Criminal Law Paralegal Training Session You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو.  Thank you Outlawed India for sharing warmly and freely. Topics Covered : What is a crime? Cognisable v non-cognisable offences Complaint procedure for : Non cognisable offences - NCR Cognisable offences - FIR Overview of criminal justice system and criminal procedure - what happens after a complaint has been filed Rights related to police Rights of arrested persons Victim’s rights - Victims compensation Note: The plan for this module is to divide it into two broad parts - the first part broadly pertains more to the victim’s side of things, and the second part more to the accused side of things. Part 1: Criminal Law Objective Paralegals must have a basic understanding of how the criminal justice system functions in India, and an understanding of the rights of various parties involved in the system. That paralegals be able to assist individuals in filing a criminal complaint either by way of an FIR or a private complaint with a magistrate. Part 1: Resources Printouts Clips and string BNSS -  The Bharatiya Nagarik Suraksha Sanhita, 2023 BNS - The Bharatiya Nyaya Sanhita, 2023 Logistics: Energiser (15m) Intent : To feel like a Nyaaya Mitra Building a Nyaaya Mitra Mural (10m) Chakde India Video Nyaaya Mitra Chant (5m) Intro to Criminal Law Activity 1 : Experiences with Criminal Law (Popcorn) (2-3 responses - 5m) Have the paralegals narrate their experiences dealing with crimes. Have any of them: witnessed a crime taking place helped someone who was a victim of a crime spoken to a police officer / helped a victim do so filed a FIR / helped a victim do so Have them narrate the steps they took and if they were effectively able to help the person. What is a crime? (5-10m) Discussion Prompts (Popcorn): What would you consider a crime? Are all wrongs/disputes in law crimes? For example, in the following scenarios would you consider it a crime and report it to the police as something that they can investigate and handle? If the government does not issue you a transgender ID card / Aadhaar card, etc, or give you your welfare scheme entitlement If someone stole a TV from your house If in a government school, there were no washrooms for girls Some individuals in your neighborhood get drunk every night and cause a nuisance (throwing glass bottles, making excessive noise, threatening people who try to stop them) Your neighbors are a couple who fights every day. One day you see them fighting on the balcony and you see the man hit the woman and walk away. You are facing a lot of issues with your employer - he does not pay you your salary on time, and the last three months’ salary has not been sent to you Your neighbour constructs a fence between your houses - you notice that in constructing the fence the neighbour has taken up some of your land. How do you know in which scenarios to report an issue to the police as a criminal offence? Talking Points: A crime is a violation of a criminal law or code. It is an act that is prohibited by law because it is injurious/harmful to the public/society. While the victim of a crime, or the person directly affected by the act may be an individual (or a few), it is deemed to be harmful to society as a whole because the commission of these acts create a lack of safety and security in society. Some examples of criminal codes are: Bharatiya Nyaaya Sanhita (BNS, which replaced the Indian Penal Code / IPC) - this is India’s official criminal law - it contains several crimes, their definitions, and the punishment for committing them. NDPS Act Information Technology Act We will now be teaching you three kinds of distinctions in law: Substantive v Procedural Law Criminal v Other Types of law Cognizable v Non-Cognizable Substantive v Procedural Law  (15-20m) Substantive: Gross Law, Objective Law, Decisive Law Procedural: Methodological Law, Law of Procedure  Discussion Prompt (Cricket Analogy): How many of you watch cricket? Can you share what the main rules of cricket are? What happens when a rule is broken? Who decides this? Are there rules or procedures about that? Talking Points: In cricket or any sport there are two types of rules: Rules about how the game should be played - what is allowed and what is not allowed, punishments for breaking a rule Rules that enforce these rules - rules about how to report a broken rule, who decides when a rule is broken In law too there is this difference Former - Substantive law - law about what rights people have, what is right/allowed and what is wrong/not allowed Latter - Procedural law - law about how to report a rule being broken, laws about who makes decisions and gives punishments on broken rules, rules on how to make these decisions In criminal law there is: Bharatiya Nyaaya Sanhita (BNS) , NDPS Act , IT Act - which define what are crimes Bharatiya Nagarika Suraksha Sanhita - which talks about: How to make a complaint, how police should record complaints How police should conduct investigation - what powers they have, what their role & duty is Criminal courts, judges in those courts, what powers courts & judges have Sometimes a legislation will have both substantive and procedural sections in it  Activity : Identifying Substantive v Procedural Laws ( NDPS Act - Reading Law) Have the Nyaaya Mitras go over the following sections of the NDPS Act with us and identify whether the provision is procedural or substantive: Chapter III Section 8 : Prohibition of certain operations (cultivation of coca, opium, cannabis) - Substantive Section 9 : Power of Central Government to permit, control & regulate - Substantive Chapter IV Section 20 - Punishment wrt cannabis -  Substantive Section 36 & 36A -  Procedural Section 39 -  Procedural Chapter V Section 41 , 42 , 43 , 44 - Powers of officers - Procedural Section 50 - conditions of search - Procedural Criminal Law v Other Types of Law  (10-15m) 1. Criminal law is one of the various branches of law -  Discussion Prompt: Can you think of other branches of law? Civil Law - deals with disputes between individuals, organisations, businesses, including: property law, family law (marriage, child custody), right to education Labour Law - deals with issues at the workplace - either between employer and employee or amongst employees. Commercial Law - regulation of business, trade and commerce (Eg: Contract Act, Consumer Protection Act) 2. Why is this difference important (for a paralegal)? Reporting authority is different - how you make a complaint differs:  i. For criminal law - you file an  FIR ii. For labour law - you first file a notice, then you file a complaint with labour department iii. For family law - you have to go to family court iv. For civil matters - civil suit The proof will also differ: i. The kind of evidence, documents, etc that you may need ii. The level to which it needs to be probed The punishment and kinds of punishment is different: i. For crimes the punishment is usually imprisonment and/or fine. ii. Under civil law, there is no punishment per se but there may be a fine imposed or some directions given by the court to ensure that there is some remedy to the issue brought before the Court. iii. Under labour law, for example, if someone has been fired without notice or reason the remedy could be payment of salary for the notice period required and/or reinstatement of the job. The type of court proceedings also differ - there are separate criminal courts and civil courts and the way that proceedings happen in the court are different. 3. Sometimes there are overlaps: For example, some acts can be considered both a criminal and a civil wrong and you can get remedies in different fora: i. Sexual harassment at the workplace - POSH Act (civil remedy) and  BNS (criminal remedy) ii. Defamation & Trespass - can file a case in both civil and criminal court Some legislations have both criminal and civil components to it: i. Domestic Violence Act ii. Section 125 CrPC /  Section 144 BNSS iii. Companies Act has some criminal provisions 4. Whenever a client comes to you with a complaint that you feel is a criminal issue, it is your job to go through the BNS and see if it is covered under that. Facilitator to run the NMs through the Bharatiya Nyaya Sanhita . Run them through the index and explain how the criminal code is divided (esp the classification of crimes): Ch V : Offences Against Woman and Child Ch VI : Offences Against Human Body Ch VII &  X : Offences Against State + Relating to Defence Forces, Elections, Currency Ch XI : Public Tranquillity Ch XII & XIII : Relating to Public Servants Ch XIV : Public Justice Ch XV : Public Health, Safety, Convenience, Decency, Morals Ch XVI : Religion Ch XVII & XVIII : Property & Documents Ch XIX : Criminal Intimidation, Insult, Annoyance, Defamation Explain to the NMs how these attach themselves to the above provisions: Ch IV : Abetment, Conspiracy & Attempt Ch III : Exceptions Activity: Reading the BNS Provisions in detail (15-20m):  Bharatiya Nyaya Sanhita Full Text Part A: Chit-Picking and Reading BNS Sections Chits with chapter and section numbers on it of similar provisions for each peer group. Each NM picks out one chit. Reads and understands their section (definition, provision, punishment). Then each one tells their peer group about what their section is. Eight crimes and four themes Theme Crime Chapter and Section 1 Kidnapping Chapter VI, Sec 137 Abduction Chapter VI, Sec 138 2 Theft Chapter XVII, Sec 303 Robbery Chapter XVII, Sec 309 3 Hurt Chapter VI, Sec 114 Grievous Hurt Chapter VI, Sec 116 4 Wrongful restraint Chapter VI, Sec 126 Wrongful confinement Chapter VI, Sec 127 Cognizable v Non-Cognizable Offences (5m) Cognizable : Cases that are recognizable Non Cognizable : Cases that are not recognizable Under criminal law not all offences are treated the same way. Slightly more serious offences are classified as cognisable offences, and others are classified as non-cognisable offences. This classification is determined by how offences are marked under the schedule of the Bharatiya Nagarik Suraksha Sanhita. This is the law that tells you what procedure is followed by police officers and in criminal courts. The first schedule of BNSS classifies offences into cognisable or non-cognisable. Facilitator to take the paralegals to the First Schedule of BNSS and show them where it is written whether an offence is cognizable or not. Why is this classification important? 1. The way in which a complaint is lodged is different for a cognisable and non-cognisable offence. For the former, an FIR is filed whereas for the latter a Non-Cognizable Report (or NCR) is lodged. 2. The level of power that a police officer has is different: Investigation Powers: For cognizable offences, a police officer can conduct a preliminary enquiry and if they find that at a first instance it seems like there is a case, can proceed with investigation. For non-cognizable cases the police officer has to send the information to a Magistrate (who is a judicial officer in a lower court) and can only investigate on the order of the Magistrate. Arrest Powers: Police officers have the power to arrest without a warrant only in case of the commission of cognizable offences (and if certain other conditions are met). Activity (15m) Give NMs Chapter numbers. Have them identify the section and if the following offences are cognizable or not: Spin the Wheel Name of the offence Sections in BNS Cognisable or Non cognisable Picture Defamation Sec 356(2) Non Cognisable Murder Sec 103(1) Cognisable Snatching Sec 304(2) Non Cognisable Assault Sec 131 Non Cognisable Kidnapping Sec 137(2) Cognisable Bigamy Sec 82(1) Non Cognisable Sexual assault Sec 74 Cognisable Theft Sec 303(2) Cognisable Stalking Sec 78(2) Cognisable Skit: Life Cycle of a Crime Show the Nyaaya Mitras the video of this crime happening and introduce the names of the characters (Mukesh is the person who starts the fight, Raveena is the woman, and Sudheesh is the person who gets beat up) : Discussion Questions / Talking Points: In the fight Sudheesh loses some teeth and hurts one of his ears very badly. Which Chapter of the BNS would this fall under? This offence would either be hurt or grievous hurt? Which one is it? Answer: S. 116, 117 BNS - Grievous Hurt. Can you find the punishment for this? Punishment is near the definition section in BNS. Ask the paralegals to identify whether it is a cognisable or non-cognisable offence?  Answer: S.117(2) is Cognizable. Explain to the NMs that there will now be a skit showing how a crime proceeds from complaint till trial stage, including showing how an NM can be involved in the process. Introduce the NMs to who will be playing each character. PPT with backdrops : Crime Scene Police Station Magistrate’s court Dates (to show timeline) Nyaaya Mitra Clinic Props Needed : Cap (to indicate police officer), Tag to put on sleeve with two Silver stars (2 - to indicate SI rank) Sheets of paper: Written complaint x 2 FIR Stapler ID Card (to indicate NM) Stamp (we have one in the OL office) Skit Act 1 : Filing an FIR Scene 1: Nyaaya Mitra Clinic Narrator : Not knowing what to do, Sudheesh goes to his friend who he knows is being trained as a paralegal at their Nyaaya Mitra Clinic Sudheesh : This guy just beat me up - I am hurt so badly! I lost two teeth (Shows the NM his teeth) - what do I do? NM : That’s terrible. I’m so sorry this happened - I hope you were able to go to the doctor? If there’s anything I can do to help - I am here for you. Sudheesh : Yes, I went to the hospital and got this bandage and some medicines for the pain. But what else can you do? I’m too scared of Mukesh and his gang. NM : Do you want to file a police complaint? Sudheesh : I’m scared - I don’t know what the police will say? NM : Don’t worry - I learnt about criminal law in my class and especially about what to do when filing a complaint, and will help you the best that I can. I can handhold you through the entire process of filing a complaint, meeting with the police and getting the justice you deserve! How about you tell me what happened, and I can help you write it down so that it’s easier for you to remember and tell the police. Narrator : The NM helps Sudheesh write down the complaint. The NM makes sure that what they are writing down is using the exact same words and language as Sudheesh. (NM and Sudheesh to act this out) NM : We’ll take a copy of this so that you also have a copy. If you have any medical documents from the injury bring those also. Can you tell me where the incident happened? Sudheesh : It happened in Jayanagar. NM : All right - then we will go to to the Jayanagar Police Station. Sudheesh : Why can’t we go to the Puttenahalli Police Station? Isn’t that walking distance from here? NM : We could, however, it is best to get a complaint registered at the jurisdictional police station - which is the police station in the area where the incident happened. If we file a complaint elsewhere they would have to transfer it which would take a lot of time. Scene 2: Police Station Narrator : Sudheesh and NM goes to the police station to file a complaint for what has happened. (NM and Sudheesh to act this out) SI Sunidhi : Hello. How may I help you? Sudheesh : Hello, my name is Sudheesh. I would like to register a complaint. NM : I am a paralegal - my name is Chandra. I am here to help Sudheesh. Can we please speak to the officer-in-charge? (Paralegal shows ID card to Police Officer) SI Sunidhi : I am sub-inspector Sunidhi (gestures to her sleeve which has two stars). I am the officer in charge of this station. Narrator : As per the law, a complaint must be registered by the officer in charge of a police station. There are different ranks of police officers and you can tell based on their sleeve. For example: Sub-Inspectors have two stars on their sleeve. SI Sunidhi : I can help you lodge the complaint. What happened? Who is the victim? Sudheesh : I am the victim, and I would like to lodge a complaint against a person named Mukesh. Here is the written complaint. SI Sunidhi : Thank you. I will log this in my Daily Diary. Do you have a copy of the written complaint? Sudheesh : Yes, here you go. (Hands him the copy of complaint) SI Sunidhi : (Stamps both copies of the complaint and explains) I am stamping your complaint with the Daily Diary Number - this is proof that we have received your complaint. Here is your copy (Hands Sudheesh his copy of the complaint) NM : Excuse me, ma’am, but the complaint is regarding an incident of grievous hurt against Sudheesh. I believe this would fall under S.116 read with S. 117 of the BNS, which is a cognizable offence. It should therefore have an FIR lodged. SI Sunidhi : You are correct. However, the BNSS (Bharatiya Nagarik Suraksha Sanhita) also allows me 14 days to conduct a preliminary inquiry before filing an FIR. NM : I have here the report from the hospital for the injuries received by my client. (Hands over the report) As per these reports it shows that my client received a hit on his teeth and his ear which knocked out his teeth and hurt his ear quite severely. Would this satisfy your preliminary inquiry? SI Sunidhi : This is helpful, thank you. I will get permission from my senior - Deputy Superintendent Sardar to proceed with the preliminary inquiry. Please come back in two weeks and we can file the FIR. Narrator : A preliminary inquiry is usually the first step in an investigation into a cognizable case. Usually the police officer will speak to some witnesses, look at any relevant documents, and also record all the steps that have been taken by them. This preliminary inquiry has to be done within 14 days. The Sub-Inspector needs to get permission from an officer who is at or above the rank of Deputy Superintendent of Police. Show slide which explains how a DSP’s sleeve looks. Narrator : In two weeks, NM and Sudheesh come back to the police station. SI Sunidhi : Hello - I have gotten permission from the DSP and did a preliminary inquiry. Let me put down the complaint in an FIR format as per BNSS (Bharatiya Nagarik Suraksha Sanhita) S.173. Writes out the complaint in an FIR format and staples the written complaint to it SI Sunidhi : Here you go - would you like to check it? Sudheesh and NM go over the FIR and written complaint together NM : Everything looks good - the FIR has the incident details (including date time and place), your name and address as the complainant, the correct sections of BNS, list of suspects and witnesses, FIR number, date of lodging FIR, name of police station & officer. SI : Okay great, you can leave now then - all the processes are done. NM : Excuse me sir, but under BNSS (Bharatiya Nagarik Suraksha Sanhita) S.173(2), you are legally bound to give Sudheesh a copy of the FIR SI Sunidhi : I’m really sorry. I shall do it right away. (SI makes four copies of the FIR. She hands over one copy to Sudheesh) NM : Also sir, can we please have your contact details so we can reach out to you for updates? SI : Sure here you go (hands a card with contact details) Notes from Police officer: MLC   - Medico-Legal certificate - NM to inform clients to ask the doctor for MLC - it can happen in any hospital - government or private Motive in crimes In city - the permission will be taken from ACP - Assistant Commissioner of Police If you miss something, you can share it with the police officer later - Maruviki Filing a complaint: FIR & NCR Talking Points: [ Discussion Prompt: Does anyone know what the two types are?] There are two types of complaint that can be filed. In case of cognizable offences - an  FIR will be filed - this is covered under S.173 of BNSS In case of non-cognizable offences - a Non-Cognizable Report will be filed -  S. 174 of BNSS 1. Non-Cognizable Report(NCR):   As per S.174, complaints regarding non-cognizable cases need to be filed in a police station within the same jurisdiction where the crime happened The police officer will enter this information into a book where all NCR cases are filed The police officer will then either refer the informant to a Magistrate or send the daily report of all NCRs to Magistrate every two weeks 2. What is an FIR? F.I.R (First Information Report) is the initial step in a criminal case of cognizable offences recorded by the police. It consists of the most basic information regarding the crime committed and is covered under S.173 of BNSS . (Have the NMs read this section) 3. Why is it important? Official record of cognizable crime having occurred. Used during the trial as evidence in court to either support or question what the person who reported the incident is saying. The court compares the details mentioned in the FIR with the testimonies of witnesses and other evidence to ensure consistency and accuracy. The details provided should be accurate. 4. Who all can file an FIR?   A victim of a crime. A relative or friend or acquaintance of the victim. You have knowledge about a crime that has taken place or is about to take place. An officer in-charge of a police station may also register an FIR if a cognizable offence is committed in his presence. It is not necessary that you must have all information about the crime in order to file an FIR. But it is important that you report everything you know to the police. 5. How to file an FIR?  As shown in the skit:  Visit a police station: i . For cognizable offences this can be any police station ii. For non-cognizable offences visit the station closest to where the incident occurred. iii. A complaint can also be registered electronically - that is by calling, emailing or messaging the police station. However, in such a scenario, you would have to visit the police station within three days to sign the complaint. Approach the police officer on duty. (Show NMs the police officer ranking chart here?) Provide details: This can be done orally, in a written complaint, or electronically (for example, a complaint may be filed on the basis of a video where a crime is being committed). Details should include: i. Date, time and location of incident ii . Description of what happened - explain the sequence of events in as much detail as possible iii. Personal information: Your name, address, contact number, ID iv. Information of people present around: Including the person(s) who committed the crime and any witnesses ( Note : Show the NMs a written complaint format:  Criminal Complaint Format Template) Format of an FIR: FIR Format Template Collect a copy of the FIR. Make sure to note down the FIR Number, date of FIR, the police station and name of police officer. You can use this to check the status of your FIR online! Note that under the BNSS the police has 14 days within which to file an FIR. In this 14 days, with the permission of a senior officer (DSP rank or above), the police can do a preliminary inquiry. Demo: Checking FIR Online Google FIR online Karnataka:  Click Here Complainant Day : 4th Sunday of Every Month anyone can approach the police station and ask for information Jana Samparka : Check this once Refusal to file FIR No denial of FIR : The police station should not deny anyone the right to file an FIR. If they do, you can politely remind them of your right to do so (Call back to the skit and how the NM in the skit ensured FIR filing). However, if you are still not able to get an FIR filed you have the following options: Approach a senior police officer, and try to get the complaint registered. You could also write down your complaint and send it to the Superintendent of Police via RPAD (Registered Post with Acknowledgement Due - it is a way of sending letters which is very secure and gives you proof of delivery. You can do this through any post office.) You can then either meet with the police officer to ensure it has been registered as an FIR. File the FIR in another police station: In cases of cognizable offences the FIR can be filed in any police station. Try visiting another police station. File a complaint with the Magistrate directly under S. 223 of BNSS . You would require a lawyer’s help to do this. Skit Act 2 : Investigation Scene 1: Nyaaya Mitra Clinic Narrator : After filing the police complaint, Sudheesh still has more questions about what will happen, so he meets the NM to discuss this. Sudheesh : Okay so now we have filed the FIR, what happens next? NM : The police officer will need to conduct a proper investigation. Sudheesh : Can the police officer decide to not investigate a matter? NM : They can, but only with good reason. Section 176(2) of the BNSS says that if the police officer feels that a case is not serious and wants to send a junior to do the investigation in person, or there is not enough reason to do an investigation the police officer needs to record these reasons in the daily diary and send that to the Magistrate. The police officer also needs to inform the person who filed the complaint that they are not going ahead with the investigation. Sudheesh : Oh that’s great! That way the police can’t do whatever they want and there is some accountability to me and to the Magistrate. How long do you think the investigation will take? NM : The police need to do the investigation as soon as possible. As per S.193 BNSS (Bharatiya Nagarik Surakhsa Sanhita) the time limit for the investigation is usually 90 days. Scene 2: Crime Scene Narrator : In another part of town, at the crime scene, SI Sunidhi sets out to investigate the case. She heads to the crime scene to speak to some shopkeepers who were witnesses to the scene. SI Sunidhi : Hi, I am Sub-Inspector Sunidhi. We received information that a fight broke out here last week. Did you see what happened? Shopkeeper : Yeah. I was here - these two men started fighting over some girl. They were so rowdy. SI Sunidhi : Can you please tell me what happened in detail? Start from the beginning and tell me everything. Would you be fine with me recording your statement on my phone? Shopkeeper : Sure! Narrator : SI Sunidhi collects all the details from the shopkeeper and other eye witnesses. SI Sunidhi : Thank you so much for sharing all these details! I see there is a CCTV camera outside your shop. Can I see the footage from that as well? Shopkeeper : Sure! Narrator : As part of the investigation police does three things: Take statements from witnesses ( S.180 BNSS ): For example, the police officer recorded a statement from the shopkeeper. Collecting evidence: This could include CCTV footage, blood/DNA samples, photos of the crime scene, weapons, soil/wall scrapings, car paint, clothes, etc. This could also include electronic evidence like documents, whatsapp chats, emails, etc. Recording statements from accused: There are special safeguards and protections under law for this which we will discuss in the next session. Quick Revision QnA : If in this case, if the offence was non-cognizable, what would be different? In filing complaint : Non-cognizable offence would be recorded as an NCR in the diary of the police station. In investigation : Investigation cannot happen till Magistrate gives permission. No arrest without warrant. Skit Act 3 : Taking Cognizance - Magistrate’s Court Talking Points: After all the three stages of evidence are complete, the police must file their report under Section 193 of BNSS before the magistrate. There are two kinds of reports that can be filed: B-Report or Closure Report: If the police authorities, after a proper investigation find that there is no proper case against the accused, they will file a closure report. This report will say that there is no evidence against the accused Chargesheet: If the police find enough evidence against the accused they will file a chargesheet with the details of investigation and evidence. Skit Act 4 : Trial In a trial, both sides present their arguments, show their evidence, and examine and cross-examine witnesses Based on everything that the judge hears they come to a decision This decision with reasons is put in writing as a judgement. The judgement will also mention the exact punishment and reasons for the same. Court Scene, Cross-Examination: Role of a NM As a Nyaaya Mitra, the following are the ways that you can help with a criminal trial: Identifying whether something that happened is a crime Telling people what their options are - like you saw in the skit, you can help inform people about what the process is when a criminal offence happens, how to file a complaint, etc, and reassure them about the criminal process Hand holding a client through speaking to the police and filing a complaint: Making sure that the police files the right kind of complaint - FIR or NCR Making sure that all details are captured in the complaint in the words of the complainant Making sure that the complainant gets a stamped copy of complaint and copy of FIR Keeping the client informed on what the steps are in a criminal process. Helping the client speak to a lawyer if needed, and being a middle man between them Talk by Police Officer - ASI Ramamurthy Their duty and powers as a police officers What services or help is provided at a police station (including on Women’s Desk) What happens when someone comes to them with a complaint: What kinds of complaints do they deal with How do they file a complaint - how do they deal with cognizable v non-cognizable cases What support do they provide to the complainant Tips for Nyaaya Mitras on how to engage and communicate with police, and ensure that complaints are filed. Space for questions - people are scared, so a space for them to freely ask questions Additional stuff : Refusal of FIR Tips for visiting police officer To check - Is it 3 days for preliminary inquiry or 14 days (Need to cross check) Helpful Sources: New Criminal Law Framework (BNSS/BNS/BSA) – Part I New Criminal Law Framework (BNSS/BNS/BSA) – Part II Homework Session 5: Criminal Law - Homework Tasks i.  Conduct an awareness session on how to file a criminal complaint. Make sure to share what to do if the police refuse to file a criminal complaint. Once you have filed the complaint,send a  video on this Telegram Group: Join via Telegram invite ii.  Quiz on Reading the BNS:  Session 5: Criminal Law - Homework 2 iii. Visit the closest police station in your area. Introduce yourself as a Nyaaya Mitra and speak about the work that you do. Make sure to take a picture and upload it on this form:  Open the Registration Form Admin Aspects to Discuss: Role of Common Application Portal(CAP) Role of NM Mentors You can reach out to them for doubts on legal issues/cases - think of them as a helpful senior They will be conducting one field visit per month to your communities to see the Nyaaya Mitra work you do Case Updates If you receive a case, take down details and share it with an OL Team Member - either Lakshmi. You need to share with us all important details. Do not share case details with student buddies - as they are still students they may not know all the answers and are not in a position to give advice Once you share details with us we will suggest the actions that need to be taken If the case is complex we will create a WhatsApp group with us, you and in some cases the client - share all updates there. Otherwise updates can be shared: To the team member you are in contact with On the group - but make sure to remove all private information (like name, address, phone number, etc) Every Monday, please update us by sharing what is going on in your case - we have been sending reminder messages Within 7 day              Chapter and Section Chapter VI, Sec 137 Chapter VI, Sec 138 Chapter XVII, Sec 303 Stars Chapter XVII, Sec 309 Colours Chapter VI, Sec 114 Mallige Chapter VI, Sec 116 Chapter VI, Sec 126 Suryakanti Chapter VI, Sec 127 Jagriti Part 2: Criminal Law Note: The plan for this module is to divide it into two broad parts - the first part broadly pertains more to the victim’s side of things, and the second part more to the accused side of things. Logistics Human Spectrum - 3 sheets - Yes/No/Maybe ID Card and T-Shirts -  ID CARD / T-SHIRT Sweets / Plant for Guest Speaker Objective: Paralegals must have a basic understanding of how the criminal justice system functions in India, and an understanding of the rights of various parties involved in the system. That paralegals be able to assist individuals in filing a criminal complaint either by way of an FIR or a private complaint with a magistrate. Part 2 Energizer(15m): Dog and the bone Team version of Chinese whisper w dance (can be in peer groups) Attract and repel Powers of Police Human Spectrum: (5-10m) Have a list of statements and as we discuss powers of police have NMs mark out whether that’s a police power Use handcuffs to arrest an accused who is not resisting them - Cannot - The police can only use handcuffs when the accused is resisting them, and cannot use unnecessary restraint - Sec 46 of BNSS Impose a fine on someone who is driving on the wrong side of the road and thus causing a panic - Can (KPA Sec 92(b)) Search a person’s house because they saw a thief who they were chasing running into it to hide there - Can ( Sec 44 of BNSS ) Demand that you pay them Rs.500 so that they don’t take you into custody - Cannot - Police can take you into custody only if they follow the necessary process for the type of offence you have been accused of. (Chapter V, BNSS - including Sec 35 (arrest w/o warrant), 36 (duties of police officer while making the arrest), 38 (right to legal representation), 43 (procedure of arrest), 46(unnecessary restraint), 48 (information of arrest to be given to relative, friend, etc)) Use a gun to inflict a fatal wound against an accused who is running away from them - Cannot - They can only use the gun below the knee if the accused is trying to run away, or can use it when the accused is threatening to use force against them, and can do so. (Sec 43(4) of BNSS) Recap Quiz (15m) Teams Sinchana - Stars and Colours and Jagruti Svastika - Lotus+Gulabi and Masayoshi Brahmi - Mallige and Suryakanti Instructions Time Limit for each question Write answer options on the paper with you and show it to the assigned intern Questions:  Identify the crime/s amongst the following   (10*2 = 20 points) A government office not providing you the welfare scheme entitlements that you have applied for Your neighbour is dumping the garbage from their home into your property - this is troubling only you, and not the others in the locality. On filing a complaint on a person, that person comes to your house, threatening to hurt you, unless you rescind the complaint. Someone who had taken a loan from you 2 years ago, and had agreed to pay it back in a year, has still not done so. A construction project in your neighbourhood has completely blocked the road many people take to go to their jobs, and has forced them to opt for a much longer and convoluted route, along with causing high levels of noise. Answer + Notes C and E / 3 and 5 These are crimes listed in the Bharatiya Nyaaya Sanhita. These are actions for which you can file a criminal complaint Sort the following - 5 points for every correct answer Arrest may be done without warrant, Stalking, An NCR is filed Information is sent fortnightly to the Magistrate Bigamy An FIR is filed Hurt Kidnapping Information is sent as soon as possible to the Magistrate Arrest will happen only with a warrant Theft Cognizable Non-Cognizable Arrest may be done without warrant Stalking FIR is filed Kidnapping Information is sent as soon as possible to the Magistrate Theft An NCR is filed Information is sent fortnightly to the magistrate Bigamy Hurt Arrest will happen only with a warrant Which is the section and Act that talks about filing a criminal complaint for cognizable offences? S.173 BNSS (10 + 10 points) Explain one step you can take if a police officer refuses to file an FIR. - senior police officer, letter to Superintendent, file in another station (cognizable), private complaint with magistrate (10 points) A group of men in your locality get drunk together each evening, and are causing a lot of lm mmpnuisance. They shout loudly at people on the street, and throw objects around, causing damage to property. They have been told off multiple times, but refuse to change their behaviour. What must you do in this situation? (30 points for best answer, 20 points for second best answer) Police and the Law - Discussion Prompts: Have you witnessed or heard of instances where the police have abused their powers? Reading a newspaper report on police abuse of power: Custodial violence forces medical amputation—Bengaluru case Discussion Questions: 1. Point out what the police are doing wrong in this comic. 2. What is the police required to do in these scenarios? Powers of Police Talking Points (5m) The powers that police have is given to them by law and is limited by law. As Nyaaya Mitras, by knowing what the law says, you can keep the police accountable and in check. Discussion Prompt: Have any of you witnessed an instance where the police have misused their powers? In India, the law on police is decided by the state - so each state has its own police laws. Most police laws are modelled after the Indian Police Act 1861 This is a law that was enacted by the British after the first war of Independence. Discussion Prompt: What do you think about the fact that our law on police is based on a law that was enacted by the British to have greater control over Indians and stop dissent? In Karnataka we have the Karnataka Police Act 1963 which lays down the duties of the police. Further, the BNSS also gives certain duties and powers to police officers. Powers and Duties (10m)  Discussion Prompt: What all powers do you think police have? Duties of Police Officers towards the Public (KPA Section 68): i. Provide assistance to disabled or helpless persons ii. Take measures to ensure the well-being of persons under arrest or custody and avert accidents or dangers to the public. iii. Conduct searches with decency and without rudeness, especially women and children Keep order in public roads (IPA S.23); regulate traffic and maintain order (KPA Section 69) Prevent commission of offences and public nuisances, and take steps towards bringing offenders to justice (IPA S.23; BNSS S.168 ; KPA S.65) To prevent any injury to public property [ BNSS S.171 ] - They can intervene to stop damage or removal of public landmarks or navigation marks. To investigate offences  (need not go into too much detail):   i. In case of cognisable offences, a police officer can investigate without the order of a Magistrate if it is within their jurisdiction. The Magistrate may also order the same investigation, in the case of a private complaint filed with them, and this complaint will need to be backed by an affidavit   [ S.175 ] ii. In case of non-cognizable offences, police officers can only investigate upon order of Magistrate [ S.174 ] iii. When investigating, police officers can call on witnesses to attend investigations [ S.179 ] and can orally examine people who know about a case - like witnesses [ S.161 ]. The police officer has to reduce this to writing or record the statement electronically. Police have the power to arrest someone even before they have committed a crime if they know someone is planning a cognizable offence [ BNSS S.170 ] - this is preventive detention, and can be only for max 24 hours, except if legally extended. Police Officers can enter and inspect places of public resort for specific purposes without a warrant (KPA Section 66). Police Officers may restrain or remove individuals who resist or refuse to comply with police directions, taking them before a Judicial Magistrate if necessary. Police have the power to ensure that regulations and directions are obeyed, warn those who fail to comply, and arrest those who willfully disobey (KPA S. 72 & 73). Obey and execute orders and warrants issued to them - often courts or tribunals may issue warrants which are directions/orders on things to do like arrest people, maintain public order, etc (IPA S.23, KPA S 65) Rights of Individuals Against Police (10m): 1. Protection against self-incrimination (Nimma virudhha saakshi) (Article 20(3)): This article protects you from being compelled to be a witness against yourself. You have the right to remain silent during police questioning and cannot be forced to incriminate yourself. 2. Protection against unlawful arrest and detention (Article 22): Article 22 provides safeguards against unlawful arrest and detention. You have the right to be informed of the grounds of your arrest, to consult a legal practitioner of your choice, and to be produced before a magistrate within 24 hours ( refer to DK Basu). Generally, when a person is taken in by the police for questioning about a crime that has been committed it is called detention and they will be taken into police custody. Police custody can be for 24 hours maximum [S.58, BNSS] after which they need to be taken to the judicial magistrate. [ S.187, BNSS ] With reasons and permission from the magistrate, custody can be extended to fifteen days during the initial: 60 days - for offences punishable with death or 10+ years of imprisonment, where detention can further be extended to a maximum of ninety days 40 days - for all other offences, where detention can further be extended to a maximum of sixty days In order to get permission to extend police custody the accused has to be brought in person before the Magistrate each time an extension is sought - Why do you think this is? This is to ensure that the accused is not tortured while in custody After the time limit for police custody is crossed, the person must be taken to judicial custody (that means a jail, which is under the control of the judiciary and not the police - this is done to ensure that police do not torture accused). The person must also be given the option to ask for and furnish bail. Once a person is accused of a crime and then restrained it is called an arrest. There are several conditions for how a person should be arrested. Preventive detention (Prathibandaka Stanabaddatte) is when a person is detained to prevent them from committing any crime. There are only a very few circumstances in which someone can be preventively detained - for state security, public order, foreign affairs and services essential to the community. The Constitution also provides for certain safeguards against preventive detention - maximum period of 3 months for initial detention, detainee is entitled to know grounds of detention, and being provided the earliest opportunity to make a representation against detention. Arrest (45m-1h) Video Clip : Court ( Link isn't available ) (YouTube)  9:12 to 11:50   - shows a lawyer questioning the police about whether their client was informed about why they were arrested, asking for a warrant, etc. Discussion Prompts: What was the manner in which arrest was done in this clip? Do you think it was correct? If you or someone you know were to be arrested how do you think it should happen? Sample : Arrest Warrant and Arrest Memo Talking Points: An arrest can happen either with a warrant or without a warrant - generally, arrest must happen with a warrant. Arrest without a warrant can happen if the conditions provided in Section 35, Chapter V of BNSS are met: A person commits a cognisable offence in front of a police officer, If there is good reason for the police officer to believe that they have committed a cognisable offence with punishment for more than seven years If there is good reason for the police officer to believe that they have committed a cognizable offence with punishment for less than seven years and arrest is necessary to prevent the person from further committing an offence, tampering with investigation or appearance in court If stolen (or suspected to be stolen) property is found on the person If they are a proclaimed offender, person who obstructs police officer in execution of duty or tries to escape lawful custody, Armed Forces deserter, released convict who breaches rules, etc In other cases, a police officer must obtain an arrest warrant from a Magistrate before making an arrest [ S.74 of BNSS ] An arrest warrant is a written order issued by a judge or magistrate, supported by a sworn affidavit, authorising the arrest and custody of a person accused of committing a specific offence. It must be in writing, signed by Judge/Magistrate, and bearing the seal of the Court. The warrant must include the following details: Essential information such as the identification of the person to be arrested ( s. 77 of   BNSS ) The offence or purpose for which the warrant is issued   ( s.77 of BNSS ) The warrant should state the individual’s right to be informed about the grounds of their arrest ( Section 47 of BNSS ) Arrest by private person ( Section 40 of BNSS ): A private person can also arrest someone who is committing a non-bailable offence or has committed such an offence in the person's presence. The arrested person must be handed over to a police officer as soon as possible. Every police station has an officer who is in charge of maintaining records of arrest and this information is supposed to be prominently displayed in every police station. [ S.37 ] What can a police officer do at the time of arrest? 1. There is a certain basic procedure to be followed by police officers when making an arrest: [ S.36 BNSS ] They must have identification with the police officer’s name clearly visible They must have a memorandum of arres t - this must be attested by one witness (family member or respectable local) and countersigned by arrested person Inform the arrested that they have a right to have a relative/friend informed of their arrest 2. An arrest is made by a police officer touching or confining the body of the accused. However, if the person being arrested submits to custody by word or action it is not necessary to touch/confine them [ S. 43 of BNSS ] Handcuffs may be used depending on the seriousness of the offence - for repeat offenders, and certain more serious crimes like terrorism, drugs, arms & ammo, murder, rape, acid attack, etc [full list in S.43(3) ] Police officers may use force if the person is resisting arrest Only women police officers can touch women accused in order to arrest them, and women can only be arrested after sunrise and before sunset (the exception to this is if the woman police officer writes a report and obtains prior permission from the Judicial Magistrate) Police officers do not have the right to cause death while arresting someone accused of any offence not punishable with death or life imprisonment 3. Police officers can enter and search any place where they have reason to believe that a person being arrested with a warrant has entered, is residing in, or is in charge of. They can also enter such a place forcefully if not allowed inside voluntarily. 4. Search of arrested person and placing of their items in safe custody in case of non-bailable offence, or bailable offence where arrested can’t furnish bail [ S. 49 of BNSS ] 5. The police officer can order a medical examination of accused by a registered medical practitioner in cases where such examination would give some evidence for the case [ S.51 of BNSS ]. In all cases, an arrested must be examined by a medical officer [ S.53 of BNSS ]. If it is a female accused than a female medical practitioner must examine. Rights and protections for persons being arrested Activity: Youtube   Movie clip (0:30 onwards) Questions that can be asked after looking at the clip How is this related to what we have learnt? Were you able to identify any concepts that we have just discussed? Talking Points: Right to be Informed S.47 BNSS : Arrested must be informed of the full details of offence and regarding bail If a police officer approaches you with the intention of arresting you with a warrant, they must inform you of the offence for which the arrest is being made. ( S.77, BNSS ) If the accused is arrested without warrant, the police officer must tell them the details of the grounds of your arrest. Further, if the accused is arrested for a bailable offence, the police officer must inform them of their entitlement to be released on bail. ( Section 47 of BNSS ) Article 22(2) of the Indian constitution also states that the arrested person must be informed of the grounds of his arrest. It also gives the right to the arrested person to inform his family members, any relative, or his friend about his arrest. The police officer must give information regarding a person’s arrest to their friends/family [ S.48, BNSS ] In Joginder Kumar vs State of U.P. 1994 SCC (4) 260, the Supreme Court held that a person arrested has the right to inform any of his friend or relative or family member of his choice, about his detainment. The police officer shall also inform the arrested person about his rights when he is being brought to the police station. Right against Arbitrary Arrest ( Section 35(1) and (2) of BNSS ): A police officer can arrest you without a warrant only if they have reasonable grounds to believe that you have committed a cognizable offence. Arbitrary arrests are prohibited. In the case of Arnesh Kumar the Supreme Court held that arrests should be an exception, especially in cases of offences where the punishment is less than seven years No unnecessary restraint [ S.46 ] Right to Legal Representation: A person detained has the right to be represented by a legal counsel during any stage of the proceedings [ S.340, BNSS ]. Section 38 of CrPC gives the right to the accused to consult an advocate of his own choice and he is also entitled to meet an advocate of his own choice during interrogation, though not throughout   the interrogation. Article 22(2) also guarantees the right of the arrested person to consult a lawyer of his own choice. Article 39A of the Indian constitution provides that it is the duty of the state to provide justice on easily accessible terms so that every citizen can easily approach the courts to enforce their rights. In the case of Hussainara Khatoon vs State of Bihar (1979) , a PIL was filed   in the name of Hussainara Khatoon, a prisoner in a jail in the Supreme Court. The Court held that if an accused is not able to afford the legal services he has the right to free legal aid at the cost of the state. In order to get a pro bono lawyer - visit the nearest District Legal Services Authority and ask for a pro bono lawyer to be assigned to you. Demo : Applying for Pro Bono Legal Aid Google KSLSA Panel Advocates List of pro bono lawyers in Bangalore NALSA Online Application for Legal Aid Show them the physical legal aid application form (English) :  See Form I   of the NALSA Free and Competent Legal Services Rules (Link isn't available) Right to be released on Bail 1. Section 47(2) of the BNSS states that if the accused has committed a bailable offence then the police officer is entitled to inform the arrested person about his right to be released on bail. 2. Article 21 of the Constitution ensures the right to liberty of every person until and unless he is proven guilty. Moreover, it is their right to know that even in a non-bailable offence he may be granted bail, if a bail is granted by the court after taking into consideration the nature or heinousness of the offence. 3. Section  187(3) of BNSS also provides the right to the accused to be released on bail if investigation relating to his offence has not been completed within sixty days or ninety days from the date of his detention . Also known as default bail. 4. In Uday Mohanlal Acharya Vs State of Maharashtra 2001(5) SCC 453, the court granted default bail to the accused as the police officers failed to acquire evidence against him within the time limit of investigation as mentioned in the Code of Criminal Procedure, Section 167. 5. Right to be taken before Magistrate without Delay:  According to Section 57 of BNSS , the police officer who is making such an arrest whether with or without warrant is bound to produce the accused within 24 hours of his detention before magistrate excluding the time taken for travelling from the place of arrest to the Magistrates court. 6. Right to Remain Silent  ( Section 180(2), BNSS ): A detained person has the right to remain silent during police interrogation 7. Right against self-incrimination ( Section 180(2), BNSS ): A detained person cannot be compelled to make any self-incriminatory statements. 8. Right to Health and Safety  ( Section 53 of BNSS ) : A person taken into custody must be examined by a medical officer (more than once, if felt necessary), and a copy of the medical report must be given to the arrested person and sent to the Magistrate. This medical report must specifically note any injury or marks of violence upon the accused - Why do you think this is? To check for police violence Reasonable care of their health and safety must be taken [ S.56 of BNSS ] Raghbir Singh v. State of Haryana (1980): Torture in police custody is an erroneous act that is violative of human rights guaranteed under Article 21 of the Indian Constitution. 9. Compensation for wrongful arrest ( Section 399 of BNSS ): If a person is wrongfully arrested, they may be entitled to compensation under certain circumstances. The Magistrate decides whether and how much compensation to award. In the case of  D.K. Basu vs. State of West Bengal , the Supreme Court in this case gave several guidelines to be followed by the police while arresting a person ( deals with treatment of people in police custody): An entry is to be made in the diary of the concerned police station, which includes the date and time of arrest, the person informed of his arrest, and a list of police officers who had custody of the arrestee. All the injuries on the arrestee are to be recorded at the time of arrest and shall be signed by the arrestee and the police officer. A medical examination of the arrestee is to be done every 48 hours by a doctor during the detention. All the copies of documents are to be sent to the Magistrate. Additional Info: Paramvir Singh Saini v. Baljit Singh & Ors (2020 ) The Apex Court in this case gave orders consisting of several rules and guidelines: Every police station has surveillance cameras with night vision and audio recording capability. The locations of CC cameras must include all entries, exits, passageways, lock-ups, and all other areas so that no area is left exposed. The footage is to be kept available for 18 months The locality should be informed of the presence of CCTV in the station, and the police should make sure that there are posters mentioning that they are under CCTV camera surveillance when they are in the police station. Arnesh Kumar v. State of Bihar: Restrictions on Arrests: Police can't make arrests solely based on complaints. Non-bailable, cognizable offences shouldn't trigger automatic arrests. Pre-Arrest investigations: Police must investigate before arresting to assess the complaint's genuineness. Presentation to Magistrate: Proper facts and reasons presented to a Magistrate within 24 hours of arrest. Reporting Non-Arrest Decision: Decision not to arrest an accused must be reported to the Magistrate within two weeks. Consequences for Violation: Failure to follow guidelines can result in departmental action by the High Court. Applicability of the Judgment: Not limited to Section 498-A; applies to offences punishable with imprisonment up to seven years, with or without a fine. Resources NALSA Quick-Start Guide (Version 0.1) Karnataka State Legal Services Authority – Acts & Rules Police Misconduct (5-10m) : 1. In case a citizen faces police misconduct, S.29 of the Indian Police Act provides for punishments for police officers’ omission of duty. This complaint can be made to the Police Complaints Authority or the Karnataka Lokayukta 2. Right to lodge a complaint (Section 173 and 36 of BNSS): If you believe your rights have been violated, you have the right to file a complaint against the police officer responsible. Section 173 allows you to file an FIR (First Information Report) if you have information about a cognizable offence. Section 198 BNS - Public servant disobeying law, with intent to cause injury to any person. Also includes omission, for ex: failing to act on a call made in distress. (upto 1 year and/or fine) 3. Compensation: If you have suffered physical or mental harm due to police misconduct, you can seek compensation through legal proceedings. Section 399 of the Bharatiya Nagrik Suraksha Sanhita provides for compensation for persons wrongfully confined. 4. Filing a private complaint: You can file a private complaint before a Magistrate under Section 210 of the BNSS. This can be done if the police refuse to register an FIR (First Information Report) regarding your complaint of police misconduct. Guest Speaker : Ameya Bokil and Sushravya Activity (15-20): Identify the lawful and unlawful acts of the police - Nyaaya Mitras to sit in their peer groups. They will be first given a brief about the scenario by the OL team. Once briefed, the scenario will be shared on their WhatsApp group in both Kannada and English for their reference. Peer groups must make 2 columns and list out all the lawful and unlawful acts by the police. Scenario: Veeresh, a 28-year-old man in Bengaluru recently got into a fist fight with his neighbour Rama over a petty dispute. Rama had severe bruising on his face and chest and decided to file a complaint. The police, after completing the necessary process, obtained an arrest warrant from the magistrate and approached Veeresh’s house. Veeresh’s wife and child had gone to their native place, and he was alone at home. On seeing the police outside his house, Veeresh panicked, locked the doors and did not allow them in. At this, the police forcefully entered the house by breaking the lock. They showed Veeresh just the warrant, and took him into custody (insert a warrant with all details not properly mentioned). Since Veeresh was alone at his home, his wife did not know that he was being arrested. The arrest was done at 4 PM on Friday, 8th November. On being taken into police custody, a doctor was called in, and a thorough medical examination was conducted for him. The police also asked him if he had a lawyer, and on finding out that he could not afford legal representation, informed him that he could avail of free legal aid. The next morning, when the police were investigating, they asked a few questions to Veeresh, and they asked him if he hit Rama in the face and chest. They left the police station at 3 PM on Monday, 11th November to take Veeresh to the magistrate, but encountered heavy traffic on the way. This meant that they were only able to produce Veeresh in front of the magistrate at 5 PM. Answer Key - Lawful Acts Warrant is produced for arrest for a non-cognizable offence They have forcefully entered the accused’s residence when not allowed in Medical examination has been done Have informed about and allowed access to free legal aid Have taken to the magistrate within time - weekend and travel delay are excused under law. Note to paralegals: Often this Friday evening arrest is done by the police to torture and question the accused. Tell them in such situations to get a medical check up done before and after the weekend and to note and report to Magistrate any injuries potentially inflicted by police. Unlawful Acts  Warrant does not properly state the purpose for which it is issued Arrest memo was not produced Veeresh was not informed about the reason for his arrest or his right to inform a family member / friend Family members, friends, or any others interested in Veeresh’s welfare have not been informed They have asked questions that are self-incriminatory in nature. Case Study : Priya Play from 2:30( Link isn't available ) Stipend Discussion Buddy Visit Discussion Case Discussion: Do not discuss cases with students - they are still learning and cannot give you advice on cases. Their role is broadly two things: Help you with learning and reading the law - for example, if you have doubts on how to check if an offence is cognisable or not, they can help you with reading the BNS and BNSS Learning about your community and independently working on one legal issue in your community - this is separate but supporting the work that you do Weekly updates on Monday - Why aren’t you sending updates? Have 1-2 people come and discuss the work they have done on cases Victim’s Compensation Who is a victim? According to the victim compensation scheme 2011, a victim means a person who himself has suffered loss or injury as a result of crime and require habilitation and includes his dependents who had suffered loss or injury as a result of required rehabilitation. CrPC Section 357-A or 357-A(1) asks State governments to create a scheme for compensating victims and their dependents. Under this, the Karnataka government created the Karnataka Victim Compensation Scheme, 2011. For a final compensation after trial, the court can make a recommendation to provide compensation to the victim, even if the case ends in acquittal or discharge. On receiving a recommendation from the Court, the DLSA will decide the amount to be awarded after an enquiry, and this should be done within 2 months. The DLSA may also order first aid and medical benefits to be given free of cost to the victim, if needed. ELIGIBILITY - Sec 6 of KVCS Victims can apply for compensation even if the offender is not identified or traced, as long as the victim is identifiable, and no trial occurs. under sub-section (4) of section 357-A of the Act The crime must be reported within 48 hours The victim/claimant should cooperate with the police and prosecution during the investigation and trial of the case PROCEDURE - Sec 7 of KVCS 1. How Compensation Can Be Requested A recommendation can be made by the court to award compensation, or an application may be made to the DLSA by the victim or their dependent (this would be before the judgement, for interim relief). The DLSA will enquire into the claim, and look into the genuineness and extent of injury or loss Once verified, the DLSA must award compensation within two months The amount will also be decided by the DLSA based on multiple factors, and will not exceed the amounts mentioned in schedule 1 of the scheme (for both interim and final compensation) Appeals can be made to SLSA (Sec 10) within 90 days of denial of compensation. Application and Challenges Though the scheme provides interim compensation in various cases, it is not being applied in reality. Final compensation will be provided as under Sec 7(1) of the Scheme. If the trial court has recommended compensation in its judgement, a victim will be able to approach the DLSA to ensure that the compensation is paid. For interim relief, the Bangalore Urban DLSA has confirmed that this will be provided only for POCSO cases, where the application goes to the special court anyways, and not directly to the DLSA. But, it is possible to change this situation, though slowly. This would be through continually making applications, appealing to the SLSA when it is rejected, writing strong letters and pre-empting reasons they would reject the application and countering it. This will not be immediately successful, but will start to be, once the pressure is put consistently on them. The law and scheme, as you saw, are clear on the matter. Bharatiya Nagarik Suraksha Sanhita, 2023 You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Source: Ministry of Home Affairs - Bharatiya Nagarik Suraksha Sanhita, 2023 Thank you Outlawed India for sharing warmly and freely. Table of Contents Chapter I: Preliminary Sections 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. 5. Saving. Chapter II: Constitution Of Criminal Courts And Offices  6. Classes of Criminal Courts. 7. Territorial divisions. 8. Court of Session. 9. Courts of Judicial Magistrates. 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 11. Special Judicial Magistrates. 12. Local Jurisdiction of Judicial Magistrates. 13. Subordination of Judicial Magistrates. 14. Executive Magistrates. 15. Special Executive Magistrates. 16. Local Jurisdiction of Executive. 17. Subordination of Executive Magistrates. 18. Public Prosecutors. 19. Assistant Public Prosecutors. 20. Directorate of Prosecution. Chapter III: Power Of Courts  21. Courts by which offences are triable. 22. Sentences which High Courts and Sessions Judges may pass. 23. Sentences which Magistrates may pass. 24. Sentence of imprisonment in default of fine. 25. Sentence in cases of conviction of several offences at one trial. 26. Mode of conferring powers. 27. Powers of officers appointed. 28. Withdrawal of powers. 29. Powers of Judges and Magistrates exercisable by their successors-in-office. Chapter IV: Powers Of Superior Officers Of Police And Aid To The Magistrates And The Police 30. Powers of superior officers of police. 31. Public when to assist Magistrates and police. 32. Aid to person, other than police officer, executing warrant. 33. Public to give information of certain offences. 34. Duty of officers employed in connection with affairs of a village to make certain report. Chapter V: Arrest Of Persons  35. When police may arrest without warrant. 36. Procedure of arrest and duties of officer making arrest. 37. Designated police officer. 38. Right of arrested person to meet an advocate of his choice during interrogation. 39. Arrest on refusal to give name and residence. 40. Arrest by private person and procedure on such arrest. 41. Arrest by Magistrate. 42. Protection of members of Armed Forces from arrest. 43. Arrest how made. 44. Search of place entered by person sought to be arrested. 45. Pursuit of offenders into other jurisdictions. 46. No unnecessary restraint. 47. Person arrested to be informed of grounds of arrest and of right to bail. 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend. 49. Search of arrested person. 50. Power to seize offensive weapons. 51. Examination of accused by medical practitioner at request of police officer. 52. Examination of person accused of rape by medical practitioner. 53. Examination of arrested person by medical officer. 54. Identification of person arrested. 55. Procedure when police officer deputes subordinate to arrest without warrant. 56. Health and safety of arrested person. 57. Person arrested to be taken before Magistrate or officer in charge of police station. 58. Person arrested not to be detained more than twenty-four hours. 59. Police to report apprehensions. 60. Discharge of person apprehended. 61. Power, on escape, to pursue and retake. 62. Arrest to be made strictly according to Sanhita. Chapter VI: Processes To Compel Appearance A.—Summons 63. Form of summons. 64. Summons how served. 65. Service of summons on corporate bodies, firms, and societies. 66. Service when persons summoned cannot be found. 67. Procedure when service cannot be effected as before provided. 68. Service on Government servant. 69. Service of summons outside local limits. 70. Proof of service in such cases and when serving officer not present. 71. Service of summons on witness. B.—Warrant of arrest 72. Form of warrant of arrest and duration. 73. Power to direct security to be taken. 74. Warrants to whom directed. 75. Warrant may be directed to any person. 76. Warrant directed to police officer. 77. Notification of substance of warrant. 78. Person arrested to be brought before Court without delay. 79. Where warrant may be executed. 80. Warrant forwarded for execution outside jurisdiction. 81. Warrant directed to police officer for execution outside jurisdiction. 82. Procedure on arrest of person against whom warrant issued. 83. Procedure by Magistrate before whom such person arrested is brought. C.—Proclamation and attachment 84. Proclamation for person absconding. 85. Attachment of property of person absconding. 