138

Commencement of period for which security is required

120

Contents of bond

139

Contents of bond

121

Power to reject sureties

140

Power to reject sureties

 

122

Imprisonment in default of security

 

141

Imprisonment in default of security

 

123

Power to release persons imprisoned for failing to give security

 

142

Power to release persons imprisoned for failing to give security

 

124

Security for unexpired period of bond

 

143

Security for unexpired period of bond

 

125

Order for maintenance of wives, children and parents

 

144

Order for maintenance of wives, children and parents

126

Procedure

145

Procedure

127

Alteration in allowance

146

Alteration in allowance

 

128

Enforcement of order of maintenance

 

147

Enforcement of order of maintenance

 

130

Use of armed forces to disperse assembly

 

149

Use of armed forces to disperse assembly

 

131

Power of certain armed force officers to disperse assembly

 

150

Power of certain armed force officers to disperse assembly

 

132

Protection against prosecution for acts done under preceding sections

 

151

Protection against prosecution for acts done under sections 148, 149 and 150

 

133

Conditional order for removal of nuisance

 

152

Conditional order for removal of nuisance

134

Service or notification of order

153

Service or notification of order

 

135

Person to whom order is addressed to obey or show cause

 

154

Person to whom order is addressed to obey or show cause

 

136

Consequences of his failing to do so

 

155

Consequences of his failing to do so

 

137

Procedure where existence of public right is denied

 

156

Procedure where existence of public right is denied

 

138

Procedure where he appears to show cause

 

157

Procedure where he appears to show cause

 

139

Power of Magistrate to direct local investigation and examination of an expert

 

158

Power of Magistrate to direct local investigation and examination of an expert

 

140

Power of Magistrate to furnish written instructions, etc.

 

159

Power of Magistrate to furnish written instructions, etc.

 

141

Procedure on order being made absolute and consequences of disobedience

 

160

Procedure on order being made absolute and consequences of disobedience

142

Injunction pending inquiry

161

Injunction pending inquiry

 

143

Magistrate may prohibit repetition or continuance of public nuisance

 

162

Magistrate may prohibit repetition or continuance of public nuisance

 

144

Power to issue order in urgent cases of nuisance or apprehended danger

 

163

Power to issue order in urgent cases of nuisance or apprehended danger

 

144A

Power to prohibit carrying arms in procession or mass drill or mass training with arms

 

 

Deleted

 

145

Procedure where dispute concerning land or water is likely to cause breach of peace

 

164

Procedure where dispute concerning land or water is likely to cause breach of peace

 

146

Power to attach subject of dispute and to appoint receiver

 

165

Power to attach subject of dispute and to appoint receiver

 

147

Dispute concerning right of use of land or water

 

166

Dispute concerning right of use of land or water

148

Local inquiry

167

Local inquiry

 

149

Police to prevent cognizable offences

 

168

Police to prevent cognizable offences

 

150

Information of design to commit cognizable offences

 

169

Information of design to commit cognizable offences

 

151

Arrest to prevent the commission of cognizable offences

 

170

Arrest to prevent the commission of cognizable offences

 

152

Prevention of injury to public property

 

171

Prevention of injury to public property

 

—-

 

—-

 

172

Persons bound to confirm to lawful directions of Police

 

153

Inspection of weights and measures

 

 

Deleted

154

Information in cognizable cases

173

Information in cognizable cases

 

155

Information as to non- cognizable cases and investigation of such cases

 

174

Information as to non- cognizable cases and investigation of such cases

 

156

Police officer’s power to investigate cognizable cases

 

175

Police officer’s power to investigate cognizable case

157

Procedure for investigation

176

Procedure for investigation

158

Report how submitted

177

Report how submitted

 

159

Power to hold investigation or preliminary inquiry

 

178

Power to hold investigation or preliminary inquiry

 

160

Police officer’s power to require attendance of witnesses

 

179

Police officer’s power to require attendance of witnesses

 

161

Examination of witnesses by police

 

180

Examination of witnesses by police

 

162

Statements to police not to be signed – Use of statements in evidence

 

181

Statements to police not to be signed: Use of statements in evidence

163

No inducement to be offered

182

No inducement to be offered

 

164

Recording of confessions and statements

 

183

Recording of confessions and statements

 

164A

Medical examination of the victim of rape

 

184

Medical examination of the victim of rape

165

Search by police officer

185

Search by police officer

 

166

When officer in charge of police station may require another to issue search warrant

 

186

When officer in charge of police station may require another to issue search-warrant

 

166A

Letter of request to competent authority for investigation in a country or place outside India

 

 

Deleted

 

 

166B

Letter of request from a country or place outside India to a Court or an authority for investigation in India

 

 

Deleted

 

167

Procedure when investigation cannot be completed in twenty- four hours

 

187

Procedure when investigation cannot be completed in twenty- four hours

 

168

Report of investigation by subordinate police officer

 

188

Report of investigation by subordinate police officer

 

169

Release of accused when evidence deficient

 

189

Release of accused when evidence deficient

 

170

Cases to be sent to Magistrate when evidence is sufficient

 

190

Cases to be sent to Magistrate, when evidence is sufficient

 

171

Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint

 

191

Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint

 

172

Diary of proceedings in investigation

 

192

Diary of proceedings in investigation

 

173

Report of police officer on completion of investigation

 

193

Report of police officer on completion of investigation

 

174

Police to enquire and report on suicide, etc.

 

194

Police to enquire and report on suicide, etc.

175

Power to summon persons

195

Power to summon persons

 

176

Inquiry by Magistrate into cause of death

 

196

Inquiry by Magistrate into cause of death

 

177

Ordinary place of inquiry and trial

 

197

Ordinary place of inquiry and trial

178

Place of inquiry or trial

198

Place of inquiry or trial

 

179

Offence triable where act is done or consequence ensues

 

199

Offence triable where act is done or consequence ensues

 

180

Place of trial where act is an offence by reason of relation to other offence

 

200

Place of trial where act is an offence by reason of relation to other offence

 

181

Place of trial in case of certain offences

 

201

Place of trial in case of certain offences

 

182

 

Offences committed by letters, etc.

 

202

Offences committed by means of electronic communications, letters, etc.

 

183

Offence committed on journey or voyage

 

203

Offence committed on journey or voyage

 

184

Place of trial for offences triable together

 

204

Place of trial for offences triable together

 

185

Power to order cases to be tried in different sessions divisions

 

205

Power to order cases to be tried in different sessions divisions

 

186

High Court to decide, in case of doubt, district where inquiry or trial shall take place

 

206

High Court to decide, in case of doubt, district where inquiry or trial shall take place

 

187

Power to issue summons or warrant for offence committed beyond local jurisdiction

 

207

Power to issue summons or warrant for offence committed beyond local jurisdiction

 

188

Offence committed outside India

 

208

Offence committed outside India

 

189

Receipt of evidence relating to offences committed outside India

 

209

Receipt of evidence relating to offences committed outside India

 

190

Cognizance of offences by Magistrates

 

210

Cognizance of offences by Magistrates

 

191

Transfer on application of the accused

 

211

Transfer on application of the accused

 

192

Making over of cases to Magistrates

 

212

Making over of cases to Magistrates

 

193

Cognizance of offences by Courts of Session

 

213

Cognizance of offences by Courts of Session

 

194

Additional and Assistant Sessions Judges to try cases made over to them

 

214

 

Additional Sessions Judges to try cases made over to them

 

 

195

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

 

 

215

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence

 

195A

Procedure for witnesses in case of threatening, etc.

 

216

Procedure for witnesses in case of threatening, etc.

 

196

Prosecution for offences against the State and for criminal conspiracy to commit such offence

 

217

Prosecution for offences against the State and for criminal conspiracy to commit such offence

 

197

Prosecution of Judges and public servants

 

218

Prosecution of Judges and public servants

 

198

Prosecution for offences against marriage

 

219

Prosecution for offences against marriage

 

198A

Prosecution of offences under section 498A of the Indian Penal Code

 

220

Prosecution of offences under section 498A of the Bharatiya Nyaya Sanhita, 2023

198B

Cognizance of offence

221

Cognizance of offence

199

Prosecution for defamation

222

Prosecution for defamation

200

Examination of complainant

223

Examination of complainant

 

201

Procedure by Magistrate not competent to take cognizance of the case

 

224

Procedure by Magistrate not competent to take cognizance of the case

 

202

Postponement of issue of process

 

225

Postponement of issue of process

203

Dismissal of complaint

226

Dismissal of complaint

204

Issue of process

227

Issue of process

 

205

Magistrate may dispense with personal attendance of accused

 