86. Identification and attachment of property of proclaimed person. 87. Claims and objections to attachment. 88. Release, sale and restoration of attached property. 89. Appeal from order rejecting application for restoration of attached property. D.—Other rules regarding processes 90. Issue of warrant in lieu of, or in addition to, summons. 91. Power to take bond or bail bond for appearance. 92. Arrest on breach of bond or bail bond for appearance. 93. Provisions of this Chapter generally applicable to summons and warrants of arrest. Chapter VII: Processes To Compel The  Production Of Things A.—Summons to produce 94. Summons to produce document or other thing. 95. Procedure as to letters. B.—Search-warrants 96. When search-warrant may be issued. 97. Search of place suspected to contain stolen property, forged documents, etc. 98. Power to declare certain publications forfeited and to issue search-warrants for same. 99. Application to High Court to set aside declaration of forfeiture. 100. Search for persons wrongfully confined. 101. Power to compel restoration of abducted females. C.—General provisions relating to searches 102. Direction, etc., of search-warrants. 103. Persons in charge of closed place to allow search. 104. Disposal of things found in search beyond jurisdiction. D.—Miscellaneous 105.  Recording of search and seizure through audio video electronic means. 106. Power of police officer to seize certain property. 107. Attachment, forfeiture or restoration of property. 108. Magistrate may direct search in his presence. 109. Power to impound document, etc., produced. 110. Reciprocal arrangements regarding processes. Chapter VIII: Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property 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. 114. Assistance in securing transfer of persons. 115. Assistance in relation to orders of attachment or forfeiture of property. 116. Identifying unlawfully acquired property. 117. Seizure or attachment of property. 118. Management of properties seized or forfeited under this Chapter. 119. Notice of forfeiture of property. 120. Forfeiture of property in certain cases. 121. Fine in lieu of forfeiture. 122. Certain transfers to be null and void. 123. Procedure in respect of letter of request. 124. Application of this Chapter. Chapter IX:Security for Keeping the Peace and for Good Behaviour 125. Security for keeping peace on conviction. 126. Security for keeping peace in other cases. 127. Security for good behaviour from persons disseminating certain matters. 128. Security for good behaviour from suspected persons. 129. Security for good behaviour from habitual offenders. 130. Order to be made. 131. Procedure in respect of person present in Court. 132. Summons or warrant in case of person not so present. 133. Copy of order to accompany summons or warrant. 134. Power to dispense with personal attendance. 135. Inquiry as to truth of information. 136. Order to give security. 137. Discharge of person informed against. 138. Commencement of period for which security is required. 139. Contents of bond. 140. Power to reject sureties. 141. Imprisonment in default of security. 142. Power to release persons imprisoned for failing to give security. 143. Security for unexpired period of bond. Chapter X: Order For Maintenance Of Wives, Children And Parents 144. Order for maintenance of wives, children and parents. 145. Procedure. 146. Alteration in allowance. 147. Enforcement of order of maintenance. Chapter XI: Maintenance of Public Order and Tranquillity A.—Unlawful assemblies 148. Dispersal of assembly by use of civil force. 149. Use of armed forces to disperse assembly. 150. Power of certain armed force officers to disperse assembly. 151. Protection against prosecution for acts done under sections 148, 149 and 150. B.—Public nuisances 152. Conditional order for removal of nuisance. 153. Service or notification of order. 154. Person to whom order is addressed to obey or show cause. 155. Penalty for failure to comply with section 154. 156. Procedure where existence of public right is denied. 157. Procedure where person against whom order is made under section 152 appears to show-cause. 158. Power of Magistrate to direct local investigation and examination of an expert. 159. Power of Magistrate to furnish written instructions, etc. 160. Procedure on order being made absolute and consequences of disobedience. 161. Injunction pending inquiry. 162. Magistrate may prohibit repetition or Continuance of public nuisance. C.—Urgent cases of nuisance or apprehended danger 163. Power to issue order in urgent cases of nuisance or apprehended danger. D.—Disputes as to immovable property 164. Procedure where dispute concerning land or water is likely to cause breach of peace. 165. Power to attach subject of dispute and to appoint receiver. 166. Dispute concerning right of use of land or water. 167. Local inquiry. Chapter XII: Preventive Action of the Police 168. Police to prevent cognizable offences. 169. Information of design to commit cognizable offences. 170. Arrest to prevent commission of cognizable offences. 171. Prevention of injury to public property. 172. Persons bound to conform to lawful directions of police. Chapter XIII: Information To The Police And Their Powers To Investigate 173. Information in cognizable cases. 174. Information as to non-cognizable cases and investigation of such cases. 175. Police officer’s power to investigate cognizable case. 176. Procedure for investigation. 177. Report how submitted. 178. Power to hold investigation or preliminary inquiry. 179. Police officer's power to require attendance of witnesses. 180. Examination of witnesses by police. 181. Statements to police and use thereof. 182. No inducement to be offered. 183. Recording of confessions and statements. 184. Medical examination of victim of rape. 185. Search by police officer. 186. When officer in charge of police station may require another to issue search-warrant. 187. Procedure when investigation cannot be completed in twenty-four hours. 188. Report of investigation by subordinate police officer. 189. Release of accused when evidence deficient. 190. Cases to be sent to Magistrate, when evidence is sufficient. 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. 192. Diary of proceedings in investigation. 193. Report of police officer on completion of investigation. 194. Police to enquire and report on suicide, etc. 195. Power to summon persons. 196. Inquiry by Magistrate into cause of death. Chapter XIV: Jurisdiction of the Criminal Courts in Inquiries and Trials 197. Ordinary place of inquiry and trial. 198. Place of inquiry or trial. 199. Offence triable where act is done or consequence ensues. 200. Place of trial where act is an offence by reason of relation to other offence. 201. Place of trial in case of certain offences. 202. Offences committed by means of electronic communications, letters, etc. 203. Offence committed on journey or voyage. 204. Place of trial for offences triable together. 205. Power to order cases to be tried in different sessions divisions. 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 207. Power to issue summons or warrant for offence committed beyond local jurisdiction. 208. Offence committed outside India. 209. Receipt of evidence relating to offences committed outside India. Chapter XV: Conditions Requisite for Initiation of Proceedings 210. Cognizance of offences by Magistrate. 211. Transfer on application of accused. 212. Making over of cases to Magistrates. 213. Cognizance of offences by Court of Session. 214. Additional Sessions Judges to try cases made over to them. 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. 216. Procedure for witnesses in case of threatening, etc. 217. Prosecution for offences against State and for criminal conspiracy to commit such offence. 218. Prosecution of Judges and public servants. 219. Prosecution for offences against marriage. 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023. 221. Cognizance of offence. 222. Prosecution for defamation. Chapter XVI: Complaints to Magistrates 223. Examination of complainant. 224. Procedure by Magistrate not competent to take cognizance of case. 225. Postponement of issue of process. 226. Dismissal of complaint. Chapter XVII: Commencement of Proceedings Before Magistrates 227. Issue of process. 228. Magistrate may dispense with personal attendance of accused. 229. Special summons in cases of petty offence. 230. Supply to accused of copy of police report and other documents. 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session. 232. Commitment of case to Court of Session when offence is triable exclusively by it. 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence. Chapter XVIII: The Charge A.—Form of charges 234. Contents of charge. 235. Particulars as to time, place and person. 236. When manner of committing offence must be stated. 237. Words in charge taken in sense of law under which offence is punishable. 238. Effect of errors. 239. Court may alter charge. 240. Recall of witnesses when charge altered. B.—Joinder of charges 241. Separate charges for distinct offences. 242. Offences of same kind within year may be charged together. 243. Trial for more than one offence. 244. Where it is doubtful what offence has been committed. 245. When offence proved included in offence charged. 246. What persons may be charged jointly. 247. Withdrawal of remaining charges on conviction on one of several charges. Chapter XIX: Trial Before a Court of Session 248. Trial to be conducted by Public Prosecutor. 249. Opening case for prosecution. 250. Discharge. 251. Framing of charge. 252. Conviction on plea of guilty. 253. Date for prosecution evidence. 254. Evidence for prosecution. 255. Acquittal. 256. Entering upon defence. 257. Arguments. 258. Judgment of acquittal or conviction. 259. Previous conviction. 260. Procedure in cases instituted under sub-section (2) of section 222. Chapter XX: Trial of Warrant-Cases by Magistrates A.—Cases instituted on a police report 261. Compliance with section 230. 262. When accused shall be discharged. 263. Framing of charge. 264. Conviction on plea of guilty. 265. Evidence for prosecution. 266. Evidence for defence. B.—Cases instituted otherwise than on police report 267. Evidence for prosecution. 268. When accused shall be discharged. 269. Procedure where accused is not discharged. 270. Evidence for defence. C.—Conclusion of trial 271. Acquittal or conviction. 272. Absence of complainant. 273. Compensation for accusation without reasonable cause. CHAPTER XXI: Trial Of Summons-Cases By Magistrates 274. Substance of accusation to be stated. 275. Conviction on plea of guilty. 276. Conviction on plea of guilty in absence of accused in petty cases. 277. Procedure when not convicted. 278. Acquittal or conviction. 279. Non-appearance or death of complainant. 280. Withdrawal of complaint. 281. Power to stop proceedings in certain cases. 282. Power of Court to convert summons-cases into warrant-cases. Chapter XXII:Summary Trials 283. Power to try summarily. 284. Summary trial by Magistrate of second class. 285. Procedure for summary trials. 286. Record in summary trials. 287. Judgment in cases tried summarily. 288. Language of record and judgment. Chapter XXIII: Plea Bargaining 289. Application of Chapter. 290. Application for plea bargaining. 291. Guidelines for mutually satisfactory disposition. 292. Report of mutually satisfactory disposition to be submitted before Court. 293. Disposal of case. 294. Judgment of Court. 295. Finality of judgment. 296. Power of Court in plea bargaining. 297. Period of detention undergone by accused to be set off against sentence of imprisonment. 298. Savings. 299. Statements of accused not to be used. 300. Non-application of Chapter. Chapter XXIV: Attendance Of Persons Confined Or Detained In Prisons Bargaining 301. Definitions. 302. Power to require attendance of prisoners. 303. Power of State Government or Central Government to exclude certain persons from operation of section 302. 304. Officer in charge of prison to abstain from carrying out order in certain contingencies. 305. Prisoner to be brought to Court in custody. 306. Power to issue commission for examination of witness in prison. Chapter XXV: Evidence in Inquiries and Trials A.—Mode of taking and recording evidence 307. Language of Courts. 308. Evidence to be taken in presence of accused. 309. Record in summons-cases and inquiries. 310. Record in warrant-cases. 311. Record in trial before Court of Session. 312. Language of record of evidence. 313. Procedure in regard to such evidence when completed. 314. Interpretation of evidence to accused or his advocate. 315. Remarks respecting demeanour of witness. 316. Record of examination of accused. 317. Interpreter to be bound to interpret truthfully 318. Record in High Court. B.—Commissions for the examination of witnesses 319. When attendance of witness may be dispensed with and commission issued. 320. Commission to whom to be issued. 321. Execution of commissions. 322. Parties may examine witnesses. 323. Return of commission. 324. Adjournment of proceeding. 325. Execution of foreign commissions. 326. Deposition of medical witness. 327. Identification report of Magistrate. 328. Evidence of officers of Mint. 329. Reports of certain Government scientific experts. 330. No formal proof of certain documents. 331. Affidavit in proof of conduct of public servants. 332. Evidence of formal character on affidavit. 333. Authorities before whom affidavits may be sworn. 334. Previous conviction or acquittal how proved. 335. Record of evidence in absence of accused. 336. Evidence of public servants, experts, police officers in certain cases. Chapter XXVI: General Provisions As To Inquiries And Trials 337. Person once convicted or acquitted not to be tried for same offence. 338. Appearance by Public Prosecutors. 339. Permission to conduct prosecution. 340. Right of person against whom proceedings are instituted to be defended. 341. Legal aid to accused at State expense in certain cases. 342. Procedure when corporation or registered society is an accused. 343. Tender of pardon to accomplice. 344. Power to direct tender of pardon. 345. Trial of person not complying with conditions of pardon. 346. Power to postpone or adjourn proceedings. 347. Local inspection. 348. Power to summon material witness, or examine person present. 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc. 350. Expenses of complainants and witnesses. 351. Power to examine accused. 352. Oral arguments and memorandum of arguments. 353. Accused person to be competent witness. 354. No influence to be used to induce disclosure. 355. Provision for inquiries and trial being held in absence of accused in certain cases. 356. Inquiry, trial or judgment in absentia of proclaimed offender. 357. Procedure where accused does not understand proceedings. 358. Power to proceed against other persons appearing to be guilty of offence. 359. Compounding of offences. 360. Withdrawal from prosecution. 361. Procedure in cases which Magistrate cannot dispose of. 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed. 363. Trial of persons previously convicted of offences against coinage, stamp-law or property. 364. Procedure when Magistrate cannot pass sentence sufficiently severe. 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. 366. Court to be open. Chapter XXVII: Provisions As To Accused Persons Of Unsound Mind 367. Procedure in case of accused being person of unsound mind. 368. Procedure in case of person of unsound mind tried before Court. 369. Release of person of unsound mind pending investigation or trial. 370. Resumption of inquiry or trial. 371. Procedure on accused appearing before Magistrate or Court. 372. When accused appears to have been of sound mind. 373. Judgment of acquittal on ground of unsoundness of mind. 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody. 375. Power of State Government to empower officer in charge to discharge. 376. Procedure where prisoner of unsound mind is reported capable of making his defence. 377. Procedure where person of unsound mind detained is declared fit to be released. 378. Delivery of person of unsound mind to care of relative or friend. Chapter XXVIII: Provisions As To Offences Affecting The Administration Of Justice 379. Procedure in cases mentioned in section 215. 380. Appeal. 381. Power to order costs. 382. Procedure of Magistrate taking cognizance. 383. Summary procedure for trial for giving false evidence. 384. Procedure in certain cases of contempt. 385. Procedure where Court considers that case should not be dealt with under section 384. 386. When Registrar or Sub-Registrar to be deemed a Civil Court. 387. Discharge of offender on submission of apology. 388. Imprisonment or committal of person refusing to answer or produce document. 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons. 390. Appeals from convictions under sections 383, 384, 388 and 389. 391. Certain Judges and Magistrates not to try certain offences when committed before themselves. Chapter XXIX: The Judgment 392. Judgment. 393. Language and contents of judgment. 394. Order for notifying address of previously convicted offender. 395. Order to pay compensation. 396. Victim compensation scheme. 397. Treatment of victims. 398. Witness protection scheme. 399. Compensation to persons groundlessly arrested. 400. Order to pay costs in non-cognizable cases. 401. Order to release on probation of good conduct or after admonition. 402. Special reasons to be recorded in certain cases. 403. Court not to alter judgment. 404. Copy of judgment to be given to accused and other persons. 405. Judgment when to be translated. 406. Court of Session to send copy of finding and sentence to District Magistrate. Chapter XXX: Submission of Death Sentences for Confirmation 407. Sentence of death to be submitted by Court of Session for confirmation. 408. Power to direct further inquiry to be made or additional evidence to be taken. 409. Power of High Court to confirm sentence or annul conviction. 410. Confirmation or new sentence to be signed by two Judges. 411. Procedure in case of difference of opinion. 412. Procedure in cases submitted to High Court for confirmation. Chapter XXXI: Appeals 413. No appeal to lie unless otherwise provided. 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior. 415. Appeals from convictions. 416. No appeal in certain cases when accused pleads guilty. 417. No appeal in petty cases. 418. Appeal by State Government against sentence. 419. Appeal in case of acquittal. 420. Appeal against conviction by High Court in certain cases. 421. Special right of appeal in certain cases. 422. Appeal to Court of Session how heard. 423. Petition of appeal. 424. Procedure when appellant in jail. 425. Summary dismissal of appeal. 426. Procedure for hearing appeals not dismissed summarily. 427. Powers of Appellate Court. 428. Judgments of subordinate Appellate Court. 429. Order of High Court on appeal to be certified to lower Court. 430. Suspension of sentence pending appeal; release of appellant on bail. 431. Arrest of accused in appeal from acquittal. 432. Appellate Court may take further evidence or direct it to be taken. 433. Procedure where Judges of Court of appeal are equally divided. 434. Finality of judgments and orders on appeal. 435. Abatement of appeals. Chapter XXXII: Reference And Revision 436. Reference to High Court. 437. Disposal of case according to decision of High Court. 438. Calling for records to exercise powers of revision. 439. Power to order inquiry. 440. Sessions Judge's powers of revision. 441. Power of Additional Sessions Judge. 442. High Court's powers of revision. 443. Power of High Court to withdraw or transfer revision cases. 444. Option of Court to hear parties. 445. High Court's order to be certified to lower Court. Chapter XXXIII: Transfer Of Criminal Cases 446. Power of Supreme Court to transfer cases and appeals. 447. Power of High Court to transfer cases and appeals. 448. Power of Sessions Judge to transfer cases and appeals. 449. Withdrawal of cases and appeals by Sessions Judges. 450. Withdrawal of cases by Judicial Magistrates. 451. Making over or withdrawal of cases by Executive Magistrates. 452. Reasons to be recorded. Chapter XXXIV: Execution, Suspension, Remission and Commutation of Sentences A.—Death sentences 453. Execution of order passed under section 409. 454. Execution of sentence of death passed by High Court. 455. Postponement of execution of sentence of death in case of appeal to Supreme Court. 456. Commutation of sentence of death on pregnant woman. B.—Imprisonment 457. Power to appoint place of imprisonment. 458. Execution of sentence of imprisonment. 459. Direction of warrant for execution. 460. Warrant with whom to be lodged. C.—Levy of fine 461. Warrant for levy of fine. 462. Effect of such warrant. 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. 464. Suspension of execution of sentence of imprisonment. D.—General provisions regarding execution 465. Who may issue warrant. 466. Sentence on escaped convict when to take effect. 467. Sentence on offender already sentenced for another offence. 468. Period of detention undergone by accused to be set off against sentence of imprisonment. 469. Saving. 470. Return of warrant on execution of sentence. 471. Money ordered to be paid recoverable as a fine. E.—Suspension, remission and commutation of sentences 472. Mercy petition in death sentence cases. 473. Power to suspend or remit sentences. 474. Power to commute sentence. 475. Restriction on powers of remission or commutation in certain cases. 476. Concurrent power of Central Government in case of death sentences. 477. State Government to act after concurrence with Central Government in certain cases. Chapter XXXV: Provisions As To Bail And Bonds 478. In what cases bail to be taken. 479. Maximum period for which under-trial prisoner can be detained. 480. When bail may be taken in case of non-bailable offence. 481. Bail to require accused to appear before next Appellate Court 482. Direction for grant of bail to person apprehending arrest. 483. Special powers of High Court or Court of Session regarding bail. 484. Amount of bond and reduction thereof. 485. Bond of accused and sureties. 486. Declaration by sureties. 487. Discharge from custody. 488. Power to order sufficient bail when that first taken is insufficient. 489. Discharge of sureties. 490. Deposit instead of recognizance. 491. Procedure when bond has been forfeited 492. Cancellation of bond and bail bond 493. Procedure in case of insolvency or death of surety or when a bond is forfeited. 494. Bond required from child. 495. Appeal from orders under section 491. 496. Power to direct levy of amount due on certain recognizances. Chapter XXXVI: Disposal Of Property 497. Order for custody and disposal of property pending trial in certain cases. 498. Order for disposal of property at conclusion of trial. 499. Payment to innocent purchaser of money found on accused. 500. Appeal against orders under section 498 or section 499. 501. Destruction of libellous and other matter. 502. Power to restore possession of immovable property. 503. Procedure by police upon seizure of property. 504. Procedure where no claimant appears within six months. 505. Power to sell perishable property. Chapter XXXVII: Irregular Proceedings 506. Irregularities which do not vitiate proceedings. 507. Irregularities which vitiate proceedings. 508. Proceedings in wrong place. 509. Non-compliance with provisions of section 183 or section 316. 510. Effect of omission to frame, or absence of, or error in, charge. 511. Finding or sentence when reversible by reason of error, omission or irregularity. 512. Defect or error not to make attachment unlawful. Chapter XXXVIII: Limitation for Taking Cognizance of Certain Offences 513. Definitions. 514. Bar to taking cognizance after lapse of period of limitation. 515. Commencement of period of limitation. 516. Exclusion of time in certain cases. 517. Exclusion of date on which Court is closed. 518. Continuing offence. 519. Extension of period of limitation in certain cases. Chapter XXXIX: Miscellaneous 520. Trials before High Courts. 521. Delivery to commanding officers of persons liable to be tried by Court-martial. 522. Forms. 523. Power of High Court to make rules. 524. Power to alter functions allocated to Executive Magistrate in certain cases. 525. Cases in which Judge or Magistrate is personally interested. 526. Practising advocate not to sit as Magistrate in certain Courts. 527. Public servant concerned in sale not to purchase or bid for property. 528. Saving of inherent powers of High Court. 529. Duty of High Court to exercise continuous superintendence over Courts. 530. Trial and proceedings to be held in electronic mode. 531. Repeal and savings. THE FIRST SCHEDULE THE SECOND SCHEDULE THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 ACT NO. 46 OF 2023 [25th December, 2023.] An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows: CHAPTER I: PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023. (2) The provisions of this Sanhita, other than those in Chapters IX, XI, and XII, do not apply to the State of Nagaland or to the tribal areas. However, the State Government can, through a notification, apply these provisions to all or part of Nagaland or the tribal areas with certain modifications. In this context, "tribal areas" refers to the territories that were included in the tribal areas of Assam before January 21, 1972, as mentioned in paragraph 20 of the Sixth Schedule to the Constitution, excluding the areas within the local limits of the Shillong municipality. (3) This Act will come into force on a date appointed by the Central Government via notification in the Official Gazette. 2. Definitions. (1) In this Sanhita, unless the context requires otherwise: (a) "audio-video electronic" means the use of any communication device for video conferencing, recording of processes like identification, search, seizure, or evidence, transmission of electronic communication, and other purposes as specified by the State Government.  (b) "bail" is the release of an accused or suspected person from legal custody under conditions set by a court or officer, upon the person executing a bond or bail bond. (c) "bailable offence" is an offence listed as bailable in the First Schedule or made bailable by any other current law; a "non-bailable offence" is any other offense. (d) "bail bond" is an undertaking for release with a surety. (e) "bond" is a personal undertaking for release without a surety. (f) "charge" includes any head of charge if the charge has more than one head. (g) "cognizable offence" is an offence for which a police officer can arrest without a warrant, and a "cognizable case" is a case related to such an offence, as defined in the First Schedule or another current law. (h) "complaint" is any oral or written allegation made to a Magistrate to take action under this Sanhita, stating that a person has committed an offence. An exception is a police report. A report made by a police officer revealing a non-cognizable offence after investigation is considered a complaint, and the officer is deemed the complainant. (i) "electronic communication" includes the transfer of any written, verbal, pictorial, or video content through an electronic device like a telephone, mobile phone, computer, or camera, or in any electronic form specified by the Central Government. (j) "High Court" means the High Court for a State, a High Court whose jurisdiction has been extended to a Union territory, or for other Union territories, the highest court of criminal appeal besides the Supreme Court. (k) "inquiry" is any inquiry other than a trial conducted by a Magistrate or Court under this Sanhita. (l) "investigation" includes all proceedings under this Sanhita for collecting evidence by a police officer or any other person authorized by a Magistrate. If there is an inconsistency, the provisions of a special Act will prevail over this Sanhita. (m) "judicial proceeding" is any proceeding where evidence is or may be legally taken on oath. (n) "local jurisdiction" for a Court or Magistrate is the local area where they can exercise their powers under this Sanhita, as specified by the State Government. (o) "non-cognizable offence" is one for which a police officer has no authority to arrest without a warrant; a "non-cognizable case" is a case related to such an offence. (p) "notification" is a notification published in the Official Gazette. (q) "offence" is any act or omission made punishable by law, including acts for which a complaint can be made under section 20 of the Cattle Trespass Act, 1871. (r) "officer in charge of a police station" also includes the police officer next in rank above a constable who is present at the station house when the in-charge officer is absent or unable to perform their duties. (s) "place" includes a house, building, tent, vehicle, and vessel. (t) "police report" is a report sent by a police officer to a Magistrate under section 193(3). (u) "police station" is any post or place declared a police station by the State Government, including any specified local area. (v) "Public Prosecutor" is a person appointed under section 18 and includes anyone acting under their directions. (w) "sub-division" is a sub-division of a district. (x) "summons-case" is a case related to an offence that is not a warrant-case. (y) "victim" is a person who has suffered loss or injury due to an accused person's act or omission, and includes their guardian or legal heir. (z) "warrant-case" is a case related to an offence punishable with death, life imprisonment, or a term of imprisonment exceeding two years. (2) Words and expressions not defined in this Sanhita but defined in the Information Technology Act, 2000, and the Bharatiya Nyaya Sanhita, 2023, have the meanings assigned to them in those respective laws. 3. Construction of references. (1) Any reference in a law to a Magistrate, Magistrate of the first class, or Magistrate of the second class, is to be interpreted as a reference to a Judicial Magistrate of the first or second class, unless the context requires otherwise. (2) If a law other than this Sanhita grants functions to a Magistrate that involve weighing evidence or making decisions that could lead to punishment, penalty, or detention, those functions are to be exercised by a Judicial Magistrate.However, functions that are administrative or executive, such as granting a license or sanctioning a prosecution, are to be exercised by an Executive Magistrate. 4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. (1) All offences under the Bharatiya Nyaya Sanhita, 2023, will be investigated, inquired into, and tried according to the provisions of this Sanhita. (2) Offences under any other law will also be investigated, inquired into, and tried according to these same provisions, but they are subject to any other law currently in force that regulates the manner or place of dealing with such offences. 5. Saving. This Sanhita does not affect any special or local law, or any special procedure, power, or jurisdiction conferred by another law, unless there is a specific provision to the contrary. CHAPTER II: CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. In every State, in addition to the High Courts and other courts constituted under different laws, there will be the following classes of Criminal Courts: (i) Courts of Session; (ii) Judicial Magistrates of the first class; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. 7. Territorial divisions. (1) Every State will be a sessions division or be composed of sessions divisions; and every sessions division will be a district or consist of districts for the purposes of this Sanhita. (2) After consulting with the High Court, the State Government may change the limits or number of these divisions and districts. (3) The State Government may also, in consultation with the High Court, divide any district into sub-divisions and alter their limits or number. (4) The sessions divisions, districts, and sub-divisions that existed in a State when this Sanhita began are considered to have been formed under this section. 8. Court of Session. (1) The State Government is required to establish a Court of Session for each sessions division. (2) The High Court will appoint a Judge to preside over every Court of Session. (3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session. (4) A Sessions Judge from one division may be appointed as an Additional Sessions Judge for another, and in that role,they can preside over cases at locations in the other division as directed by the High Court. (5) If the office of the Sessions Judge is vacant, the High Court can arrange for an Additional Sessions Judge, or a Chief Judicial Magistrate if there's no Additional Sessions Judge, to handle urgent applications before the Court of Session. This Judge or Magistrate will have the authority to deal with such applications. (6) The Court of Session will normally hold sittings at places specified by the High Court. However, for a specific case,the court can, with the consent of the prosecution and the accused, sit at another location within the division if it would be more convenient for the parties and witnesses. (7) The Sessions Judge can issue orders to distribute business among Additional Sessions Judges, as long as the orders are consistent with this Sanhita. (8) The Sessions Judge can also arrange for an Additional Sessions Judge, or the Chief Judicial Magistrate if none is available, to handle urgent applications in case of the Sessions Judge's absence or inability to act. This designated person will have the jurisdiction to handle those applications. Explanation- "Appointment" in this Sanhita does not include a person's first appointment, posting, or promotion by the Government to any service or post related to the affairs of the Union or a State, if that action is required to be made by the Government under another law. 9. Courts of Judicial Magistrates. (1) The State Government, after consulting with the High Court, must establish Judicial Magistrate Courts of the first and second class in every district, at such places as they specify by notification. The State Government may also establish one or more Special Courts of Judicial Magistrates for a particular local area to try specific cases or classes of cases. If a Special Court is established, no other Magistrate's Court in that area will have jurisdiction to try those cases. (2) The High Court will appoint the presiding officers of these courts. (3) The High Court may also, when it seems necessary, confer the powers of a Judicial Magistrate of the first or second class on any member of the State's Judicial Service who is also a Judge in a Civil Court. 10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. (1) The High Court is responsible for appointing a Judicial Magistrate of the first class as the Chief Judicial Magistrate in every district. (2) The High Court can appoint a Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, who will have all or some of the powers of a Chief Judicial Magistrate under this Sanhita or any other law, as directed by the High Court. (3) The High Court may designate any Judicial Magistrate of the first class in a sub-division as the Sub-divisional Judicial Magistrate, and relieve them of these responsibilities as needed. (4) Subject to the Chief Judicial Magistrate's general control, every Sub-divisional Judicial Magistrate will exercise powers of supervision and control over the work of other Judicial Magistrates (excluding Additional Chief Judicial Magistrates) in the sub-division, as specified by the High Court. 11. Special Judicial Magistrates. (1) If requested by the Central or State Government, the High Court may grant a person who holds or has held a Government post all or some of the powers of a Judicial Magistrate of the first or second class for specific cases or classes of cases in a local area. These powers can only be given to a person with the legal qualifications or experience specified by the High Court. (2) These Magistrates, known as Special Judicial Magistrates, will be appointed for a term not exceeding one year at a time, as directed by the High Court. 12. Local Jurisdiction of Judicial Magistrates. (1) The Chief Judicial Magistrate, under the High Court's control, can define the local limits within which Magistrates appointed under section 9 or section 11 may exercise their powers under this Sanhita. However, a Special Judicial Magistrate's Court may hold its sittings anywhere within the local area for which it was established. (2) Unless otherwise defined, the jurisdiction and powers of every such Magistrate extend throughout the entire district. (3) If a Magistrate's local jurisdiction extends beyond the district where they normally hold court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate will be understood as referring to the Court of Session or Chief Judicial Magistrate of the district where they hold court, unless the context specifies otherwise. 13. Subordination of Judicial Magistrates. (1) Every Chief Judicial Magistrate is subordinate to the Sessions Judge. All other Judicial Magistrates are subordinate to the Chief Judicial Magistrate, subject to the general control of the Sessions Judge. (2) The Chief Judicial Magistrate can make rules or give special orders to distribute business among the Judicial Magistrates who are subordinate to him, as long as these are consistent with this Sanhita. 14. Executive Magistrates (1) The State Government may appoint as many Executive Magistrates as it deems fit in every district, and will appoint one of them as the District Magistrate. (2) The State Government may also appoint an Executive Magistrate to be an Additional District Magistrate, who will have the powers of a District Magistrate under this Sanhita or any other law as directed by the State Government. (3) If the office of the District Magistrate becomes vacant, the officer who temporarily takes over the executive administration of the district will exercise all the powers and duties of the District Magistrate under this Sanhita until the State Government issues new orders. (4) The State Government can place an Executive Magistrate in charge of a sub-division and relieve them of that responsibility as needed. This Magistrate will be known as the Sub-divisional Magistrate. (5) The State Government can delegate its powers under sub-section (4) to the District Magistrate, subject to any controls or directions it imposes. (6) This section does not prevent the State Government from conferring any or all powers of an Executive Magistrate on a Commissioner of Police under any law currently in force. 15. Special Executive Magistrates. The State Government may appoint Executive Magistrates or any police officer not below the rank of Superintendent of Police as Special Executive Magistrates for specific areas or functions. They can be appointed for a term the government deems fit and may be given the powers of Executive Magistrates under this Sanhita. 16. Local Jurisdiction of Executive. (1) The District Magistrate, under the control of the State Government, may define the local limits within which Executive Magistrates can exercise their powers under this Sanhita. (2) Unless specified otherwise, the jurisdiction and powers of each such Magistrate extend throughout the district. 17. Subordination of Executive Magistrates. (1) All Executive Magistrates are subordinate to the District Magistrate.Additionally, every Executive Magistrate (except the Sub-divisional Magistrate) exercising powers in a sub-division is subordinate to the Sub-divisional Magistrate, under the general control of the District Magistrate. (2) The District Magistrate can make rules or give special orders, consistent with this Sanhita, for the distribution of business among the Executive Magistrates subordinate to him. 18. Public Prosecutors. (1) For every High Court, the Central or State Government, after consulting with the High Court,must appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors to handle prosecutions,appeals, or other proceedings on behalf of their respective governments. For the National Capital Territory of Delhi, the Central Government will, in consultation with the Delhi High Court, appoint the Public Prosecutor or Additional Public Prosecutors. (2) The Central Government can appoint one or more Public Prosecutors to handle any case in a specific district or local area. (3) For every district, the State Government must appoint a Public Prosecutor and may appoint one or more Additional Public Prosecutors. A Public Prosecutor or Additional Public Prosecutor appointed for one district can also be appointed for another. (4) The District Magistrate, in consultation with the Sessions Judge, will prepare a panel of names of people they consider fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district. (5) The State Government can only appoint a person as a Public Prosecutor or Additional Public Prosecutor for a district if their name is on the panel prepared by the District Magistrate. (6) If a State has a regular Cadre of Prosecuting Officers, the State Government must appoint a Public Prosecutor or Additional Public Prosecutor from that Cadre. However, if no suitable person is available from the Cadre, the government may appoint a person from the panel prepared by the District Magistrate. Explanation- "regular Cadre of Prosecuting Officers" means a Cadre that includes the post of Public Prosecutor and provides for the promotion of Assistant Public Prosecutors to that post. "Prosecuting Officer" means a person appointed to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor, or Assistant Public Prosecutor under this Sanhita. (7) To be eligible for appointment as a Public Prosecutor or an Additional Public Prosecutor, a person must have been practicing as an advocate for at least seven years. (8) The Central or State Government may appoint an advocate who has been in practice for at least ten years as a Special Public Prosecutor for a specific case or class of cases. The court may allow the victim to hire an advocate of their choice to assist the prosecution under this sub-section. (9) For the purposes of sub-sections (7) and (8), the period a person has served as a Public Prosecutor, Additional Public Prosecutor, Assistant Public Prosecutor, or other Prosecuting Officer will count as time spent practicing as an advocate. 19. Assistant Public Prosecutors. (1) The State Government must appoint one or more Assistant Public Prosecutors in every district to handle prosecutions in Magistrate's Courts. (2) The Central Government can appoint one or more Assistant Public Prosecutors to conduct any case or class of cases in Magistrate's Courts. (3) If an Assistant Public Prosecutor is not available for a specific case, the District Magistrate can appoint another person to serve as the Assistant Public Prosecutor for that case, after giving fourteen days' notice to the State Government. A police officer is not eligible for this role if they were involved in the investigation of the offense or if they are below the rank of Inspector. 20. Directorate of Prosecution. (1) The State Government can establish: (a) A Directorate of Prosecution in the State with a Director of Prosecution and as many Deputy Directors as needed. (b) A District Directorate of Prosecution in every district with as many Deputy Directors and Assistant Directors as needed. (2) To be appointed as: (a) A Director or Deputy Director of Prosecution, a person must have been an advocate for at least fifteen years or be a current or former Sessions Judge. (b) An Assistant Director of Prosecution, a person must have been an advocate for at least seven years or a Magistrate of the first class. (3) The Directorate of Prosecution will be led by the Director of Prosecution, who will operate under the administrative control of the State's Home Department. (4) Every Deputy Director and Assistant Director of Prosecution is subordinate to the Director of Prosecution, and every Assistant Director is subordinate to the Deputy Director. (5) Any Public, Additional Public, or Special Public Prosecutor appointed by the State Government to conduct cases in the High Court is subordinate to the Director of Prosecution. (6) Any Public, Additional Public, or Special Public Prosecutor appointed by the State Government to conduct cases in District Courts, and every Assistant Public Prosecutor appointed under section 19(1), is subordinate to the Deputy Director or Assistant Director of Prosecution. (7) The Director of Prosecution's role is to monitor cases for offenses punishable by ten or more years of imprisonment,life imprisonment, or death, to expedite proceedings, and to provide opinions on filing appeals. (8) The Deputy Director of Prosecution's role is to examine police reports and monitor cases for offenses punishable by seven to ten years of imprisonment to ensure their quick disposal. (9) The Assistant Director of Prosecution's role is to monitor cases for offenses punishable by less than seven years of imprisonment. (10) Regardless of the above sub-sections, the Director, Deputy Director, or Assistant Director of Prosecution has the power and responsibility to handle all proceedings under this Sanhita. (11) Other powers, functions, and areas of responsibility for the Director, Deputy Directors, and Assistant Directors of Prosecution will be specified by the State Government via notification. (12) This section does not apply to the Advocate General for the State when performing the functions of a Public Prosecutor. CHAPTER III: POWER OF COURTS 21. Courts by which offences are triable. Subject to other provisions of this Sanhita: (a) Any offence under the Bharatiya Nyaya Sanhita, 2023, may be tried by the High Court, the Court of Session, or any other court specified as triable in the First Schedule. Offences under sections 64 to 71 of the Bharatiya Nyaya Sanhita,2023, must be tried, as far as possible, by a court presided over by a woman. (b) Any offence under another law is to be tried by the court mentioned in that law. If no court is mentioned, it may be tried by the High Court or any other court specified as triable in the First Schedule. 22. Sentences which High Courts and Sessions Judges may pass. (1) A High Court can pass any sentence permitted by law. (2) A Sessions Judge or Additional Sessions Judge can also pass any sentence permitted by law, but any death sentence they impose must be confirmed by the High Court. 23. Sentences which Magistrates may pass. (1) A Chief Judicial Magistrate's Court can pass any sentence authorized by law, except for death, life imprisonment, or imprisonment for more than seven years. (2) A Magistrate of the first class can impose a prison sentence up to three years, a fine up to fifty thousand rupees, or both, or community service. (3) A Magistrate of the second class can impose a prison sentence up to one year, a fine up to ten thousand rupees, or both,or community service. Explanation- "Community service" means work that a court orders a convict to perform for the benefit of the community,without pay. 24. Sentence of imprisonment in default of fine. (1) A Magistrate's Court can impose a term of imprisonment for non-payment of a fine as permitted by law, provided the term does not exceed the Magistrate's powers under section 23. If a substantive prison sentence was also imposed, the imprisonment for default of fine cannot exceed one-fourth of the maximum term the Magistrate could impose for the offence. (2) The imprisonment for non-payment of a fine can be in addition to the maximum substantive prison sentence a Magistrate can impose under section 23. 25. Sentence in cases of conviction of several offences at one trial. (1) If a person is convicted of multiple offenses in one trial, the court can sentence them for each offense to the respective punishments prescribed by law. The court,considering the severity of the offenses, will order whether these punishments run concurrently or consecutively. (2) If the sentences are consecutive, the court does not have to send the offender to a higher court simply because the total punishment exceeds what it could impose for a single offense. The total period of imprisonment cannot be longer than twenty years, and the total punishment cannot be more than twice the amount of punishment the court can impose for a single offense. (3) For the purpose of an appeal by a convicted person, the total of consecutive sentences is considered a single sentence. 26. Mode of conferring powers. (1) The High Court or the State Government may grant powers under this Sanhita to specific people by name, by virtue of their office, or to classes of officials by their titles. (2) Such an order takes effect from the date it is communicated to the person receiving the power. 27. Powers of officers appointed. If a person holding a government office is granted powers under this Sanhita and is then appointed to a similar or higher office of the same nature in a similar local area, they will continue to exercise the same powers in the new area unless the High Court or State Government directs otherwise. 28. Withdrawal of powers. (1) The High Court or the State Government can withdraw any or all powers it has granted under this Sanhita to a person or to any officer subordinate to it. (2) Powers granted by a Chief Judicial Magistrate or District Magistrate can be withdrawn by the respective Magistrate who conferred them. 29. Powers of Judges and Magistrates exercisable by their successors-in office. (1) A Judge's or Magistrate's powers and duties can be exercised by their successor in office. (2) If there is any uncertainty about who the successor is, the Sessions Judge will issue a written order to determine which Judge is to be considered the successor. (3) If there is any doubt about a Magistrate's successor, the Chief Judicial Magistrate or District Magistrate, as appropriate, will issue a written order to determine who the successor is for the purpose of the Sanhita or any proceedings. CHAPTER IV: POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE 30. Powers of superior officers of police. Police officers with a rank higher than an officer in charge of a police station can exercise the same powers throughout the area they are appointed to, as a station in-charge can within their station limits. 31. Public when to assist Magistrates and police. Every person must assist a Magistrate or police officer if they are reasonably requested to do so for: (a) the arrest or prevention of escape of a person the Magistrate or police officer is authorized to arrest; (b) the prevention or suppression of a breach of peace; or (c) the prevention of any injury attempted on public property. 32. Aid to person, other than police officer, executing warrant. If a warrant is directed to a person other than a police officer, another person can help execute the warrant if the person it is directed to is nearby and actively executing it. 33. Public to give information of certain offences. (1) Any person who is aware of the commission or planned commission of certain offences under the Bharatiya Nyaya Sanhita, 2023, must immediately inform the nearest Magistrate or police officer. The specific sections are: (i) sections 103 to 105; (ii) sections 111 to 113; (iii) sections 140 to 144; (iv) sections 147 to 154 and section 158; (v) sections 178 to 182; (vi) sections 189 and 191; (vii) sections 274 to 280; (viii) section 307; (ix) sections 309 to 312; (x) section 316(5); (xi) sections 326 to 328; and (xii) sections 331 and 332. (2) For this section, "offence" includes any act committed outside India that would be considered an offence if committed in India. 34. Duty of officers employed in connection with affairs of a village to make certain report. (1) Any officer employed for village affairs and any resident must immediately tell the nearest Magistrate or police station in charge of any information they have about: (a) the temporary or permanent residence of any known receiver or seller of stolen property in or near the village; (b) the presence or passage of a person they know or reasonably suspect to be a robber, escaped convict, or proclaimed offender;  (c) the commission or plan to commit any non-bailable offence or an offence under sections 189 and 191 of the Bharatiya Nyaya Sanhita, 2023, in or near the village; (d) any sudden or unnatural death, or death under suspicious circumstances, or the discovery of a corpse or part of a corpse under suspicious circumstances.This also includes the disappearance of any person under circumstances that suggest a non-bailable offence may have been committed against them; (e) the commission or intention to commit an act outside India, near the village, that would be a punishable offence under certain sections of the Bharatiya Nyaya Sanhita, 2023, if committed in India; (f) any matter likely to affect public order, crime prevention, or the safety of persons or property, which the District Magistrate has directed them to report. (2) For this section, "village" includes village lands. "Proclaimed offender" includes a person proclaimed as an offender by any court or authority in any Indian territory where this Sanhita does not apply, for an act that would be an offence punishable with ten years, life imprisonment, or death under the Bharatiya Nyaya Sanhita, 2023, if committed where this Sanhita is in effect. "Officer employed in connection with the affairs of the village" includes a member of the village panchayat, the headman, and any other person appointed to perform village administration duties. CHAPTER V: ARREST OF PERSONS  35. When police may arrest without warrant. (1) A police officer can arrest a person without a Magistrate's order or a warrant in the following situations: (a) The person commits a cognizable offence in the presence of the officer. (b) There is a reasonable complaint, credible information, or reasonable suspicion that the person has committed a cognizable offence punishable with imprisonment for up to seven years. The officer must believe the person committed the offence and that the arrest is necessary to prevent further offences, for proper investigation, to prevent evidence from disappearing, to stop the person from intimidating witnesses, or to ensure their presence in court. If an arrest is not required, the officer must record the reasons in writing. (c) There is credible information that the person has committed a cognizable offence punishable with imprisonment for more than seven years or death, and the officer believes the information is true. (d) The person has been proclaimed as an offender under this Sanhita or by an order of the State Government. (e) The person is found with property that is reasonably suspected to be stolen, and the person is reasonably suspected of having committed an offence related to that property. (f) The person obstructs a police officer performing their duty or escapes from lawful custody. (g) The person is reasonably suspected of being a deserter from the Armed Forces of the Union. (h) The person has been involved in an act committed outside India that would be a punishable offence in India, and for which they are liable to be arrested or detained under extradition laws.  (i) The person is a released convict who breaks a rule made under section 394(5). (j) The police officer receives a written or oral request from another police officer to make the arrest, and the request specifies the person, the offence, and that the person could lawfully be arrested without a warrant by the officer who issued the request. (2) A person involved in a non-cognizable offence, or against whom a complaint or suspicion exists, cannot be arrested without a warrant or a Magistrate's order, subject to the provisions of section 39. (3) If an arrest is not required under sub-section (1), the police officer must issue a notice directing the person to appear before them or at a specified place. (4) The person receiving such a notice must comply with its terms. (5) As long as the person complies with the notice, they cannot be arrested for the offence mentioned in the notice, unless the police officer, for reasons recorded, believes they should be arrested. (6) If the person fails to comply with the notice or refuses to identify themselves, the police officer can arrest them for the offence mentioned in the notice, subject to any orders from a competent court. (7) No arrest can be made without prior permission from an officer of at least the rank of Deputy Superintendent of Police if the offence is punishable with less than three years of imprisonment and the person is infirm or over sixty years old. 36. Procedure of arrest and duties of officer making arrest. Every police officer making an arrest must: (a) Wear a clear and visible identification of their name to allow for easy identification. (b) Prepare a memorandum of arrest attested by at least one family member of the arrested person or a respectable local resident, and countersigned by the arrested person. (c) Inform the arrested person of their right to have a relative or friend notified of the arrest, unless a family member already attested the memorandum. 37. Designated police officer. The State Government must: (a) Establish a police control room in every district and at the State level. (b) Appoint a police officer, not below the rank of Assistant Sub-Inspector, in every district and police station to maintain and prominently display information (including in digital form) about the names, addresses, and charges of arrested persons. 38. Right of arrested person to meet an advocate of his choice during interrogation. A person who has been arrested and is being interrogated by the police has the right to meet with an advocate of their choice during the interrogation, but not throughout the entire process. 39. Arrest on refusal to give name and residence. (1) A police officer may arrest a person who has committed or is accused of a non-cognizable offence in their presence if the person refuses to provide their name and residence, or gives information the officer believes is false. This is done to ascertain their identity. (2) Once the person's true name and residence are known, they must be released on a bond or bail bond to appear before a Magistrate if required. If the person does not live in India, the bail bond must be secured by a surety or sureties who reside in India. (3) If the true name and residence are not determined within twenty-four hours of the arrest, or if the person fails to execute the bond or find sufficient sureties, they must be sent to the nearest Magistrate with jurisdiction. 40. Arrest by private person and procedure on such arrest. (1) A private person may arrest or cause the arrest of someone who commits a non-bailable and cognizable offence in their presence, or a proclaimed offender. The arrested person must be handed over to a police officer, or taken to the nearest police station, within six hours of the arrest. (2) If there is reason to believe the person falls under section 35(1), a police officer must take them into custody. (3) If there is reason to believe the person committed a non-cognizable offence, and they refuse to give their name and residence or give false information, they will be handled according to section 39. If there is no reason to believe they committed an offence, they must be released immediately. 41. Arrest by Magistrate. (1) If an offence is committed in the presence of a Magistrate (Executive or Judicial) within their local jurisdiction, the Magistrate can personally arrest or order any person to arrest the offender. The Magistrate may then commit the offender to custody, subject to the provisions on bail. (2) Any Magistrate can, at any time and in their presence, arrest or order the arrest of a person within their local jurisdiction for whom they are competent to issue a warrant. 42. Protection of members of Armed Forces from arrest. (1) A member of the Armed Forces of the Union cannot be arrested for anything done in the course of their official duties without the consent of the Central Government. This applies regardless of sections 35 and 39-41. (2) The State Government may issue a notification to apply the provisions of sub-section (1) to any class of members of a Force responsible for maintaining public order. In such cases, "Central Government" will be replaced with "State Government" for that class of people. 43. Arrest how made. (1) To make an arrest, the officer or other person must physically touch or confine the body of the person to be arrested, unless the person submits to custody verbally or with an action. When arresting a woman, unless the circumstances indicate otherwise, her submission to custody based on an oral statement is presumed, and a male officer should not touch her person unless circumstances require it or the officer is also female. (2) If the person resists or attempts to evade arrest, the officer or person may use all necessary means to effect the arrest. (3) The police officer may use handcuffs when arresting or producing a person in court if the person is a habitual or repeat offender, has escaped from custody, or has committed an offence of organised crime, a terrorist act, a drug-related crime,illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting, human trafficking, a sexual offence against a child, or an offence against the State. The use of handcuffs must consider the nature and gravity of the offence. (4) This section does not give the right to cause the death of a person who is not accused of an offence punishable with death or life imprisonment. (5) Except in exceptional circumstances, a woman should not be arrested between sunset and sunrise. If such circumstances exist, a woman police officer must submit a written report and get prior permission from the Magistrate of the first class in the local jurisdiction where the offence was committed or the arrest is to be made. 44. Search of place entered by person sought to be arrested. (1) If a person with a warrant or a police officer with the authority to arrest believes the person to be arrested has entered or is within a place, the person residing in or in charge of that place must allow them free entry and provide all reasonable facilities for a search. (2) If entry cannot be gained this way, the person with the warrant or the police officer may enter and search the place by breaking open any outer or inner door or window of any house or place, after announcing their authority and purpose and demanding admittance. If the place is an apartment occupied by a woman who does not appear in public (and is not the person to be arrested), the officer must give her notice that she can withdraw and provide her with every reasonable facility to do so before breaking in. (3) A police officer or other person authorized to make an arrest can break open any outer or inner door or window to free themselves or another person who lawfully entered to make an arrest and is being detained inside. 45. Pursuit of offenders into other jurisdictions. A police officer can pursue a person they are authorized to arrest without a warrant into any place in India to make the arrest. 46. No unnecessary restraint. An arrested person should not be subjected to more restraint than is necessary to prevent their escape. 47. Person arrested to be informed of grounds of arrest and of right to bail. (1) Any police officer or other person arresting someone without a warrant must immediately inform them of the full details of the offence or other grounds for their arrest. (2) If a police officer arrests a person for a bailable offence, they must inform the person that they are entitled to be released on bail and can arrange for sureties. 48. Obligation of person making arrest to inform about arrest, etc., to relative or friend. (1) The person making an arrest must immediately inform a relative, friend, or other person nominated by the arrested person about the arrest and the location where they are being held. This information must also be provided to the designated police officer in the district. (2) The police officer must inform the arrested person of these rights as soon as they are brought to the police station. (3) The police station must keep a record in a book of who was informed of the arrest, in a form specified by the State Government. (4) The Magistrate before whom the arrested person is produced must confirm that these requirements have been met. 49. Search of arrested person. (1) When a person is arrested with a warrant that does not allow for bail, a warrant that allows bail but they cannot furnish it, or is arrested without a warrant and cannot legally be released on bail, the officer making the arrest may search them and place any articles found (except for necessary clothes) in safe custody. A receipt must be given to the arrested person for any seized articles. (2) If a female must be searched, it must be done by another female with strict regard for decency. 50. Power to seize offensive weapons. The person making an arrest can, immediately after the arrest, seize any offensive weapons the arrested person has on them. These weapons must be delivered to the court or officer before whom the arrested person is to be produced. 51. Examination of accused by medical practitioner at request of police officer. (1) When a person is arrested for an offence where an examination of their person could provide evidence, a registered medical practitioner can conduct such an examination at the request of a police officer. They may use reasonable force to ascertain the facts that could provide such evidence. (2) If the person to be examined is female, the examination must be done by or under the supervision of a female registered medical practitioner. (3) The medical practitioner must send the examination report to the investigating officer without delay. Explanation- In this section and sections 52 and 53, "examination" includes the examination of bodily substances, hair,and nail clippings using modern scientific techniques, including DNA profiling and other necessary tests. "Registered medical practitioner" is a medical practitioner with a recognized qualification whose name is on the National or State Medical Register. 52. Examination of person accused of rape by medical practitioner. (1) When a person is arrested on a charge of rape or attempted rape and an examination of their person is likely to provide evidence, a registered medical practitioner working at a government or local authority hospital can conduct the examination at the request of a police officer. If no such practitioner is available within a sixteen-kilometre radius, any other registered medical practitioner can perform the examination. They can use reasonable force for this purpose. (2) The practitioner must, without delay, examine the person and create a report with the following details: the name and address of the accused and the person who brought them; the accused's age; any injuries; a description of the material taken for DNA profiling; and other relevant details. (3) The report must clearly state the reasons for each conclusion. (4) The exact start and end times of the examination must also be noted in the report. (5) The medical practitioner must send the report to the investigating officer without delay, who will then forward it to the Magistrate. 53. Examination of arrested person by medical officer. (1) Any person who is arrested must be examined by a medical officer of the Central or State Government, or, if one is not available, by a registered medical practitioner, as soon as possible after the arrest. If the person is female, the examination must be done by or under the supervision of a female medical officer or a female registered medical practitioner. (2) The medical officer or practitioner must record any injuries or marks of violence on the arrested person and the approximate time they were inflicted. (3) A copy of this report must be given to the arrested person or a person they nominate. 54. Identification of person arrested. If a person is arrested and their identification by others is needed for an investigation, the court with jurisdiction may, at the request of the police station in charge, order the arrested person to submit to identification. If the person doing the identification has a mental or physical disability, the process must be supervised by a Magistrate, who will ensure the identification is done using methods the person is comfortable with, and the process must be recorded using audio-video electronic means. 55. Procedure when police officer deputes subordinate to arrest without warrant. (1) If a police station in-charge or an investigating police officer needs a subordinate to arrest a person without a warrant, they must give the subordinate a written order specifying the person and the offence. The subordinate officer must then inform the person to be arrested of the order's substance and show them the order if requested. (2) This section does not affect a police officer's power to arrest under section 35. 56. Health and safety of arrested person. The person having custody of an accused person must take reasonable care of their health and safety. 57. Person arrested to be taken before Magistrate or officer in charge of police station. A police officer who makes an arrest without a warrant must, without unnecessary delay, take or send the arrested person to a Magistrate with jurisdiction or to the police station in charge. 58. Person arrested not to be detained more than twenty-four hours. (Note: This section seems to be mislabeled in the provided text, as the title and content do not match. The content for this section appears to be a duplicate of section 59). 59. Police to report apprehensions. Officers in charge of police stations must report the cases of all persons arrested without a warrant to the District Magistrate, or to the Sub-divisional Magistrate if directed to do so, regardless of whether the persons were released on bail. 60. Discharge of person apprehended. A person arrested by a police officer can only be discharged on their bond, bail bond, or by a special order from a Magistrate. 61. Power, on escape, to pursue and retake. (1) If a person in lawful custody escapes or is rescued, the person from whose custody they escaped can immediately pursue and arrest them anywhere in India. (2) The provisions of section 44, which deal with the search of places, apply to these arrests even if the person making the arrest does not have a warrant and is not a police officer with the authority to arrest. 62. Arrest to be made strictly according to Sanhita. No arrest may be made except in accordance with the provisions of this Sanhita or any other law currently in force that provides for arrest. CHAPTER VI: PROCESSES TO COMPEL APPEARANCEA A. Summons 63. Form of summons. Every summons issued by a court under this Sanhita must be in duplicate, written and signed by the presiding officer or another authorized officer, and bear the court's seal. Alternatively, it can be in an encrypted or other form of electronic communication with an image of the court's seal or a digital signature. 64. Summons how served. (1) A summons must be served by a police officer, a court officer, or another public servant,subject to the rules made by the State Government. The police station or court registrar must maintain a register of addresses, email addresses, and phone numbers. (2) Service should be made personally on the person summoned, by delivering or tendering one of the duplicates.Summons bearing the court's seal may also be served electronically as prescribed by State Government rules. (3) The person served must, if asked, sign a receipt on the back of the other duplicate. 65. Service of summons on corporate bodies, firms, and societies. (1) A summons can be served on a company or corporation by serving it on a Director, Manager, Secretary, or other officer, or by registered post addressed to them in India. Service is considered complete when the letter would arrive in the ordinary course of post. Explanation- "Company" means a body corporate, and "corporation" means an incorporated company or other body corporate registered under the Companies Act, 2013, or a society under the Societies Registration Act, 1860. (2) A summons can be served on a firm or association by serving it on any partner or by registered post addressed to a partner. Service is considered complete when the letter would arrive in the ordinary course of post. 66. Service when persons summoned cannot be found. If the person summoned cannot be found with due diligence, the summons can be served by leaving a duplicate with an adult family member who lives with them. The family member must, if asked, sign a receipt on the back of the other duplicate. Explanation- A servant is not considered a member of the family for this section. 67. Procedure when service cannot be effected as before provided. If service cannot be made as described in sections 64, 65, or 66, the serving officer must affix a duplicate of the summons to a conspicuous part of the house where the person usually lives. The court may then, after making inquiries, declare the summons duly served or order a new service. 68. Service on Government servant. (1) A summons for a government employee should be sent in duplicate to the head of their office. The head of the office will then have the summons served as provided in section 64 and return it to the court with their signature and endorsement. (2) The signature of the head of office serves as proof of due service. 69. Service of summons outside local limits. If a court wants a summons to be served outside its local jurisdiction, it will typically send the duplicate summons to a Magistrate in whose jurisdiction the person resides, for service. 70. Proof of service in such cases and when serving officer not present. (1) When a summons is served outside the court's jurisdiction, and the serving officer is not present at the hearing, an affidavit claiming the summons was served,along with an endorsed duplicate of the summons, is admissible as evidence. The statements in the affidavit are considered correct unless proven otherwise. (2) The affidavit can be attached to the duplicate summons and returned to the court. (3) Summons served electronically under sections 64 to 71 are considered duly served, and a copy of the summons must be attested and kept as proof of service. 71. Service of summons on witness. (1) A court issuing a summons to a witness can also direct a copy of the summons to be served by electronic communication or registered post at the place where the witness resides or works. (2) The summons is considered duly served if the court receives a signed acknowledgment from the witness, an endorsement from a postal employee stating the witness refused delivery, or proof of electronic delivery under section 70(3). B. Warrant of arrest 72. Form of warrant of arrest and duration. (1) A warrant of arrest must be in writing, signed by the presiding officer of the court, and bear the court's seal. (2) A warrant remains in force until it is cancelled by the issuing court or is executed. 73. Power to direct security to be taken. (1) A court issuing a warrant can, at its discretion, endorse on the warrant that if the person provides a bail bond with sufficient sureties for their court appearance, the officer executing the warrant should take that security and release the person from custody. (2) The endorsement must specify: (a) the number of sureties; (b) the amount for which the person and the sureties must be bound; and (c) the time of the required court appearance. (3) When security is taken, the officer must forward the bond to the court. 74. Warrants to whom directed. (1) A warrant is usually directed to one or more police officers. However, if immediate execution is necessary and no police officer is available, the court can direct it to any other person, who must then execute it. (2) If a warrant is directed to multiple people or officers, it can be executed by all, or any one or more of them. 75. Warrant may be directed to any person. (1) A Chief Judicial Magistrate or a first class Magistrate can direct a warrant to any person within their local jurisdiction to arrest an escaped convict, proclaimed offender, or a person accused of a non-bailable offence who is evading arrest. (2) The person receiving the warrant must acknowledge its receipt in writing and execute it if the person to be arrested is on or enters any land or property under their control. (3) Once the person is arrested, they must be handed over, with the warrant, to the nearest police officer, who will take them before a Magistrate with jurisdiction, unless security is taken under section 73. 76. Warrant directed to police officer. A warrant directed to a police officer may also be executed by any other police officer whose name is endorsed on it by the original officer to whom it was directed. 77. Notification of substance of warrant. The officer or person executing a warrant must inform the person to be arrested of its substance and show them the warrant if requested. 78. Person arrested to be brought before Court without delay. The person executing a warrant must, without unnecessary delay, bring the arrested person before the court that requires their presence. This delay cannot be more than twenty-four hours, excluding travel time from the place of arrest to the Magistrate's Court. 79. Where warrant may be executed. A warrant of arrest can be executed anywhere in India. 80. Warrant forwarded for execution outside jurisdiction. (1) When a warrant needs to be executed outside the issuing court's jurisdiction, the court can forward it to an Executive Magistrate, District Superintendent of Police, or Commissioner of Police in the jurisdiction where it is to be executed. This officer will endorse the warrant with their name and have it executed. (2) The issuing court must also send a summary of the information against the person to be arrested, along with any documents needed to help the court acting under section 83 decide on bail. 81. Warrant directed to police officer for execution outside jurisdiction. (1) A police officer who has a warrant to execute beyond the issuing court's local jurisdiction should normally take it for endorsement to an Executive Magistrate or a police officer of at least the rank of a station in-charge within that jurisdiction. (2) The Magistrate or police officer will endorse the warrant, which provides the authority to execute it, and the local police must assist if needed. (3) If there is a reason to believe that obtaining the endorsement would cause a delay that prevents the execution of the warrant, the police officer to whom the warrant is directed can execute it without the endorsement in any place beyond the local jurisdiction of the issuing court. 82. Procedure on arrest of person against whom warrant issued. (1) If a warrant is executed outside the district where it was issued, the arrested person must be taken before an Executive Magistrate, District Superintendent of Police, or Commissioner of Police, unless the issuing court is within thirty kilometres or closer, or if security is taken under section 73. (2) The police officer must immediately inform the designated police officer in the district and the officer in the district where the arrested person normally lives about the arrest and the location where they are being held. 83. Procedure by Magistrate before whom such person arrested is brought. (1) The Executive Magistrate or other officer, if they believe the arrested person is the person intended by the warrant, must order their removal into custody to the issuing court. However, if the offence is bailable and the person is willing to give bail, or if the warrant has a direction under section 73 for taking security and the person is willing to give it, the Magistrate or officer must take the bail bond or security and forward it to the issuing court. If the offence is non-bailable, the Chief Judicial Magistrate or Sessions Judge of the district where the arrest was made can release the person on bail after reviewing the information and documents mentioned in section 80(2). (2) This section does not prevent a police officer from taking security under section 73. C. Proclamation and attachment 84. Proclamation for person absconding. (1) If a court has reason to believe that a person for whom a warrant has been issued is absconding or hiding to avoid execution of the warrant, the court can publish a written proclamation requiring them to appear at a specific time and place, not less than thirty days from the publication date. (2) The proclamation must be published by: (a) being read publicly in a conspicuous place in the person's town or village; (b) being affixed to a conspicuous part of the person's house or homestead, or to a conspicuous place in the town or village; and (c) having a copy affixed to a conspicuous part of the courthouse. The court may also, if it thinks fit, have a copy published in a daily newspaper circulating in the person's area of residence. (3) A written statement by the court that the proclamation was duly published on a specified day will be conclusive evidence that the requirements of this section have been met. (4) If the proclamation is for a person accused of an offence punishable with ten years, life imprisonment, or death under the Bharatiya Nyaya Sanhita, 2023, or any other law, and the person fails to appear, the court may, after an inquiry,declare them a proclaimed offender. (5) The provisions of sub-sections (2) and (3) apply to this declaration in the same way they apply to the proclamation. 85. Attachment of property of person absconding. (1) After issuing a proclamation under section 84, the court can, for reasons recorded in writing, order the attachment of any of the proclaimed person's movable or immovable property. If the court is satisfied that the person is about to dispose of or remove their property, it can order the attachment at the same time it issues the proclamation. (2) The order authorizes the attachment of property within the district where it is made. To attach property outside that district, the order must be endorsed by the District Magistrate of the district where the property is located. (3) If the property is a debt or other movable property, attachment can be done by seizure, appointing a receiver, or an order prohibiting the delivery of the property to the proclaimed person or their representative, or by a combination of these methods. (4) If the property is immovable land, attachment will be done through the Collector of the district for land paying revenue to the State Government. In all other cases, it can be done by taking possession, appointing a receiver, an order prohibiting rent payment or property delivery, or a combination of these methods. (5) If the property is livestock or perishable, the court can order its immediate sale, and the proceeds will be subject to the court's order. (6) The powers, duties, and liabilities of a receiver appointed under this section are the same as those of a receiver appointed under the Code of Civil Procedure, 1908. 86. Identification and attachment of property of proclaimed person. A court can, upon a written request from a police officer of at least the rank of Superintendent of Police or Commissioner of Police, initiate a process to request assistance from a court or authority in a contracting State to identify, attach, and forfeit property belonging to a proclaimed person,following the procedure in Chapter VIII. 87. Claims and objections to attachment. (1) If a person other than the proclaimed person claims an interest in the attached property that is not liable to attachment, they can file a claim or objection within six months of the attachment date. This claim or objection can be continued by their legal representative if they die. (2) Claims or objections can be made in the court that issued the attachment order, or in the court of the Chief Judicial Magistrate in the district where the attachment was made, if the order was endorsed there. (3) The court where the claim or objection is filed must inquire into it. If it's the court of a Chief Judicial Magistrate, they can transfer it to a subordinate Magistrate for disposal. (4) A person whose claim is denied, in whole or in part, can file a suit to establish their right to the property within one year of the denial order. However, until such a suit is resolved, the order is conclusive. 88. Release, sale and restoration of attached property. (1) If the proclaimed person appears within the time specified in the proclamation, the court will order the property to be released from attachment. (2) If the person does not appear, the property will be at the disposal of the State Government. It cannot be sold for six months after the attachment, and until any claims or objections under section 87 are resolved, unless the property is perishable or the court believes a sale would benefit the owner. In those cases, the court can order a sale at any time. (3) If a person whose property was at the government's disposal appears voluntarily or is arrested within two years of the attachment date and proves they did not abscond to avoid the warrant and did not have enough notice to appear, the property (or the net proceeds of its sale) will be returned to them after deducting any costs from the attachment. 89. Appeal from order rejecting application for restoration of attached property. A person who is aggrieved by a refusal to return property under section 88(3) can appeal to the court to which appeals from the first court normally lie. D. Other rules regarding processes 90. Issue of warrant in lieu of, or in addition to, summons. A court can issue a warrant for a person's arrest, even if it is empowered to issue a summons, if it has reason to believe the person will not obey the summons, or if they fail to appear and the summons was duly served. 91. Power to take bond or bail bond for appearance. If a person for whom a summons or warrant could be issued is present in court, the presiding officer can require them to execute a bond or bail bond for their appearance in that court or any other court to which the case may be transferred. 92. Arrest on breach of bond or bail bond for appearance. If a person bound by a bond or bail bond to appear in court fails to do so, the presiding officer can issue a warrant for their arrest and production before the court. 93. Provisions of this Chapter generally applicable to summons and warrants of arrest. The provisions of this chapter regarding summons and warrants, and their issuance, service, and execution, apply to every summons and arrest warrant issued under this Sanhita, as far as possible. CHAPTER VII: PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.-Summons to produce 94. Summons to produce document or other thing. (1) If a court or a police station in-charge believes a document,electronic communication, or other thing is necessary for an investigation, inquiry, or trial, the court can issue a summons or the officer can issue a written order (physical or electronic) to the person who has the item. The person is required to produce the item at the specified time and place. (2) A person who is only required to produce a document or thing is considered to have complied if they arrange for it to be produced instead of attending in person. (3) This section does not affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, or the Bankers' Books Evidence Act, 1891. It also does not apply to mail, postcards, or other items in the custody of postal authorities. 95. Procedure as to letters. (1) If a document, parcel, or thing held by a postal authority is needed for an investigation,inquiry, or trial, the District Magistrate, Chief Judicial Magistrate, Court of Session, or High Court can order the postal authority to deliver it to a person the Magistrate or Court directs. (2) If a lower-ranking Magistrate, Commissioner of Police, or District Superintendent of Police needs such an item, they can order the postal authority to search for it and detain it pending an order from a higher court or Magistrate under sub-section (1). B. Search-warrants 96. When search-warrant may be issued. (1) A court may issue a search-warrant if: (a) it believes a person who has received or could receive a summons under section 94 or a requisition under section 95(1) will not produce the required document or thing; or (b) the court doesn't know who has possession of the item; or (c) the court believes a general search or inspection is necessary for an inquiry, trial, or other proceeding. The person to whom the warrant is directed can then perform a search or inspection in accordance with it. (2) The court can specify in the warrant the particular place or part of a place to be searched or inspected, and the person executing the warrant must only search or inspect that specified area. (3) Only a District Magistrate or Chief Judicial Magistrate can grant a warrant to search for a document, parcel, or other thing held by a postal authority. 97. Search of place suspected to contain stolen property, forged documents, etc. (1) If a District Magistrate, Sub-divisional Magistrate, or first class Magistrate believes that a place is used for depositing or selling stolen property or objectionable articles, or that such an article is deposited there, they can issue a warrant to a police officer above the rank of constable to: (a) enter the place with assistance; (b) search the place as specified in the warrant; (c) seize any property or article they reasonably suspect is stolen or an objectionable article; (d) take the property or article to a Magistrate,guard it on the spot until the offender is taken to a Magistrate, or otherwise secure it; (e) take into custody any person found there who seems to have been involved in the deposit, sale, or production of the property or article, knowing or suspecting it to be stolen or objectionable. (2) The objectionable articles to which this section applies are: (a) counterfeit coins; (b) pieces of metal made or brought into India in violation of the Coinage Act, 2011, or the Customs Act, 1962; (c) counterfeit currency notes or stamps; (d) forged documents; (e) false seals; (f) obscene objects mentioned in section 294 of the Bharatiya Nyaya Sanhita, 2023; and (g) instruments or materials used to produce any of these articles. 98. Power to declare certain publications forfeited and to issue search-warrants for same. (1) If the State Government believes a newspaper, book, or document contains matter whose publication is punishable under specific sections of the Bharatiya Nyaya Sanhita, 2023 (like 152, 196, 197, 294, 295, or 299), it can, by notification stating the grounds for its opinion, declare all copies of that publication forfeited to the Government. A police officer can then seize these copies wherever they are found in India, and a Magistrate can issue a warrant authorizing a police officer (not below the rank of sub-inspector) to search for them. (2) In this section and in section 99, "newspaper" and "book" have the same meanings as in the Press and Registration of Books Act, 1867. "Document" includes paintings, drawings, photographs, or other visual representations. (3) An order or action taken under this section cannot be challenged in any court unless it is in accordance with the provisions of section 99. 99. Application to High Court to set aside declaration of forfeiture. (1) Any person with an interest in a newspaper,book, or other document that has been declared forfeited under section 98 can apply to the High Court within two months of the notification's publication to have the declaration set aside. The grounds for the application must be that the publication did not contain the matter referred to in section 98(1). (2) This application will be heard by a Special Bench of three Judges if the High Court has three or more Judges. If the High Court has fewer than three Judges, all of them will form the Special Bench. (3) During the hearing, a copy of the newspaper can be used as evidence to help prove the nature or tendency of the words, signs, or representations in question. (4) If the High Court is not satisfied that the publication contained the matter referred to in section 98(1), it will set aside the declaration of forfeiture. (5) If there is a difference of opinion among the Judges, the decision will be based on the opinion of the majority. 100. Search for persons wrongfully confined. If a District Magistrate, Sub-divisional Magistrate, or first class Magistrate has reason to believe a person is confined under circumstances that amount to an offence, they can issue a search-warrant. The person to whom the warrant is directed can search for the confined person, and if found, must immediately take them to a Magistrate who will issue an appropriate order. 101. Power to compel restoration of abducted females. Upon a sworn complaint of the abduction or unlawful detention of a woman or female child for an illegal purpose, a District Magistrate, Sub-divisional Magistrate, or first class Magistrate can order the immediate restoration of the woman to her freedom or the child to her parent, guardian, or legal custodian. They may use necessary force to compel compliance with the order. C. General provisions relating to searches 102. Direction, etc., of search-warrants. The provisions of sections 32, 72, 74, 76, 79, 80, and 81 apply as far as possible to all search-warrants issued under sections 96, 97, 98, or 100. 103. Persons in charge of closed place to allow search. (1) When a place is subject to a search or inspection under this chapter, the person in charge of it must, upon demand and production of the warrant, allow the officer to enter and provide reasonable facilities for the search. (2) If entry cannot be obtained this way, the officer can proceed in the manner provided by section 44(2). (3) If a person in or near the place is reasonably suspected of concealing an item that is being searched for, they may be searched. A woman must be searched by another woman with strict regard for decency. (4) Before a search is conducted, the officer must ask two or more independent and respectable local residents to witness the search and may issue a written order for them to do so. (5) The search must be conducted in their presence, and a list of all seized items and where they were found must be prepared and signed by the witnesses. A person who witnesses a search cannot be compelled to appear as a witness in court unless specifically summoned. (6) The occupant of the place or their representative must be allowed to attend the search, and a signed copy of the list of seized items must be given to them. (7) If a person is searched under sub-section (3), a list of all items taken from them must be prepared and a copy given to them. (8) A person who refuses to attend and witness a search when given a written order to do so, without a reasonable cause,is considered to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023. 104. Disposal of things found in search beyond jurisdiction. If things searched for are found outside the local jurisdiction of the issuing court, they must be immediately taken to the issuing court along with the list prepared under this chapter. However, if the place is closer to a Magistrate with jurisdiction over that area, the items and list should be taken to that Magistrate instead. This Magistrate will then order the items to be taken to the issuing court unless there is a good reason not to. D. Miscellaneous 105. Recording of search and seizure through audio-video electronic means. The process of searching a place, seizing property or items, and preparing the list of seized items must be recorded using audio-video electronic means, preferably a mobile phone. The police officer must, without delay, send the recording to the District Magistrate, Sub-divisional Magistrate, or Judicial Magistrate of the first class. 106. Power of police officer to seize certain property. (1) Any police officer can seize property that is suspected of being stolen or found under circumstances that create a suspicion that an offence has been committed. (2) A police officer who is subordinate to the police station in-charge must report the seizure to their superior immediately. (3) Every police officer who seizes property must report the seizure to the Magistrate with jurisdiction without delay. If the property cannot be easily transported or stored, or if its police custody is not necessary for the investigation, the officer can give custody to a person who executes a bond to produce the property in court when required and to follow the court's disposal orders. If the seized property is perishable and its value is less than five hundred rupees, the Superintendent of Police can order its immediate auction. The net proceeds of this sale will be handled according to sections 503 and 504. 107. Attachment, forfeiture or restoration of property. (1) A police officer investigating an offence, with the approval of the Superintendent of Police or Commissioner of Police, can apply to a court or Magistrate for the attachment of any property they believe was obtained from a criminal activity or an offence. (2) If the court or Magistrate believes the property is proceeds of crime, they may issue a notice to the person holding the property to show cause within fourteen days why an attachment order should not be made. (3) If the notice specifies that the property is held by another person on behalf of the accused, a copy of the notice must also be served on that other person. (4) After reviewing any explanation and other relevant facts, and after giving a reasonable opportunity to be heard, the court can issue an attachment order for the property found to be the proceeds of crime. If the person does not appear within fourteen days, the court can issue an ex parte order. (5) If the court believes that issuing a notice would defeat the purpose of the attachment, it can issue an interim ex parte order for attachment or seizure that remains in effect until an order under sub-section (6) is passed. (6) If the court finds the attached property is proceeds of crime, it will order the District Magistrate to distribute the proceeds proportionally to the people affected by the crime. (7) The District Magistrate must distribute the proceeds within sixty days of receiving the order, either themselves or through a subordinate officer. (8) If there are no claimants for the proceeds or a surplus remains after satisfying claimants, the proceeds are forfeited to the government. 108. Magistrate may direct search in his presence. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant. 109. Power to impound document, etc., produced. Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita. 110. Reciprocal arrangements regarding processes. (1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said territories) desires that— (a) a summons to an accused person; or (b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by it shall be served or executed at any place,— (i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 70 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories; (ii) in any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf. (2) Where a Court in the said territories has received for service or execution— (a) a summons to an accused person; or(b) a warrant for the arrest of an accused person; or (c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or (d) a search-warrant, issued by (I) a Court in any State or area in India outside the said territories; (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where— (i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure specified by sections 82 and 83; (ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure specified by section 104: Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search-warrant through such authority as the Central Government may, by notification, specify in this behalf. CHAPTER VIII: RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR Attachment And Forfeiture Of Property 111. Definitions. —In this Chapter, unless the context otherwise requires,— (a) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise; (b) “identifying” includes establishment of a proof that the property was derived from, or used in, the commission of an offence; (c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property; (d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime; (e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property. 112. Letter of request to competent authority for investigation in a country or place outside India. (1) If, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter. (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf. (3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Sanhita. 113. Letter of request from a country or place outside India to a Court or an authority for investigation in India.              (1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit— (i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or (ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India. 114. Assistance in securing transfer of persons.— (1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed. (2) If , in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed. (3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits. (4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit. (5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing. 115. Assistance in relation to orders of attachment or forfeiture of property. (1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive). (2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order. (3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force. 116. Identifying unlawfully acquired property.— (1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf. 117. Seizure or attachment of property. (1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made. 118. Management of properties seized or forfeited under this Chapter.— (1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section (1) of section 117 or under section 120 in such manner and subject to such conditions as may be specified by the Central Government. (3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government. 119. Notice of forfeiture of property.— (1) If as a result of the inquiry, investigation or survey under section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government. (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. 120. Forfeiture of property in certain cases.— (1) The Court may, after considering the explanation, if any, to the show-cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1). (3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances. (4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 2013 (18 of 2013) or the Articles of Association of the company, forthwith register the Central Government as the transferee of such shares. 121. Fine in lieu of forfeiture.— (1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 120 and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released. 122. Certain transfers to be null and void. —Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void. 123. Procedure in respect of letter of request. —Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf. 124. Application of this Chapter. —The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification. CHAPTER IX: SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 125. Security for keeping peace on conviction.— (1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are— (a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision. 126. Security for keeping peace in other cases.— (1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit. (2) Proceedings under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act as aforesaid beyond such jurisdiction. 127. Security for good behaviour from persons disseminating certain matters.— (1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,— (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,— (a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); or (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023; (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf. 128. Security for good behaviour from suspected persons. —When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. 129. Security for good behaviour from habitual offenders. —When an Executive Magistrate receives information that there is within his local jurisdiction a person who— (a) is by habit a robber, house-breaker, thief, or forger; or (b) is by habit a receiver of stolen property knowing the same to have been stolen; or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or (f) habitually commits, or attempts to commit, or abets the commission of— (i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940 (23 of 1940.); (b) the Foreigners Act, 1946 (31 of 1946); (c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952); (d) the Essential Commodities Act, 1955 (10 of 1955); (e) the Protection of Civil Rights Act, 1955 (22 of 1955); (f) the Customs Act, 1962 (52 of 1962); (g) the Food Safety and Standards Act, 2006 (34 of 2006); or (ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit. 130. Order to be made.— When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties. 131. Procedure in respect of person present in Court. —If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him. 132. Summons or warrant in case of person not so present.— If such person is not present in Court, the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant directing the officer in whose custody he is to bring him before the Court: Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other information (the substance of which report or information shall be recorded by the Magistrate), that there is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a warrant for his arrest. 133. Copy of order to accompany summons or warrant.— Every summons or warrant issued under section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be delivered by the officer serving or executing such summons or warrant to the person served with, or arrested under, the same. 134. Power to dispense with personal attendance.— The Magistrate may, if he sees sufficient cause, dispense with the personal attendance of any person called upon to show cause why he should not be ordered to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate. 135. Inquiry as to truth of information. (1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour untilthe conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, indefault of execution, until the inquiry is concluded: Provided that—  (a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130. (4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he issatisfied that it was not based on any special reason or was perverse. 136. Order to give security.— If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130; (b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties. 137. Discharge of person informed against. —If, on an inquiry under section 135, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him. 138. Commencement of period for which security is required.— (1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date. 139. Contents of bond. —The bond or bail bond to be executed by any such person shall bind him to keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be committed, is a breach of the bond or bail bond. 140. Power to reject sureties.— (1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bail bond: Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. (2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him. (3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him. 141. Imprisonment in default of security.— (1)      (a) If any person ordered to give security under section 125 or section 136 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it; (b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successor- in-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond or bail bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law. (2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court. (3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit: Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. (4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security. (5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings. (6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate. (7) Imprisonment for failure to give security for keeping the peace shall be simple. (8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 127, be simple, and, where the proceedings have been taken under section 128 or section 129, be rigorous or simple as the Court or Magistrate in each case directs. 142. Power to release persons imprisoned for failing to give security.— (1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged. (2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required. (3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts: Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired. (4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge may be made. (5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same. (6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case. (7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo such unexpired portion. (8) A person remanded to prison under sub-section (7) shall, subject to the provisionsof section 141, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor. (9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district. (10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it. 143. Security for unexpired period of bond.— (1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond or bail bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. (2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be deemed to be an order made under section 125 or section 136, as the case may be. CHAPTER X: ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 144. Order for maintenance of wives, children and parents.— (1) If any person having sufficient means neglects or refuses to maintain— (a) his wife, unable to maintain herself; or (b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct: Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means: Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct: Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. Explanation. —For the purposes of this Chapter, “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried. (2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be. (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation. —If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife's refusal to live with him. (4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order. 145. Procedure.—  (1) Proceedings under section 144 may be taken against any person in any district— (a) where he is; or (b) where he or his wife resides; or (c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child; or (d) where his father or mother resides. (2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or willfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper. (3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just. 146. Alteration in allowance.— (1) On proof of a change in the circumstances of any person, receiving, under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be. (2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly. (3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— (a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage; (b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,— (i) in the case where such sum was paid before such order, from the date on which such order was made; (ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman; (c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof. (4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order. 147. Enforcement of order of maintenance.— A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due. CHAPTER XI: MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.—Unlawful assemblies 148. Dispersal of assembly by use of civil force. (1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly. (2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law. 149. Use of armed forces to disperse assembly.— (1) If any assembly referred to in sub-section (1) ofsection 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces. (2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law. (3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons. 150. Power of certain armed force officers to disperse assembly.— When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action. 151. Protection against prosecution for acts done under sections 148, 149 and 150.— (1) No prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except— (a) with the sanction of the Central Government where such person is an officer or member of the armed forces; (b) with the sanction of the State Government in any other case. (2)      (a) No Executive Magistrate or police officer acting under any of the said sections in good faith;            (b) no person doing any act in good faith in compliance with a requisition under section 148 or section 149; (c) no officer of the armed forces acting under section 150 in good faith; (d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence. (3) In this section and in the preceding sections of this Chapter,— (a) the expression “armed forces” means the army, naval and air forces, operating as land forces and includes any other armed forces of the Union so operating; (b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non-commissioned officer and a non-gazetted officer; (c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer. B.—Public nuisances 152. Conditional order for removal of nuisance. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers— (a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or (b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or (c) that the construction of any building, or, the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or (d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or (e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or (f) that any dangerous animal should be destroyed, confined or otherwise disposed of, such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order (i) to remove such obstruction or nuisance; or (ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or (iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or (iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or (v) to fence such tank, well or excavation; or (vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute. (2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. Explanation. —A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. 153. Service or notification of order.— (1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of summons. (2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person. 154. Person to whom order is addressed to obey or show cause. — The person against whom such order is made shall— (a) perform, within the time and in the manner specified in the order, the act directed thereby; or (b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing. 155. Penalty for failure to comply with section 154. —If the person against whom an order is made under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute. 156. Procedure where existence of public right is denied.— (1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter. (2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157. (3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial. 157. Procedure where person against whom order is made under section 152 appears to show cause. (1) If the person against whom an order under section 152 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case. (2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification. (3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case: Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days. 158. Power of Magistrate to direct local investigation and examination of an expert. —  The Magistrate may, for the purposes of an inquiry under section 156 or section 157— (a) direct a local investigation to be made by such person as he thinks fit; or (b) summon and examine an expert. 159. Power of Magistrate to furnish written instructions, etc.— (1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate may— (a) furnish such person with such written instructions as may seem necessary for his guidance; (b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid. (2) The report of such person may be read as evidence in the case. (3) Where the Magistrate summons and examines an expert under section 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid. 160. Procedure on order being made absolute and consequences of disobedience.— (1) When an order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023. (2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate's local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found. (3) No suit shall lie in respect of anything done in good faith under this section. 161. Injunction pending inquiry.— (1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter. (2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. (3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section. 162. Magistrate may prohibit repetition or Continuance of public nuisance.— A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law. C.—Urgent cases of nuisance or apprehended danger 163. Power to issue order in urgent cases of nuisance or apprehended danger.— (1) In cases where, in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray. (2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte. (3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area. (4) No order under this section shall remain in force for more than two months from the making thereof: Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification. (5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office. (6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4). (7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing. D.—Disputes as to immovable property 164. Procedure where dispute concerning land or water is likely to cause breach of peace.— (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on aspecified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute. (2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property. (3) A copy of the order shall be served in the manner provided by this Sanhita for the service of summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute. (4) The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub-section (1), in possession of the subject of dispute: Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1). (5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final. (6)      (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed; (b) the order made under this sub-section shall be served and published in the manner laid down in sub- section (3). (7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto. (8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. (9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing. (10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 126. 165. Power to attach subject of dispute and to appoint receiver.— (1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 164, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof: Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute. (2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908): Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate— (a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him; (b) may make such other incidental or consequential orders as may be just. 166. Dispute concerning right of use of land or water.— (1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specified date and time and to put in written statements of their respective claims. Explanation. —For the purposes of this sub-section, the expression "land or water" has the meaning given to it in sub-section (2) of section 164. (2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 164 shall, so far as may be, apply in the case of such inquiry. (3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt. (4) When in any proceedings commenced under sub-section (1) of section 164 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1), and when in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under section 164, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 164. 167. Local inquiry.— (1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid. (2) The report of the person so deputed may be read as evidence in the case. (3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court may consider reasonable. CHAPTER XII: PREVENTIVE ACTION OF THE POLICE 168. Police to prevent cognizable offences. —Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. 169. Information of design to commit cognizable offences. —Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence. 170. Arrest to prevent commission of cognizable offences.— (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force. 171. Prevention of injury to public property. —A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation. 172. Persons bound to conform to lawful directions of police.— (1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter. (2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section (1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours. CHAPTER XIII: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 173. Information in cognizable cases.— (1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— (i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; (ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be videographed; (c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. (3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,— (i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case. (4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate. 174. Information as to non-cognizable cases and investigation of such cases.— (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,— (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. 175. Police officer’s power to investigate cognizable case.— (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV: Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned. (4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to— (a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and (b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged. 176. Procedure for investigation.— (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender: Provided that— (a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case: Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone. (2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government. (3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device: Provided that where forensic facility is not available in respect of any such offence, the State Government shall, until the facility in respect of that matter is developed or made in the State, notify the utilisation of such facility of any other State. 177. Report how submitted.— (1) Every report sent to a Magistrate under section 176 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate. 178. Power to hold investigation or preliminary inquiry. —The Magistrate, on receiving a report under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita. 179. Police officer's power to require attendance of witnesses.— (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides: Provided further that if such person is willing to attend at the police station, such person may be permitted so to do. (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. 180. Examination of witnesses by police.— (1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer. 181. Statements to police and use thereof.— (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam. Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact. 182. No inducement to be offered.— (1) No police officer or other person in authority shall offer ormake, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023. (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183. 183. Recording of confessions and statements.— (1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial: Provided that any confession or statement made under this sub-section may also be recorded by audio- video electronic means in the presence of the advocate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. (4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:— “I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A. B. Magistrate.. (5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. (6)       (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman: Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer: Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone; (b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. (7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried. 184. Medical examination of victim of rape.— (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. (2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the woman and of the person by whom she was brought; (ii) the age of the woman; (iii) the description of material taken from the person of the woman for DNA profiling; (iv) marks of injury, if any, on the person of the woman; (v) general mental condition of the woman; and (vi) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section. (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. Explanation.—For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as respectively assigned to them in section 51. 185. Search by police officer.— (1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station. (2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person: Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone. (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place. (4) The provisions of this Sanhita as to search-warrants and the general provisions as to searches contained in section 103 shall, so far as may be, apply to a search made under this section. (5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate. 186. When officer in charge of police station may require another to issue search-warrant.— (1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station. (2) Such officer, on being so required, shall proceed according to the provisions of section 185, and shall forward the thing found, if any, to the officer at whose request the search was made. (3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 185, as if such place were within the limits of his own police station. (4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub- sections (1) and (3) of section 185. (5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section (4). 187. Procedure when investigation cannot be completed in twenty-four hours.— (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate. (2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction. (3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding— (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more; (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter. (4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means. (5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail. Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be: Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution: Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government. (6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub- section, shall be taken into account in computing the period specified in sub-section (3): Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be. (7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing. (8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate. (9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary. (10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. 188. Report of investigation by subordinate police officer. —When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station. 189. Release of accused when evidence deficient. —If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable round of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial. 190. Cases to be sent to Magistrate, when evidence is sufficient.— (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed: Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody. (2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused. (3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons. (4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report. 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.—  No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed. 192. Diary of proceedings in investigation.— (1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. (2) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary. (3) The diary referred to in sub-section (1) shall be a volume and duly paginated. (4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. (5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 148 or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply. 193. Report of police officer on completion of investigation.— (1) Every investigation under this Chapter shall be completed without unnecessary delay. (2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station. (3)    (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating— (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on his bond or bail bond; (g) whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim; (iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given. (4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation. (5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit. (6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report— (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses. (7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230: Provided that supply of report and other documents by electronic communication shall be considered as duly served. (9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court. 194. Police to enquire and report on suicide, etc.— (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty- four hours. (3) When— (i) the case involves suicide by a woman within seven years of her marriage; or (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or (v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical person appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub- divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. 195. Power to summon persons.— (1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides: Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do. (2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate's Court. 196. Inquiry by Magistrate into cause of death.— (1) When the case is of the nature referred to inclause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. (2) Where,— (a) any person dies or disappears; or (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorisedby the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed. (3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter specified according to the circumstances of the case. (4) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined. (5) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. (6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-section (2) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing. Explanation. —In this section, the expression "relative" means parents, children, brothers, sisters and spouse. CHAPTER XIV: JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 197. Ordinary place of inquiry and trial. —Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed. 198. Place of inquiry or trial.— (a) When it is uncertain in which of several local areas an offence was committed; or (b) where an offence is committed partly in one local area and partly in another; or (c) where an offence is a continuing one, and continues to be committed in more local areas than one; or (d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas. 199. Offence triable where act is done or consequence ensues.— When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued. 200. Place of trial where act is an offence by reason of relation to other offence.— When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done. 201. Place of trial in case of certain offences.— (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found. (2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. (3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which isthe subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property. (4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person. (5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property. 202. Offences committed by means of electronic communications, letters, etc.— (1) Any offence which includes cheating, may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person. (2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent residence after the commission of the offence. 203. Offence committed on journey or voyage.— When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage. 204. Place of trial for offences triable together.—Where— (a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or (b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences. 205. Power to order cases to be tried in different sessions divisions. —Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division: Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force. 206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.— Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided— (a) if the Courts are subordinate to the same High Court, by that High Court; (b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued. 207. Power to issue summons or warrant for offence committed beyond local jurisdiction.— (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under any law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond or bail bond for his appearance before the Magistrate having such jurisdiction. (2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court. 208. Offence committed outside India.—When an offence is committed outside India— (a) by a citizen of India, whether on the high seas or elsewhere; or (b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found or where the offence is registered in India: Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government. 209. Receipt of evidence relating to offences committed outside India. —When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate. CHAPTER XV: CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 210. Cognizance of offences by Magistrate.