228

Magistrate may dispense with personal attendance of accused

 

206

Special summons in cases of petty offence

 

229

Special summons in cases of petty offence

 

207

Supply to the accused of copy of police report and other documents

 

230

Supply to the accused of copy of police report and other documents

 

208

Supply of copies of statements and documents to accused in other cases triable by court of session

 

231

Supply of copies of statements and documents to accused in other cases triable by Court of Session

 

209

Commitment of case to Court of Session when offence is triable exclusively by it

 

232

Commitment of case to Court of Session when offence is triable exclusively by it

 

210

Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

 

233

Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

211

Contents of charge

234

Contents of charge

 

212

Particulars as to time, place and person

 

235

Particulars as to time, place and person

 

213

When manner of committing offence must be stated

 

236

When manner of committing offence must be stated

 

214

Words in charge taken in sense of law under which offence is punishable

 

237

Words in charge taken in sense of law under which offence is punishable

215

Effect of errors

238

Effect of errors

216

Court may alter charge

239

Court may alter charge

 

217

Recall of witnesses when charge altered

 

240

Recall of witnesses when charge altered

 

218

Separate charges for distinct offences

 

241

Separate charges for distinct offences

 

219

Three offences of same kind within year may be charged together

 

242

 

Offences of same kind within year may be charged together

220

Trial for more than one offence

243

Trial for more than one offence

 

221

Where it is doubtful what offence has been committed

 

244

Where it is doubtful what offence has been committed

 

222

When offence proved included in offence charged

 

245

When offence proved included in offence charged

 

223

What persons may be charged jointly

 

246

What persons may be charged jointly

 

224

Withdrawal of remaining charges on conviction on one of several charges

 

247

Withdrawal of remaining charges on conviction on one of several charges

 

225

Trial to be conducted by Public Prosecutor

 

248

Trial to be conducted by Public Prosecutor

226

Opening case for prosecution

249

Opening case for prosecution

227

Discharge

250

Discharge

228

Framing of charge

251

Framing of charge

229

Conviction on plea of guilty

252

Conviction on plea of guilty

230

Date for prosecution evidence

253

Date for prosecution evidence

231

Evidence for prosecution

254

Evidence for prosecution

232

Acquittal

255

Acquittal

233

Entering upon defence

256

Entering upon defence

234

Arguments

257

Arguments

 

235

Judgment of acquittal or conviction

 

258

Judgment of acquittal or conviction

236

Previous conviction

259

Previous conviction

 

237

Procedure in cases instituted under section 199(2)

 

260

Procedure in cases instituted under section 223(1)

238

Compliance with section 207

261

Compliance with section 231

 

239

When accused shall be discharged

 

262

When accused shall be discharged

240

Framing of charge

263

Framing of charge

241

Conviction on plea of guilty

264

Conviction on plea of guilty

242

Evidence for prosecution

265

Evidence for prosecution

243

Evidence for defence

266

Evidence for defence

244

Evidence for prosecution

267

Evidence for prosecution

 

245

When accused shall be discharged

 

268

When accused shall be discharged

 

246

Procedure where accused is not discharged

 

269

Procedure where accused is not discharged

247

Evidence for defence

270

Evidence for defence

248

Acquittal or conviction

271

Acquittal or conviction

249

Absence of complainant

272

Absence of complainant

 

250

Compensation for accusation without reasonable cause

 

273

Compensation for accusation without reasonable cause

 

251

Substance of accusation to be stated

 

274

Substance of accusation to be stated

252

Conviction on plea of guilty

275

Conviction on plea of guilty

 

253

Conviction on plea of guilty in absence of accused in petty cases

 

276

Conviction on plea of guilty in absence of accused in petty cases

254

Procedure when not convicted

277

Procedure when not convicted

255

Acquittal or conviction

278

Acquittal or conviction

 

256

Non-appearance or death of complainant

 

279

Non-appearance or death of complainant

257

Withdrawal of complaint

280

Withdrawal of complaint

 

258

Power to stop proceedings in certain cases

 

281

Power to stop proceedings in certain cases

 

259

Power of Court to convert summons-cases into warrant- cases

 

282

Power of Court to convert summons-cases into warrant- cases

260

Power to try summarily

283

Power to try summarily

 

261

Summary trial by Magistrate of the second class

 