— (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence— (a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence; (b) upon a police report (submitted in any mode including electronic mode) of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try. 211. Transfer on application of accused.— When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf. 212. Making over of cases to Magistrates.— (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him. (2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial. 213. Cognizance of offences by Court of Session.— Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita. 214. Additional Sessions Judges to try cases made over to them.— An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try. 215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.— (1) No Court shall take cognizance— (a)       (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or (ii) of any abetment of, or attempt to commit, such offence; or (iii) of any criminal conspiracy to commit such offence, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate or of some other public servant who is authorised by the concerned public servant so to do; (b)      (i) of any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and 267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court; or (ii) of any offence described in sub-section (1) of section 336, or punishable under sub-section (2) of section 340 or section 342 of the said Sanhita, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court; or (iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii), except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. 216. Procedure for witnesses in case of threatening, etc. —A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023. 217. Prosecution for offences against State and for criminal conspiracy to commit such offence.— (1) No Court shall take cognizance of— (a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence; or (c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except with the previous sanction of the Central Government or of the State Government. (2) No Court shall take cognizance of— (a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or (b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate. (3) No Court shall take cognizance of the offence of any criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings: Provided that where the criminal conspiracy is one to which the provisions of section 215 apply, no such consent shall be necessary. (4) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (2) and the District Magistrate may, before according sanction under sub-section (2) and the State Government or the District Magistrate may, before giving consent under sub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 174. 218. Prosecution of Judges and public servants.— (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)— (a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government; (b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government: Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression “Central Government” were substituted: Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government: Provided also that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023. (2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government. (3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "Central Government" occurring therein, the expression "State Government" were substituted. (4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government. (5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held. 219. Prosecution for offences against marriage.— (1) No Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that— (a) where such person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf; (b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf; (c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or mother's brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. (2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023. (3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard. (4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband. (5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence. (6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence. 220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.— No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. 221. Cognizance of offence.— No Court shall take cognizance of an offence punishable under section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband. 222. Prosecution for defamation.— (1) No Court shall take cognizance of an offence punishable under section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence: Provided that where such person is a child, or is of unsound mind or is having intellectual disability or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf. (2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. (3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him. (4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous sanction— (a) of the State Government,— (i) in the case of a person who is or has been the Governor of that State or a Minister of that Government; (ii) in the case of any other public servant employed in connection with the affairs of the State; (b) of the Central Government, in any other case. (5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed. (6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint. CHAPTER XVI: COMPLAINTS TO MAGISTRATES 223. Examination of complainant.— (1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard: Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesse:  (a) if a public servant acting or purporting to act in the discharge of his official duties or a Court has made the complaint; or (b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212: Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them. (2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless— (a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and (b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received. 224. Procedure by Magistrate not competent to take cognizance of case. —If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,— (a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect; (b) if the complaint is not in writing, direct the complainant to the proper Court. 225. Postponement of issue of process.— (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding: Provided that no such direction for investigation shall be made,— (a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223. (2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath: Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. (3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant. 226. Dismissal of complaint.— If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing. CHAPTER XVII: COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 227. Issue of process.— (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be— (a) a summons-case, he shall issue summons to the accused for his attendance; or (b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction: Provided that summons or warrants may also be issued through electronic means. (2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the prosecution witnesses has been filed. (3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint. (4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint. (5) Nothing in this section shall be deemed to affect the provisions of section 90. 228. Magistrate may dispense with personal attendance of accused.— (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate. (2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided. 229. Special summons in cases of petty offence.— (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by an advocate before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate: Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees. (2) For the purposes of this section, “petty offence” means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988 (59 of 1988), or under any other law which provides for convicting the accused person in his absence on a plea of guilty. (3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 359 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice. 230. Supply to accused of copy of police report and other documents.— In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:— (i) the police report; (ii) the first information report recorded under section 173; (iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193; (iv) the confessions and statements, if any, recorded under section 183; (v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided also that supply of documents in electronic form shall be considered as duly furnished. 231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.— Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:— (i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate; (ii) the statements and confessions, if any, recorded under section 180 or section 183; (iii) any documents produced before the Magistrate on which the prosecution proposes to rely: Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court: Provided further that supply of documents in electronic form shall be considered as duly furnished. 232. Commitment of case to Court of Session when offence is triable exclusively by it. —When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— (a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made; (b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial; (c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence; (d) notify the Public Prosecutor of the commitment of the case to the Court of Session: Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing: Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case. 233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence.— (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation. (2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report. (3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Sanhita. CHAPTER XVIII: THE CHARGE A.—Form of charges 234. Contents of charge.— (1) Every charge under this Sanhita shall state the offence with which the accused is charged. (2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only. (3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged. (4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. (5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case. (6) The charge shall be written in the language of the Court. (7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed. Illustrations. (a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it. (b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not apply to it. (c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false property- mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal intimidation, or that he used a false propertymark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each instance be referred to in the charge. (d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words. 235. Particulars as to time, place and person.— (1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged. (2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 242: Provided that the time included between the first and last of such dates shall not exceed one year. 236. When manner of committing offence must be stated.— When the nature of the case is such that the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose. Illustrations. (a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected. (b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B. (c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false. (d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions. (e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B. (f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed. 237. Words in charge taken in sense of law under which offence is punishable. —In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable. 238. Effect of errors.— No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice. Illustrations. (a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material. (b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material. (c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error. (d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial. (e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material. 239. Court may alter charge.— (1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused. (3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. (4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary. (5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded. 240. Recall of witnesses when charge altered. —Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed— (a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice; (b) also to call any further witness whom the Court may think to be material. B.—Joinder of charges 241. Separate charges for distinct offences.— (1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately: Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person. (2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246. Illustration. A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt. 242. Offences of same kind within year may be charged together.— (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding five. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law: Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence. 243. Trial for more than one offence.— (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence. (2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section 235 or in sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence. (3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences. (4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts. (5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023. Illustrations to sub-section (1).    (a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sub-section (2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023. (b) A commits house-breaking by day with intent to commit rape, and commits, in the house so entered, rape with B's wife. A may be separately charged with, and convicted of, offences under section 64 and sub- section (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023. (c) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 337 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the possession of each seal under sub-section (2) of section 341 of the Bharatiya Nyaya Sanhita, 2023. (d) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 248 of the Bharatiya Nyaya Sanhita, 2023. (e) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 230 and 248 of the Bharatiya Nyaya Sanhita, 2023. (f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sub-section (2) of section 117, sub-section (2) of section 191 and section 195 of the Bharatiya Nyaya Sanhita, 2023. (g) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023. The separate charges referred to in illustrations (a) to (g), respectively, may be tried at the same time. Illustrations to sub-section (3) (h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya Sanhita, 2023. (i) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with, and convicted of, offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023. (j) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with, and convicted of, offences under sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023. (k) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, offences under section 233 and sub-section (2) of section 340 (read with section 337) of that Sanhita. Illustration to sub-section (4) (l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and sub-sections (2) and (4) of section 309 of the Bharatiya Nyaya Sanhita, 2023. 244. Where it is doubtful what offence has been committed.— (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed someone of the said offences. (2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it. Illustrations (a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating. (b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence. (c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false. 245. When offence proved included in offence charged.— (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it. (2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. (3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged. (4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. Illustrations (a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2) of section 316. (b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita. 246. What persons may be charged jointly. —The following persons may be charged and tried together, namely:— (a) persons accused of the same offence committed in the course of the same transaction; (b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence; (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 months; (d) persons accused of different offences committed in the course of the same transaction; (e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence; (f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been transferred by one offence; (g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges: Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together. 247. Withdrawal of remaining charges on conviction on one of several charges.— When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn. CHAPTER XIX: TRIAL BEFORE A COURT OF SESSION 248. Trial to be conducted by Public Prosecutor. —In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. 249. Opening case for prosecution.— When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused. 250. Discharge.— (1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232. (2) If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. 251. Framing of charge.— (1) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which— (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused present either physically or through audio-video electronic means and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried. 252. Conviction on plea of guilty. —If the accused pleads guilty, the Judge shall record the plea and may, in his discretion, convict him thereon. 253. Date for prosecution evidence. —If the accused refuses to plead, or does not plead, or claims to be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, and may, on the application of the prosecution, issue any process for compelling the attendance of any witness or the production of any document or other thing. 254. Evidence for prosecution.— (1) On the date so fixed, the Judge shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic means. (2) The deposition of evidence of any public servant may be taken through audio-video electronic means. (3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination. 255. Acquittal. —If, after taking the evidence for the prosecution, examining the accused and hearing the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused committed the offence, the Judge shall record an order of acquittal. 256. Entering upon defence.— (1) Where the accused is not acquitted under section 255, he shall be called upon to enter on his defence and adduce any evidence he may have in support thereof. (2) If the accused puts in any written statement, the Judge shall file it with the record. (3) If the accused applies for the issue of any process for compelling the attendance of any witness or the production of any document or thing, the Judge shall issue such process unless he considers, for reasons to be recorded, that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice. 257. Arguments. —When the examination of the witnesses (if any) for the defence is complete, the prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply: Provided that where any point of law is raised by the accused or his advocate, the prosecution may, with the permission of the Judge, make his submissions with regard to such point of law. 258. Judgment of acquittal or conviction.— (1) After hearing arguments and points of law (if any), the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded in writing. (2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law. 259. Previous conviction. — In a case where a previous conviction is charged under the provisions of sub-section (7) of section 234, and the accused does not admit that he has been previously convicted as alleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section 258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under section 252 or section 258. 260. Procedure in cases instituted under sub-section (2) of section 222.— (1) A Court of Session taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of Magistrate: Provided that the person against whom the offence is alleged to have been committed shall, unless the Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. (2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court thinks fit so to do. (3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that there was no reasonable cause for making the accusation against them or any of them, it may, by its order of discharge or acquittal, direct the person against whom the offence was alleged to have been committed (other than the President, the Vice-President or the Governor of a State or the Administrator of a Union territory) to show cause why he should not pay compensation to such accused or to each or any of such accused, when there are more than one. (4) The Court shall record and consider any cause which may be shown by the person so directed, and if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may determine, be paid by such person to the accused or to each or any of them. (5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a Magistrate. (6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made under this section: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the order, in so far as it relates to the payment of compensation, to the High Court. (8) When an order for payment of compensation to an accused person is made, the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided. CHAPTER XX: TRIAL OF WARRANT-CASES BY MAGISTRATES A.—Cases instituted on a police report 261. Compliance with section 230. —When, in any warrant-case instituted on a police report, the accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall satisfy himself that he has complied with the provisions of section 230. 262. When accused shall be discharged.— (1) The accused may prefer an application for discharge within a period of sixty days from the date of supply of copies of documents under section 230. (2) If, upon considering the police report and the documents sent with it under section 193 and making such examination, if any, of the accused, either physically or through audio-video electronic means, as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing. 263. Framing of charge.— (1) If, upon such consideration, examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused within a period of sixty days from the date of first hearing on charge. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried. 264. Conviction on plea of guilty. — If the accused pleads guilty, the Magistrate shall record the plea and may, in his discretion, convict him thereon. 265. Evidence for prosecution.— (1) If the accused refuses to plead or does not plead, or claims to be tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for the examination of witnesses:  Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded during investigation by the police. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. (3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in support of the prosecution: Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any other witness or witnesses have been examined or recall any witness for further cross-examination: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. 266. Evidence for defence.— (1) The accused shall then be called upon to enter upon his defence and produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the record. (2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination, or the production of any document or other thing, the Magistrate shall issue such process unless he considers that such application should be refused on the ground that it is made for the purpose of vexation or delay or for defeating the ends of justice and such ground shall be recorded by him in writing: Provided that when the accused has cross-examined or had the opportunity of cross-examining any witness before entering on his defence, the attendance of such witness shall not be compelled under this section, unless the Magistrate is satisfied that it is necessary for the ends of justice: Provided further that the examination of a witness under this sub-section may be done by audio-video electronic means at the designated place to be notified by the State Government. (3) The Magistrate may, before summoning any witness on an application under sub-section (2), require that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited in Court. B.—Cases instituted otherwise than on police report 267. Evidence for prosecution.— (1) When, in any warrant-case instituted otherwise than on a police report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution. (2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses directing him to attend or to produce any document or other thing. 268. When accused shall be discharged.— (1) If, upon taking all the evidence referred to in section 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him. (2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be groundless. 269. Procedure where accused is not discharged.— (1) If, when such evidence has been taken, or at any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty or has any defence to make. (3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict him thereon. (4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. (5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination and re-examination (if any), they shall be discharged. (6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross- examination and re-examination (if any), they shall also be discharged. (7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured for cross-examination, it shall be deemed that such witness has not been examined for not being available, and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed with the case on the basis of the materials on record. 270. Evidence for defence. —The accused shall then be called upon to enter upon his defence and produce his evidence; and the provisions of section 266 shall apply to the case. C.—Conclusion of trial 271. Acquittal or conviction.— (1) If, in any case under this Chapter in which a charge has been framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal. (2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law. (3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub- section (7) of section 234 and the accused does not admit that he has been previously convicted as alleged in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the alleged previous conviction, and shall record a finding thereon: Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, unless and until the accused has been convicted under sub-section (2). 272. Absence of complainant. —When the proceedings have been instituted upon complaint, and on any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time before the charge has been framed, discharge the accused. 273. Compensation for accusation without reasonable cause.— (1) If, in any case instituted upon complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground for making the accusation against them or any of them, the Magistrate may, by his order of discharge or acquittal, if the person upon whose complaint or information the accusation was made is present, call upon him forthwith to show cause why he should not pay compensation to such accused or to each or any of such accused when there are more than one; or, if such person is not present, direct the issue of a summons to him to appear and show cause as aforesaid. (2) The Magistrate shall record and consider any cause which such complainant or informant may show, and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be recorded, make an order that compensation to such amount, not exceeding the amount of fine he is empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to each or any of them. (3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), further order that, in default of payment, the person ordered to pay such compensation shall undergo simple imprisonment for a period not exceeding thirty days. (4) When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply. (5) No person who has been directed to pay compensation under this section shall, by reason of such order, be exempted from any civil or criminal liability in respect of the complaint made or information given by him: Provided that any amount paid to an accused person under this section shall be taken into account in awarding compensation to such person in any subsequent civil suit relating to the same matter. (6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such complainant or informant had been convicted on a trial held by such Magistrate. (7) When an order for payment of compensation to an accused person is made in a case which is subject to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and where such order is made in a case which is not so subject to appeal the compensation shall not be paid before the expiration of one month from the date of the order. (8) The provisions of this section apply to summons-cases as well as to warrant-cases. CHAPTER XXI: TRIAL OF SUMMONS-CASES BY MAGISTRATES 274. Substance of accusation to be stated.— When in a summons-case the accused appears or is brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to frame a formal charge: Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons in writing, release the accused and such release shall have the effect of discharge. 275. Conviction on plea of guilty. —If the accused pleads guilty, the Magistrate shall record the plea as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon. 276. Conviction on plea of guilty in absence of accused in petty cases.— (1) Where a summons has been issued under section 229 and the accused desires to plead guilty to the charge without appearing before the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and also the amount of fine specified in the summons. (2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be adjusted towards that fine, or where an advocate authorised by the accused in this behalf pleads guilty on behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid. 277. Procedure when not convicted. (1) If the Magistrate does not convict the accused under section 275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may be produced in support of the prosecution, and also to hear the accused and take all such evidence as he produces in his defence. (2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a summons to any witness directing him to attend or to produce any document or other thing. (3) The Magistrate may, before summoning any witness on such application, require that the reasonable expenses of the witness incurred in attending for the purposes of the trial be deposited in Court. 278. Acquittal or conviction.— (1) If the Magistrate, upon taking the evidence referred to in section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds the accused not guilty, he shall record an order of acquittal. (2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law. (3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be prejudiced thereby. 279. Non-appearance or death of complainant. (1) If the summons has been issued on complaint, and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: Provided that where the complainant is represented by an advocate or by the officer conducting the prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not necessary, the Magistrate may, dispense with his attendance and proceed with the case. (2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the non-appearance of the complainant is due to his death. 280. Withdrawal of complaint. —If a complainant, at any time before a final order is passed in any case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom the complaint is so withdrawn. 281. Power to stop proceedings in certain cases. —In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge. 282. Power of Court to convert summonscases into warrant-cases. —When in the course of the trial of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months, it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been examined. CHAPTER XXII: SUMMARY TRIALS 283. Power to try summarily.— (1) Notwithstanding anything contained in this Sanhita— (a) any Chief Judicial Magistrate; (b) Magistrate of the first class, shall try in a summary way all or any of the following offences:— (i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees; (ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees; (iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty thousand rupees; (iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; (v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; (vi) abetment of any of the foregoing offences; (vii) an attempt to commit any of the foregoing offences, when such attempt is an offence; (viii) any offence constituted by an act in respect of which a complaint may be made under section 20 of the Cattle-trespass Act, 1871 (1 of 1871). (2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons to be recorded in writing, try in a summary way all or any of the offences not punishable with death or imprisonment for life or imprisonment for a term exceeding three years: Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way under this sub-section. (3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been examined and proceed to re-hear the case in the manner provided by this Sanhita. 284. Summary trial by Magistrate of second class. —The High Court may confer on any Magistrate invested with the powers of a Magistrate of the second class power to try summarily any offence which is punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, and any abetment of or attempt to commit any such offence. 285. Procedure for summary trials.— (1) In trials under this Chapter, the procedure specified in this Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned. (2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under this Chapter. 286. Record in summary trials. —In every case tried summarily, the Magistrate shall enter, in such form as the State Government may direct, the following particulars, namely:— (a) the serial number of the case; (b) the date of the commission of the offence; (c) the date of the report or complaint; (d) the name of the complainant (if any); (e) the name, parentage and residence of the accused; (f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which the offence has been committed; (g) the plea of the accused and his examination (if any); (h) the finding; (i) the sentence or other final order; (j) the date on which proceedings terminated. 287. Judgment in cases tried summarily. —In every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief statement of the reasons for the finding. 288. Language of record and judgment.— (1) Every such record and judgment shall be written in the language of the Court. (2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial Magistrate, and the record or judgment so prepared shall be signed by such Magistrate. CHAPTER XXIII: PLEA BARGAINING 289. Application of Chapter.— (1) This Chapter shall apply in respect of an accused against whom— (a) the report has been forwarded by the officer in charge of the police station under section 193 alleging therein that an offence appears to have been committed by him other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has been provided under the law for the time being in force; or (b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has been provided under the law for the time being in force, and after examining complainant and witnesses under section 223, issued the process under section 227, but does not apply where such offence affects the socio-economic condition of the country or has been committed against a woman, or a child. (2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the offences under the law for the time being in force which shall be the offences affecting the socio-economic condition of the country. 290. Application for plea bargaining.— (1) A person accused of an offence may file an application for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which such offence is pending for trial. (2) The application under sub-section (1) shall contain a brief description of the case relating to which the application is filed including the offence to which the case relates and shall be accompanied by an affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and that he has not previously been convicted by a Court in which he had been charged with the same offence. (3) After receiving the application under sub-section (1), the Court shall issue notice to the Public Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case. (4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed under sub-section (3), the Court shall examine the accused in camera, where the other party in the case shall not be present, to satisfy itself that the accused has filed the application voluntarily and where— (a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the accused to work out a mutually satisfactory disposition of the case which may include giving to the victim by the accused the compensation and other expenses during the case and thereafter fix the date for further hearing of the case; (b) the Court finds that the application has been filed involuntarily by the accused or he has previously been convicted by a Court in a case in which he had been charged with the same offence, it shall proceed further in accordance with the provisions of this Sanhita from the stage such application has been filed under sub-section (1). 291. Guidelines for mutually satisfactory disposition. —In working out a mutually satisfactory disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following procedure, namely:— (a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the police officer who has investigated the case, the accused and the victim of the case to participate in the meeting to work out a satisfactory disposition of the case: Provided that throughout such process of working out a satisfactory disposition of the case, it shall be the duty of the Court to ensure that the entire process is completed voluntarily by the parties participating in the meeting: Provided further that the accused, if he so desires, may participate in such meeting with his advocate, if any, engaged in the case; (b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case: Provided that it shall be the duty of the Court to ensure, throughout such process of working out a satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the meeting: Provided further that if the victim of the case or the accused so desires, he may participate in such meeting with his advocate engaged in the case. 292. Report of mutually satisfactory disposition to be submitted before Court. —Where in a meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other persons who participated in the meeting and if no such disposition has been worked out, the Court shall record such observation and proceed further in accordance with the provisions of this Sanhita from the stage the application under sub-section (1) of section 290 has been filed in such case. 293. Disposal of case. —Where a satisfactory disposition of the case has been worked out under section 292, the Court shall dispose of the case in the following manner, namely:— (a) the Court shall award the compensation to the victim in accordance with the disposition under section 292 and hear the parties on the quantum of the punishment, releasing of the accused on probation of good conduct or after admonition under section 401 or for dealing with the accused under the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force and follow the procedure specified in the succeeding clauses for imposing the punishment on the accused; (b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in force are attracted in the case of the accused, it may release the accused on probation or provide the benefit of any such law; (c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been provided under the law for the offence committed by the accused, it may sentence the accused to half of such minimum punishment, and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment; (d) in case after hearing the parties under clause (b), the Court finds that the offence committed by the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth of the punishment provided or extendable for such offence and where the accused is a first-time offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth of the punishment provided or extendable, for such offence. 294. Judgment of Court. —The Court shall deliver its judgment in terms of section 293 in the open Court and the same shall be signed by the presiding officer of the Court. 295. Finality of judgment. —The judgment delivered by the Court under this section shall be final and no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 of the Constitution) shall lie in any Court against such judgment. 296. Power of Court in plea bargaining. —A Court shall have, for the purposes of discharging its functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters relating to the disposal of a case in such Court under this Sanhita. 297. Period of detention undergone by accused to be set off against sentence of imprisonment. —The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in respect of the imprisonment under other provisions of this Sanhita. 298. Savings. —The provisions of this Chapter shall have effect notwithstanding anything inconsistent therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be construed to constrain the meaning of any provision of this Chapter. Explanation. —For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under section 19. 299. Statements of accused not to be used. —Notwithstanding anything contained in any law for the time being in force, the statements or facts stated by an accused in an application for plea bargaining filed under section 290 shall not be used for any other purpose except for the purpose of this Chapter. 300. Non-application of Chapter. —Nothing in this Chapter shall apply to any juvenile or child as defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016). CHAPTER XXIV: ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 301. Definitions. —In this Chapter,— (a) “detained” includes detained under any law providing for preventive detention; (b) “prison” includes,— (i) any place which has been declared by the State Government, by general or special order, to be a subsidiary jail; (ii) any reformatory, Borstal institution or other institution of a like nature. 302. Power to require attendance of prisoners.— (1) Whenever, in the course of an inquiry, trial or proceeding under this Sanhita, it appears to a Criminal Court,— (a) that a person confined or detained in a prison should be brought before the Court for answering to a charge of an offence, or for the purpose of any proceedings against him; or (b) that it is necessary for the ends of justice to examine such person as a witness, the Court may make an order requiring the officer in charge of the prison to produce such person before the Court answering to the charge or for the purpose of such proceeding or for giving evidence. (2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief Judicial Magistrate, to whom such Magistrate is subordinate. (3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order. 303. Power of State Government or Central Government to exclude certain persons from operation of section 302.— (1) The State Government or the Central Government, as the case may be, may, at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether before or after the order of the State Government or the Central Government, shall have effect in respect of such person or class of persons. (2) Before making an order under sub-section (1), the State Government or the Central Government in the cases instituted by its central agency, as the case may be, shall have regard to the following matters, namely:— (a) the nature of the offence for which, or the grounds on which, the person or class of persons has been ordered to be confined or detained in prison; (b) the likelihood of the disturbance of public order if the person or class of persons is allowed to be removed from the prison; (c) the public interest, generally. 304. Officer in charge of prison to abstain from carrying out order in certain contingencies.— Where the person in respect of whom an order is made under section 302— (a) is by reason of sickness or infirmity unfit to be removed from the prison; or (b) is under committal for trial or under remand pending trial or pending a preliminary investigation; or (c) is in custody for a period which would expire before the expiration of the time required for complying with the order and for taking him back to the prison in which he is confined or detained; or (d) is a person to whom an order made by the State Government or the Central Government under section 303 applies, the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the Court a statement of reasons for so abstaining: Provided that where the attendance of such person is required for giving evidence at a place not more than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain for the reason mentioned in clause (b). 305. Prisoner to be brought to Court in custody. —Subject to the provisions of section 304, the officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the order to be taken to the Court in which his attendance is required, so as to be present there at the time mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been examined or until the Court authorises him to be taken back to the prison in which he was confined or detained. 306. Power to issue commission for examination of witness in prison. —The provisions of this Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison as they apply in relation to the examination on commission of any other person. CHAPTER XXV: EVIDENCE IN INQUIRIES AND TRIALS A.—Mode of taking and recording evidence 307. Language of Courts.— The State Government may determine what shall be, for purposes of this Sanhita, the language of each Court within the State other than the High Court. 308. Evidence to be taken in presence of accused.—Except as otherwise expressly provided, all evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, or, when his personal attendance is dispensed with, in the presence of his advocate including through audio-video electronic means at the designated place to be notified by the State Government: Provided that where the evidence of a woman below the age of eighteen years who is alleged to have been subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate measures to ensure that such woman is not confronted by the accused while at the same time ensuring the right of cross-examination of the accused. Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under Chapter IX has been commenced under this Sanhita. 309. Record in summonscases and inquiries.— (1) In all summons-cases tried before a Magistrate, in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491 otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, make a memorandum of the substance of the evidence in the language of the Court: Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording the reason of his inability, cause such memorandum to be made in writing or from his dictation in open Court. (2) Such memorandum shall be signed by the Magistrate and shall form part of the record. 310. Record in warrant-cases.— (1) In all warrant-cases tried before a Magistrate, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence, by an officer of the Court appointed by him in this behalf: Provided that evidence of a witness under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence. (2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the evidence could not be taken down by himself for the reasons referred to in sub-section (1). (3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in his discretion take down, or cause to be taken down, any part of such evidence in the form of question and answer. (4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. 311. Record in trial before Court of Session.— (1) In all trials before a Court of Session, the evidence of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the Court appointed by him in this behalf. (2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of question and answer. (3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record. 312. Language of record of evidence. —In every case where evidence is taken down under section 310 or section 311,— (a) if the witness gives evidence in the language of the Court, it shall be taken down in that language; (b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, and shall form part of the record; (c) where under clause (b) evidence is taken down in a language other than the language of the Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, signed by the Magistrate or presiding Judge, and shall form part of the record: Provided that when under clause (b) evidence is taken down in English and a translation thereof in the language of the Court is not required by any of the parties, the Court may dispense with such translation. 313. Procedure in regard to such evidence when completed.— (1) As the evidence of each witness taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the accused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be corrected. (2) If the witness denies the correctness of any part of the evidence when the same is read over to him, the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of the objection made to it by the witness and shall add such remarks as he thinks necessary. (3) If the record of the evidence is in a language different from that in which it has been given and the witness does not understand that language, the record shall be interpreted to him in the language in which it was given, or in a language which he understands. 314. Interpretation of evidence to accused or his advocate.— (1) Whenever any evidence is given in a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him in open Court in a language understood by him. (2) If he appears by an advocate and the evidence is given in a language other than the language of the Court, and not understood by the advocate, it shall be interpreted to such advocate in that language. (3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court to interpret as much thereof as appears necessary. 315. Remarks respecting demeanour of witness. —When a presiding Judge or Magistrate has recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material respecting the demeanour of such witness whilst under examination. 316. Record of examination of accused.— (1) Whenever the accused is examined by any Magistrate, or by a Court of Session, the whole of such examination, including every question put to him and every answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is unable to do so owing to a physical or other incapacity, under his direction and superintendence by an officer of the Court appointed by him in this behalf. (2) The record shall, if practicable, be in the language in which the accused is examined or, if that is not practicable, in the language of the Court. (3) The record shall be shown or read to the accused, or, if he does not understand the language in which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty to explain or add to his answers. (4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall certify under his own hand that the examination was taken in his presence and hearing and that the record contains a full and true account of the statement made by the accused: Provided that where the accused is in custody and is examined through electronic communication, his signature shall be taken within seventy-two hours of such examination. (5) Nothing in this section shall be deemed to apply to the examination of an accused person in the course of a summary trial. 317. Interpreter to be bound to interpret truthfully. —When the services of an interpreter are required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to state the true interpretation of such evidence or statement. 318. Record in High Court. —Every High Court may, by general rule, prescribe the manner in which the evidence of witnesses and the examination of the accused shall be taken down in cases coming before it, and such evidence and examination shall be taken down in accordance with such rule. B.—Commissions for the examination of witnesses 319. When attendance of witness may be dispensed with and commission issued.— (1) Whenever, in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may issue a commission for the examination of the witness in accordance with the provisions of this Chapter: Provided that where the examination of the President or the Vice-President of India or the Governor of a State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a commission shall be issued for the examination of such a witness. (2) The Court may, when issuing a commission for the examination of a witness for the prosecution, direct that such amount as the Court considers reasonable to meet the expenses of the accused, including the advocate's fees, be paid by the prosecution. 320. Commission to whom to be issued.— (1) If the witness is within the territories to which this Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local jurisdiction the witness is to be found. (2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the commission shall be directed to such Court or officer as the Central Government may, by notification, specify in this behalf. (3) If the witness is in a country or place outside India and arrangements have been made by the Central Government with the Government of such country or place for taking the evidence of witnesses in relation to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent to such authority for transmission as the Central Government may, by notification, prescribe in this behalf. 321. Execution of commissions. —Upon receipt of the commission, the Chief Judicial Magistrate or such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the place where the witness is, and shall take down his evidence in the same manner, and may for this purpose exercise the same powers, as in trials of warrant-cases under this Sanhita. 322. Parties may examine witnesses.— (1) The parties to any proceeding under this Sanhita in which a commission is issued may respectively forward any interrogatories in writing which the Court or Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is delegated, to examine the witness upon such interrogatories. (2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in custody, in person, and may examine, cross-examine and re-examine the said witness. 323. Return of commission.— (1) After any commission issued under section 319 has been duly executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in evidence in the case by either party, and shall form part of the record. (2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before another Court. 324. Adjournment of proceeding.— In every case in which a commission is issued under section 319, the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the execution and return of the commission. 325. Execution of foreign commissions.— (1) The provisions of section 321 and so much of section 322 and section 323 as relate to the execution of a commission and its return shall apply in respect of commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to commissions issued under section 319. (2) The Courts, Judges and Magistrates referred to in sub-section (1) are— (a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this Sanhita does not extend, as the Central Government may, by notification, specify in this behalf; (b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside India, as the Central Government may, by notification, specify in this behalf, and having authority, under the law in force in that country or place, to issue commissions for the examination of witnesses in relation to criminal matters. 326. Deposition of medical witness.— (1) The deposition of a civil surgeon or other medical witness, taken and attested by a Magistrate in the presence of the accused, or taken on commission under this Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the deponent is not called as a witness. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such deponent as to the subject-matter of his deposition. 327. Identification report of Magistrate.— (1) Any document purporting to be a report of identification under the hand of an Executive Magistrate in respect of a person or property may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called as a witness: Provided that where such report contains a statement of any suspect or witness to which the provisions of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, apply, such statement shall not be used under this sub-section except in accordance with the provisions of those sections. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, summon and examine such Magistrate as to the subject-matter of the said report. 328. Evidence of officers of Mint.— (1) Any document purporting to be a report under the hand of a gazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of Questioned Documents as the Central Government may, by notification, specify in this behalf, upon any matter or thing duly submitted to him for examination and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such officer is not called as a witness. (2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his report: Provided that no such officer shall be summoned to produce any records on which the report is based. (3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023, no such officer shall, except with the permission of the General Manager or any officer in charge of any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned Documents Organisation or of the State Examiner of Questioned Documents Organisation be permitted— (a) to give any evidence derived from any unpublished official records on which the report is based; or (b) to disclose the nature or particulars of any test applied by him in the course of the examination of the matter or thing. 329. Reports of certain Government scientific experts.— (1) Any document purporting to be a report under the hand of a Government scientific expert to whom this section applies, upon any matter or thing duly submitted to him for examination or analysis and report in the course of any proceeding under this Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita. (2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his report. (3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, unless the Court has expressly directed him to appear personally, depute any responsible officer working with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily depose in Court on his behalf. (4) This section applies to the following Government scientific experts, namely:— (a) any Chemical Examiner or Assistant Chemical Examiner to Government; (b) the Chief Controller of Explosives; (c) the Director of the Finger Print Bureau; (d) the Director, Haffkeine Institute, Bombay; (e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory or a State Forensic Science Laboratory; (f) the Serologist to the Government; (g) any other scientific expert specified or certified, by notification, by the State Government or the Central Government for this purpose. 330. No formal proof of certain documents.— (1) Where any document is filed before any Court by the prosecution or the accused, the particulars of every such document shall be included in a list and the prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon to admit or deny the genuineness of each such document soon after supply of such documents and in no case later than thirty days after such supply: Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing: Provided further that no expert shall be called to appear before the Court unless the report of such expert is disputed by any of the parties to the trial. (2) The list of documents shall be in such form as the State Government may, by rules, provide. (3) Where the genuineness of any document is not disputed, such document may be read in evidence in any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by whom it purports to be signed: Provided that the Court may, in its discretion, require such signature to be proved. 331. Affidavit in proof of conduct of public servants. —When any application is made to any Court in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein respecting any public servant, the applicant may give evidence of the facts alleged in the application by affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given. 332. Evidence of formal character on affidavit.— (1) The evidence of any person whose evidence is of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceeding under this Sanhita. (2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused, summon and examine any such person as to the facts contained in his affidavit. 333. Authorities before whom affidavits may be sworn.— (1) Affidavits to be used before any Court under this Sanhita may be sworn or affirmed before— (a) any Judge or Judicial or Executive Magistrate; or (b) any Commissioner of Oaths appointed by a High Court or Court of Session; (c) any notary appointed under the Notaries Act, 1952 (53 of 1952). (2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter case, the deponent shall clearly state the grounds of such belief. (3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or amended. 334. Previous conviction or acquittal how proved. —In any inquiry, trial or other proceeding under this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by any law for the time being in force,— (a) by an extract certified under the hand of the officer having the custody of the records of the Court in which such conviction or acquittal was held, to be a copy of the sentence or order; or (b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which the punishment or any part thereof was undergone, or by production of the warrant of commitment under which the punishment was suffered, together with, in each of such cases, evidence as to the identity of the accused person with the person so convicted or acquitted. 335. Record of evidence in absence of accused.— (1) If it is proved that an accused person has absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) produced on behalf of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable. (2) If it appears that an offence punishable with death or imprisonment for life has been committed by some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the offence and any depositions so taken may be given in evidence against any person who is subsequently accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India. 336. Evidence of public servants, experts, police officers in certain cases.— Where any document or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence in any inquiry, trial or other proceeding under this Sanhita, and— (i) such public servant, expert or officer is either transferred, retired, or died; or (ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or (iii) securing presence of such public servant, expert or officer is likely to cause delay in holding the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public servant, expert, or officer who is holding that post at the time of such deposition to give deposition on such document or report: Provided that no public servant, scientific expert or medical officer shall be called to appear before the Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the parties of the trial or other proceedings: Provided further that the deposition of such successor public servant, expert or officer may be allowed through audio-video electronic means. CHAPTER XXVI: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 337. Person once convicted or acquitted not to be tried for same offence.— (1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 244, or for which he might have been convicted under sub-section (2) thereof. (2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the State Government, for any distinct offence for which a separate charge might have been made against him at the former trial under sub-section (1) of section 243. (3) A person convicted of any offence constituted by any act causing consequences which, together with such act, constituted a different offence from that of which he was convicted, may be afterwards tried for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to have happened, at the time when he was convicted. (4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the same acts which he may have committed if the Court by which he was first tried was not competent to try the offence with which he is subsequently charged. (5) A person discharged under section 281 shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court is subordinate. (6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 (10 of 1897) or of section 208 of this Sanhita. Explanation. —The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the purposes of this section. Illustrations (a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with criminal breach of trust. (b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be tried again for culpable homicide. (c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not afterwards be tried on the same facts for the murder of B. (d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless the case comes within sub-section (3) of this section. (e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. (f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. 338. Appearance by Public Prosecutors.— (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person instructs his advocate to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case. 339. Permission to conduct prosecution.— (1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2) Any person conducting the prosecution may do so personally or by an advocate. 340. Right of person against whom proceedings are instituted to be defended. — Any person accused of an offence before a Criminal Court, or against whom proceedings are instituted under this Sanhita, may of right be defended by an advocate of his choice. 341. Legal aid to accused at State expense in certain cases.