284

Summary trial by Magistrate of the second class

262

Procedure for summary trials

285

Procedure for summary trials

263

Record in summary trials

286

Record in summary trials

 

264

Judgment in cases tried summarily

 

287

Judgment in cases tried summarily

 

265

Language of record and judgment

 

288

Language of record and judgment

265A

Application of the Chapter

289

Application of the Chapter

265B

Application for plea bargaining

290

Application for plea bargaining

 

265C

Guidelines for mutually satisfactory disposition

 

291

Guidelines for mutually satisfactory disposition

 

265D

Report of the mutually satisfactory disposition to be submitted before the Court

 

292

Report of the mutually satisfactory disposition to be submitted before the Court

265E

Disposal of the case

293

Disposal of the case

265F

Judgment of the Court

294

Judgment of the Court

265G

Finality of the judgment

295

Finality of the judgment

 

265H

Power of the Court in plea bargaining

 

296

Power of the Court in plea bargaining

 

265-I

Period of detention undergone by the accused to be set off against the sentence of imprisonment

 

297

Period of detention undergone by the accused to be set off against the sentence of imprisonment

265J

Savings

298

Savings

 

265K

Statements of accused not to be used

 

299

Statements of accused not to be used

265L

Non-application of the Chapter

300

Non-application of the Chapter

266

Definitions

301

Definition

 

267

Power to require attendance of prisoners

 

302

Power to require attendance of prisoners

 

268

 

Power of State Government to exclude certain persons from operation of section 267

 

303

Power of State Government or Central Government to exclude certain persons from operation of section 302

 

269

Officer-in-charge of prison to abstain from carrying out order in certain contingencies

 

304

Officer in charge of prison to abstain from carrying out order in certain contingencies

 

270

Prisoner to be brought to Court in custody

 

305

Prisoner to be brought to Court in custody

 

271

Power to issue commission for examination of witness in prison

 

306

Power to issue commission for examination of witness in prison

272

Language of Courts

307

Language of Courts

 

273

Evidence to be taken in presence of accused

 

308

Evidence to be taken in presence of accused

 

274

Record in summons-cases and inquiries

 

309

Record in summons-cases and inquiries

275

Record in warrant-cases

310

Record in warrant-cases

 

276

Record in trial before Court of Session

 

311

Record in trial before Court of Session

277

Language of record of evidence

312

Language of record of evidence

 

278

Procedure in regard to such evidence when completed

 

313

Procedure in regard to such evidence when completed

 

279

Interpretation of evidence to accused or his pleader

 

314

Interpretation of evidence to accused or his pleader

 

280

Remarks respecting demeanour of witness

 

315

Remarks respecting demeanour of witness

 

281

Record of examination of accused

 

316

Record of examination of accused

 

282

Interpreter to be bound to interpret truthfully

 

317

Interpreter to be bound to interpret truthfully

283

Record in High Court

318

Record in High Court

 

284

When attendance of witness may be dispensed with and commission issued

 

319

When attendance of witness may be dispensed with and commission issued

 

285

Commission to whom to be issued

 

320

Commission to whom to be issued

286

Execution of commissions

321

Execution of commissions

287

Parties may examine witnesses

322

Parties may examine witnesses

288

Return of commission

323

Return of commission

289

Adjournment of proceeding

324

Adjournment of proceeding

 

290

Execution of foreign commissions

 

325

Execution of foreign commissions

291

Deposition of medical witness

326

Deposition of medical witness

291A

Identification report of Magistrate

 

327

Identification report of Magistrate

292

Evidence of officers of the Mint

328

Evidence of officers of the Mint

 

293

Reports of certain Government scientific experts

 

329

Reports of certain Government scientific experts

 

294

No formal proof of certain documents

 

330

No formal proof of certain documents

 

295

Affidavit in proof of conduct of public servants

 

331

Affidavit in proof of conduct of public servants

 

296

Evidence of formal character on affidavit

 

332

Evidence of formal character on affidavit

 

297

Authorities before whom affidavits may be sworn

 

333

Authorities before whom affidavits may be sworn

 

298

Previous conviction or acquittal how proved

 

334

Previous conviction or acquittal how proved

 

299

Record of evidence in absence of accused

 

335

Record of evidence in absence of accused

 

—–

 

—–

 

336

Evidence of public servants, experts, police officers in certain cases

 

300

Person once convicted or acquitted not to be tried for same offence

 

337

Person once convicted or acquitted not to be tried for same offence

 

301

Appearance by Public Prosecutors

 

338

Appearance by Public Prosecutors

 

302

Permission to conduct prosecution

 

339

Permission to conduct prosecution

 

303

Right of person against whom proceedings are instituted to be defended

 

340

Right of person against whom proceedings are instituted to be defended

 

304

Legal aid to accused at State expense in certain cases

 

341

Legal aid to accused at State expense in certain cases

 

305

 

Procedure when corporation or registered society is an accused

 

342

Procedure when corporation or registered society is an accused

306

Tender of pardon to accomplice

343

Tender of pardon to accomplice

 

307

Power to direct tender of pardon

 

344

Power to direct tender of pardon

 

308

Trial of person not complying with conditions of pardon

 

345

Trial of person not complying with conditions of pardon

 

309

Power to postpone or adjourn proceedings

 

346

Power to postpone or adjourn proceedings

310

Local inspection

347

Local inspection

 

311

Power to summon material witness, or examine person present

 

348

Power to summon material witness, or examine person present

 

311

A

Power of Magistrate to order person to give specimen signatures or handwriting

 

349

Power of Magistrate to order person to give specimen signatures or handwriting

 

312

Expenses of complainants and witnesses

 

350

Expenses of complainants and witnesses

313

Power to examine the accused

351

Power to examine the accused

 

314

Oral arguments and memorandum of arguments

 

352

Oral arguments and memorandum of arguments

 

315

Accused person to be competent witness

 

353

Accused person to be competent witness

 

316

No influence to be used to induce disclosure

 

354

No influence to be used to induce disclosure

 

317

Provision for inquiries and trial being held in the absence of accused in certain cases

 

355

Provision for inquiries and trial being held in the absence of accused in certain cases

 

—–

 

—–

 

356

Inquiry, trial or judgment in absentia of proclaimed offender

 

318

Procedure where accused does not understand proceedings

 

357

Procedure where accused does not understand proceedings

 

319

Power to proceed against other persons appearing to be guilty of offence

 

358

Power to proceed against other persons appearing to be guilty of offence

320

Compounding of offences

359

Compounding of offences

321

Withdrawal from prosecution

360

Withdrawal from prosecution

 

322

Procedure in cases which Magistrate cannot dispose of

 

361

Procedure in cases which Magistrate cannot dispose of

 

323

Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

 

362

Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed

 

324

Trial of persons previously convicted of offences against coinage, stamp-law or property

 

363

Trial of persons previously convicted of offences against coinage, stamp-law or property

 

325

Procedure when Magistrate cannot pass sentence sufficiently severe

 

364

Procedure when Magistrate cannot pass sentence sufficiently severe

 

326

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

 

365

Conviction or commitment on evidence partly recorded by one Magistrate and partly by another

327

Court to be open

366

Court to be open

 

328

Procedure in case of accused being lunatic

 

367

Procedure in case of accused being person with mental illness

 

329

Procedure in case of person of unsound mind tried before Court

 

368

Procedure in case of person with mental illness tried before Court

 

330

Release of person of unsound mind pending investigation or trial

 

369

Release of person with mental illness pending investigation or trial

331

Resumption of inquiry or trial

370

Resumption of inquiry or trial

 

332

Procedure on accused appearing before Magistrate or Court

 

371

Procedure on accused appearing before Magistrate or Court

 

333

When accused appears to have been of sound mind

 

372

When accused appears to have been of sound mind

 

334

Judgment of acquittal on ground of unsoundness of mind

 

373

Judgment of acquittal on ground of mental illness

 

335

Person acquitted on such ground to be detained in safe custody

 

374

Person acquitted on such ground to be detained in safe custody

 

336

Power of State Government to empower officer-in-charge to discharge

 

375

Power of State Government to empower officer-in-charge to discharge

 

337

Procedure where lunatic prisoner is reported capable of making his defence

 

376

Procedure where prisoner with mental illness is reported capable of making his defence

 

338

Procedure where lunatic detained is declared fit to be released

 

377

Procedure where person with mental illness detained is declared fit to be released

 

339

 

Delivery of lunatic to care of relative or friend

 

378

Delivery of person with mental liabilities to care of relative or friend

 

340

Procedure in cases mentioned in section 195

 

379

Procedure in cases mentioned in section 215

341

Appeal

380

Appeal

342

Power to order costs

381

Power to order costs

 