— (1) Where, in a trial or appeal before a Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has not sufficient means to engage an advocate, the Court shall assign an advocate for his defence at the expense of the State. (2) The High Court may, with the previous approval of the State Government, make rules providing for— (a) the mode of selecting advocates for defence under sub-section (1); (b) the facilities to be allowed to such advocates by the Courts; (c) the fees payable to such advocates by the Government, and generally, for carrying out the purposes of sub-section (1). (3) The State Government may, by notification, direct that, as from such date as may be specified in the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before other Courts in the State as they apply in relation to trials before Courts of Session. 342. Procedure when corporation or registered society is an accused.— (1) In this section, “corporation” means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860). (2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation. (3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. (4) Where a representative of a corporation does not appear, any such requirement as is referred to in sub-section (3) shall not apply. (5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person duly authorised by him (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed. (6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court. 343. Tender of pardon to accomplice.— (1) With a view to obtaining the evidence of any person supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of the whole of the circumstances within his knowledge relative to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof. (2) This section applies to— (a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge appointed under any other law for the time being in force; (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. (3) Every Magistrate who tenders a pardon under sub-section (1) shall record— (a) his reasons for so doing; (b) whether the tender was or was not accepted by the person to whom it was made, and shall, on application made by the accused, furnish him with a copy of such record free of cost. (4) Every person accepting a tender of pardon made under sub-section (1)— (a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any; (b) shall, unless he is already on bail, be detained in custody until the termination of the trial. (5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further inquiry in the case— (a) commit it for trial— (i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate taking cognizance is the Chief Judicial Magistrate; (ii) to a Court of Special Judge appointed under any other law for the time being in force, if the offence is triable exclusively by that Court; (b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case himself. 344. Power to direct tender of pardon. —At any time after commitment of a case but before judgment is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, tender a pardon on the same condition to such person. 345. Trial of person not complying with conditions of pardon.— (1) Where, in regard to a person who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies that in his opinion such person has, either by wilfully concealing anything essential or by giving false evidence, not complied with the condition on which the tender was made, such person may be tried for the offence in respect of which the pardon was so tendered or for any other offence of which he appears to have been guilty in connection with the same matter, and also for the offence of giving false evidence: Provided that such person shall not be tried jointly with any of the other accused: Provided further that such person shall not be tried for the offence of giving false evidence except with the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that offence. (2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him at such trial. (3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon which such tender was made; in which case it shall be for the prosecution to prove that the condition has not been complied with. (4) At such trial, the Court shall— (a) if it is a Court of Session, before the charge is read out and explained to the accused; (b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is taken, ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon was made. (5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, before passing judgment in the case, find whether or not the accused has complied with the conditions of the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this Sanhita, pass judgment of acquittal. 346. Power to postpone or adjourn proceedings.— (1) In every inquiry or trial the proceedings shall be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded: Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) the inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet. (2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody: Provided that no Court shall remand an accused person to custody under this section for a term exceeding fifteen days at a time: Provided further that when witnesses are in attendance, no adjournment or postponement shall be granted, without examining them, except for special reasons to be recorded in writing: Provided also that no adjournment shall be granted for the purpose only of enabling the accused person to show cause against the sentence proposed to be imposed on him: Provided also that— (a) no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party; (b) where the circumstances are beyond the control of a party, not more than two adjournments may be granted by the Court after hearing the objections of the other party and for the reasons to be recorded in writing; (c) the fact that the advocate of a party is engaged in another Court, shall not be a ground for adjournment; (d) where a witness is present in Court but a party or his advocate is not present or the party or his advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may, if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the examination-in-chief or cross-examination of the witness, as the case may be. Explanation 1. —If sufficient evidence has been obtained to raise a suspicion that the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand. Explanation 2. —The terms on which an adjournment or postponement may be granted include, in appropriate cases, the payment of costs by the prosecution or the accused. 347. Local inspection.— (1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed, or any other place which it is in his opinion necessary to view for the purpose of properly appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a memorandum of any relevant facts observed at such inspection. (2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free of cost. 348. Power to summon material witness, or examine person present. —Any Court may, at any stage of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or re-call and re-examine any person already examined; and the Court shall summon and examine or re-call and re-examine any such person if his evidence appears to it to be essential to the just decision of the case. 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc. —If a Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the person to whom the order relates shall be produced or shall attend at the time and place specified in such order and shall give his specimen signatures or finger impressions or handwriting or voice sample: Provided that no order shall be made under this section unless the person has at some time been arrestednin connection with such investigation or proceeding: Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to give such specimen or sample without him being arrested. 350. Expenses of complainants and witnesses. —Subject to any rules made by the State Government, any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding before such Court under this Sanhita. 351. Power to examine accused.— (1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court— (a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary; (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b). (2) No oath shall be administered to the accused when he is examined under sub-section (1). (3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them. (4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed. (5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section. 352. Oral arguments and memorandum of arguments.— (1) Any party to a proceeding may, as soon as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record. (2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. (3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. (4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments. 353. Accused person to be competent witness.— (1) Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial: Provided that— (a) he shall not be called as a witness except on his own request in writing; (b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial. (2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or Part D of Chapter XI, may offer himself as a witness in such proceedings: Provided that in proceedings under section 127, section 128, or section 129, the failure of such person to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry. 354. No influence to be used to induce disclosure. —Except as provided in sections 343 and 344, no influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce him to disclose or withhold any matter within his knowledge. 355. Provision for inquiries and trial being held in absence of accused in certain cases.— (1) At any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be recorded, that the personal attendance of the accused before the Court is not necessary in the interests of justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of such accused. (2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. Explanation. —For the purpose of this section, personal attendance of the accused includes attendance through audio-video electronic means. 356. Inquiry, trial or judgment in absentia of proclaimed offender.— (1) Notwithstanding anything contained in this Sanhita or in any other law for the time being in force, when a person declared as a proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce the judgment: Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the date of framing of the charge. (2) The Court shall ensure that the following procedure has been complied with before proceeding under sub-section (1), namely: (i) issuance of two consecutive warrants of arrest within the interval of at least thirty days; (ii) publish in a national or local daily newspaper circulating in the place of his last known address of residence, requiring the proclaimed offender to appear before the Court for trial and informing him that in case he fails to appear within thirty days from the date of such publication, the trial shall commence in his absence; (iii) inform his relative or friend, if any, about the commencement of the trial; and (iv) affix information about the commencement of the trial on some conspicuous part of the house or homestead in which such person ordinarily resides and display in the police station of the district of his last known address of residence. (3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an advocate for his defence at the expense of the State. (4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for prosecution and recorded their depositions, such depositions shall be given in evidence against such proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged: Provided that if the proclaimed offender is arrested and produced or appears before the Court during such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have been taken in his absence. (5) Where a trial is related to a person under this section, the deposition and examination of the witness, may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such recording shall be kept in such manner as the Court may direct. (6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the judgment even if he is arrested and produced or appears at the conclusion of such trial. (7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents himself before the Court of appeal: Provided that no appeal against conviction shall lie after the expiry of three years from the date of the judgment. (8) The State may, by notification, extend the provisions of this section to any absconder mentioned in sub-section (1) of section 84. 357. Procedure where accused does not understand proceedings. —If the accused, though not a person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit. 358. Power to proceed against other persons appearing to be guilty of offence.— (1) Where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together with the accused, the Court may proceed against such person for the offence which he appears to have committed. (2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances of the case may require, for the purpose aforesaid. (3) Any person attending the Court, although not under arrest or upon a summons, may be detained by such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) Where the Court proceeds against any person under sub-section (1), then— (a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re- heard; (b) subject to the provisions of clause (a), the case may proceed as if such person had been an accused person when the Court took cognizance of the offence upon which the inquiry or trial was commenced. 359. Compounding of offences.— (1) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may be compounded by the persons mentioned in the third column of that Table: — TABLE Offence Section of the Bharatiya Nyaya  Sanhita, 2023 applicable Person by whom offence may be compounded 1 2 3 Enticing or taking away or detaining with criminal intent a married woman. 84 The husband of the woman and the woman. Voluntarily causing hurt. 115(2) The person to whom the hurt is caused. Voluntarily causing hurt on provocation. 122(1) The person to whom the hurt is caused. Voluntarily causing grievous hurt on grave and sudden provocation. 122(2) The person to whom the hurt is caused. Wrongfully restraining or confining any person. 126(2), 127(2) The person restrained or confined. Wrongfully confining a person for three days or more. 127(3) The person confined. Wrongfully confining a person for ten days or more. 127(4) The person confined. Wrongfully confining a person in secret. 127(6) The person confined. Assault or use of criminal force. 131,133,136 The person assaulted or to whom criminal force is used. Uttering words, etc., with deliberate intent to wound the religious feelings of any person. 302 The person whose religious feelings are intended to be wounded. Theft. 303(2) The owner of the property stolen. Dishonest misappropriation of property. 314 The owner of the property misappropriated. Criminal breach of trust by a carrier, wharfinger, etc. 316(3) The owner of the property in respect of which the breach of trust has been committed. Dishonestly receiving stolen property knowing it to be stolen. 317(2) The owner of the property stolen. Assisting in the concealment or disposal of stolen property, knowing it to be stolen. 317(5) The owner of the property stolen. Cheating. 318(2) The person cheated. Cheating by personation. 319(2) The person cheated. Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. 320 The creditors who are affected thereby. Fraudulently preventing from being made available for his creditors a debt or demand due to the offender. 321 The creditors who are affected thereby. Fraudulent execution of deed of transfer containing false statement of consideration. 322 The person affected thereby. Fraudulent removal or concealment of property. 323 The person affected thereby. Mischief, when the only loss or damage caused is loss or damage to a private person. 324(2), 324(4) The person to whom the loss or damage is caused. Mischief by killing or maiming animal. 325 The owner of the animal. Mischief by injury to works of irrigation by wrongfully diverting water when the only loss or damage caused is loss or damage to private person. 326(a) The person to whom the loss or damage is caused. Criminal trespass. 329(3) The person in possession of the property trespassed upon. House-trespass. 329(4) The person in possession of the property trespassed upon. House-trespass to commit an offence (other than theft) punishable with imprisonment. 332(c) The person in possession of the house trespassed upon. Using a false trade or property mark. 345(3) The person to whom loss or injury is caused by such use. Counterfeiting a property mark used by another. 347(1) The person to whom loss or injury is caused by such use. Selling goods marked with a counterfeit property mark. 349 The person to whom loss or injury is caused by such use. Criminal intimidation. 351(2), 351(3) The person intimidated. Insult intended to provoke a breach of peace. 352 The person insulted. Inducing person to believe himself an object of divine displeasure. 354 The person induced. Defamation, except such cases as are specified against section 356(2) of the Bharatiya Nyaya Sanhita, 2023, (45 of 2023) column 1 of the Table under sub-section (2). 356(2) The person defamed. Printing or engraving matter, knowing it to be defamatory. 356(3) The person defamed. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter. 356(4) The person defamed. Criminal breach of contract of service. 357 The person with whom the offender has contracted. (2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may, with the permission of the Court before which any prosecution for such offence is pending, be compounded by the persons mentioned in the third column of that Table:.— Table Offence Section of the Bharatiya Nyaya Sanhita applicable Person by whom offence may be compounded 1 2 3 Word, gesture or act intended to insult the modesty of a woman. 79 The woman whom it was intended to insult or whose privacy was intruded upon. Marrying again during the life-time of a husband or wife. 82(1) The husband or wife of the person so marrying. Causing miscarriage. 88 The woman to whom miscarriage is caused. Voluntarily causing grievous hurt. 117(2) The person to whom hurt is caused. Causing hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. 125(a) The person to whom hurt is caused. Causing grievous hurt by doing an act so rashly and negligently as to endanger human life or the personal safety of others. 125(b) The person to whom hurt is caused. Assault or criminal force in attempting wrongfully to confine a person. 135 The person assaulted or to whom the force was used. Theft, by clerk or servant of property in possession of master. 306 The owner of the property stolen. Criminal breach of trust. 316(2) The owner of the property in respect of which breach of trust has been committed. Criminal breach of trust by a clerk or servant. 316(4) The owner of the property in respect of which the breach of trust has been committed. Cheating a person whose interest the offender was bound, either by law or by legal contract, to protect. 318(3) The person cheated. Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security. 318(4) The person cheated. Defamation against the President or the Vice-President or the Governor of the State or the Administrator of the Union territory or a Minister in respect of his public functions when instituted upon a complaint made by the public prosecutor. 356(2) The person defamed. (3) When an offence is compoundable under this section, the abetment of such offence or an attempt to commit such offence (when such attempt is itself an offence) or where the accused is liable under sub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), may be compounded in like manner. (4)     (a) When the person who would otherwise be competent to compound an offence under this section is a child or of unsound mind, any person competent to contract on his behalf may, with the permission of the Court, compound such offence; (b) When the person who would otherwise be competent to compound an offence under this section is dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person may, with the consent of the Court, compound such offence. (5) When the accused has been committed for trial or when he has been convicted and an appeal is pending, no composition for the offence shall be allowed without the leave of the Court to which he is committed, or, as the case may be, before which the appeal is to be heard. (6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442 may allow any person to compound any offence which such person is competent to compound under this section. (7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind for such offence. (8) The composition of an offence under this section shall have the effect of an acquittal of the accused with whom the offence has been compounded. (9) No offence shall be compounded except as provided by this section. 360. Withdrawal from prosecution. —The Public Prosecutor or Assistant Public Prosecutor in charge of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried; and, upon such withdrawal,— (a) if it is made before a charge has been framed, the accused shall be discharged in respect of such offence or offences; (b) if it is made after a charge has been framed, or when under this Sanhita no charge is required, he shall be acquitted in respect of such offence or offences: Provided that where such offence— (i) was against any law relating to a matter to which the executive power of the Union extends; or (ii) was investigated under any Central Act; or (iii) involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (iv) was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, unless he has been permitted by the Central Government to do so, move the Court for its consent to withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to produce before it the permission granted by the Central Government to withdraw from the prosecution: Provided further that no Court shall allow such withdrawal without giving an opportunity of being heard to the victim in the case. 361. Procedure in cases which Magistrate cannot dispose of.— (1) If, in the course of any inquiry into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a presumption-- (a) that he has no jurisdiction to try the case or commit it for trial; or (b) that the case is one which should be tried or committed for trial by some other Magistrate in the district; or (c) that the case should be tried by the Chief Judicial Magistrate, he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. (2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.— If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the provisions of Chapter XIX shall apply to the commitment so made. 363. Trial of persons previously convicted of offences against coinage, stamp-law or property.— (1) Where a person, having been convicted of an offence punishable under Chapter X or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three years or upwards, is again accused of any offence punishable under either of those Chapters with imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is convicted. (2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall be similarly sent or committed, unless the Magistrate discharges such other person under section 262 or section 268, as the case may be. 364. Procedure when Magistrate cannot pass sentence sufficiently severe.— (1) Whenever a Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is subordinate. (2) When more accused persons than one are being tried together, and the Magistrate considers it necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the accused, who are in his opinion guilty, to the Chief Judicial Magistrate. (3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine the parties and recall and examine any witness who has already given evidence in the case and may call for and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, and is according to law. 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.— (1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged. (2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be succeeded by the latter, within the meaning of sub-section (1). (3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364. 366. Court to be open.— (1) The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court. (2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 (32 of 2012) shall be conducted in camera: Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain in, the room or building used by the Court: Provided further that in camera trial shall be conducted as far as practicable by a woman Judge or Magistrate. (3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except with the previous permission of the Court: Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape may be lifted, subject to maintaining confidentiality of name and address of the parties. CHAPTER XXVII: PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 367. Procedure in case of accused being person of unsound mind.— (1) When a Magistrate holding an inquiry has reason to believe that the person against whom the inquiry is being held is a person of unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district or such other medical officer as the State Government may direct, and thereupon shall examine such surgeon or other medical officer as a witness, and shall reduce the examination to writing. (2) If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to a psychiatrist or clinical psychologist of Government hospital or Government medical college for care, treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, shall inform the Magistrate whether the accused is suffering from unsoundness of mind or intellectual disability: Provided that if the accused is aggrieved by the information given by the psychiatric or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college. (3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance with the provisions of section 369. (4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if he finds that no prima facie case is made out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with him in the manner provided under section 369: Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, and order the accused to be dealt with as provided under section 369. (5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual disability, the Magistrate shall further determine whether the intellectual disability renders the accused incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure of the inquiry and deal with the accused in the manner provided under section 369. 368. Procedure in case of person of unsound mind tried before Court.— (1) If at the trial of any person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first instance, try the fact of such unsoundness of mind and incapacity, and if the Magistrate or Court, after considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, he or it shall record a finding to that effect and shall postpone further proceedings in the case. (2) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist or clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is suffering from unsoundness of mind: Provided that if the accused is aggrieved by the information given by the psychiatrist or clinical psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board which shall consist of— (a) head of psychiatry unit in the nearest Government hospital; and (b) a faculty member in psychiatry in the nearest Government medical college. (3) If the Magistrate or Court is informed that the person referred to in sub-section (2) is a person of unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court shall record a finding to that effect and shall examine the record of evidence produced by the prosecution and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, discharge the accused and deal with him in the manner provided under section 369: Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. (4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is incapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order the accused to be dealt with in accordance with section 369. 369. Release of person of unsound mind pending investigation or trial.— (1) Whenever a person if found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in which bail may be taken or not, order release of such person on bail: Provided that the accused is suffering from unsoundness of mind or intellectual disability which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person. (2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the State Government: Provided that no order for the detention of the accused in a public mental health establishment shall be made otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual disability, further determine if the release of the accused can be ordered: Provided that— (a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case may be, decide to order discharge of the accused, as provided under section 367 or section 368, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person; (b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of mind or intellectual disability may be ordered wherein the accused may be provided care and appropriate education and training. 370. Resumption of inquiry or trial.— (1) Whenever an inquiry or a trial is postponed under section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear or be brought before such Magistrate or Court. (2) When the accused has been released under section 369, and the sureties for his appearance produce him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that the accused is capable of making his defence shall be receivable in evidence. 371. Procedure on accused appearing before Magistrate or Court.— (1) If, when the accused appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court considers him capable of making his defence, the inquiry or trial shall proceed. (2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall deal with such accused in accordance with the provisions of section 369. 372. When accused appears to have been of sound mind.— When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session. 373. Judgment of acquittal on ground of unsoundness of mind.—  Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not. 374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.— (1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,— (a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or (b) order such person to be delivered to any relative or friend of such person. (2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017 (10 of 2017). (3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub- section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct. (4) The Magistrate or Court shall report to the State Government the action taken under sub-section (1). 375. Power of State Government to empower officer in charge to discharge. — The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377. 376. Procedure where prisoner of unsound mind is reported capable of making his defence. — If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 (10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence. 377. Procedure where person of unsound mind detained is declared fit to be released.— (1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector- General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit. 378. Delivery of person of unsound mind to care of relative or friend.— (1) Whenever any relative or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be delivered to his care and custody, the State Government may, upon the application of such relative or friend and on his giving security to the satisfaction of such State Government, that the person delivered shall— (a) be properly taken care of and prevented from doing injury to himself or to any other person; (b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct; (c) in the case of a person detained under sub-section (2) of section 369, be produced when required before such Magistrate or Court, order such person to be delivered to such relative or friend. (2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting officer shall be receivable as evidence. CHAPTER XXVIII: PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 379. Procedure in cases mentioned in section 215.— (1) When, upon an application made to it in this behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,— (a) record a finding to that effect; (b) make a complaint thereof in writing; (c) send it to a Magistrate of the first class having jurisdiction; (d) take sufficient security for the appearance of the accused before such Magistrate, or if the alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody to such Magistrate; and (e) bind over any person to appear and give evidence before such Magistrate. (2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215. (3) A complaint made under this section shall be signed,— (a) where the Court making the complaint is a High Court, by such officer of the Court as the Court may appoint; (b) in any other case, by the presiding officer of the Court or by such officer of the Court as the Court may authorise in writing in this behalf. (4) In this section, “Court” has the same meaning as in section 215. 380. Appeal.— (1) Any person on whose application any Court other than a High Court has refused to make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint has been made by such Court, may appeal to the Court to which such former Court is subordinate within the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint which such former Court might have made under section 379, and, if it makes such complaint, the provisions of that section shall apply accordingly. (2) An order under this section, and subject to any such order, an order under section 379, shall be final, and shall not be subject to revision. 381. Power to order costs. —Any Court dealing with an application made to it for filing a complaint under section 379 or an appeal under section 380, shall have power to make such order as to costs as may be just. 382. Procedure of Magistrate taking cognizance.— (1) A Magistrate to whom a complaint is made under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case may have been transferred, that an appeal is pending against the decision arrived at in the judicial proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of the case until such appeal is decided. 383. Summary procedure for trial for giving false evidence.— (1) If, at the time of delivery of any judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or wilfully given false evidence or had fabricated false evidence with the intention that such evidence should be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating, as the case may be, false evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of showing cause why he should not be punished for such offence, try such offender summarily and sentence him to imprisonment for a term which may extend to three months, or to fine which may extend to one thousand rupees, or with both. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. (3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 for the offence, where it does not choose to proceed under this section. (4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision. 384. Procedure in certain cases of contempt.— (1) When any such offence as is described in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court, the Court may cause the offender to be detained in custody, and may, at any time before the rising of the 134 Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause why he should not be punished under this section, sentence the offender to fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a term which may extend to one month, unless such fine be sooner paid. (2) In every such case the Court shall record the fact constituting the offence, with the statement (if any) made by the offender, as well as the finding and sentence. (3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was sitting, and the nature of the interruption or insult. 385. Procedure where Court considers that case should not be dealt with under section 384.— (1) If the Court in any case considers that a person accused of any of the offences referred to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court is for any other reason of opinion that the case should not be disposed of under section 384, such Court, after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall forward such person in custody to such Magistrate. (2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far as may be, as if it were instituted on a police report. 386. When Registrar or Sub-Registrar to be deemed a Civil Court. —When the State Government so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), shall be deemed to be a Civil Court within the meaning of sections 384 and 385. 387. Discharge of offender on submission of apology. —When any Court has under section 384 adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his submission to the order or requisition of such Court, or on apology being made to its satisfaction. 388. Imprisonment or committal of person refusing to answer or produce document. —If any witness or person called to produce a document or thing before a Criminal Court refuses to answer such questions as are put to him or to produce any document or thing in his possession or power which the Court requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such person consents to be examined and to answer, or to produce the document or thing and in the event of his persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385. 389. Summary procedure for punishment for non-attendance by a witness in obedience to summons.— (1) If any witness being summoned to appear before a Criminal Court is legally bound to appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses to attend at that place or time or departs from the place where he has to attend before the time at which it is lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of the offence and after giving the offender an opportunity of showing cause why he should not be punished under this section, sentence him to fine not exceeding five hundred rupees. (2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed for summary trials. 390. Appeals from convictions under sections 383, 384, 388 and 389.— (1) Any person sentenced by any Court other than a High Court under section 383, section 384, section 388, or section 389 may, notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in such Court are ordinarily appealable. (2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed against. (3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the sessions division within which such Court is situate. (4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division within which the office of such Registrar or Sub-Registrar is situate. 391. Certain Judges and Magistrates not to try certain offences when committed before themselves. —Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215, when such offence is committed before himself or in contempt of his authority, or is brought under his notice as such Judge or Magistrate in the course of a judicial proceeding. CHAPTER XXIX: THE JUDGMENT 392. Judgment.— (1) The judgment in every trial in any Criminal Court of original jurisdiction shall be pronounced in open Court by the presiding officer immediately after the termination of the trial or at some subsequent time not later than forty-five days of which notice shall be given to the parties or their advocates, (a) by delivering the whole of the judgment; or (b) by reading out the whole of the judgment; or (c) by reading out the operative part of the judgment and explaining the substance of the judgment in a language which is understood by the accused or his advocate. (2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and write on it the date of the delivery of the judgment in open Court. (3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and if it is not written with his own hand, every page of the judgment shall be signed by him. (4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their advocates free of cost: Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within a period of seven days from the date of judgment. (5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person or through audio-video electronic means. (6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced, except where his personal attendance during the trial has been dispensed with and the sentence is one of fine only or he is acquitted: Provided that where there are more accused persons than one, and one or more of them do not attend the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. (7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such day and place. (8) Nothing in this section shall be construed to limit in any way the extent of the provisions of section 511. 393. Language and contents of judgment.— (1) Except as otherwise expressly provided by this Sanhita, every judgment referred to in section 392,— (a) shall be written in the language of the Court; (b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; (c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to which he is sentenced; (d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. (2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful under which of two sections, or under which of two parts of the same section, of that Sanhita the offence falls, the Court shall distinctly express the same, and pass judgment in the alternative. (3) When the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. (4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court or unless the case was tried summarily under the provisions of this Sanhita. (5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till he is dead. (6) Every order under section 136 or sub-section (2) of section 157 and every final order made under section 144, section 164 or section 166 shall contain the point or points for determination, the decision thereon and the reasons for the decision. 394. Order for notifying address of previously convicted offender.— (1) When any person, having been convicted by a Court in India of an offence punishable with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence. (2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them. (3) If such conviction is set aside on appeal or otherwise, such order shall become void. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts. (6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated. 395. Order to pay compensation.— (1) When a Court imposes a sentence of fine or a sentence (including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order the whole or any part of the fine recovered to be applied— (a) in defraying the expenses properly incurred in the prosecution; (b) in the payment to any person of compensation for any loss or injury caused by the offence, when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; (c) when any person is convicted of any offence for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any offence which includes theft, criminal misappropriation, criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be stolen, in compensating any bona fide purchaser of such property for the loss of the same if such property is restored to the possession of the person entitled thereto. (2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision of the appeal. (3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. (4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the Court shall take into account any sum paid or recovered as compensation under this section. 396. Victim compensation scheme.— (1) Every State Government in co-ordination with the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. (2) Whenever a recommendation is made by the Court for compensation, the District Legal Service Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of compensation to be awarded under the scheme referred to in sub-section (1). (3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the victim has to be rehabilitated, it may make recommendation for compensation. (4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes place, the victim or his dependents may make an application to the State or the District Legal Services Authority for award of compensation. (5) On receipt of such recommendations or on the application under sub-section (4), the State or the District Legal Services Authority shall, after due enquiry award adequate compensation by completing the enquiry within two months. (6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost on the certificate of the police officer not below the rank of the officer in charge of the police station or a Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit. (7) The compensation payable by the State Government under this section shall be in addition to the payment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). 397. Treatment of victims. — All hospitals, public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost, to the victims of any offence covered under section 64, section 65, section 66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), and shall immediately inform the police of such incident. 398. Witness protection scheme. — Every State Government shall prepare and notify a Witness Protection Scheme for the State with a view to ensure protection of the witnesses. 399. Compensation to persons groundlessly arrested.— (1) Whenever any person causes a police officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time and expenses in the matter, as the Magistrate thinks fit. (2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit. (3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid. 400. Order to pay costs in non-cognizable cases.— (1) Whenever any complaint of a non-cognizable offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment for a period not exceeding thirty days and such costs may include any expenses incurred in respect of process-fees, witnesses and advocate's fees which the Court may consider reasonable. (2) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision. 401. Order to release on probation of good conduct or after admonition.— (1) When any person not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment for a term of seven years or less, or when any person under twenty-one years of age or any woman is convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is proved against the offender, if it appears to the Court before which he is convicted, regard being had to the age, character or antecedents of the offender, and to the circumstances in which the offence was committed, that it is expedient that the offender should be released on probation of good conduct, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail bond to appear and receive sentence when called upon during such period (not exceeding three years) as the Court may direct, and in the meantime to keep the peace and be of good behavior: Provided that where any first offender is convicted by a Magistrate of the second class not specially empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who shall dispose of the case in the manner provided by sub-section (2). (2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or evidence to be made or taken. (3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’ imprisonment or any offence punishable with fine only and no previous conviction is proved against him, the Court before which he is so convicted may, if it thinks fit, having regard to the age, character, antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any extenuating circumstances under which the offence was committed, instead of sentencing him to any punishment, release him after due admonition. (4) An order under this section may be made by any Appellate Court or by the High Court or Court of Session when exercising its powers of revision. (5) When an order has been made under this section in respect of any offender, the High Court or Court of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: Provided that the High Court or Court of Session shall not under this sub-section inflict a greaterpunishment than might have been inflicted by the Court by which the offender was convicted. (6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties offered in pursuance of the provisions of this section. (7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the Court acts or in which the offender is likely to live during the period named for the observance of the conditions. (8) If the Court which convicted the offender, or a Court which could have dealt with the offender in respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension. (9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing the case, pass sentence. (10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958 (20 of 1958), or the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders. 402. Special reasons to be recorded in certain cases. —Where in any case the Court could have dealt with, (a) an accused person under section 401 or under the provisions of the Probation of Offenders Act, 1958 (20 of 1958); or (b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of youthful offenders, but has not done so, it shall record in its judgment the special reasons for not having done so. 403. Court not to alter judgment. —Save as otherwise provided by this Sanhita or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error. 404. Copy of judgment to be given to accused and other persons.— (1) When the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost. (2) On the application of the accused, a certified copy of the judgment, or when he so desires, a translation in his own language if practicable or in the language of the Court, shall be given to him without delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of cost: Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether or not he applies for the same. (3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply in relation to a judgment which is appealable by the accused. (4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be preferred. (5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, be given a copy of such judgment or order or of any deposition or other part of the record: Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost: Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record. (6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, and subject to such conditions, as the High Court may, by such rules, provide. 405. Judgment when to be translated. —The original judgment shall be filed with the record of the proceedings and where the original is recorded in a language different from that of the Court, and if either party so requires, a translation thereof into the language of the Court shall be added to such record. 406. Court of Session to send copy of finding and sentence to District Magistrate. —In cases tried by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local jurisdiction the trial was held. CHAPTER XXX: SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 407. Sentence of death to be submitted by Court of Session for confirmation.— (1) When the Court of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. (2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant. 408. Power to direct further inquiry to be made or additional evidence to be taken.— (1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. (2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken. (3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court. 409. Power of High Court to confirm sentence or annul conviction. —In any case submitted under section 407, the High Court (a) may confirm the sentence, or pass any other sentence warranted by law; or (b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge; or (c) may acquit the accused person: Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of. 410. Confirmation or new sentence to be signed by two Judges. —In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them. 411. Procedure in case of difference of opinion. —Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 433. 412. Procedure in cases submitted to High Court for confirmation. —In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send either physically, or through electronic means, a copy of the order, under the seal of the High Court and attested with his official signature, to the Court of Session. CHAPTER XXXI: APPEALS 413. No appeal to lie unless otherwise provided. —No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: Provided that the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. 414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior.—Any person, — (i) who has been ordered under section 136 to give security for keeping the peace or for good behaviour; or (ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140, may appeal against such order to the Court of Session: Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141. 415. Appeals from convictions.— (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court. (2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed against him or against any other person convicted at the same trial, may appeal to the High Court. (3) Save as otherwise provided in sub-section (2), any person,-- (a) convicted on a trial held by Magistrate of the first class, or of the second class; or (b) sentenced under section 364; or (c) in respect of whom an order has been made or a sentence has been passed under section 401 by any Magistrate, may appeal to the Court of Session. (4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal. 416. No appeal in certain cases when accused pleads guilty. —Notwithstanding anything in section 415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,— (i) if the conviction is by a High Court; or (ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to the extent or legality of the sentence. 417. No appeal in petty cases. —Notwithstanding anything in section 415, there shall be no appeal by a convicted person in any of the following cases, namely: — (a) where a High Court passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; (b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; (c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or (d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only a sentence of fine not exceeding two hundred rupees: Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground— (i) that the person convicted is ordered to furnish security to keep the peace; or (ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or (iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case. 418. Appeal by State Government against sentence.— (1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (2) If such conviction is in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its inadequacy— (a) to the Court of Session, if the sentence is passed by the Magistrate; and (b) to the High Court, if the sentence is passed by any other Court. (3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence. (4) When an appeal has been filed against a sentence passed under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal shall be disposed of within a period of six months from the date of filing of such appeal. 419. Appeal in case of acquittal.— (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),— (a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non- bailable offence; (b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (2) If such an order of acquittal is passed in a case in which the offence has been investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal— (a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence; (b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. (3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court. (4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court. (5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal. (6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2). 420. Appeal against conviction by High Court in certain cases. —Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court. 421. Special right of appeal in certain cases. —Notwithstanding anything in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. 422. Appeal to Court of Session how heard.— (1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge: Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by the Chief Judicial Magistrate. (2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear. 423. Petition of appeal. —Every appeal shall be made in the form of a petition in writing presented by the appellant or his advocate, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against. 424. Procedure when appellant in jail. —If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court. 425. Summary dismissal of appeal.— (1) If upon examining the petition of appeal and copy of the judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily: Provided that— (a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate has had a reasonable opportunity of being heard in support of the same; (b) no appeal presented under section 424 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case; (c) no appeal presented under section 424 shall be dismissed summarily until the period allowed for preferring such appeal has expired. (2) Before dismissing an appeal under this section, the Court may call for the record of the case. (3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so. (4) Where an appeal presented under section 424 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law. 426. Procedure for hearing appeals not dismissed summarily.— (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given— (i) to the appellant or his advocate; (ii) to such officer as the State Government may appoint in this behalf; (iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant; (iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal. (2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties: Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record. (3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground. 427. Powers of Appellate Court. —After perusing such record and hearing the appellant or his advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may— (a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law; (b) in an appeal from a conviction— (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial; or (ii) alter the finding, maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same; (c) in an appeal for enhancement of sentence— (i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence; or (ii) alter the finding maintaining the sentence; or (iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal. 428. Judgments of subordinate Appellate Court. —The rules contained in Chapter XXIX as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate: Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered. 429. Order of High Court on appeal to be certified to lower Court.— (1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate. (2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended in accordance therewith. 430. Suspension of sentence pending appeal; release of appellant on bail.— (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond or bail bond: Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release: Provided further that in cases where a convicted person is released on bail it shall be open to the Public Prosecutor to file an application for the cancellation of the bail. (2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto. (3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall:  (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years; or (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail, order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended. (4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced. 431. Arrest of accused in appeal from acquittal. —When an appeal is presented under section 419, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. 432. Appellate Court may take further evidence or direct it to be taken.— (1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the Appellate Court is a High Court, by a Court of Session or a Magistrate. (2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. (3) The accused or his advocate shall have the right to be present when the additional evidence is taken. (4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it were an inquiry. 433. Procedure where Judges of Court of appeal are equally divided. —When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion: Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges. 434. Finality of judgments and orders on appeal. —Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 418, section 419, sub-section (4) of section 425 or Chapter XXXII: Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,— (a) an appeal against acquittal under section 419, arising out of the same case; or (b) an appeal for the enhancement of sentence under section 418, arising out of the same case. 435. Abatement of appeals.— (1) Every appeal under section 418 or section 419 shall finally abate on the death of the accused. (2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant: Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate. Explanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or sister. CHAPTER XXXII: REFERENCE AND REVISION 436. Reference to High Court.— (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court. Explanation. —In this section, “Regulation” means any Regulation as defined in the General Clauses Act, 1897 (10 of 1897), or in the General Clauses Act of a State. (2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub- section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case. (3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to appear when called upon. 437. Disposal of case according to decision of High Court.— (1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order. (2) The High Court may direct by whom the costs of such reference shall be paid. 438. Calling for records to exercise powers of revision.— (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond pending the examination of the record. Explanation. —All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub- section and of section 439. (2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. (3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. 439. Power to order inquiry. — On examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub- section (4) of section 227, or into the case of any person accused of an offence who has been discharged: Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made. 440. Sessions Judge's powers of revision.— (1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 442. (2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be construed as references to the Sessions Judge. (3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court. 441. Power of Additional Sessions Judge. —An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge. 442. High Court's powers of revision.— (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court of Session by section 344, and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 433. (2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by advocate in his own defence. (3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction. (4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed. (5) Where under this Sanhita an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly. 443. Power of High Court to withdraw or transfer revision cases.— (1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge be transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge. (2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself. (3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself. (4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge. 444. Option of Court to hear parties. —Save as otherwise expressly provided by this Sanhita, no party has any right to be heard either personally or by an advocate before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by an advocate. 445. High Court's order to be certified to lower Court. —When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified, and, if necessary, the record shall be amended in accordance therewith. CHAPTER XXXIII: TRANSFER OF CRIMINAL CASES 446. Power of Supreme Court to transfer cases and appeals.— (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case. 447. Power of High Court to transfer cases and appeals.— (1) Whenever it is made to appear to the High Court— (a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; or (b) that some question of law of unusual difficulty is likely to arise; or (c) that an order under this section is required by any provision of this Sanhita, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order— (i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205 (both inclusive), but in other respects competent to inquire into or try such offence; (ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; (iii) that any particular case be committed for trial to a Court of Session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative: Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him. (3) Every application for an order under sub-section (1) shall be made by motion, which shall, except when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation. (4) When such application is made by an accused person, the High Court may direct him to execute a bond or bail bond for the payment of any compensation which the High Court may award under sub-section (7). (5) Every accused person making such application shall give to the Public Prosecutor notice in writing of the application, together with a copy of the grounds on which it is made; and no order shall be made on the merits of the application unless at least twenty-four hours have elapsed between the giving of such notice and the hearing of the application. (6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High Court may, if it is satisfied that it is necessary so to do in the interest of justice, order that, pending the disposal of the application the proceedings in the subordinate Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court's power of remand under section 346. (7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider proper in the circumstances of the case. (8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial before itself, it shall observe in such trial the same procedure which that Court would have observed if the case had not been so transferred. (9) Nothing in this section shall be deemed to affect any order of the Government under section 218. 448. Power of Sessions Judge to transfer cases and appeals.— (1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division. (2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative. (3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten thousand rupees” were substituted. 449. Withdrawal of cases and appeals by Sessions Judges.— (1) A Sessions Judge may withdraw any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate subordinate to him. (2) At any time before the trial of the case or the hearing of the appeal has commenced before the Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any Additional Sessions Judge. (3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be. 450. Withdrawal of cases by Judicial Magistrates.