343

Procedure of Magistrate taking cognizance

 

382

Procedure of Magistrate taking cognizance

 

344

Summary procedure for trial for giving false evidence

 

383

Summary procedure for trial for giving false evidence

 

345

Procedure in certain cases of contempt

 

384

Procedure in certain cases of contempt

 

346

Procedure where Court considers that case should not be dealt with under section 345

 

385

Procedure where Court considers that case should not be dealt with under section 384

 

347

When Registrar or Sub- Registrar to be deemed a Civil Court

 

386

When Registrar or Sub- Registrar to be deemed a Civil Court

 

348

Discharge of offender on submission of apology

 

387

Discharge of offender on submission of apology

 

349

Imprisonment or committal of person refusing to answer or produce document

 

388

Imprisonment or committal of person refusing to answer or produce document

 

350

Summary procedure for punishment for non-attendance by a witness in obedience to summons

 

389

Summary procedure for punishment for non-attendance by a witness in obedience to summons

 

351

Appeals from convictions under sections 344, 345, 349 and 350

 

390

Appeals from convictions under sections 383, 384, 388 and 389

 

352

Certain Judges and Magistrates not to try certain offences when committed before themselves

 

391

Certain Judges and Magistrates not to try certain offences when committed before themselves

353

Judgment

392

Judgment

 

354

Language and contents of judgment

 

393

Language and contents of judgment

 

355

Metropolitan Magistrate’s judgment

 

 

Deleted

 

356

Order for notifying address of previously convicted offender

 

394

Order for notifying address of previously convicted offender

357

Order to pay compensation

395

Order to pay compensation

357A

Victim compensation scheme

396

Victim compensation scheme

 

 

357B

Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code

 

 

Deleted

357C

Treatment of victims

397

Treatment of victims

—–

—–

398

Witness Protection Scheme

 

358

Compensation to persons groundlessly arrested

 

399

Compensation to persons groundlessly arrested

 

359

Order to pay costs in non- cognizable cases

 

400

Order to pay costs in non- cognizable cases

 

360

Order to release on probation of good conduct or after admonition

 

401

Order to release on probation of good conduct or after admonition

 

361

Special reasons to be recorded in certain cases

 

402

Special reasons to be recorded in certain cases

362

Court not to alter judgment

403

Court not to alter judgment

 

363

Copy of judgment to be given to the accused and other persons

 

404

Copy of judgment to be given to the accused and other persons

 

364

 

Judgment when to be translated

 

405

Judgment when to be translated

 

365

Court of Session to send copy of finding and sentence to District Magistrate

 

406

Court of Session to send copy of finding and sentence to District Magistrate

 

366

Sentence of death to be submitted by Court of Session for confirmation

 

407

Sentence of death to be submitted by Court of Session for confirmation

 

367

Power to direct further inquiry to be made or additional evidence to be taken

 

408

Power to direct further inquiry to be made or additional evidence to be taken

 

368

Power of High Court to confirm sentence or annul conviction

 

409

Power of High Court to confirm sentence or annul conviction

 

369

Confirmation or new sentence to be signed by two Judges

 

410

Confirmation or new sentence to be signed by two Judges

 

370

Procedure in case of difference of opinion

 

411

Procedure in case of difference of opinion

 

371

Procedure in cases submitted to High Court for confirmation

 

412

Procedure in cases submitted to High Court for confirmation

 

372

No appeal to lie unless otherwise provided

 

413

No appeal to lie unless otherwise provided

 

373

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

 

414

Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour

374

Appeals from convictions

415

Appeals from convictions

 

375

No appeal in certain cases when accused pleads guilty

 

416

No appeal in certain cases when accused pleads guilty

376

No appeal in petty cases

417

No appeal in petty cases

 

377

Appeal by the State Government against sentence

 

418

Appeal by the State Government against sentence

378

Appeal in case of acquittal

419

Appeal in case of acquittal

 

379

Appeal against conviction by High Court in certain cases

 

420

Appeal against conviction by High Court in certain cases

 

380

Special right of appeal in certain cases

 

421

Special right of appeal in certain cases

 

381

Appeal to Court of Session how heard

 

422

Appeal to Court of Session how heard

382

Petition of appeal

423

Petition of appeal

383

Procedure when appellant in jail

424

Procedure when appellant in jail

384

Summary dismissal of appeal

425

Summary dismissal of appeal

 