— (1) Any Chief Judicial Magistrate may withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate competent to inquire into or try the same. (2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 to any other Magistrate and may inquire into or try such cases himself. 451. Making over or withdrawal of cases by Executive Magistrates. Any District Magistrate or Sub-divisional Magistrate may— (a) make over, for disposal, any proceeding which has been started before him, to any Magistrate subordinate to him; (b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate. 452. Reasons to be recorded. — A Sessions Judge or Magistrate making an order under section 448, section 449, section 450 or section 451 shall record his reasons for making it. CHAPTER XXXIV: EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.—Death sentences 453. Execution of order passed under section 409. — When in a case submitted to the High Court for the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or taking such other steps as may be necessary. 454. Execution of sentence of death passed by High Court. — When a sentence of death is passed by the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, cause the sentence to be carried into effect by issuing a warrant. 455. Postponement of execution of sentence of death in case of appeal to Supreme Court.— (1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until the period allowed for preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is disposed of. (2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause (c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has expired. (3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to be postponed for such period as it considers sufficient to enable him to present such petition. 456. Commutation of sentence of death on pregnant woman. — If a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life. B.—Imprisonment 457. Power to appoint place of imprisonment. (1) Except when otherwise provided by any law for the time being in force, the State Government may direct in what place any person liable to be imprisoned or committed to custody under this Sanhita shall be confined. (2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person be removed to a criminal jail. (3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released therefrom, be sent back to the civil jail, unless either— (a) three years have elapsed since he was removed to the criminal jail, in which case he shall be deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908 (5 of 1908); or (b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 1908 (5 of 1908). 458. Execution of sentence of imprisonment.— (1) Where the accused is sentenced to imprisonment for life or to imprisonment for a term in cases other than those provided for by section 453, the Court passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, confined, and, unless the accused is already confined in such jail or other place, shall forward him to such jail or other place, with the warrant: Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the Court may direct. (2) Where the accused is not present in Court when he is sentenced to such imprisonment as is mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence on the date of his arrest. 459. Direction of warrant for execution. — Every warrant for the execution of a sentence of imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or is to be, confined. 460. Warrant with whom to be lodged. —When the prisoner is to be confined in a jail, the warrant shall be lodged with the jailor. C.— Levy of fine 461. Warrant for levy of fine.— (1) When an offender has been sentenced to pay a fine, but no such payment has been made, the Court passing the sentence may take action for the recovery of the fine in either or both of the following ways, that is to say, it may— (a) issue a warrant for the levy of the amount by attachment and sale of any movable property belonging to the offender; (b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears of land revenue from the movable or immovable property, or both, of the defaulter: Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an order for the payment of expenses or compensation out of the fine under section 395. (2) The State Government may make rules regulating the manner in which warrants under clause (a) of sub-section (1) are to be executed, and for the summary determination of any claims made by any person other than the offender in respect of any property attached in execution of such warrant. (3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if such warrant were a certificate issued under such law: Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 462. Effect of such warrant. — A warrant issued under clause (a) of sub-section (1) of section 461 by any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within whose local jurisdiction such property is found. 463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend. — Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue, such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section as to the execution of such warrant shall apply accordingly. 464. Suspension of execution of sentence of imprisonment.— (1) When an offender has been sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid forthwith, the Court may— (a) order that the fine shall be payable either in full on or before a date not more than thirty days from the date of the order, or in two or three installments, of which the first shall be payable on or before a date not more than thirty days from the date of the order and the other or others at an interval or at intervals, as the case may be, of not more than thirty days; (b) suspend the execution of the sentence of imprisonment and release the offender, on the execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance before the Court on the date or dates on or before which payment of the fine or the installments thereof, as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may be, is not realised on or before the latest date on which it is payable under the order, the Court may direct the sentence of imprisonment to be carried into execution at once. (2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the payment of money has been made on non-recovery of which imprisonment may be awarded and the money is not paid forthwith; and, if the person against whom the order has been made, on being required to enter into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of imprisonment. D.—General provisions regarding execution 465. Who may issue warrant. —Every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office. 466. Sentence on escaped convict when to take effect.— (1) When a sentence of death, imprisonment for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect immediately. (2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped convict, — (a) if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect immediately; (b) if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. (3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment. 467. Sentence on offender already sentenced for another offence.— (1) When a person alreadyundergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent sentence shall run concurrently with such previous sentence: Provided that where a person who has been sentenced to imprisonment by an order under section 141 in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an offence committed prior to the making of such order, the latter sentence shall commence immediately. (2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence. 468. Period of detention undergone by accused to be set off against sentence of imprisonment. — Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him: Provided that in cases referred to in section 475, such period of detention shall be set off against the period of fourteen years referred to in that section. 469. Saving.— (1) Nothing in section 466 or section 467 shall be held to excuse any person from any part of the punishment to which he is liable upon his former or subsequent conviction. (2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence of imprisonment and the person undergoing the sentence is after its execution to undergo a further substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award of imprisonment in default of payment of the fine until the person has undergone the further sentence or sentences. 470. Return of warrant on execution of sentence. — When a sentence has been fully executed, the officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under his hand certifying the manner in which the sentence has been executed. 471. Money ordered to be paid recoverable as a fine. —Any money (other than a fine) payable by virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly provided for, shall be recoverable as if it were a fine: Provided that section 461 shall, in its application to an order under section 400, by virtue of this section, be construed as if in the proviso to sub-section (1) of section 461, after the words and figures “under section 395”, the words and figures “or an order for payment of costs under section 400” had been inserted. E.—Suspension, remission and commutation of sentences 472. Mercy petition in death sentence cases.— (1) A convict under the sentence of death or his legal heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition before the President of India under article 72 or the Governor of the State under article 161 of the Constitution within a period of thirty days from the date on which the Superintendent of the jail, — (i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme Court; or (ii) informs him about the date of confirmation of the sentence of death by the High Court and the time allowed to file an appeal or special leave in the Supreme Court has expired. (2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or disposal by the Governor, the petition shall be made to the President within a period of sixty days from the date of rejection or disposal of such petition. (3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case there are more than one convict in a case, also files the mercy petition within a period of sixty days and on non-receipt of such petition from the other convicts, Superintendent of the jail shall send the names, addresses, copy of the record of the case and all other details of the case to the Central Government or the State Government for consideration along with the said mercy petition. (4) The Central Government shall, on receipt of the mercy petition seek the comments of the State Government and consider the petition along with the records of the case and make recommendations to the President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt of comments of the State Government and records from Superintendent of the Jail. (5) The President may, consider, decide and dispose of the mercy petition and, in case there are more than one convict in a case, the petitions shall be decided by the President together in the interests of justice. (6) Upon receipt of the order of the President on the mercy petition, the Central Government shall within forty-eight hours, communicate the same to the Home Department of the State Government and the Superintendent of the jail or officer in charge of the jail. (7) No appeal shall lie in any Court against the order of the President or of the Governor made under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of the decision by the President or the Governor shall not be inquired into in any Court. 473. Power to suspend or remit sentences.— (1) When any person has been sentenced to punishment for an offence, the appropriate Government may, at any time, without conditions or upon any conditions which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part of the punishment to which he has been sentenced. (2) Whenever an application is made to the appropriate Government for the suspension or remission of a sentence, the appropriate Government may require the presiding Judge of the Court before or by which the conviction was had or confirmed, to state his opinion as to whether the application should be granted or refused, together with his reasons for such opinion and also to forward with the statement of such opinion a certified copy of the record of the trial or of such record thereof as exists. (3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the sentence. (4) The condition on which a sentence is suspended or remitted under this section may be one to be fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his will. (5) The appropriate Government may, by general rules or special orders, give directions as to the suspension of sentences and the conditions on which petitions should be presented and dealt with: Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall be entertained, unless the person sentenced is in jail, and— (a) where such petition is made by the person sentenced, it is presented through the officer in charge of the jail; or (b) where such petition is made by any other person, it contains a declaration that the person sentenced is in jail. (6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes any liability upon him or his property. (7) In this section and in section 474, the expression “appropriate Government” means,— (a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) is passed under, any law relating to a matter to which the executive power of the Union extends, the Central Government; (b) in other cases, the Government of the State within which the offender is sentenced or the said order is passed. 474. Power to commute sentence.— The appropriate Government may, without the consent of the person sentenced, commute— (a) a sentence of death, for imprisonment for life; (b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years; (c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than three years; (d) a sentence of imprisonment for less than seven years, for fine; (e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person might have been sentenced. 475. Restriction on powers of remission or commutation in certain cases. — Notwithstanding anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 474 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen years of imprisonment. 476. Concurrent power of Central Government in case of death sentences. — The powers conferred by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised by the Central Government. 477. State Government to act after concurrence with Central Government in certain cases.— (1) The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, in any case where the sentence is for an offence— (a) which was investigated by any agency empowered to make investigation into an offence under any Central Act other than this Sanhita; or (b) which involved the misappropriation or destruction of, or damage to, any property belonging to the Central Government; or (c) which was committed by a person in the service of the Central Government while acting or purporting to act in the discharge of his official duty, shall not be exercised by the State Government except after concurrence with the Central Government. (2) No order of suspension, remission or commutation of sentences passed by the State Government in relation to a person, who has been convicted of offences, some of which relate to matters to which the executive power of the Union extends, and who has been sentenced to separate terms of imprisonment which are to run concurrently, shall have effect unless an order for the suspension, remission or commutation, as the case may be, of such sentences has also been made by the Central Government in relation to the offences committed by such person with regard to matters to which the executive power of the Union extends. CHAPTER XXXV: PROVISIONS AS TO BAIL AND BONDS 478. In what cases bail to be taken.— (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a bond for his appearance as hereinafter provided. Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the purposes of this proviso: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 135 or section 492. (2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond or bail bond to pay the penalty thereof under section 491. 479. Maximum period for which under trial prisoner can be detained.— (1) Where a person has, during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being an offence for which the punishment of death or life imprisonment has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: Provided that where such person is a first-time offender (who has never been convicted of any offence in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending up to one-third of the maximum period of imprisonment specified for such offence under that law: Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail bond instead of his bond: Provided also that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. Explanation. —In computing the period of detention under this section for granting bail, the period of detention passed due to delay in proceeding caused by the accused shall be excluded. (2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he shall not be released on bail by the Court. (3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one- third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in writing to the Court to proceed under sub-section (1) for the release of such person on bail. 480. When bail may be taken in case of non-bailable offence.— (1) When any person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but— (i) such person shall not be so released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but less than seven years: Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on bail if such person is a child or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused person may be required for being identified by witnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court: Provided also that no person shall, if the offence alleged to have been committed by him is punishable with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court under this sub-section without giving an opportunity of hearing to the Public Prosecutor. (2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provisions of section 492 and pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond for his appearance as hereinafter provided. (3) When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (1), the Court shall impose the conditions,-- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter; (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence, and may also impose, in the interests of justice, such other conditions as it considers necessary. (4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing. (5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. (6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. (7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution by him of a bond for his appearance to hear judgment delivered. 481. Bail to require accused to appear before next Appellate Court.— (1) Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when such Court issues notice in respect of any appeal or petition filed against the judgment of the respective Court and such bond shall be in force for six months. (2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall apply. 482. Direction for grant of bail to person apprehending arrest.— (1) When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. (2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including— (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; (iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section. (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should be issued in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub-section (1). (4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. 483. Special powers of High Court or Court of Session regarding bail.— (1) A High Court or Court of Session may direct,— (a) that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary for the purposes mentioned in that sub-section; (b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or modified: Provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: Provided further that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days from the date of receipt of the notice of such application. (2) The presence of the informant or any person authorised by him shall be obligatory at the time of hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya Sanhita, 2023. (3) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody. 484. Amount of bond and reduction thereof.— (1) The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. (2) The High Court or the Court of Session may direct that the bail required by a police officer or Magistrate be reduced. 485. Bond of accused and sureties.— (1) Before any person is released on bond or bail bond, a bond for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or Court, as the case may be. (2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall also contain that condition. (3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear when called upon at the High Court, Court of Session or other Court to answer the charge. (4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate subordinate to the Court, as to such sufficiency or fitness. 486. Declaration by sureties.— Every person standing surety to an accused person for his release on bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety including the accused, giving therein all the relevant particulars. 487. Discharge from custody.— (1) As soon as the bond or bail bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the orders shall release him. (2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond or bail bond was executed. 488. Power to order sufficient bail when that first taken is insufficient. — If, through mistake, fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the Court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail. 489. Discharge of sureties.— (1) All or any sureties for the attendance and appearance of a person released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as relates to the applicants. (2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the person so released be brought before him. (3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail. 490. Deposit instead of recognizance. — When any person is required by any Court or officer to execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, permit him to deposit a sum of money or Government promissory notes to such amount as the Court or officer may fix in lieu of executing such bond. 491. Procedure when bond has been forfeited.— (1) Where, — (a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been transferred, that the bond has been forfeited; or (b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by which the bond was taken, or of any Court to which the case has subsequently been transferred, or of the Court of any Magistrate of the first class, that the bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid. Explanation. —A condition in a bond for appearance, or for production of property, before a Court shall be construed as including a condition for appearance, or as the case may be, for production of property, before any Court to which the case may subsequently be transferred. (2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the same as if such penalty were a fine imposed by it under this Sanhita: Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months. (3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only. (4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond. (5) Where any person who has furnished security under section 125 or section 136 or section 401 is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was committed by him unless the contrary is proved. 492. Cancellation of bond and bail bond. — Without prejudice to the provisions of section 491, where a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach of a condition,— (a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and (b) thereafter no such person shall be released only on his own bond in that case, if the police officer or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition: Provided that subject to any other provisions of this Sanhita he may be released in that case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the Court, as the case may be, thinks sufficient. 493. Procedure in case of insolvency or death of surety or when a bond is forfeited. — When any surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such Court or Magistrate may proceed as if there had been a default in complying with such original order. 494. Bond required from child. — When the person required by any Court, or officer to execute a bond is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. 495. Appeal from orders under section 491.— All orders passed under section 491 shall be appealable,— (i) in the case of an order made by a Magistrate, to the Sessions Judge; (ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an order made by such Court. 496. Power to direct levy of amount due on certain recognizances. — The High Court or Court of Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such High Court or Court of Session. CHAPTER XXXVI: DISPOSAL OF PROPERTY 497. Order for custody and disposal of property pending trial in certain cases.— (1) When any property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of. Explanation. —For the purposes of this section, “property” includes— (a) property of any kind or document which is produced before the Court or which is in its custody; (b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence. (2) The Court or the Magistrate shall, within a period of fourteen days from the production of the property referred to in sub-section (1) before it, prepare a statement of such property containing its description in such form and manner as the State Government may, by rules, provide. (3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on mobile phone or any electronic media, of the property referred to in sub-section (1). (4) The statement prepared under sub-section (2) and the photograph or the videography taken under sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. (5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter. 498. Order for disposal of property at conclusion of trial.— (1) When an investigation, inquiry or trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence. (2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. (3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 503, 504 and 505. (4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of. (5) In this section, the term “property” includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. 499. Payment to innocent purchaser of money found on accused. —When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him within six months from the date of such order. 500. Appeal against orders under section 498 or section 499.— (1) Any person aggrieved by an order made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court. (2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just. (3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made. 501. Destruction of libellous and other matter.— (1) On a conviction under section 294, section 295, or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted. (2) The Court may, in like manner, on a conviction under section 274, section 275, section 276 or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed. 502. Power to restore possession of immovable property.— (1) When a person is convicted of an offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such use of force or show of force or intimidation, any person has been dispossessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property: Provided that no such order shall be made by the Court more than one month after the date of the conviction. (2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be. (3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in relation thereto as they apply in relation to an order under section 499. (4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit. 503. Procedure by police upon seizure of property.— (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property. (2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation. 504. Procedure where no claimant appears within six months.— (1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as the State Government may, by rules, provide. (2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate. 505. Power to sell perishable property. — If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale. CHAPTER XXXVII: IRREGULAR PROCEEDINGS 506. Irregularities which do not vitiate proceedings. — If any Magistrate not empowered by law to do any of the following things, namely:— (a) to issue a search-warrant under section 97; (b) to order, under section 174, the police to investigate an offence; (c) to hold an inquest under section 196; (d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction; (e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210; (f) to make over a case under sub-section (2) of section 212; (g) to tender a pardon under section 343; (h) to recall a case and try it himself under section 450; or (i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered. 507. Irregularities which vitiate proceedings.— If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:— (a) attaches and sells property under section 85; (b) issues a search-warrant for a document, parcel or other things in the custody of a postal authority; (c) demands security to keep the peace; (d) demands security for good behaviour; (e) discharges a person lawfully bound to be of good behaviour; (f) cancels a bond to keep the peace; (g) makes an order for maintenance; (h) makes an order under section 152 as to a local nuisance; (i) prohibits, under section 162, the repetition or continuance of a public nuisance; (j) makes an order under Part C or Part D of Chapter XI; (k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210; (l) tries an offender; (m) tries an offender summarily; (n) passes a sentence, under section 364, on proceedings recorded by another Magistrate; (o) decides an appeal; (p) calls, under section 438, for proceedings; or (q) revises an order passed under section 491, his proceedings shall be void. 508. Proceedings in wrong place.— No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice. 509. Non-compliance with provisions of section 183 or section 316.— (1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, not with standing anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement. (2) The provisions of this section apply to Courts of appeal, reference and revision. 510. Effect of omission to frame, or absence of, or error in, charge.— (1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby. (2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been occasioned, it may,— (a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be recommenced from the point immediately after the framing of the charge; (b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit: Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction. 511. Finding or sentence when reversible by reason of error, omission or irregularity.— (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby. (2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could and should have been raised at an earlier stage in the proceedings. 512. Defect or error not to make attachment unlawful.— No attachment made under this Sanhita shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. CHAPTER XXXVIII: LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 513. Definitions.— For the purposes of this Chapter, unless the context otherwise requires, “period of limitation” means the period specified in section 514 for taking cognizance of an offence. 514. Bar to taking cognizance after lapse of period of limitation.— (1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. (2) The period of limitation shall be— (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. (3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment. Explanation. —For the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173. 515. Commencement of period of limitation.—  (1) The period of limitation, in relation to an offender, shall commence,— (a) on the date of the offence; or (b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or (c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier. (2) In computing the said period, the day from which such period is to be computed shall be excluded. 516. Exclusion of time in certain cases.— (1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. (2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. (3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. Explanation. —In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded. (4) In computing the period of limitation, the time during which the offender— (a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or (b) has avoided arrest by absconding or concealing himself, shall be excluded. 517. Exclusion of date on which Court is closed. — Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens. Explanation.— A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day. 518. Continuing offence. —In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues. 519. Extension of period of limitation in certain cases. — Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice. CHAPTER XXXIX: MISCELLANEOUS 520. Trials before High Courts. — When an offence is tried by the High Court otherwise than under section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case. 521. Delivery to commanding officers of persons liable to be tried by Court-martial.— (1) The Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or air- force law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Court- martial. Explanation. —In this section— (a) “unit” includes a regiment, corps, ship, detachment, group, battalion or company; (b) “Court-martial” includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union. (2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence. (3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court- martial. 522. Forms. — Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient. 523. Power of High Court to make rules.— (1) Every High Court may, with the previous approval of the State Government, make rules— (a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it; (b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them; (c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed; (d) any other matter which is required to be, or may be, provided by rules made by the State Government. (2) All rules made under this section shall be published in the Official Gazette. 524. Power to alter functions allocated to Executive Magistrate in certain cases.— If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class. 525. Cases in which Judge or Magistrate is personally interested.— No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself. Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case is alleged to have occurred, and made an inquiry in connection with the case. 526. Practising advocate not to sit as Magistrate in certain Courts. — No advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court. 527. Public servant concerned in sale not to purchase or bid for property. — A public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property. 528. Saving of inherent powers of High Court. —Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 529. Duty of High Court to exercise continuous superintendence over Courts. — Every High Court shall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and Magistrates. 530. Trial and proceedings to be held in electronic mode. —All trials, inquires and proceedings under this Sanhita, including (i) issuance, service and execution of summons and warrant; (ii) examination of complainant and witnesses; (iii) recording of evidence in inquiries and trials; and (iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. 531. Repeal and savings.— (1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed. (2) Notwithstanding such repeal— (a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force; (b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita; (c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent. (3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time. THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTES (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as indication of the substance of the section. (2) In this Schedule, (i) the expression “Magistrate of the first class” and “any Magistrate” does not include Executive Magistrates; (ii) the word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) the word “non-cognizable” stands for “a police officer shall not arrest without warrant”. I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA Section Offence Punishment Cognizable or Non-cognizable Bailable or Non-bailable By what Court triable 49 Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. Same as for offence abetted. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 50 Abetment of any offence, if the person abetted does act with different intention from that of abettor. Same as for offence abetted. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 51 Abetment of any offence, when one act is abetted and a different act is done; intended to be subject to the proviso. Same as for offence abetted. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 52 Abettor when liable to cumulative punishment for act abetted and for act done. Same as for offence abetted. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 53 Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor. Same as for offence committed. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 54 Abetment of any offence, if abettor present when offence is committed. Same as for offence committed. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 55 Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. Imprisonment for 7 years and fine. According as offence abetted is cognizable or non-cognizable. Non-bailable. Court by which offence abetted is triable.   If an act which causes harm to be done in consequence of the abetment. Imprisonment for 14 years and fine. According as offence abetted is cognizable or non-cognizable. Non-bailable. Court by which offence abetted is triable. 56 Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable.   If the abettor or the person abetted be a public servant whose duty it is to prevent the offence. Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 57 Abetting commission of an offence by the public or by more than ten persons. Imprisonment which may extend to 7 years and fine. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 58(a) Concealing design to commit offence punishable with death or imprisonment for life, if the offence be committed. Imprisonment for 7 years and fine. According as offence abetted is cognizable or non-cognizable. Non-bailable. Court by which offence abetted is triable. 58(b) If offence be not committed. Imprisonment for 3 years and fine. According as offence abetted is cognizable or non-cognizable. Bailable. Court by which offence abetted is triable. 59(a) A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed. Imprisonment extending to one-half of the longest term provided for the offence, or fine, or both. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 59(b) If the offence be punishable with death or imprisonment for life. Imprisonment for 10 years. According as offence abetted is cognizable or non-cognizable. Non-bailable. Court by which offence abetted is triable. 59(c) If the offence be not committed. Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. According as offence abetted is cognizable or non-cognizable. Bailable. Court by which offence abetted is triable. 60(a) Concealing a design to commit an offence punishable with imprisonment, if offence be committed. Imprisonment extending to one-fourth of the longest term provided for the offence, or fine, or both. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non-bailable. Court by which offence abetted is triable. 60(b) If the offence be not committed. Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both. According as offence abetted is cognizable or non-cognizable. Bailable. Court by which offence abetted is triable. 61(2)(a) Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards. Same as for abetment of the offence which is the object of the conspiracy. According as the offence which is the object of conspiracy is cognizable or non-cognizable. According as offence which is object of conspiracy is bailable or non-bailable. Court by which abetment of the offence which is the object of conspiracy is triable. 61(2)(1) Any other criminal conspiracy. Imprisonment for 6 months, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. 62 Attempting to commit offence punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence. One half of the imprisonment for life, or imprisonment not exceeding one-half of the longest term, provided for the offence, or fine, or both. According as the men offence is cognizable or non-cognizable. According as the offence attempted by the offender is bailable or non-bailable. The court by which the offence attempted is triable. 64(1) Rape Rigorous imprisonment for not less than 10 years but may extend to life imprisonment, and fine. Cognizable Non-bailable Court of Session 64(2) Rape by a police officer or a public servant or member of armed forces  or a person being on the management or on the  staff of a jail, remand  home or other place of  custody or women's or children's institution or by a person on the management or on the staff of a hospital, and rape committed by a person in a position of trust or authority towards the person raped or by a near relative of the personraped. Rigorous imprisonment  for not less than 10 years but which may extend to  imprisonment for life which shall mean the  remainder of that person's natural life and  fine. Cognizable Non-bailable Court of Session 65(1) Persons committing offence of rape on a woman under sixteen years of age. Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life and fine. Cognizable Non-bailable Court of Session 65(2) Persons committing offence of rape on a woman under twelve years of age. Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or death. Cognizable Non-bailable Court of Session 66 Person committing an  offence of rape and  inflicting injury which  causes death or causes the  woman to be in a  persistent vegetative state. Rigorous imprisonment  for not less than 20 years but which may  extend to imprisonment  for life which shall mean imprisonment for the remainder of that person's natural life or death. Cognizable Non-bailable Court of Session 67 Sexual intercourse by husband upon wife during separation Imprisonment for not less than 2 years but may extend to 7 years and fine. Cognizable (only on complaint of victim) Bailable Court of Session 68 Sexual intercourse by person in authority, etc. Rigorous imprisonment for not less than 5 years but may extend to 10 years and fine. Cognizable Non-bailable Court of Session 69 Sexual intercourse by employing deceitful means, etc. Imprisonment up to 10 years and fine. Cognizable Non-bailable Court of Session 70(1) Gang rape Rigorous imprisonment for not less than 20 years but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and fine. Cognizable Non-bailable Court of Session 70(2) Gang rape on a woman under 18 years of age Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life and with fine or with death. Cognizable Non-bailable Court of Session 71 Repeat offenders Imprisonment for life which shall mean imprisonment for the remainder of that person's natural life or with death. Cognizable Non-bailable Court of Session 72(1) Disclosure of identity of the victim of certain offences, etc. Imprisonment for 2 years and fine. Cognizable Bailable Any Magistrate 73 Printing or publication of a proceeding without prior court permission Imprisonment for 2 years and fine. Cognizable Bailable Any Magistrate 74 Assault or use of criminal force to woman with intent to outrage her modesty Imprisonment for 1 year, which may  exten to 5 years and fine. Cognizable Non-bailable Any Magistrate 75(2) Sexual harassment and  punishment for sexual  harassment specified in  clause (i) or clause (ii) or  clause (iii) of sub-section (1). Rigorous imprisonment with 3 years, or fine, or both. Cognizable Non-bailable Court of Session 75(3) Sexual harassment  punishment for sexual  harassment specified in clause (iv) of sub-section (1). Imprisonment for 1 year, or fine, or both. Cognizable Non-bailable Court of Session 76 Assault or use of criminal force to woman with intent to disrobe Imprisonment not less than 3 years, extendable to 7 years and fine. Cognizable Non-bailable Court of Session 77 Voyeurism  Imprisonment for not less than 1 year but which may extend to 3 years and fine. Cognizable Bailable Court of Session Second or subsequent  conviction Imprisonment not less than 3 years, but which may extend to 7 years and fine. Cognizable Non-bailable Court of Session 78(2) Stalking Imprisonment up to 3 years and fine. Cognizable Bailable Any Magistrate Stalking or subsequent conviction Imprisonment up to 5 years and fine. Cognizable Non-bailable Any Magistrate 79 Uttering word or  any gesture intended to insult the modesty of a woman, etc. Simple imprisonment up to 3 years and fine. Cognizable Bailable Any Magistrate 80(2) Dowry death Imprisonment for not less than 7 years but which may extend to imprisonment for life. Cognizable Non-bailable Court of Session 81 A man by deceit causing a woman not lawfully married to him to believe, that she is lawfully married to him and to cohabit with him in that belief. Imprisonment for 10 years and fine. Non-cognizable Non-bailable Magistrate of the First Class 82(1) Marrying again during the life time of a husband or wife. Imprisonment for 7 years and fine. Non-cognizable Bailable Magistrate of the First Class 82(2) Same offence with concealment of the former marriage from the person with whom subsequent marriage is contracted. Imprisonment for 10 years and fine. Non-cognizable Bailable Magistrate of the First Class 83 A person with fraudulent intention going through the ceremony of being married, knowing that he is not thereby lawfully married. Imprisonment up to 7 years and fine. Non-cognizable Non-bailable Magistrate of the First Class 84 Enticing or taking away or detaining with a criminal intent a married woman. Imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Any Magistrate 85 Punishment for subjecting a married woman to cruelty Imprisonment for 3 years and fine Cognizable    Non-bailable Magistrate of the first class 87 Kidnapping, abducting or inducing woman to compel her marriage, etc. Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 88 Causing miscarriage Imprisonment for 3 years, or fine, or both Non-cognizable Bailable Magistrate of the first class   If the woman be quick with child Imprisonment for 7 years and fine Non-cognizable Bailable Magistrate of the first class 89 Causing miscarriage without woman’s consent Imprisonment for life, or imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 90(1) Death caused by an act done with intent to cause miscarriage Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 90(2) If act done without woman’s consent Imprisonment for life, or as above Cognizable Non-bailable Court of Session 91 Act done with intent to prevent a child being born alive, or to cause it to die after birth Imprisonment for 10 years, or fine, or both Cognizable Non-bailable Court of Session 92 Causing death of a quick unborn child by an act amounting to culpable homicide Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 93 Exposure of a child under 12 years of age by parent or person having care  of it with intention of wholly abandoning it Imprisonment for 7 years, or fine, or both Cognizable Bailable Magistrate of the first class 94 Concealment of birth by secret disposal of dead body Imprisonment for 2 years, or fine, or both Cognizable Bailable Magistrate of the first class 95 Hiring, employing or engaging a child to commit an offence Imprisonment for not less than 3 years but may extend to 10 years and fine Cognizable Non-bailable Magistrate of the first class   If offence be committed Same as for the offence committed Cognizable Non-bailable Court by which offence committed is triable. 96 Procuration of child Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 97 Kidnapping or abducting a child under 10 years with intent to steal from its person Imprisonment for 7 years and fine Cognizable Non-bailable Magistrate of the first class 98 Selling child for purposes of prostitution, etc. Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 99 Buying child for purposes of prostitution, etc. Imprisonment for not less than 7 years but may extend to 14 years and fine Cognizable Non-bailable Court of Session 103(1) Murder Death or imprisonment for life and fine Cognizable Non-bailable Court of Session 103(2) Murder by group of five or more persons Death or imprisonment for life and fine Cognizable Non-bailable Court of Session 104 Murder by life-convict Death or imprisonment for life, which shall mean the remainder of that person's natural life. Cognizable Non-bailable Court of Session 105 Culpable homicide not amounting to murder, if act by which the death is caused is done with intention of causing death, etc. Imprisonment for life, or imprisonment for not less than 5 years but which may extend to 10 years and fine Cognizable Non-bailable Court of Session If act be done with knowledge that it is likely to cause death, but without any intention to cause death, etc. Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 106(1) Causing death by negligence. Imprisonment for 5 years and fine / Imprisonment for 2 years and fine (registered medical practitioner) Cognizable Bailable Magistrate of the first class Causing death by  negligence by registered  medical practitioner. Imprisonment for 2 years and fine. Cognizable Bailable Magistrate of the first class. 106(2) Causing death by rash and negligent driving of vehicle and escaping Imprisonment for 10 years and fine Cognizable Non-bailable Magistrate of the first class 107 Abetment of suicide of child or person of unsound mind, etc. Death, or imprisonment for life, or imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 108 Abetment of suicide Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 109(1) Attempt to murder Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 109(2) Attempt by life-convict to murder, if hurt is caused Death, or imprisonment for life which shall mean the remainder of that person's natural life Cognizable Non-bailable Court of Session 110 Attempt to commit culpable homicide Imprisonment for 3 years, or fine or both Cognizable Non-bailable Court of Session If such act causes hurt to any person Imprisonment for 7 years, or fine, or both Cognizable Non-bailable Court of Session 111(2)(a) Organised crime resulting in death of any person Death or imprisonment for life and fine of not less than 10 lakh rupees Cognizable Non-bailable Court of Session 111(2)(b) In any other case Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. Cognizable Non-bailable Court of Session 111(3) Abetting, attempting, conspiring or knowingly facilitating the commission of organised crime Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees Cognizable Non-bailable Court of Session 111(4) Being a member of an organised crime syndicate. Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. Cognizable Non-bailable Court of Session 111(5) Intentionally harbouring or concealing any person who committed offence of organised crime. Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 5 lakh rupees. Cognizable Non-bailable Court of Session 111(6) Possessing property derived, or obtained from the commission of organised crime. Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine of not less than 2 lakh rupees. Cognizable Non-bailable Court of Session 111(7) Possessing property on behalf of a member of an organised crime syndicate. Imprisonment for not less than 3 years but which may extend to imprisonment for 10 years and fine of not less than 1 lakh rupees. Cognizable Non-bailable Court of Session 112 Petty organised crime Imprisonment for not less than 1 year but which may extend to 7 years and fine Cognizable Non-bailable Magistrate of the first class 113(2)(a) Terrorist act resulting in the death of any person Death or imprisonment for life and fine Cognizable Non-bailable Court of Session 113(2)(b) In any other case Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine Cognizable Non-bailable Court of Session 113(3) Conspiring, attempting, abetting, etc., or knowingly facilitating the commission of terrorist act Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine Cognizable Non-bailable Court of Session 113(4) Organising camps, training, etc., for commission of terrorist act Imprisonment for not less than 5 years but which may extend to imprisonment for life and fine Cognizable Non-bailable Court of Session 113(5) Being a member of an organisation involved in terrorist act Imprisonment for life and fine Cognizable Non-bailable Court of Session 113(6) Harbouring, concealing, etc., of any person who committed a terrorist act Imprisonment for not less than 3 years but which may extend to imprisonment for life and fine Cognizable Non-bailable Court of Session 113(7) Possessing property derived or obtained from commission of terrorist act Imprisonment for life and fine Cognizable Non-bailable Court of Session 115(2) Voluntarily causing hurt Imprisonment for 1 year or fine of 10,000 rupees, or both Non-cognizable Bailable Any Magistrate 117(2) Voluntarily causing grievous hurt Imprisonment for 7 years and fine Cognizable Bailable Any Magistrate 117(3) If hurt results in permanent disability or persistent vegetative state Rigorous imprisonment for not less than 10 years but which may extend to imprisonment for life which shall mean the remainder of that person's natural life. Cognizable Non-bailable Court of Session 117(4) Grievous hurt caused by a group of 5 or more persons Imprisonment for 7 years and fine Cognizable Non-bailable Court of Session 118(1) Voluntarily causing hurt by dangerous weapons or means Imprisonment for 3 years, or fine of 20,000 rupees, or both Cognizable Non-bailable Any Magistrate 118(2) Voluntarily causing grievous hurt by dangerous weapons or means [except as provided in section 122(2)] Imprisonment for life or imprisonment of not less than 1 year but which may extend to 10 years and fine Cognizable Non-bailable Magistrate of the first class 119(1) Voluntarily causing hurt to extort property, or to constrain to an illegal act Imprisonment for 10 years and fine Cognizable Non-bailable Magistrate of the first class 119(2) Voluntarily causing grievous hurt for any purpose referred to in sub-section (1) Imprisonment for life, or imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 120(1) Voluntarily causing hurt to extort confession or information, or to compel restoration of property, etc. Imprisonment for 7 years and fine Cognizable Bailable Magistrate of the first class 120(2) Voluntarily causing grievous hurt to extort confession or information, or to compel restoration of property, etc. Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 121(1) Voluntarily causing hurt to deter public servant from his duty Imprisonment for 5 years, or fine, or both Cognizable Non-bailable Magistrate of the first class 121(2) Voluntarily causing grievous hurt to deter public servant from his duty Imprisonment not less than 1 year, or imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 122(1) Voluntarily causing hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation Imprisonment for 1 month, or fine of 5,000 rupees, or both Non-cognizable Bailable Any Magistrate 122(2) Causing grievous hurt on grave and sudden provocation, not intending to hurt any other than the person who gave the provocation Imprisonment for 5 years, or fine of 10,000 rupees, or both Cognizable Bailable Magistrate of the first class 123 Causing hurt by means of poison, etc., with intent to commit an offence Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 124(1) Voluntarily causing grievous hurt by use of acid, etc. Imprisonment not less than 10 years, may extend to life, and fine Cognizable Non-bailable Court of Session 124(2) Voluntarily throwing or attempting to throw acid Imprisonment for 5 to 7 years and fine Cognizable Non-bailable Court of Session 125 Doing any act endangering human life or personal safety of others Imprisonment for 3 months, or fine of ₹2,500, or both Cognizable Bailable Any Magistrate 125(a) Where hurt is caused Imprisonment for 6 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 125(b) Where grievous hurt is caused Imprisonment for 3 years, or fine of ₹10,000, or both Cognizable Bailable Any Magistrate 126(2) Wrongfully restraining any person Simple imprisonment for 1 month, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 127(2) Wrongfully confining any person Imprisonment for 1 year, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 127(3) Wrongfully confining for 3 or more days Imprisonment for 3 years, or fine of ₹10,000, or both Cognizable Bailable Any Magistrate 127(4) Wrongfully confining for 10 or more days Imprisonment for 5 years and fine of ₹10,000 Cognizable Non-bailable Magistrate of the first class 127(5) Keeping in wrongful confinement despite writ of liberation Imprisonment for 2 years in addition to other punishment and fine Cognizable Bailable Magistrate of the first class 127(6) Wrongful confinement in secret Imprisonment for 3 years in addition to other punishment and fine Cognizable Bailable Magistrate of the first class 127(7) Wrongful confinement to extort property or illegal act Imprisonment for 3 years and fine Cognizable Bailable Any Magistrate 127(8) Wrongful confinement to extort confession or restore property Imprisonment for 3 years and fine Cognizable Bailable Any Magistrate 131 Assault/criminal force other than on grave provocation Imprisonment for 3 months, or fine of ₹1,000, or both Non-cognizable Bailable Any Magistrate 132 Assault/use of force to deter public servant Imprisonment for 2 years, or fine, or both Cognizable Non-bailable Any Magistrate 133 Assault/force with intent to dishonour (not grave provocation) Imprisonment for 2 years, or fine, or both Non-cognizable Bailable Any Magistrate 134 Assault/force to commit theft of worn/carried property Imprisonment for 2 years, or fine, or both Cognizable Bailable Any Magistrate 135 Assault/use of force to wrongfully confine Imprisonment for 1 year, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 136 Assault/force on grave and sudden provocation Simple imprisonment for 1 month, or fine of ₹1,000, or both Non-cognizable Bailable Any Magistrate 137(2) Kidnapping. Imprisonment for 7 years and fine. Cognizable Bailable Magistrate of the first class 139(1) Kidnapping a child for purposes of begging. Rigorous imprisonment not less than 10 years but may extend to imprisonment for life, and fine. Cognizable Non-bailable Magistrate of the first class 139(2) Maiming a child for purposes of begging. Imprisonment not less than 20 years which may extend to remainder of that person's natural life, and fine. Cognizable Non-bailable Court of Session 140(1) Kidnapping or abducting in order to murder. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 140(2) Kidnapping for ransom, etc. Death, or imprisonment for life and fine. Cognizable Non-bailable Court of Session 140(3) Kidnapping or abducting with intent secretly and wrongfully to confine a person. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class 140(4) Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc. Imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 141 Importation of a girl or boy from foreign country. Imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 142 Wrongfully concealing or keeping in confinement, kidnapped or abducted person. Punishment for kidnapping or abduction. Cognizable Non-bailable Court by which the kidnapping or abduction is triable 143(2) Trafficking of person. Rigorous imprisonment not less than 7 years but may extend to 10 years and fine. Cognizable Non-bailable Court of Session 143(3) Trafficking of more than one person. Rigorous imprisonment not less than 10 years but may extend to imprisonment for life and fine. Cognizable Non-bailable Court of Session 143(4) Trafficking of a child. Rigorous imprisonment not less than 10 years but may extend to imprisonment for life and fine. Cognizable Non-bailable Court of Session 143(5) Trafficking of more than one child. Rigorous imprisonment not less than 14 years but may extend to imprisonment for life and fine. Cognizable Non-bailable Court of Session 143(6) Person convicted of offence of trafficking of child on more than one occasion. Imprisonment for life which shall mean the remainder of that person's natural life and fine. Cognizable Non-bailable Court of Session 143(7) Public servant or a police officer involved in trafficking of child. Imprisonment for life which shall mean the remainder of that person's natural life and fine. Cognizable Non-bailable Court of Session 144(1) Exploitation of a trafficked child. Rigorous imprisonment not less than 5 years but may extend to 10 years and fine. Cognizable Non-bailable Court of Session 144(2) Exploitation of a trafficked person. Rigorous imprisonment not less than 3 years but may extend to 7 years and fine. Cognizable Non-bailable Court of Session 145 Habitual dealing in slaves. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 146 Unlawful compulsory labour. Imprisonment for 1 year, or fine, or both. Cognizable Bailable Any Magistrate 147 Waging or attempting to wage war, or abetting the waging of war, against the Government of India. Death, or imprisonment for life and fine. Cognizable Non-bailable Court of Session 148 Conspiring to commit certain offences against the State. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 149 Collecting arms, etc., with the intention of waging war against the Government of India. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 150 Concealing with intent to facilitate a design to wage war. Imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 151 Assaulting President, Governor, etc., with intent to compel or restrain lawful power. Imprisonment for 7 years and fine. Cognizable Non-bailable Court of Session 152 Act endangering sovereignty, unity and integrity of India. Imprisonment for life, or imprisonment for 7 years and fine. Cognizable Non-bailable Court of Session 153 Waging war against Government of any foreign State at peace with the Government of India. Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine. Cognizable Non-bailable Court of Session 154 Committing depredation on the territories of any foreign State at peace with the Government of India. Imprisonment for 7 years and fine, and forfeiture of property. Cognizable Non-bailable Court of Session 155 Receiving property taken by war or depredation mentioned in sections 153  and 154. Imprisonment for 7 years and fine, and forfeiture of property. Cognizable Non-bailable Court of Session 156 Public servant voluntarily allowing prisoner of state or war in his custody to escape. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 157 Public servant negligently suffering prisoner of state or war in his custody to escape. Simple imprisonment for 3 years and fine. Cognizable Bailable Magistrate of the first class 158 Aiding escape of, rescuing or harbouring such prisoner. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 159 Abetting mutiny, or attempting to seduce an officer, soldier, sailor or airman from his allegiance or duty Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 160 Abetment of mutiny, if mutiny is committed in consequence thereof.   Death, or imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 161 Abetment of assault by soldier, sailor, airman on his superior officer,when in execution of his office. Imprisonment for 3 years and fine. Cognizable Non-bailable Magistrate of the first class 162 Abetment of such assault, if committed. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class 163 Abetment of the desertion of officer, soldier, sailor or airman. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 164 Harbouring deserter. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 165 Deserter concealed on board merchant vessel through negligence of master or person in charge thereof Fine of 3,000 rupees. Non-cognizable Bailable Any Magistrate 166 Abetment of act of insubordination by soldier, sailor or airman if the offence be committed in consequence. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 168 Wearing garb or carrying token used by soldier, sailor or airman. Imprisonment for 3 months, or fine of 2,000 rupees, or both. Cognizable Bailable Any Magistrate 173 Bribery. Imprisonment for 1 year or fine, or both or if treating only, fine only. Non-cognizable Bailable Magistrate of the first class 174 Undue influence or personation at an election. Imprisonment for 1 year, or fine, or both. Non-cognizable Bailable Magistrate of the first class 175 False statement in connection with an election. Fine. Non-cognizable Bailable Magistrate of the first class 176 Illegal payments in connection with elections. Fine of 10,000 rupees. Non-cognizable Bailable Magistrate of the first class 177 Failure to keep election accounts. Fine of 5,000 rupees. Non-cognizable Bailable Magistrate of the first class 178 Counterfeiting coins, government stamps, currency-notes or bank-notes. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 179 Using as genuine forged or counterfeit coin, Government stamp, currency-notes or bank-notes. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 180 Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. Imprisonment for 7 years, or fine, or both. Cognizable Non-bailable Court of Session 181 Making, buying, selling or possessing machinery, instrument or material for forging or counterfeiting coins, Government stamp, currency-notes or bank-notes. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 182(1) Making or using documents resembling currency-notes or bank-notes. Fine of 300 rupees. Non-cognizable Bailable Any Magistrate 182(2) On refusal to disclose the name and address of the printer. Fine of 600 rupees. Non-cognizable Bailable Any Magistrate 183 Effacing any writing from a substance bearing a Government stamp, removing from a document a stamp used for it, with intent to cause a loss to Government. Imprisonment for 3 years, or fine, or both. Cognizable Bailable Magistrate of the first class 184 Using a Government stamp known to have been before used. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 185 Erasure of mark denoting that stamps have been used. Imprisonment for 3 years, or fine, or both. Cognizable Bailable Magistrate of the first class 186 Fictitious stamps. Fine of 200 rupees. Cognizable Bailable Any Magistrate 187 Person employed in a Mint causing coin to be of a different weight or composition than fixed by law. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class 188 Unlawfully taking from a Mint any coining instrument. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class 189(2) Being member of an unlawful assembly. Imprisonment for 6 months, or fine, or both. Cognizable Bailable Any Magistrate 189(3) Joining or continuing in an unlawful assembly, knowing that it has been commanded to disperse. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 189(4) Joining an unlawful assembly armed with any deadly weapon. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 189(5) Knowingly joining or continuing in any assembly of five or more persons after it has been commanded to disperse. Imprisonment for 6 months, or fine, or both. Cognizable Bailable Any Magistrate 189(6) Hiring, engaging or employing persons to take part in an unlawful assembly. Same as for a member of such assembly, and for any offence committed by any member of such assembly. Cognizable According as offence is bailable or non-bailable The Court by which the offence is triable 189(7) Harbouring persons hired for an unlawful assembly. Imprisonment for 6 months, or fine, or both. Cognizable Bailable Any Magistrate 189(8) Being hired to take part in an unlawful assembly or riot. Imprisonment for 6 months, or fine, or both. Cognizable Bailable Any Magistrate 189(9) Or to go armed. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 190 Every member of unlawful assembly guilty of offence committed in prosecution of common object. The same as for the offence. According as offence is cognizable or non-cognizable According as offence is bailable or non-bailable The Court by which the offence is triable 191(2) Rioting. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 191(3) Rioting, armed with a deadly weapon. Imprisonment for 5 years, or fine, or both. Cognizable Bailable Magistrate of the first class 192 Wantonly giving provocation with intent to cause riot, if rioting be committed. Imprisonment for 1 year, or fine, or both. Cognizable Bailable Any Magistrate If not committed. Imprisonment for 6 months, or fine, or both. Cognizable Bailable Any Magistrate 193(1) Owner or occupier of land not giving information of riot, etc. Fine of 1,000 rupees. Non-cognizable Bailable Any Magistrate 193(2) Person for whose benefit or on whose behalf a riot takes place not using all lawful means to prevent it. Fine. Non-cognizable. Bailable. Any Magistrate. 193(3) Agent of owner or occupier for whose benefit a riot is committed not using all lawful means to prevent it. Fine. Non-cognizable. Bailable. Any Magistrate. 194(2) Committing affray. Imprisonment for one month, or fine of 1,000 rupees, or both. Cognizable. Bailable. Any Magistrate. 195(1) Assaulting or obstructing public servant when suppressing riot, etc. Imprisonment for 3 years, or fine not less than 25,000 rupees, or both. Cognizable. Bailable. Magistrate of the first class. 195(2) Threatening to assault or attempting to obstruct public servant when suppressing riot, etc. Imprisonment for 1 year, or fine, or both. Non-cognizable. Bailable. Any Magistrate. 196(1) Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony. Imprisonment for 3 years, or fine, or both. Cognizable. Non-bailable. Magistrate of the first class. 196(2) Promoting enmity between classes in place of worship, etc. Imprisonment for 5 years and fine. Cognizable. Non-bailable. Magistrate of the first class. 197(1) Imputations, assertions prejudicial to national integration. Imprisonment for 3 years, or fine, or both. Cognizable. Non-bailable. Magistrate of the first class. 197(2) If committed in a place of public worship, etc. Imprisonment for 5 years and fine. Cognizable. Non-bailable. Magistrate of the first class. 198 Public servant disobeying direction of the law with intent to cause injury to any person. Simple imprisonment for 1 year, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. 199 Public servant disobeying direction under law. Rigorous imprisonment for not less than 6 months which may extend to 2 years and fine. Cognizable. Bailable. Magistrate of the first class. 200 Non-treatment of victim by hospital. Imprisonment for 1 year, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. 201 Public servant framing an incorrect document with intent to cause injury. Imprisonment for 3 years, or fine, or both. Cognizable. Bailable. Magistrate of the first class. 202 Public servant unlawfully engaging in trade. Simple imprisonment for 1 year, or fine, or both, or community service. Non-cognizable. Bailable. Magistrate of the first class. 203 Public servant unlawfully buying or bidding for property. Simple imprisonment for 2 years, or fine, or both and confiscation of property, if purchased. Non-cognizable. Bailable. Magistrate of the first class. 204 Personating a public servant. Imprisonment for not less than 6 months but which may extend to 3 years and fine. Cognizable. Non-bailable. Any Magistrate. 205 Wearing garb or carrying token used by public servant with fraudulent intent. Imprisonment for 3 months, or fine of 5,000 rupees, or both. Cognizable. Bailable. Any Magistrate. 206(a) Absconding to avoid service of summons or other proceeding from a public servant. Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 206(b) If summons or notice require attendance in person, etc., in a Court. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 207(a) Preventing service of summons or other proceeding, or preventing publication thereof. Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 207(b) If summons, etc., require attendance in person, etc., in a Court. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 208(a) Non-attendance in obedience to an order from public servant. Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 208(b) If the order requires personal attendance, etc., in a Court. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 209 Non-appearance in response to a proclamation under section 84 of this Sanhita. In a case where declaration has been made under sub-section (4) of section 84 pronouncing a person as proclaimed offender. Imprisonment for 3 years, or fine, or both, or community service. / Imprisonment for 7 years and fine. Cognizable. Non-bailable. Magistrate of the first class. 210(a) Omission to produce document to public servant by person legally bound to produce or deliver it. Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. The Court in which the offence is committed, subject to provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 210(b) If the document is required to be produced in or delivered to a Court. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. The Court in which the offence is committed, subject to provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 211(a) Intentional omission to give notice or information to public servant by person legally bound to give it. Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 211(b) If the notice or information required respects the commission of an offence, etc. Simple imprisonment for 6 months, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 211(c) If the notice or information is required by an order passed under sub-section (1) of section 394 of this Sanhita. Imprisonment for 6 months, or fine of 1,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 212(a) Knowingly furnishing false information to public servant. Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 212(b) If the information required respects the commission of an offence, etc. Imprisonment for 2 years, or fine, or both. Non-cognizable. Bailable. Any Magistrate. 213 Refusing oath when duly required to take oath by a public servant. Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. The Court in which the offence is committed, subject to provisions of Chapter XXVIII ; or, if not committed, in a Court, any Magistrate. 214 Being legally bound to state truth, and refusing to answer public servant authorised to question. Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII ; or, if not committed, in a Court, any Magistrate. 215 Refusing to sign a statement made to a public servant when legally required to do so. Simple imprisonment for 3 months, or fine of 3,000 rupees, or both. Non-cognizable. Bailable. The Court in which the offence is committed, subject to the provisions of Chapter XXVIII ; or, if not committed, in a Court, any Magistrate. 216 Knowingly stating to a public servant on oath as true that which is false. Imprisonment for 3 years and fine. Non-cognizable. Bailable. Magistrate of the first class. 217 Giving false information to a public servant in order to cause him to use his lawful power to the injury or annoyance of any person. Imprisonment for 1 year, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 218 Resistance to the taking of property by the lawful authority of a public servant. Imprisonment for 6 months, or fine of 10,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 219 Obstructing sale of property offered for sale by authority of a public servant. Imprisonment for 1 month, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 220 Illegal purchase or bid for property offered for sale by authority of public servant. Imprisonment for 1 month, or fine of 200 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 221 Obstructing public servant in discharge of his public functions. Imprisonment for 3 months, or fine of 2,500 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 222(a) Omission to assist public servant when bound by law to give such assistance. Simple imprisonment for 1 month, or fine of 2,500 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 222(b) Wilfully neglecting to aid a public servant who demands aid in the execution of process, prevention of offences, etc. Simple imprisonment for 6 months, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 223(a) Disobedience to an order lawfully promulgated by public servant, if such disobedience causes obstruction, annoyance or injury to persons lawfully employed. Simple imprisonment for 6 months, or fine of 2,500 rupees, or both. Cognizable. Bailable. Any Magistrate. 223(b) If such disobedience causes danger to human life, health or safety, or tends to cause a riot or affray. Imprisonment for 1 year, or fine of 5,000 rupees, or both. Cognizable. Bailable. Any Magistrate. 224 Threat of injury to public servant, etc. Imprisonment for 2 years, or fine, or both. Non-cognizable. Bailable. Any Magistrate. 225 Threat of injury to induce person to refrain from applying for protection to public servant. Imprisonment for 1 year, or fine, or both. Non-cognizable. Bailable. Any Magistrate. 226 Attempt to commit suicide to compel or restrain exercise of lawful power. Imprisonment for 1 year, or fine, or both, or community service. Non-cognizable. Bailable. Any Magistrate. 229(1) Intentionally giving or fabricating false evidence in a judicial proceeding. Imprisonment for 7 years and 10,000 rupees. Non-cognizable. Bailable. Magistrate of the first class. 229(2) Giving or fabricating false evidence in any other case. Imprisonment for 3 years and 5,000 rupees. Non-cognizable. Bailable. Any Magistrate. 230(1) Giving or fabricating false evidence with intent to cause any person to be convicted of capital offence. Imprisonment for life, or rigorous imprisonment for 10 years and 50,000 rupees. Non-cognizable. Non-bailable. Court of Session. 230(2) If innocent person be thereby convicted and executed. Death, or as above. Non-cognizable. Non-bailable. Court of Session. 231 Giving or fabricating false evidence with intent to procure conviction of an offence punishable with imprisonment for life or with imprisonment for 7 years, or upwards. The same as for the offence. Non-cognizable. Non-bailable. Court of Session. 232(1) Threatening any person to give false evidence. Imprisonment for 7 years, or fine, or both. Cognizable. Non-bailable. Court by which offence of giving false evidence is triable. 232(2) If innocent person is convicted and sentenced in consequence of false evidence with death, or imprisonment for more than 7 years. The same as for the offence. Cognizable. Non-bailable. Court by which offence of giving false evidence is triable. 233 Using in a judicial proceeding evidence known to be false or fabricated. The same as for giving or fabricating false evidence. Non-cognizable. According as offence of giving such evidence is bailable or non-bailable. Court by which offence of giving or fabricating false evidence is triable. 234 Knowingly issuing or signing a false certificate relating to any fact of which such certificate is by law admissible in evidence. The same as for giving false evidence. Non-cognizable. Bailable. Court by which offence of giving false evidence is triable. 235 Using as a true certificate one known to be false in a material point. The same as for giving false evidence. Non-cognizable. Bailable. Court by which offence of giving false evidence is triable. 236 False statement made in any declaration which is by law receivable as evidence. The same as for giving false evidence. Non-cognizable. Bailable. Court by which offence of giving false evidence is triable. 237 Using as true any such declaration known to be false. The same as for giving false evidence. Non-cognizable. Bailable. Court by which offence of giving false evidence is triable. 238(a) Causing disappearance of evidence of an offence committed, or giving false information touching it to screen the offender, if a capital offence. Imprisonment for 7 years and fine. According as the offence in relation to which disappearance of evidence is caused is cognizable or non-cognizable. Bailable. Court of Session. 238(b) If punishable with imprisonment for life or imprisonment for 10 years. Imprisonment for 3 years and fine. Non-cognizable. Bailable. Magistrate of the first class. 238(c) If punishable with less than 10 years' imprisonment. Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. Non-cognizable. Bailable. Court by which the offence is triable. 239 Intentional omission to give information of an offence by a person legally bound to inform. Imprisonment for 6 months, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 240 Giving false information respecting an offence committed. Imprisonment for 2 years, or fine, or both. Non-cognizable. Bailable. Any Magistrate. 241 Secreting or destroying any document to prevent its production as evidence. Imprisonment for 3 years, or fine of 5,000 rupees, or both. Non-cognizable. Bailable. Magistrate of the first class. 242 False personation for the purpose of any act or proceeding in a suit or criminal prosecution, or for becoming bail or security. Imprisonment for 3 years, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. 243 Fraudulent removal or concealment, etc., of property to prevent its seizure as a forfeiture or in satisfaction of a fine under sentence, or in execution of a decree. Imprisonment for 3 years, or fine, of 5,000 rupees, or both. Non-cognizable. Bailable. Any Magistrate. 244 Claiming property without right, or practising deception touching any right to it, to prevent its being taken as a forfeiture, or in satisfaction of a fine under sentence, or in execution of a decree. Imprisonment for 2 years, or fine, or both. Non-cognizable. Bailable. Any Magistrate. 245 Fraudulently suffering a decree to pass for a sum not due, or suffering decree to be executed after it has been satisfied. Imprisonment for 2 years, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. 246 False claim in a Court. Imprisonment for 2 years and fine. Non-cognizable. Bailable. Magistrate of the first class. 247 Fraudulently obtaining a decree for a sum not due, or causing a decree to be executed after it has been satisfied. Imprisonment for 2 years, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. 248(a) False charge of offence made with intent to injure. Imprisonment for 5 years, or fine of 2 lakh rupees, or both. Non-cognizable. Bailable. Magistrate of the first class. 248(b) Criminal proceeding instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards. Imprisonment for 10 years and fine. Non-cognizable. Bailable. Court of Session. 249(a) Harbouring an offender, if the offence is punishable with death. Imprisonment for 5 years and fine. Cognizable. Bailable. Magistrate of the first class. 249(b) If punishable with imprisonment for life or with imprisonment for 10 years. Imprisonment for 3 years and fine. Cognizable. Bailable. Magistrate of the first class. 249(c) If punishable with imprisonment for 1 year and not for 10 years. Imprisonment for one-fourth of the longest term, and of the descriptions, provided for the offence, or fine, or both. Cognizable Bailable Magistrate of the first class 250(a) Taking gift, etc., to screen an offender from punishment if the offence is punishable with death. Imprisonment for 7 years and fine. Cognizable Bailable Magistrate of the first class 250(b) If punishable with imprisonment for life or with imprisonment for 10 years. Imprisonment for 3 years and fine. Cognizable Bailable Magistrate of the first class 250(c) If punishable with imprisonment for less than 10 years. Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. Cognizable Bailable Magistrate of the first class 251(a) Offering gift or restoration of property in consideration of screening offender if the offence is punishable with death. Imprisonment for 7 years and fine. Non-cognizable Bailable Magistrate of the first class 251(b) If punishable with imprisonment for life or with imprisonment for 10 years. Imprisonment for 3 years and fine. Non-cognizable Bailable Magistrate of the first class 251(c) If punishable with imprisonment for less than 10 years. Imprisonment for one-fourth of the longest term, provided for the offence, or fine, or both. Non-cognizable Bailable Magistrate of the first class 252 Taking gift to help to recover movable property of which a person has been deprived by an offence without causing apprehension of offender. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Magistrate of the first class 253(a) Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence is punishable with death. Imprisonment for 7 years and fine. Cognizable Bailable Magistrate of the first class 253(b) If punishable with imprisonment for life or with imprisonment for 10 years. Imprisonment for 3 years, with or without fine. Cognizable Bailable Magistrate of the first class 253(c) If punishable with imprisonment for 1 year and not for 10 years. Imprisonment for one-fourth of the longest term provided for the offence, or fine, or both. Cognizable Bailable Magistrate of the first class 254 Harbouring robbers or dacoits. Rigorous imprisonment for 7 years and fine. Cognizable Bailable Magistrate of the first class 255 Public servant disobeying a direction of law with intent to save person from punishment, or property from forfeiture. Imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Any Magistrate 256 Public servant framing an incorrect record or writing with intent to save person from punishment, or property from forfeiture. Imprisonment for 3 years, or fine, or both. Cognizable Bailable Magistrate of the first class 257 Public servant in a judicial proceeding corruptly making and pronouncing an order, report, etc. contrary to law. Imprisonment for 7 years, or fine, or both. Non-cognizable Bailable Magistrate of the first class 258 Commitment for trial or confinement by a person having authority, who knows that he is acting contrary to law. Imprisonment for 7 years, or fine, or both. Non-cognizable Bailable Magistrate of the first class 259(a) Intentional omission to apprehend on the part of a public servant bound by law to apprehend an offender, if the offence is punishable with death. Imprisonment for 7 years, with or without fine. According as the offence in relation to which such omission has been made is cognizable or non-cognizable. Bailable Magistrate of the first class 259(b) If punishable with imprisonment for life or imprisonment for 10 years. Imprisonment for 3 years, with or without fine. Cognizable Bailable Magistrate of the first class 259(c) If punishable with imprisonment for less than 10 years. Imprisonment for 2 years, with or without fine. Cognizable Bailable Magistrate of the first class 260(a) Intentional omission to apprehend on the part of a public servant bound by law to apprehend person under sentence of a Court if under sentence of death. Imprisonment for life, or imprisonment for 14 years, with or without fine. Cognizable Non-bailable Court of Session 260(b) If under sentence of imprisonment for life or imprisonment for 10 years, or upwards. Imprisonment for 7 years, with or without fine. Cognizable Non-bailable Magistrate of the first class 260(c) If under sentence of imprisonment for less than 10 years or lawfully committed to custody. Imprisonment for 3 years, or fine, or both. Cognizable Bailable Magistrate of the first class 261 Escape from confinement negligently suffered by a public servant. Simple imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Any Magistrate 262 Resistance or obstruction by a person to his lawful apprehension. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 263(a) Resistance or obstruction to the lawful apprehension of any person, or rescuing him from lawful custody. Imprisonment for 2 years, or fine, or both. Cognizable Bailable Any Magistrate 263(b) If charged with an offence punishable with imprisonment for life or imprisonment for 10 years. Imprisonment for 3 years and fine. Cognizable Non-bailable Magistrate of the first class 263(c) If charged with offence punishable with death. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class 263(d) If the person is sentenced to imprisonment for life, or imprisonment for 10 years, or upwards. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class 263(e) If under sentence of death. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 264 Omission to apprehend, or sufferance of escape on part of public servant, in cases not otherwise provided for:--   (a) In case of intentional omission or sufferance;     (b) in case of negligent omission or sufferance.   Imprisonment for 3 years, or fine, or both.   Simple imprisonment for 2 years, or fine, or both             Non-cognizable     Non-cognizable             Bailable       Bailable             Magistrate of the first class.   Any Magistrate 265 Resistance or obstruction to lawful apprehension, or escape or rescue in cases not otherwise provided for. Imprisonment for 6 months, or fine, or both Cognizable Bailable Any Magistrate 266 Violation of condition of remission of punishment Punishment of original sentence, or residue Cognizable Non-bailable Court by which the original offence was triable 267 Intentional insult or interruption to a public servant in judicial proceeding Simple imprisonment for 6 months, or fine of ₹5,000, or both Non-cognizable Bailable The Court in which the offence is committed, subject to the provisions of Chapter XXVIII; or, if not committed, in a Court, any Magistrate. 268 Personation of an assessor Imprisonment for 2 years, or fine, or both Non-cognizable Bailable Magistrate of the first class 269 Failure by person released on bond or bail bond to appear in Court Imprisonment for 1 year, or fine, or both Cognizable Non-bailable Any Magistrate 271 Negligently doing any act known to spread infection of disease dangerous to life Imprisonment for 6 months, or fine, or both Cognizable Bailable Any Magistrate 272 Malignantly doing any act known to spread infection of disease dangerous to life Imprisonment for 2 years, or fine, or both Cognizable Bailable Any Magistrate 273 Knowingly disobeying any quarantine rule Imprisonment for 6 months, or fine, or both Non-cognizable Bailable Any Magistrate 274 Adulterating food or drink intended for sale, so as to make the same noxious Imprisonment for 6 months, or fine of ₹5,000, or both Non-cognizable Bailable Any Magistrate 275 Selling any food or drink as food and drink, knowing the same to be noxious Imprisonment for 6 months, or fine of ₹5,000, or both Non-cognizable Bailable Any Magistrate 276 Adulterating any drug or medical preparation intended for sale so as to lessen its  efficacy, or to change its operation, or to make it noxious. Imprisonment for 1 year, or fine of ₹5,000, or both Non-cognizable Non-bailable Any Magistrate 277 Sale of adulterated drugs Imprisonment for 6 months, or fine of ₹5,000, or both Non-cognizable Bailable Any Magistrate 278 Knowingly selling drug as a different drug or preparation Imprisonment for 6 months, or fine of ₹5,000, or both Non-cognizable Bailable Any Magistrate 279 Fouling water of public spring or reservoir Imprisonment for 6 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 280 Making atmosphere noxious to health Fine of ₹1,000 Non-cognizable Bailable Any Magistrate 281 Rash driving or riding on a public way Imprisonment for 6 months, or fine of ₹1,000, or both Cognizable Bailable Any Magistrate 282 Rash navigation of vessel Imprisonment for 6 months, or fine of ₹10,000, or both Cognizable Bailable Any Magistrate 283 Exhibition of a false light, mark, or buoy Imprisonment for 7 years and fine (not less than ₹10,000) Cognizable Bailable Magistrate of the first class 284 Conveying person by water in unsafe or overloaded vessel Imprisonment for 6 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 285 Causing danger or obstruction in public way or line of navigation Fine of ₹5,000 Cognizable Bailable Any Magistrate 286 Negligent conduct with respect to poisonous substance Imprisonment for 6 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 287 Negligent conduct with respect to fire or combustible matter Imprisonment for 6 months, or fine of ₹2,000, or both Cognizable Bailable Any Magistrate 288 Negligent conduct with respect to explosive substance Imprisonment for 6 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 289 Negligent conduct with respect to machinery Imprisonment for 6 months, or fine of ₹5,000, or both Non-cognizable Bailable Any Magistrate 290 Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. Imprisonment for 6 months, or fine of ₹5,000, or both Non-cognizable Bailable Any Magistrate 291 Negligent conduct with respect to animal Imprisonment for 6 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 292 Committing public nuisance  in cases not otherwise provided for. Fine of ₹1,000 Non-cognizable Bailable Any Magistrate 293 Continuance of nuisance after injunction to discontinue Simple imprisonment for 6 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 294(2) Sale, etc., of obscene books, etc. On first conviction, with imprisonment for 2 years, and with fine of 5,000 rupees, and, in the event of second or subsequent conviction, with imprisonment for 5 years, and with fine of 10,000 rupees. Cognizable Bailable Any Magistrate 295 Sale, etc., of obscene objects to child On first conviction, with imprisonment for 3 years, and with fine of 2,000 rupees, and in the event of second or subsequent conviction, with imprisonment for 7 years, and with fine of 5,000 rupees. Cognizable Bailable Any Magistrate 296 Obscene acts and songs Imprisonment for 3 months, or fine of ₹1,000, or both Cognizable Bailable Any Magistrate 297(1) Keeping a lottery office Imprisonment for 6 months, or fine, or both Non-cognizable Bailable Any Magistrate 297(2) Publishing proposals relating to lotteries Fine of ₹5,000 Non-cognizable Bailable Any Magistrate 298 Defiling, etc., a place of worship, with intent to insult religion  of any class. Imprisonment for 2 years, or fine, or both Cognizable Non-bailable Any Magistrate 299 Deliberate and malicious acts to outrage religious feelings  of any class by insulting its religion or religious beliefs. Imprisonment for 3 years, or fine, or both Cognizable Non-bailable Magistrate of the first class 300 Disturbing religious assembly Imprisonment for 1 year, or fine, or both Cognizable Bailable Any Magistrate 301 Trespassing on burial places, etc. Imprisonment for 1 year, or fine, or both Cognizable Bailable Any Magistrate 302 Uttering words, etc., with  deliberate intent to wound  religious feelings. Imprisonment for 1 year, or fine, or both Non-cognizable Bailable Any Magistrate 303(2) Theft Where value of property is less than 5,000 rupees. Rigorous imprisonment for not be less than 1 year but which may extend to 5 years, and fine.   Upon return of the value of property or restoration of the stolen property, shall be punished with community service. Cognizable  Non- cognizable Non-bailable  Bailable  Any Magistrate Any Magistrate 304(2) Snatching Imprisonment for 3 years and fine Cognizable Non-bailable Any Magistrate 305 Theft in a dwelling house, or means of transportation or place of worship, etc. Imprisonment for 7 years and fine Cognizable Non-bailable Any Magistrate 306 Theft by clerk or servant of property in possession of master or employer. Imprisonment for 7 years and fine Cognizable Non-bailable Any Magistrate 308(2) Extortion Imprisonment for 7 years, or fine, or both Cognizable Non-bailable Magistrate of the first class 308(3) Putting or attempting to put in fear of injury, in order to commit extortion. Imprisonment for 2 years, or fine, or both Cognizable Bailable Any Magistrate 308(4) Putting or attempting to put a person in fear of death or grievous hurt in order to commit extortion. Imprisonment for 7 years and fine. Cognizable Non-bailable Magistrate of the first class 308(5) Extortion by putting a person in fear of death or grievous hurt. Imprisonment for 10 years and fine Cognizable Non-bailable Magistrate of the first class 308(6) Putting a person in fear of accusation of an offence  punishable with death, imprisonment for life, or imprisonment for 10 years in order to commit extortion. Imprisonment for 10 years and fine Cognizable Bailable Magistrate of the first class 308(7) Extortion by threat of accusation of an offence punishable with death, imprisonment for life, or imprisonment for 10 years. Imprisonment for 10 years and fine Cognizable Bailable Magistrate of the first class 309(4) Robbery If robbery committed on highway between sunset and sunrise. Rigorous imprisonment for 10 years and fine Rigorous imprisonment for 14 years. Cognizable Cognizable Non-bailable Non-bailable Magistrate of the first class Magistrate of the first class 309(5) Attempt to commit robbery Rigorous imprisonment for 7 years and fine Cognizable Non-bailable Magistrate of the first class 309(6) Causing hurt. Imprisonment for life, or rigorous imprisonmt for 10 years and fine. Cognizable Non-bailable Magistrate of the first class 310(2) Dacoity Imprisonment for life, or rigorous imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 310(3) Murder in dacoity. Death, imprisonment for life, or rigorous imprisonment for not less than 10 years and fine. Cognizable Non-bailable Court of Session 310(4) Making preparation to commit dacoity. Rigorous imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 310(5) Being one of five or more persons assembled for the purpose of committing dacoity. Rigorous imprisonment for 7 years and fine. Cognizable Non-bailable Court of Session 310(6) Belonging to a gang of persons associated for the purpose of habitually committing dacoity. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 311 Robbery or dacoity, with attempt to cause death or grievous hurt. Imprisonment for not less than 7 years. Cognizable Non-bailable Court of Session 312 Attempt to commit robbery or dacoity when armed with deadly weapon. Imprisonment for not less than 7 years. Cognizable Non-bailable Magistrate of the first class 313 Belonging to a wandering  gang of persons  associated for the purpose  of habitually committing thefts. Rigorous imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 314 Dishonest misappropriation of movable property, or  converting it to one's own  use. Imprisonment of not  less than 6 months but which may extend to 2 years and fine. Non-cognizable Bailable Any Magistrate 315 Dishonest  misappropriation of  property possessed by  deceased person at the time of his death.   If by clerk or person  employed by deceased. Imprisonment for  3 years and fine.         Imprisonment for  7 years. Non-cognizable         Non-cognizable Bailable           Bailable Magistrate of the first class.       Magistrate of the first class. 316(2) Criminal breach of trust. Imprisonment for 5 years, or fine, or both. Cognizable Non-Bailable Magistrate of the first class. 316(3) Criminal breach of trust by a carrier, wharfinger, etc. Imprisonment for  7 years and fine. Cognizable Non-bailable Magistrate of the first class. 316(4) Criminal breach of trust by a clerk or servant. Imprisonment for  7 years and fine. Cognizable Non-Bailable Magistrate of the first class. 316(5) Criminal breach of trust by public servant or by banker, merchant or agent, etc. Imprisonment for  life,or imprisonment for 10 years and fine. Cognizable Non-Bailable Magistrate of the first class. 317(2) Dishonestly receiving stolen property knowing it to be stolen. Imprisonment for 3 years, or fine, or both. Cognizable Non-bailable Any Magistrate. 317(3) Dishonestly receiving stolen property, knowing that it was obtained by dacoity. Imprisonment for life, or rigorous imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 317(4) Habitually dealing in stolen property. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 317(5) Assisting in concealment  or disposal of stolen  property, knowing it to be  stolen. Imprisonment for 3 years, or fine, or both Cognizable Bailable Any Magistrate 318(2) Cheating. Imprisonment for 3 years, or fine, or both Non- Cognizable Bailable Any Magistrate 318(3) Cheating a person whose  interest the offender was  bound, either by law or by  legal contract, to protect. Imprisonment for 5 years, or fine, or both Non- Cognizable Bailable Any Magistrate 319(2) Cheating by personation. Imprisonment for 5 years, or fine, or with both. Cognizable Bailable Any Magistrate.   320 Fraudulent removal or  concealment of property,  etc., to prevent  distribution among creditors. Imprisonment of not  be less than 6 months but which may extend to 2 years, or fine, or  both. Non- Cognizable Bailable Any Magistrate. 321 Dishonest or fraudulently  preventing from being  made available for his  creditors a debt or demand  due to the offender. Imprisonment for 2 years and fine, or  both. Non- Cognizable Bailable Any Magistrate. 322 Dishonest or fraudulent  execution of deed of  transfer containing a  false statement of consideration.   Imprisonment for 3 years, or fine, or both. Non- Cognizable Bailable Any Magistrate. 323 Fraudulent removal or concealment of property, of himself or any other person or assisting in the doing thereof, or dishonestly releasing any demand or claim to which he is entitled. Imprisonment for 3 years, or fine, or both. Non- cognizabl. Bailable Any Magistrate. 324(2) Mischief. Imprisonment for 6 months, or fine, or both. Non- cognizabl. Bailable Any Magistrate. 324(3) Mischief causing loss or damage to any property including property of Government or Local Authority Imprisonment for 1 year, or fine, or both. Non- cognizable Bailable Any Magistrate. 324(4) Mischief causing loss or damage to the amount of twenty thousand rupees but less than 2 lakh rupees. Imprisonment for 2 years, or fine, or both. Non- cognizable Bailable Any Magistrate. 324(5) Mischief causing loss or damage to the amount of one lakh rupees or upwards. Imprisonment for 5 years, or fine, or both. Cognizable Bailable Magistrate of the first class. 324(6) Mischief with preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint. Imprisonment for 5 years, and fine. Cognizable Bailable Magistrate of the first class. 325 Mischief by killing or maiming animal. Imprisonment for 5 years, or fine, or both. Cognizable Bailable Magistrate of the first class. 326(a) Mischief by causing diminution of supply of water for agricultural purposes, etc. Imprisonment for 5 years, or fine, or both. Cognizable Bailable Magistrate of the first class. 326(b) Mischief by injury to public road, bridge, navigable river, or navigable channel, and rendering it impassable or less safe for travelling or conveying property. Imprisonment for 5 years, or fine, or both. Cognizable Bailable Magistrate of the first class. 326(c) Mischief by causing inundation or obstruction to public drainage attended with damage. Imprisonment for 5 years, or fine, or both. Cognizable Bailable Magistrate of the first class. 326(d) Mischief by destroying or moving or rendering less useful a lighthouse or seamark, or by exhibiting false lights. Imprisonment for 7 years, or fine, or both. Cognizable Bailable Magistrate of the first class. 326(e) Mischief by fire or  explosive substance with  destroying or moving, etc., a landmark fixed by public authority. Imprisonment for 1 year, or fine, or both. Non- cognizable. Bailable. Any Magistrate. 326(f) Mischief by fire or  explosive substance with  intent to cause damage. Imprisonment for  7 years and fine. Cognizable Bailable Magistrate of the first class. 326(g) Mischief by fire or  explosive substance with  intent to destroy a house,  etc. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable. Court of Session 327(1) Mischief with intent to destroy or make unsafe a  decked vessel or a vessel of 20 tonnes burden. Imprisonment for 10 years, or fine. Cognizable Non- Bailable Court of Session. 327(2) The mischief described in  the last section when  committed by fire or any  explosive substance. Imprisonment for life, or imprisonment for 10 years and fine. Cognizable Non-bailable Court of Session 328 Mischief with intent to destroy public property or works (by fire/explosive) Imprisonment for life, or imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 329(3) Criminal trespass Imprisonment for 3 months, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 329(4) House-trespass Imprisonment for 1 year, or fine of ₹5,000, or both Cognizable Bailable Any Magistrate 331(1) Lurking house-trespass or house-breaking Imprisonment for 2 years and fine Cognizable Non-bailable Any Magistrate 331(2) Lurking house-trespass or house-breaking by night Imprisonment for 3 years and fine Cognizable Non-bailable Any Magistrate 331(3) Lurking house-trespass or house-breaking in order to commit an offence punishable with imprisonment Imprisonment for 3 years and fine Cognizable Non-bailable Any Magistrate If the offence be theft Imprisonment for 10 years Cognizable Non-bailable Magistrate of the first class 331(4) Lurking house-trespass or house-breaking by night in order to the commission of an offence punishable with imprisonment Imprisonment for 5 years and fine Cognizable Non-bailable Any Magistrate If the offence be theft Imprisonment for 14 years Cognizable Non-bailable Magistrate of the first class 331(5) Lurking house-trespass or house-breaking after preparation made for causing hurt, assault, etc. Imprisonment for 10 years and fine Cognizable Non-bailable Magistrate of the first class 331(6) Lurking house-trespass or house-breaking by night, after preparation made for causing hurt, etc. Imprisonment for 14 years and fine Cognizable Non-bailable Magistrate of the first class 331(7) Grievous hurt caused whilst committing lurking house-trespass or house-breaking Imprisonment for life, or imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 331(8) Death or grievous hurt caused by one of several persons jointly concerned in house-breaking by night, etc. Imprisonment for life, or imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 332(a) House-trespass in order to the commission of an offence punishable with death Imprisonment for life, or rigorous imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 332(b) House-trespass in order to the commission of an offence punishable with imprisonment for life Imprisonment for 10 years and fine Cognizable Non-bailable Court of Session 332(c) House-trespass in order to the commission of an offence punishable with imprisonment Imprisonment for 2 years and fine Cognizable Bailable Any Magistrate If the offence is theft Imprisonment for 7 years Cognizable Non-bailable Any Magistrate 333 House-trespass, having made preparation for causing hurt, assault, etc. Imprisonment for 7 years and fine Cognizable Non-bailable Any Magistrate 334(1) Dishonestly breaking open or unfastening any closed receptacle containing or supposed to contain property. Imprisonment for 2 years, or fine, or both Cognizable Non-bailable Any Magistrate. 342(2) Counterfeiting a device or  mark used for authenticating documents other than those described in section 338 or possessing counterfeit marked material. Imprisonment for  7 years and fine. Non- cognizable Non-bailable Magistrate of the first class 343 Fraudulently destroying  defacing, or attempting to  destroy or deface, or  secreting, a will, etc. Imprisonment for life, or imprisonment for 7 years and fine. Non- cognizable Non-bailable Magistrate of the first class. 344 Falsification of accounts. Imprisonment for 7 years, or fine, or  both. Non- cognizable Bailable Magistrate of the first class. 345(3) Using a false property  mark with intent to deceive or injure any person. Imprisonment for  1 year, or fine, or  both. Non- cognizable Bailable Any Magistrate. 346 Removing, destroying or  defacing property mark  with intent to cause injury. Imprisonment for  1 year, or fine, or  both. Non- cognizable Bailable Any Magistrate. 347(1) Counterfeiting a property  mark used by another, with intent to cause damage or injury. Imprisonment for  2 years, or fine, or  both. Non- cognizable Bailable Any Magistrate. 347(2) Counterfeiting a property mark used by a public servant, or any mark used by him to denote the manufacture, quality, etc., Imprisonment for 3 years and fine. Non- cognizable Bailable Magistrate of the first class. 348 Fraudulently making or  having possession of any  die, plate or other instrument for counterfeiting any public or private property mark. Imprisonment for 3  years, or fine, or both. Non- cognizable Bailable Magistrate of the first class. 349 Knowingly selling goods  marked with a counterfeit  property mark. Imprisonment for 1  years, or fine, or both. Non- cognizable Bailable Any Magistrate. 350(1) Fraudulently making a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods, which it does not contain, etc. Imprisonment for 3  years, or fine, or both. Non- cognizable Bailable Any Magistrate 350(2) Making use of any such false mark. Imprisonment for 3  years, or fine, or both. Non- cognizable Bailable Any Magistrate 351(2) Criminal intimidation. Imprisonment for 2 years, or fine, or both. Non- cognizable Bailable Any Magistrate 351(3) If threat be to cause death or grievous hurt, etc. Imprisonment for 7 years, or fine, or both. Non- cognizable Bailable Magistrate of the first class. 351(4) Criminal intimidation by  anonymous communication or having taken precaution to conceal whence the threat comes. Imprisonment for 2 years, in addition to  the punishment under section 351(1). Non- cognizable Bailable Magistrate of the first class. 352 Insult intended to provoke  breach of the peace. Imprisonment for 2 years, or fine, or both. Non- cognizable Bailable Any Magistrate 353(1) False statement, rumour, etc., circulated with intent to cause mutiny or offence against the public peace. Imprisonment for 3 years, or fine, or both. Non- cognizable Non-bailable Any Magistrate 353(2) False statement, rumour, etc., with intent to create  enmity, hatred or ill-will  between different classes Imprisonment for 3 years, or fine, or both. Cognizable Non-bailable Any Magistrate 353(3) False statement, rumour,etc., made in place of worship, etc., with intent to create enmity, hatred or ill-will. Imprisonment for  5 years and fine. Cognizable Non-bailable Any Magistrate 354 Act caused by inducing a  person to believe that he  will be rendered an object  of Divine displeasure Imprisonment for 1 years, or fine, or both. Non-cognizable Bailable Any Magistrate 355 Appearing in a public place, etc., in a state of  intoxication, and causing annoyance to any person. Simple imprisonment for 24 hours, or fine for 24 hours, or fine of 1,000 rupees, or both or with community service. Non-cognizable Bailable Any Magistrate 356(2) Defamation against the  President or the Vice-  President or the Governor  of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Simple imprisonment  for 2 years, or fine or both, or community  service. Non-cognizable Bailable Court of Session. Defamation in any other case. Simple imprisonment  for 2 years, or fine or both, or community  service. Non-cognizable Bailable Magistrate of the first class. 356(3) Printing or engraving matter knowing it to be defamatory against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Simple imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Court of Session. Printing or engraving matter knowing it to be defamatory, in any other case. Simple imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Magistrate of the first class. 356(4) Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter against the President or the Vice-President or the Governor of a State or Administrator of a Union territory or a Minister in respect of his conduct in the discharge of his public functions when instituted upon a complaint made by the Public Prosecutor. Simple imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Court of Session. Sale of printed or engraved substance containing defamatory matter, knowing it to contain such matter in any other case. Simple imprisonment for 2 years, or fine, or both. Non-cognizable Bailable Magistrate of the first class. 357 Being bound to attend on or supply the wants of a person who is helpless from youth, unsoundness of mind or disease, and voluntarily omitting to do so. Imprisonment for 3 months, or fine of 5,000 rupees, or both. Non-cognizable Bailable Any Magistrate. Offence Cognizable or Non-cognizable Bailable or Non-bailable By what court triable If punishable with death, imprisonment for life, or imprisonment for more than 7 years Cognizable Non-bailable Court of Session If punishable with imprisonment for 3 years and upwards but not more than 7 years Cognizable Non-bailable Magistrate of the first class If punishable with imprisonment for less than 3 years or with fine only Non-cognizable Bailable Any Magistrate THE SECOND SCHEDULE (See section 522) FORM No.1 NOTICE FOR APPEARANCE BY THE POLICE [See section 35(3)] Serial No ................................................ Police Station ................................................ To,     ................................................ [Name of the Accused/Noticee] ................................................ [Last known Address] ................................................ [Phone No./ Email ID (if any)]           In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I hereby inform you that during  the investigation of FIR/Case No ............................. dated.................................................. u/s ......................................... ................................................................registered at Police Station ..............................................................., it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from you, in relation to the present investigation. Hence you are directed to appear before me at ………..........…… AM/PM on……………………... at  Police Station. Name and Designation of the Officer In charge (Seal) FORM No. 2 SUMMONS TO AN ACCUSED PERSON (See section 63)  To ........................................................ (name of accused) of ........................................................ (address)                WHEREAS your attendance is necessary to answer to a charge of .................................................................................... ................................................................................... (state shortly the offence charged), you are hereby required to appear in person (or by an advocate, before the (Magistrate) of .................................................................................... , on the ............................................. day ............................................. Herein fail not.                             Dated, this ......................................................... day of ........................................................., 20 ............ . (Seal of the Court)  (Signature) FORM No. 3  WARRANT OF ARREST (See section 72) To .......................................................... (name and designation of the person or persons who is or are to execute the warrant).           WHEREAS (name of accused) of (address) stands charged with the offence of .............................................. (state the offence), you are hereby directed to arrest the said .................................................., and to produce him before me. Herein fail not. Dated, this .............................................. day of.............................................. , 20 ..............  (Seal of the Court)  (Signature) (See section 73) This warrant may be endorsed as follows:—       If the said .......................................................... shall give bail himself in the sum of rupees .............................................. with one surety in the sum of rupees.................................................................(or two sureties each in the sum of rupees .....................................................................................) to attend before me on the ............................................................... day of ..............................................   and to continue so to attend until otherwise directed by me, he may be released.  Dated, this ......................................................... day of .............................................. 20 .............. .  (Seal of the Court)  (Signature) FORM No. 4  BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT (See section 83)  I, ................................................................................(name), of ...................................................................................., being brought before the District Magistrate of ...................................................................................................(or as the case may be) under a warrant issued to compel my appearance to answer to the charge of ................................................................................................., do hereby bind myself to attend in the Court of ................................................................................................................................ on the .............................................. day of .............................................. next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees .......................................................... . Dated, this .............................................. day of.............................................. , 20 ............... .  (Signature) I do hereby declare myself surety for the above-named .............................................. of .............................................. that he shall attend before in the Court of on the .............................................. day of .............................................. next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees .............................................. .  Dated, this.............................................. day of.............................................. , 20 ............... .  (Signature) FORM No. 5 PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED (See section 84)        WHEREAS a complaint has been made before me that................................................... (name, description and address) has committed (or is suspected to have committed) the offence of .............................................. , punishable under section.............................................. of the Bharatiya Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon issued that the said.............................................. (name) cannot be found, and whereas it has been shown to my satisfaction that the said.............................................. (name) has absconded (or is concealing himself to avoid the service of the said warranty);        Proclamation is hereby made that the said.............................................. of.............................................. is required to appear at.............................................. (place) before this Court (or before me) to answer the said complaint on the.............................................. day of.............................................. Dated, this.............................................. day of.............................................. , 20 ............... .  (Seal of the Court)  (Signature) FORM No. 6 PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS (See sections 84, 90 and 93)      WHEREAS complaint has been made before me that..............................................(name, description and address) has committed (or is suspected to have committed) the offence of ..............................................(mention the offence concisely) and a warrant has been issued to compel the attendance of..............................................(name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said..............................................(name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);  Proclamation is hereby made that the said......................................................................(name) is required to appear at......................................................................(place) before the Court......................................................................on the........................................day of.........................................next at..............................................o'clock to be examined touching..............................................the offence complained of. Dated, this.............................................. day of.............................................. , 20 ............... .  (Seal of the Court)  (Signature) FORM No. 7 ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS  (See section 85) To the officer in charge of the police station at..............................................          WHEREAS a warrant has been duly issued to compel the attendance of.........................................................(name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said..............................................to appear and give evidence at the time and place mentioned therein;    This is to authorise and require you to attach by seizure the movable property belonging to the said..............................................to the value of rupees..............................................which you may find within the District..............................................of..............................................and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.  Dated, this.............................................. day of.............................................. , 20 ............... . (Seal of the Court)  (Signature) FORM No. 8 ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED (See section 85) To .............................................. (name and designation of the person or persons who is or are to execute the warrant). Whereas complaint has been made before me that ..................................................................... (name, description and address) has committed (or is suspected to have committed) the offence of .............................................. punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said .............................................. to appear to answer the said charge within .............................................. days; and whereas the said .............................................. is possessed of the following property, other than land paying revenue to Government, in the village (or town), of .............................................., in the District of .............................................., viz., .............................................., and an order has been made for the attachment thereof; You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both* , of sub-section (3) of section 85, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court)  (Signature) *Strike out the one which is not applicable, depending on the nature of the property to be attached. FORM No. 9 ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR (See section 85) To the District Magistrate/Collector of the District of ..............................................      WHEREAS complaint has been made before me that .............................................. (name, description and address) has committed (or is suspected to have committed) the offence of .............................................., punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be found; and whereas it has been shown to my satisfaction that the said .............................................. (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said ....................................... (name) to appear to answer the said charge within ......................................... days; and whereas the said .............................................. is possessed of certain land paying revenue to Government in the village (or town) of .............................................., in the District of ..............................................;         You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c), or both* , of sub-section (4) of section 85, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order. Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) * Strike out the one which is not desired. FORM No. 10 WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS (See section 90) To .............................................. (name and designation of the police officer or other person or persons who is or are to execute the warrant).       WHEREAS complaint has been made before me that .............................................. (name and description of accused) of .............................................. (address) has (or is suspected to have) committed the offence of .............................................. (mention the offence concisely), and it appears likely that .............................................. (name and description of witness) can give evidence concerning the said complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so; This is to authorise and require you to arrest the said .............................................. (name of witness), and on the .............................................. day of .............................................. to bring him before this Court .............................................., to be examined touching the offence complained of.  Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court)  (Signature) FORM No. 11 WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE (See section 96) To .............................................. (name and designation of the police officer or other person or persons who is or are to execute the warrant).       WHEREAS information has been laid .............................................. (or complaint has been made) before me of the commission .............................................. (or suspected commission) of the offence of .............................................. (mention the offence concisely), and it has been made to appear to me that the production of .............................................. (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence);     This is to authorise and require you to search for the said .............................................. (the thing specified) in the .............................................. (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.  Dated, this .............................................. day of .............................................., 20 ............... .  (Seal of the Court)  (Signature) FORM No. 12 WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT (See section 97) To .............................................. (name and designation of the police officer above the rank of a constable).      WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the .............................................. (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the purpose in the words of the section);         This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.  Dated, this .............................................. day of .............................................., 20 ............ . (Seal of the Court)  (Signature) FORM No. 13 BOND TO KEEP THE PEACE ( See sections 125 and 126)     WHEREAS I,.............................................................. (name), inhabitant of .............................................. (place), have been called upon to enter into a bond to keep the peace for the term of ............................................. or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein, I hereby bind myself to forfeit, to Government, the sum of rupees .............................................. Dated, this .............................................. day of .............................................., 20 ............ . (Signature) FORM No. 14 BOND FOR GOOD BEHAVIOUR (See sections 127, 128 and 129)      Whereas I, ............................................................... (name), inhabitant of .............................................. (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of .............................................. (state the period) or until the completion of the inquiry in the matter of .............................................. now pending in the Court of .............................................., I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees ................... Dated, this .............................................. day of .............................................., 20 ............... . (Seal of the Court) (Signature) (Where a bond with sureties is to be executed, add)  We do hereby declare ourselves sureties for the above-named ........................................ that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees ................................. Dated, this .............................................. day of .............................................., 20 ............ . (Seal of the Court)  (Signature) FORM No. 15 SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE (See section 132) To .............................................. of .............................................. WHEREAS it has been made to appear to me by credible information that ................................ (state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of .............................................. on the .............................................. day of .............................................. 20 ..........., at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees .............................................. [when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees .............................................. (each if more than one)], that you will keep the peace for the term of .............................................. Dated, this .............................................. day of .............................................., 20 ........... . (Seal of the Court)  (Signature) FORM No. 16 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE (See section 141) To the Officer in charge of the Jail at .............................................. WHEREAS .............................................. (name and address) appeared before me in person (or by his authorised agent) on the .............................................. day of .............................................. in obedience to a summons calling upon him to show cause why he should not enter into a bond for rupees .............................................. with one surety (or a bond with two sureties each in rupees ..............................................), that he, the said .............................................. (name) would keep the peace for the period of months; and whereas an order was then made requiring the said .............................................. (name) to enter into and find such security ......................................... (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order; This is to authorise and require you to receive the said .............................................. (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .............................................. (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.  Dated, this .............................................. day of .............................................., 20 ........... . (Seal of the Court)  (Signature) FORM No. 17 WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR (See section 141) To the Officer in charge of the Jail at.............................................. WHEREAS it has been made to appear to me that .............................................. (name and description) has been concealing his presence within the district of .............................................. and that there is reason to believe that he is doing so with a view to committing a cognizable offence; or WHEREAS evidence of the general character of..............................................(name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be); AND WHEREAS an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees.............................................. and the said surety (or each of the said sureties) rupees ..............................................and the said..............................................(name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished; This is to authorise and require you receive the said..............................................( name) into your custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ........... . (Seal of the Court)  (Signature) FORM No. 18 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See sections 141 and 142) To the Officer in charge of the Jail at..............................................(or other officer in whose custody the person is).  WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the.............................................. day of ..............................................20..............................................; and has since duly given security under section .............................................. of the Bharatiya Nagarik Suraksha Sanhita, 2023.  or WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of the Court, dated the......................................................... day of ..............................................20.................; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community; This is to authorise and require you forthwith to discharge the said .............................................. (name) from your custody unless he is liable to be detained for some other cause.