385

Procedure for hearing appeals not dismissed summarily

 

426

Procedure for hearing appeals not dismissed summarily

386

Powers of the Appellate Court

427

Powers of the Appellate Court

 

387

Judgments of subordinate Appellate Court

 

428

Judgments of Subordinate Appellate Court

 

388

Order of High Court on appeal to be certified to lower Court

 

429

Order of High Court on appeal to be certified to lower Court

 

389

Suspension of sentence pending the appeal; release of appellant on bail

 

430

Suspension of sentence pending the appeal; release of        appellant on bail

 

405

High Court’s order to be certified to lower Court

 

445

High Court’s order to be certified to lower Court.

 

406

Power of Supreme Court to transfer cases and appeals

 

446

Power of Supreme Court to transfer cases and appeals

 

407

Power of High Court to transfer cases and appeals

 

447

Power of High Court to transfer cases and appeals

 

408

Power of Sessions Judge to transfer cases and appeals

 

448

Power of Sessions Judge to transfer cases and appeals

 

409

Withdrawal of cases and appeals by Sessions Judges

 

449

Withdrawal of cases and appeals by Session Judge

 

410

Withdrawal of cases by Judicial Magistrates

 

450

Withdrawal of cases by Judicial Magistrate

 

411

Making over or withdrawal of cases by Executive Magistrates

 

451

Making over or withdrawal of cases by Executive Magistrates

412

Reasons to be recorded

452

Reasons to be recorded

 

413

Execution of order passed under section 368

 

453

Execution of order passed under section 409

 

414

Execution of sentence of death passed by High Court

 

454

Execution of sentence of death passed by High Court

 

415

Postponement of execution of sentence of death in case of appeal to Supreme Court

 

455

Postponement of execution of sentence of death in case of appeal to Supreme Court

 

416

Postponement of capital sentence on pregnant woman

 

456

Commutation of sentence of death on pregnant woman

 

417

Power to appoint place of imprisonment

 

457

Power to appoint place of imprisonment

 

418

Execution of sentence of imprisonment

 

458

Execution of sentence of imprisonment

 

419

Direction of warrant for execution

 

459

Direction of warrant for execution

 

420

Warrant with whom to be lodged

 

460

Warrant with whom to be lodged

421

Warrant for levy of fine

461

Warrant for levy of fine

422

Effect of such warrant

462

Effect of such warrant

 

423

Warrant for levy of fine issued by a Court in any territory to which this Code does not extend

 

463

Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend

 

424

Suspension of execution of sentence of imprisonment

 

464

Suspension of execution of sentence of imprisonment

425

Who may issue warrant

465

Who may issue warrant

 

426

Sentence on escaped convict when to take effect

 

466

Sentence on escaped convict when to take effect

 

427

Sentence on offender already sentenced for another offence

 

467

Sentence on offender already sentenced for another offence

 

428

Period of detention undergone by the accused to be set off against the sentence of imprisonment

 

468

Period of detention undergone by the accused to be set off against the sentence of imprisonment

429

Saving

469

Saving

 

430

Return of warrant on execution of sentence

 

470

Return of warrant on execution of sentence

 

431

Money ordered to be paid recoverable as a fine

 

471

Money ordered to be paid recoverable as a fine

 

—-

 

—–

 

472

Mercy Petition in death sentence cases

432

Power to suspend or remit sentences

473

Power to suspend or remit sentences

433

Power to commute sentence

474

Power to commute sentence

 

433A

Restriction on powers of remission or commutation in certain cases

 

475

Restriction on powers of remission or commutation in certain cases

 

434

Concurrent power of Central Government in case of death sentences

 

476

Concurrent power of Central Government in case of death sentences

 

435

State Government to act after consultation with Central Government in certain cases

 

477

State Government to act after concurrence with Central Government in certain cases

436

In what cases bail to be taken

478

In what cases bail to be taken

 

436A

Maximum period for which an under-trial prisoner can be detained

 

479

Maximum period for which an under-trial prisoner can be detained

437

When bail may be taken in case of non-bailable offence

480

When bail may be taken in case of non-bailable offence

 

437A

Bail to require accused to appear before next Appellate Court

 

481

Bail to require accused to appear before next appellate Court

438

Direction for grant of bail to person apprehending arrest

482

Direction for grant of bail to person apprehending arrest

439

Special powers of High Court or Court of Session regarding bail

483

Special powers of High Court or Court of Session regarding bail

440

Amount of bond and reduction thereof

484

Amount of bond and reduction thereof

441

Bond of accused and sureties

485

Bond of accused and sureties

441A

Declaration by sureties

486

Declaration by sureties

442

Discharge from custody

487

Discharge from custody

 

443

Power to order sufficient bail when that first taken is insufficient

 

488

Power to order sufficient bail when that first taken is insufficient

444

Discharge of sureties

489

Discharge of sureties

445

Deposit instead of recognizance

490

Deposit instead of recognizance

446

Procedure when bond has been forfeited

491

Procedure when bond has been forfeited

446A

Cancellation of bond and bail- bond

492

Cancellation of bond and bail bond

 

447

Procedure in case of insolvency or death of surety or when a bond is forfeited

 

493

Procedure in case of insolvency of death of surety or when a bond is forfeited

448

Bond required from minor

494

Bond required from minor

449

Appeal from orders under section 446

495

Appeal from orders under section 491

450

Power to direct levy of amount due on certain recognizances

496

Power to direct levy of amount due on certain recognizances

 

451

Order for custody and disposal of property pending trial in certain cases

 

497

Order for custody and disposal of property pending trial in certain cases

452

Order for disposal of property at conclusion of trial

498

Order for disposal of property at conclusion of trial

453

Payment to innocent purchaser of money found on accused

499

Payment to innocent purchaser of money found on accused

454

Appeal against orders under section 452 or section 453

500

Appeal against orders under section 500 or section 501

455

Destruction of libellous and other matter

501

Destruction of libellous and other matter

456

Power to restore possession of immovable property

502

Power to restore possession of immovable property

457

Procedure by police upon seizure of property

503

Procedure by police upon seizure of property

458

Procedure where no claimant appears within six months

504

Procedure where no claimant appears within six months

459

Power to sell perishable property

505

Power to sell perishable property

460

Irregularities which do not vitiate proceedings

506

Irregularities which do not vitiate proceedings

461

Irregularities which vitiate proceedings

507

Irregularities which vitiate proceedings

462

Proceedings in wrong place

508

Proceedings in wrong place

463

Non-compliance with provisions of section 164 or section 281

509

Non-compliance with provisions of section 183 or section 316

464

Effect of omission to frame, or absence of, or error in, charge

510

Effect of omission to frame, or absence of, or error in, charge

 

465

Finding or sentence when reversible by reason of error, omission or irregularity

 

511

Finding or sentence when reversible by reason of error, omission or irregularity

466

Defect or error not to make attachment unlawful

512

Defect or error not to make attachment unlawful

467

Definitions

513

Definitions

468

Bar to taking cognizance after lapse of the period of limitation

514

Bar to taking cognizance after lapse of the period of limitation

469

Commencement of the period of limitation

515

Commencement of the period of limitation

470

Exclusion of time in certain cases

516

Exclusion of time in certain cases

471

Exclusion of date on which Court is closed

517

Exclusion of date on which Court is closed

472

Continuing offence

518

Continuing offence

473

Extension of period of limitation in certain cases

519

Extension of period of limitation in certain cases

474

Trials before High Courts

520

Trials before High Courts

 

475

Delivery to commanding officers of persons liable to be tried by Court- martial

 

521

Delivery to commanding officers of persons liable to be tried by Court- martial

476

Forms

522

Forms

477

Power of High Court to make rules

523

Power of High Court to make rules

 

478

Power to alter functions allotted to Executive Magistrates in certain cases

 

524

Power to alter functions allocated to Executive Magistrate in certain cases

 

479

Cases in which Judge or Magistrate is personally interested

 

525

Case in which Judge or Magistrate is personally interested

480

Practising pleader not to sit as Magistrate in certain Courts

526

Practicing advocate not to sit as Magistrate in certain Courts

 

481

Public servant concerned in sale not to purchase or bid for property

 

527

Public servant concerned in sale not to purchase or bid for property

482

Saving of inherent powers of High Court

528

Saving of inherent powers of High Court

 

483

Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates

 

529

Duty of High Court to exercise continuous superintendence over Courts

484

Repeal and savings

530

Trial and proceedings to be held in electronic mode.

—-

—–

531

Repeal and Savings

Share This :

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © Law Pulse 2023. All rights reserved.

Post Views: 56