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 19 WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE (See section 144) To the Officer in charge of the Jail at..............................................    WHEREAS..............................................(name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife ..............................................(name) [or his child..............................................(name) or his father or mother..............................................(name), who is by reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said......................................................( name) to allow to his said ..............................................wife (or child or father or mother) for maintenance the monthly sum of rupees..............................................; and whereas it has been further proved that the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of..............................................; And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period of..............................................; This is to authorise and require you receive the said..............................................(name) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 20 WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE (See section 144) To............................................................................................................................................. .......... (name and designation of the police officer or other person to execute the warrant).     WHEREAS an order has been duly made requiring..............................................(name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees.............................................., and whereas the said..............................................(name) in wilful disregard of the said order has failed to pay rupees.............................................., being the amount of the allowance for the month (or months) of..............................................     This is to authorise and require you to attach any movable property belonging to the said..............................................(name) which may be found within the district of.............................................., and if within..............................................(state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 21 ORDER FOR THE REMOVAL OF NUISANCES (See section 152) To..............................................(name, description and address). WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place) ........................................................... by, etc., ..............................................(state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists; or WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of ..............................................(state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason..............................................(state briefly in what manner the injurious effects are caused), and should be suppressed or removed to different place; or WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way ..............................................(describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced); or WHEREAS , etc., etc., (as the case may be); I do hereby direct and require you within..............................................(state the time allowed) (state what is required to be done to abate the nuisance) ............................................. or to appear at..............................................in the ............................................. Court of..............................................on the ..............................................day of..............................................next, and to show cause why this order should not be enforced; or I do hereby direct and require you within..............................................(state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.; or I do hereby direct and require you within..............................................(state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.; or I do hereby direct and require you, etc., etc. (as the case may be).  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 22 MAGISTRATE'S NOTICE AND PEREMPTORY ORDER (See section 160) To..............................................(name, description and address).     I HEREBY give you notice that it has been found that the order issued on the ...............................................................day of..................................................................................requiring you ..............................................(state substantially the requisition in the order) is reasonable and proper. Such order has been made absolute, and I hereby direct and require you to obey the said order within (state the time allowed), on peril of the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience thereto. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 23 INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY (See section 161) To..............................................(name, description and address).    WHEREAS the inquiry into the conditional order issued by me on the..............................................day of .............................................., 20.............................................., is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do hereby, under the provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and enjoin you forthwith to .............................................. (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 24 MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE (See section 162) To..............................................(name, description and address).     WHEREAS it has been made to appear to me that, etc. ..............................................(state the proper recital, guided by Form No. 21 or Form No. 25, as the case may be); I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 25 MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. (See section 163) To..............................................(name, description and address).   WHEREAS it has been made to appear to me that you are in possession (or have the management) of ..............................................(describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road; or      WHEREAS it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be) and that such procession is likely to lead to a riot or an affray; or      WHEREAS, etc., etc., (as the case may be); I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road; or     I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require).  Dated, this.............................................. day of.............................................. , 20 ............ .  (Seal of the Court)  (Signature) FORM No. 26 MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE (See section 164) It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between..............................................(describe the parties by name and residence or residence only if the dispute be between bodies of villagers) concerning certain..............................................(state concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said..............................................(the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said..............................................(name or names or description) is true; I do decide and declare that he is (or they are) in possession of the said..............................................(the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 27 WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF LAND, ETC. (See section 165) To the officer in charge of the police station at.............................................. (or, To the Collector of..............................................). WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace, existed between..............................................(describe the parties concerned by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain..............................................(state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said ..............................................(the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said..............................................(the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid);       This is to authorise and require you to attach the said..............................................(the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 28 MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER  (See section 166) A dispute having arisen concerning the right of use of..............................................(state concisely the subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by..............................................(describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is capable of being enjoyed"); I do order that the said..............................................(the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 29 BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER (See section 189) I,..............................................(name), of.............................................., being charged with the offence of.............................................., and after inquiry required to appear before the Magistrate of.............................................. or and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at.............................................., in the Court of........................................., on the..............................................day of..............................................next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein. I bind myself to forfeit to Government, the sum of rupees..............................................;  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature)  I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said .............................................. (name) that he shall attend at..............................................in the Court of......................................., on the.....................................day of..............................................next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees..................... Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 30 BOND TO PROSECUTE OR GIVE EVIDENCE (See section 190) I,.................................................................................(name) of ................................................................................ (place), do hereby bind myself to attend at.....................................................................in the Court of............................................................. at.............................................................o'clock on the..............................................................................day of..............................................next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of..............................................against one A. B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees.................. Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) FORM No. 31 SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE (See section 229) To, ....................................................................................................... (Name of the accused) of..............................................(address) WHEREAS your attendance is necessary to answer a charge of a petty offence ..............................................(state shortly the offence charged), you are hereby required to appear in person (or by an advocate) before..............................................(Magistrate) of..............................................on the..............................................day of.............................................. 20.............................................., or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of ............................ rupees as fine, or if you desire to appear by an advocate and to plead guilty through such an advocate, to authorise such advocate in writing to make such a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) Note.—The amount of fine specified in this summons shall not exceed five thousand rupees. FORM No. 32 NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR (See section 232) The Magistrate of..............................................hereby gives notice that he has committed one..............................................for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case. The charge against the accused is that,.............................................. etc. (state the offence as in the charge) Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 33 CHARGES (See sections 234, 235 and 236) I. CHARGES WITH ONE-HEAD (1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:—   (b) On section 147.—That you, on or about the...................................................................................day of.............................................., at.............................................., waged war against the Government of India and thereby committed an offence punishable under section 147 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. (c) And I hereby direct that you be tried by this Court on the said charge.  (Signature and seal of the Magistrate) [To be substituted for (b)]:— (2) On section 151.—That you, on or about the..............................................................................day of.............................................., at.............................................., with the intention of inducing the President of India [or, as the case may be, the Governor of ..............................................(name of State)] to refrain from exercising a lawful power as such President (or, as the case may be, the Government) assaulted President (or, as the case may be, the Governor), and thereby committed an offence punishable under section 151 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (3) On section 198.—That you, on or about the.......................................................................................................................day of.............................................., at.............................................., did (or omitted to do, as the case may be) ...................................................., such conduct being contrary to the provisions of..............................................Act .............................................., section.............................................., and known by you to be prejudicial to.............................................., and thereby committed an offence punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.  (4) On section 229.—That you, on or about the...............................................................................day of.............................................., at.............................................., in the course of the trial of ..............................................before.............................................., stated in evidence that “..............................................” which statement you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (5) On section 105.—That you, on or about the..................................................................................day of.............................................., at.............................................., committed culpable homicide not amounting to murder, causing the death of.............................................., and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (6) On section 108.—That you, on or about the..............................................................................day of......................................................, at......................................................., abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 108 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (7) On section 117(2).—That you, on or about the...........................................................................day of.............................................., at.............................................., voluntarily caused grievous hurt to..................................., and thereby committed an offence punishable under section 117(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (8) On section 309(2).—That you, on or about the..........................................................................day of.............................................., at.............................................., robbed.............................................. (state the name), and thereby committed an offence punishable under section 309(2) of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. (9) On section 310(2).—That you, on or about the............................................................................day of.............................................., at.............................................., committed dacoity, an offence punishable under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. II. CHARGES WITH TWO OR MORE HEADS   (1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge you..............................................(name of accused person) as follows:— (b) On section 179.—First—That you, on or about the..............................................day of.............................................., at.............................................., knowing a coin to be counterfeit, delivered the same to another person, by name, A. B., as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. Secondly—That you, on or about the...............................................................day of.............................................., at.............................................., knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (c) And I hereby direct that you be tried by the said Court on the said charge.  (Signature and seal of the Magistrate) [To be substituted for (b)]:—    (2) On sections 103 and 105.—First—That you, on or about the..................................... day of.............................................., at.............................................., committed murder by causing the death of.............................................., and thereby committed an offence punishable under section 103 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.            Secondly—That you, on or about the......................................day of........................................, at.............................................., by causing the death of.............................................., committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.    (3) On sections 303(2) and 307.—First—That you, on or about the..................................... day of................................, at......, committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.   Secondly—That you, on or about the.............................................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing death to a person in order to the committing of such theft, and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.   Thirdly—That you, on or about the................................................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theftand thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.  Fourthly—That you, on or about the.................................................................day of.............................................., at.............................................., committed theft, having made preparation for causing fear of hurt to a person in order to the restraining of property taken by such theft and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.  (4)Alternative charge on section 229.—That you, on or about the...................................... day of......................................., at......................................., in the course of the inquiry into.............................................., before.............................................., stated in evidence that ‘‘..............................................’’, and that you, on or about the..............................................day of .............................................., at.............................................., in the course of the trial of, ....................................... before, stated in the evidence that ‘‘..............................................’’, one of which statements you either knew or believed to be false, did not believe to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. (In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance of the Court of Session’’.) III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION       I,..................................................(name and office of Magistrate, etc.) hereby charge you ..............................................(name of accused person) as follows:—   That you, on or about the..............................................day of.............................................., at.............................................., committed theft, and thereby committed an offence punishable under section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session (or Magistrate, as the case may be).        And you, the said ................................................................(name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the...................................................... day of.............................................., had been convicted by the..................................................(state Court by which conviction was had) at..............................................of an offence punishable under Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence of house-breaking by night..............................................(describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 13 of the Bharatiya Nyaya Sanhita, 2023.  And I hereby direct that you be tried, etc. FORM No. 34 SUMMONS TO WITNESS  (See sections 63 and 267) To..............................................of..............................................   WHEREAS complaint has been made before me that..............................................(name of the accused) of ..............................................(address) has (or is suspected to have) committed the offence of..............................................(state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution. You are hereby summoned to appear before this Court on the.............................................day of..............................................next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date, a warrant will be issued to compel your attendance.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 35 WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED BY A COURT (See sections 258, 271 and 278) To the Officer in charge of Jail at.............................................. WHEREAS on the.........................................................................day of ..............................................., ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ..............................................of the Calendar for 20 ................................. , was convicted before me.................................................................................(name and official designation) of the offence of..............................................(mention the offence or offences concisely) under section (or sections) .............................................. of the Bharatiya Nyaya Sanhita, 2023 (or of..............................................Act ...........), and was sentenced to..............................................(state the punishment fully and distinctly). This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 36 WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION (See section 273) To the Officer in charge of Jail at.............................................. WHEREAS.....................................................................................(name and description) has brought against..............................................(name and description of the accused person) the complaint that..............................................(mention it concisely) and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said............................................. (name) and the order of dismissal awards payment by the said..............................................(name of complainant) of the sum of rupees..............................................as compensation; and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of..............................................days, unless the aforesaid sum be sooner paid; This is to authorise and require you to receive the said..............................................(name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of .......................................................................(term of imprisonment), subject to the provisions of section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 37 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO CHARGE OF OFFENCE (See section 302) To the Officer in charge of Jail at.............................................. WHEREAS the attendance of..............................................(name of prisoner) at present confined/detained in the above-mentioned prison, is required in this Court to answer to a charge of..............................................(state shortly the offence charged) or for the purpose of a proceeding..............................................(state shortly the particulars of the proceeding). You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..............................................................on the.............................................................day of.............................................., 20......... , by..............................................A. M. there to answer to the said charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison. And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court) (Signature)   Countersigned.  (Seal)  (Signature) FORM No. 38 ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE (See section 302) To the Officer in charge of the Jail at.............................................     WHEREAS complaint has been made before this Court that..............................................(name of the accused) of has committed the offence of..............................................(state offence concisely with time and place) and it appears that..............................................(name of prisoner) at present confined/detained in the above-mentioned prison, is likely to give material evidence for the prosecution/defence.      You are hereby required to produce the said..............................................under safe and sure conduct before this Court at..................................................................on the.........................................................day of.............................................., 20............, by A. M. there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.        And you are further required to inform the said..............................................of the contents of this order and deliver to him the attached copy thereof. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) Countersigned.   (Seal)  (Signature) FORM No. 39 WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED  (See section 384) To the Officer in charge of the Jail at..............................................     WHEREAS at a Court held before me on this day..............................................(name and description of the offender) in the presence (or view) of the Court committed wilful contempt.       And whereas for such contempt the said..............................................(name of the offender) has been adjudged by the Court to pay a fine of rupees.............................................., or in default to suffer simple imprisonment for the period of..............................................(state the number of months or days).       This is to authorise and require you to receive the said..............................................(name of the offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of..............................................(term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ .  (Seal of the Court)  (Signature) FORM No. 40 MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR TO PRODUCE DOCUMENT (See section 388) To..............................................  (name and designation of officer of Court)      WHEREAS..............................................(name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for..............................................(term of detention adjudged);     This is to authorise and require you to take the said..............................................(name) into custody, and him safely to keep in your custody for the period of..............................................days, unless in the meantime he shall consent to be examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 41 WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH (See section 407) To the Officer in charge of the Jail at..............................................     WHEREAS at the session held before me on the...................................................................day of.............................................., 20..............................................,..............................................(name of prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ................. of the Calendar for 20.............. at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section ..............................................of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death, subject to the confirmation of the said sentence by the..............................................Court of........................................................................      This is to authorise and require you to receive the said.............................................. (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said .......................................................................Court.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 42 WARRANT AFTER A COMMUTATION OF A SENTENCE (See sections 427, 453 and 456) To the Officer in charge of the Jail at..............................................   WHEREAS at a Session held on the...............................................................................................day of.............................................., 20.......... , ..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... at the said Session, was convicted of the offence of........................................................................... , punishable under section............................................................of the Bharatiya Nyaya Sanhita, 2023, and was sentenced to..................... and thereupon committed to your custody; and whereas by the order of the ................................................................ Court of ............................................................. order of the .............................................(a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life;         This is to authorise and require you safely to keep the said..............................................(prisoner’s name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order, or if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and there to carry into execution the punishment of imprisonment under the said order according to law”.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 43 WARRANT OF EXECUTION OF A SENTENCE OF DEATH (See sections 453 and 454) To the Officer in charge of the Jail at..............................................     WHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. ............ of the Calendar for 20............ at the Session held before me on the..............................................day of .............................................., 20 .............. ,has been by a warrant of the Court, dated the.................... day of .............................................. , committed to your custody under sentence of death; .............................................. and whereas the order of the High Court at ..............................................confirming the said sentence has been received by this Court.    This is to authorise and require you to carry the said sentence into execution by causing the said..............................................to be hanged by the neck until he be dead, at..............................................(time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 44 WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE (See section 461) To.............................................. (name and designation of the police officer or other person or persons who is or are to execute the warrant).    WHEREAS..............................................(name and description of the offender) was on the..............................................day of.............................................., 20......... , convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and whereas the said..............................................(name), although required to pay the said fine, has not paid the same or any part thereof;  This is to authorise and require you to attach any movable property belonging to the said ...................................................................................(name), which may be found within the district of..............................................; and, if within..............................................(state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............. . (Seal of the Court)  (Signature) FORM No. 45 WARRANT FOR RECOVERY OF FINE (See section 461) To the Collector of the district of.............................................. WHEREAS.................................................................................. (name, address and description of the offender) was on the..............................................day of................................................................, 20.......... , convicted before me of the offence of..............................................(mention the offence concisely), and sentenced to pay a fine of rupees..............................................; and WHEREAS the said..............................................(name), although require to pay the said fine, has not paid the same or any part of thereof; You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said..............................................(name) and to certify without delay what you have done in pursuance of this order.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 46 BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE [See section 464 (1) (b)]  WHEREAS I,..............................................(name) inhabitant of..............................................(place), have been sentenced to pay a fine of rupees..............................................and in default of payment thereof to undergo imprisonment for..............................................; and whereas the Court has been pleased to order my release on condition of my executing a bond for my appearance on the following date (or dates), namely:— I hereby bind myself to appear before the Court of......................................................................... at.............................................. o'clock on the following date (or dates), namely:— and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees..............................................  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD— We do hereby declare ourselves sureties for the above-named that he will appear before the Court of ..............................................on the following date (or dates), namely:— And, in case of his making default therein, we bind ourselves jointly and severally to forfeit to Government the sum of rupees............................................... (Signature) FORM No. 47 BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT [See sections 478, 479, 480, 481, 482(3) and 485] I,..............................................(name), of..............................................(place), having been arrested or detained without warrant by the Officer in charge of..............................................police station (or having been brought before the Court of..............................................), charged with the offence of.............................................., and required to give security for my attendance before such Officer of Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees............................. Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said..............................................(name) that he shall attend the Officer in charge of..............................................police station or the Court of..............................................on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such Officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees............................... Dated, this.............................................. day of.............................................. , 20 ............ . (Signature) FORM No. 48 WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY (See section 487) To the Officer in charge of the Jail at..............................................  (or other officer in whose custody the person is)        WHEREAS..............................................(name and description of prisoner) was committed to your custody under warrant of this Court, dated the..................................................................................day of.............................................. , and has since with his surety (or sureties) duly executed a bond under section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023;        This is to authorise and require you forthwith to discharge the said....................................... (name) from your custody, unless he is liable to be detained for some other matter.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 49 WARRANT OF ATTACHMENT TO ENFORCE A BOND (See section 491) To the Police Officer in charge of the police station at..............................................  WHEREAS..............................................(name, description and address of person) has failed to appear on..............................................(mention the occasion) pursuant to his recognizance, and has by default forfeited to Government the sum of rupees..............................................(the penalty in the bond); and whereas the said..............................................(name of person) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him;     This is to authorise and require you to attach any movable property of the said ..............................................(name) that you may find within the district of ............................... , by seizure and detention, and, if the said amount be not paid within......................................... , days to sell the property so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what you have done under this warrant immediately upon its execution.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 50 NOTICE TO SURETY ON BREACH OF A BOND (See section 491) To .............................................. of ..............................................    WHEREAS on the..............................................day of.............................................. , 20 ........................., you became surety for..............................................(name) of..............................................(place) that he should appear before this Court on the..............................................day of ..............................................and bound yourself in default thereof to forfeit the sum of rupees..................to Government; and whereas the said..............................................(name) has failed to appear before this Court and by reason of such default you have forfeited the aforesaid sum of rupees.    You are hereby required to pay the said penalty or show cause, within..............................................days from this date, why payment of the said sum should not be enforced against you.  Dated, this.............................................. day of.............................................. , 20 ............ .  (Seal of the Court)  (Signature) FORM No. 51 NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To.............................................. of..............................................    WHEREAS on the..............................................day of ............................ , 20................... , you became surety by a bond for..............................................(name) of.............................................. (place) that he would be of good behaviour for the period of..............................................and bound yourself in default thereof to forfeit the sum of rupees.................... to Government; and whereas the said..............................................(name) has been convicted of the offence of.............................................. (mention the offence concisely) committed since you became such surety, whereby your security bond has become forfeited;    You are hereby required to pay the said penalty of rupees .................... or to show cause within .............................................. days why it should not be paid.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 52 WARRANT OF ATTACHMENT AGAINST A SURETY (See section 491) To..............................................of..............................................     WHEREAS..............................................(name, description and address) has bound himself as surety for the appearance of .............................................. (mention the condition of the bond) and the said .............................................. (name) has made default, and thereby forfeited to Government the sum of rupees ........................ (the penalty in the bond);     This is to authorise and require you to attach any movable property of the said ................................................................(name) which you may find within .............................................. the district of .............................................. , by seizure and detention; and, if the said amount be not paid within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount aforesaid, and make return of what you have done under this warrant immediately upon its execution. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 53 WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS..............................................(name and description of surety) has bound himself as a surety for the appearance of.............................................. (state the condition of the bond) and the said..............................................(name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to Government; and whereas the said..............................................(name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in the Civil Jail for..................................(Specify the period);  This is to authorise and require you, the said Superintendent (or Keeper) to receive the said..............................................(name) into your custody with the warrant and to keep him safely in the said Jail for the said..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.  Dated, this.............................................. day of.............................................. , 20 ............ .  (Seal of the Court)  (Signature) FORM No. 54 NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE (See section 491) To..............................................(name, description and address) WHEREAS on the..............................................day of.............................................., 20................,you entered into a bond not to commit, etc., ..............................................(as in the bond), and proof of the forfeiture of the same has been given before me and duly recorded;  You are hereby called upon to pay the said penalty of rupees.................... or to show cause before me within..............................................days why payment of the same should not be enforced against you. Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) FORM No. 55 WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To.............................................. (name and designation of police officer), at the police station of..............................................  WHEREAS..............................................(name and description) did, on the..............................................day of.............................................., 20........................ , enter into a bond for the sum of rupees..............................................binding himself not to commit a breach of the peace, etc., (as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; and whereas notice has been given to the said ..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees.............. , which you may find within the district of.............................................., and, if the said sum be not paid within.......................................... , to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return of what you have done under this warrant immediately upon its execution.  Dated, this.............................................. day of.............................................. , 20 ............ .  (Seal of the Court)  (Signature) FORM No. 56 WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................. WHEREAS proof has been given before me and duly recorded that................................(name and description) has committed a breach of the bond entered into by him to keep the peace, whereby he has forfeited to Government the sum of rupees.................. ; and whereas the said..............................................(name) has failed to pay the said sum or to show cause why the said sum should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail of the period of..............................................(term of imprisonment); This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive the said..............................................(name) into your custody, together with this warrant, and to keep his safely in the said Jail for the said period of ..............................................(term of imprisonment), and to return this warrant with an endorsement certifying the manner of its execution.  Dated, this.............................................. day of.............................................. , 20 ............ .  (Seal of the Court)  (Signature) FORM No. 57 WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Police Officer in charge of the police station at..............................................  WHEREAS ......................................................................(name, description and address) did, on the..............................................day of.............................................., 20.................., give security by bond in the sum of rupees................... for the good behavior of..............................................(name, etc., of the principal), and proof has been given before me and duly recorded of the commission by the said..............................................(name) of the offence of ..............................................whereby the said bond has been forfeited; and whereas notice has been given to the said..............................................(name) calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the said sum; This is to authorise and require you to attach by seizure movable property belonging to the said..............................................(name) to the value of rupees......................which you may find within the district of.............................................. , and, if the said sum be not paid within.............................................. , to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution.  Dated, this.............................................. day of.............................................. , 20 ............ .  (Seal of the Court)  (Signature) FORM No. 58 WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR (See section 491) To the Superintendent (or Keeper) of the Civil Jail at.............................................   WHEREAS..........................................................................(name, description and address) did, on the .............................................. day of.............................................., 20.................. , give security by bond in the sum of rupees........................for the good behaviour of...................................(name, etc., of the principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby the said..............................................(name) has forfeited to Government the sum of rupees.................. , and whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said..............................................(name) in the Civil Jail for the period of..............................................(term of imprisonment); This is to authorise and require you, the Superintendent (or Keeper), to receive the said..............................................(name) into your custody, together with this warrant, and to keep him safely in the said Jail for the said period of..............................................(term of imprisonment), returning this warrant with an endorsement certifying the manner of its execution.  Dated, this.............................................. day of.............................................. , 20 ............ . (Seal of the Court)  (Signature) Bharatiya Nayaya Sanhita, 2023 You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Source:  Ministry of Home Affairs -  Bharatiya Nagarik Sanhita, 2023 Thank you Outlawed India for sharing warmly and freely. Table of contents: Arrangement Of Sections  Chapter I: Preliminary This chapter covers the initial provisions of the Sanhita. Section 1 : Short title, commencement, and application. Section 2 : Defines various terms such as "act," "animal," "child," "counterfeit," "Court," "death," "dishonestly," "document," "fraudulently," "gender," "good faith," "Government," "harbour," "injury," "illegal," "Judge," "life," "local law," "man," "month" and "year," "movable property," "number," "oath," "offence," "omission," "person," "public," "public servant," "reason to believe," "special law," "valuable security," "vessel," "voluntarily," "Will," "woman," "wrongful gain," "wrongful loss," "gaining wrongfully," and "losing wrongfully." Section 3 : Covers general explanations. Chapter II: Of Punishments This chapter outlines different types of punishments and their application. Section 4 : Punishments. Section 5 : Commutation of sentence. Section 6 : Fractions of terms of punishment. Section 7 : Sentence in certain cases of imprisonment may be wholly or partly rigorous or simple. Section 8 : Amount of fine, and liability in default of payment. Section 9 : Limit of punishment of an offence made up of several offences. Section 10 : Punishment of a person guilty of one of several offences when the judgment states that it is doubtful of which one they are guilty. Section 11 : Solitary confinement. Section 12 : Limit of solitary confinement. Section 13 : Enhanced punishment for certain offences after a previous conviction. Chapter III: General Exceptions This chapter details general exceptions that may be used as a defence. Section 14 : Act done by a person who is bound or believes themselves to be bound by law. Section 15 : Act of a Judge acting judicially. Section 16 : Act done pursuant to a judgment or order of a Court. Section 17 : Act done by a person who is justified or believes themselves to be justified by law. Section 18 : Accident in doing a lawful act. Section 19 : Act done without criminal intent to prevent other harm. Section 20 : Act of a child under seven years of age. Section 21 : Act of a child above seven and under twelve years of age with immature understanding. Section 22 : Act of a person of unsound mind. Section 23 : Act of a person incapable of judgment due to intoxication caused against their will. Section 24 : Offence requiring a particular intent or knowledge committed by an intoxicated person. Section 25 : Act not intended or known to cause death or grievous hurt, done by consent. Section 26 : Act not intended to cause death, done by consent and in good faith for a person's benefit. Section 27 : Act done in good faith for the benefit of a child or person of unsound mind, by or with the consent of a guardian. Section 28 : Consent given under fear or misconception. Section 29 : Exclusion of acts that are offences independently of the harm caused. Section 30 : Act done in good faith for a person's benefit without their consent. Section 31 : Communication made in good faith. Section 32 : Act to which a person is compelled by threats. Section 33 : Act causing slight harm. Section 34 : Things done in private defence. Section 35 : Right of private defence of body and of property. Section 36 : Right of private defence against the act of a person of unsound mind, etc. Section 37 : Acts against which there is no right of private defence. Section 38 : When the right of private defence of the body extends to causing death. Section 39 : When the right extends to causing any harm other than death. Section 40 : Commencement and continuance of the right of private defence of the body. Section 41 : When the right of private defence of property extends to causing death. Section 42 : When the right of private defence of property extends to causing any harm other than death. Section 43 : Commencement and continuance of the right of private defence of property. Section 44 :  Right of private defence against a deadly assault when there is a risk of harm to an innocent person. Chapter IV: Of Abetment, Criminal Conspiracy and Attempt This chapter covers various aspects of abetment, criminal conspiracy, and attempt. Section 45 : Abetment of a thing. Section 46 : Abettor. Section 47 : Abetment in India of offences outside India. Section 48 : Abetment outside India for an offence in India. Section 49 : Punishment of abetment if act abetted is committed in consequence and where no express provision is made for its punishment. Section 50 : Punishment of abetment if person abetted does act with different intention from that of abettor. Section 51 : Liability of abettor when one act abetted and different act done. Section 52 : Abettor when liable to cumulative punishment for act abetted and for act done. Section 53 : Liability of abettor for an effect caused by act abetted different from that intended by abettor. Section 54 : Abettor present when offence is committed. Section 55 : Abetment of offence punishable with death or imprisonment for life. Section 56 : Abetment of offence punishable with imprisonment. Section 57 : Abetting commission of offence by public or by more than ten persons. Section 58 : Concealing design to commit offence punishable with death or imprisonment for life. Section 59 : Public servant concealing design to commit offence which it is his duty to prevent. Section 60 : Concealing design to commit offence punishable with imprisonment. Section 61 : Criminal conspiracy. Section 62 : Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. Chapter V: Of Offences Against Woman and Child This chapter focuses on crimes against women and children, including sexual offenses and those related to marriage. Sexual offences Section 63 : Rape. Section 64 : Punishment for rape. Section 65 : Punishment for rape in certain cases. Section 66 : Punishment for causing death or persistent vegetative state of the victim. Section  67 : Sexual intercourse by husband upon his wife during separation. Section  68 : Sexual intercourse by a person in authority. Section  69 : Sexual intercourse by employing deceitful means, etc. Section 70 : Gang rape. Section  71 : Punishment for repeat offenders. Section  72 : Disclosure of identity of victim of certain offences, etc. Section  73 : Printing or publishing any matter relating to Court proceedings without permission. Section 74 : Assault or use of criminal force with intent to outrage a woman's modesty. Section 75 : Sexual harassment. Section 76 : Assault with intent to disrobe a woman. Section 77 : Voyeurism. Section 78 : Stalking. Section  79 : Word, gesture or act intended to insult modesty of a woman. Offences relating to marriage Section 80 : Dowry death. Section 81 : Cohabitation caused by deceitfully inducing belief of lawful marriage. Section 82:   Marrying again during lifetime of husband or wife. Section  83 : Marriage ceremony fraudulently gone through without lawful marriage. Section  84 : Enticing or taking away or detaining with criminal intent a married woman. Section 85 : Husband or relative subjecting a woman to cruelty. Section 86 :  Cruelty defined. Section  87 : Kidnapping, abducting or inducing woman to compel her marriage, etc. Offences related to miscarriage, etc. Section 88 : Causing miscarriage. Section 89 :  Causing miscarriage without the woman's consent. Section  90 : Death caused by act done with intent to cause miscarriage. Section  91 : Act done with intent to prevent child being born alive or to cause to die after birth. Section 92 :  Causing death of a quick unborn child by an act amounting to culpable homicide. Offences against children Section 93 : Exposure and abandonment of a child under twelve years of age. Section 94 :  Concealment of birth by secret disposal of a dead body. Section  95 : Hiring, employing or engaging a child to commit an offence. Section  96 : Procuration of child. Section  97 : Kidnapping or abducting child under ten years of age with intent to steal from its person. Section 98 : Selling a child for purposes of prostitution. Section 99 :  Buying a child for purposes of prostitution. Chapter VI: Of Offences Affecting the Human Body This chapter details crimes against the human body, including those affecting life, causing hurt, and wrongful confinement. Offences affecting life Section 100 : Culpable homicide. Section 101 :  Murder. Section  102 : Culpable homicide by causing death of person other than person whose death was intended. Section 103 : Punishment for murder. Section  104 : Punishment for murder by life-convict. Section  105 : Punishment for culpable homicide not amounting to murder. Section 106 :  Causing death by negligence. Section  107 : Abetment of suicide of child or person of unsound mind. Section 108 : Abetment of suicide. Section 109 : Attempt to murder. Section 110 : Attempt to commit culpable homicide. Section 111 :  Organised crime. Section 112 : Petty organised crime. Section 113 :  Terrorist act. Of hurt Section 114 : Hurt  Section 115 : Voluntarily causing hurt Section 116 : Grievous hurt Section 117 : Voluntarily causing grievous hurt Section 118 : Voluntarily causing hurt or grievous hurt by dangerous weapons or means. Section 119 : Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal act. Section 1 20 : Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of property. Section 121 : Voluntarily causing hurt or grievous hurt to deter public servant from his duty. Section 122 : Voluntarily causing hurt or grievous hurt on provocation. Section 123 : Causing hurt by means of poison, etc., with intent to commit an offence. Section 124 : Voluntarily causing grievous hurt by use of acid, etc Section 125 : Act endangering life or personal safety of others Of wrongful restraint and wrongful confinement Section 126 : Wrongful restraint. Section 127 : Wrongful confinement. Of criminal force and assault Section 128 : Force Section 129 : Criminal force Section 130 : Assault Section 131 : Punishment for assault or criminal force otherwise than on grave provocation Section 132 : Assault or criminal force to deter public servant from discharge of his duty Section 133 : Assault or criminal force with intent to dishonour person, otherwise than on grave provocation Section 134 : Assault or criminal force in attempt to commit theft of property carried by a person Section 135 : Assault or criminal force in attempt to wrongfully confine a person Section 136 : Assault or criminal force on grave provocation Of kidnapping, abduction, slavery and forced labour Section 137 : Kidnapping. Section 138 : Abduction. Section 139 : Kidnapping or maiming a child for purposes of begging. Section 140 : Kidnapping or abducting in order to murder or for ransom, etc. Section 141 : Importation of girl or boy from foreign country. Section 142 : Wrongfully concealing or keeping in confinement, kidnapped or abducted person. Section 143 : Trafficking of persons. Section 144 :  Exploitation of a trafficked person. Section 145 : Habitual dealing in slaves Section 146 : Unlawful compulsory labour Chapter VII: Of Offences Against the State This chapter addresses crimes against the state. Section 147 : Waging, or attempting to wage war, or abetting the waging of war, against the Government of India. Section 148 : Conspiracy to commit offences punishable by section 147. Section 149 : Collecting arms, etc., with intention of waging war against Government of India. Section 150 : Concealing with intent to facilitate design to wage war. Section 151 : Assaulting President, Governor, etc., with intent to compel or restrain exercise of any lawful power Section 152 : Assaulting the President, Governor, etc., with intent to compel or restrain the exercise of any lawful power Section 153 : Act endangering the sovereignty, unity, and integrity of India. Section 154 : Committing depredation on territories of foreign State at peace with Government of India. Section 155 : Receiving property taken by war or depredation mentioned in sections 153 and 154. Section 156 : Public servant voluntarily allowing prisoner of State or war to escape. Section 157 : Public servant negligently suffering such prisoner to escape. Section 158 : Aiding escape of, rescuing or harbouring such prisoner. Chapter VIII: Of Offences Relating to the Army, Navy and Air Force This chapter covers offenses specific to the armed forces. Section 159 : Abetting mutiny, or attempting to seduce a soldier, sailor, or airman from his duty. Section 160 : Abetment of mutiny, if mutiny is committed in consequence thereof. Section 161 : Abetment of assault by soldier, sailor or airman on his superior officer, when in execution of his office. Section 162 : Abetment of such assault, if assault committed. Section 163 : Abetment of desertion of soldier, sailor or airman. Section 164 : Harbouring a deserter. Section 165 : Deserter concealed on board merchant vessel through negligence of master. Section 166 : Abetment of act of insubordination by soldier, sailor or airman. Section 167 : Persons subject to certain Acts. Section 168 : Wearing a garb or carrying a token used by a soldier, sailor, or airman. Chapter IX: Of Offences Relating to Elections This chapter deals with crimes related to elections. Section 169 : Candidate and electoral right defined. Section 170 : Bribery. Section 171 : Undue influence at elections. Section 172 : Personation at elections. Section 173 : Punishment for bribery. Section 174 : Punishment for undue influence or personation at an election. Section 175 : False statement in connection with an election. Section 176 : Illegal payments in connection with an election. Section 177 : Failure to keep election accounts. Chapter X: Of Offences Relating to Coin, Currency-Notes, Bank-Notes, and Government Stamps This chapter covers crimes related to currency and stamps. Section 178 : Counterfeiting coin, Government stamps, currency-notes or bank-notes. Section 179 : Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-notes. Section 180 : Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-notes. Section 181 : Making or possessing instruments or materials for forging or counterfeiting coin, Government stamp, currency-notes or bank-notes. Section 182 : Making or using documents resembling currency-notes or bank-notes. Section 183 : Effacing writing from substance bearing Government stamp, or removing from document a stamp used for it, with intent to cause loss to Government. Section 184 : Using Government stamp known to have been before used. Section 185 : Erasure of mark denoting that stamp has been used. Section 186 : Prohibition of fictitious stamps. Section 187 : Person employed in mint causing coin to be of different weight or composition from that fixed by law. Section 188 : Unlawfully taking coining instrument from mint. Chapter XI: Of Offences Against the Public Tranquillity This chapter outlines crimes that disturb public peace. Section 189 : Unlawful assembly. Section 190 : Every member of an unlawful assembly is guilty of an offence committed in prosecution of the common object. Section 191 : Rioting. Section 192 : Wantonly giving provocation with intent to cause riot-if rioting be committed; if not committed. Section 193 : Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes place. Section 194 : Affray. Section 195:  Assaulting or obstructing public servant when suppressing riot, etc. Section 196 : Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. Section 197 . Imputations, assertions prejudicial to national integration. Chapter XII: Of Offences by or Relating to Public Servants This chapter deals with crimes committed by or against public servants. Section 198 : Public servant disobeying the law with intent to cause injury to any person. Section 199 : Public servant disobeying direction under law. Section 200 : Punishment for non-treatment of victim Section 201 : Public servant framing an incorrect document with intent to cause injury. Section 202 . Public servant unlawfully engaging in trade. Section 203 . Public servant unlawfully buying or bidding for property. Section 204 : Personating a public servant. Section 205 : Wearing a garb or carrying a token used by a public servant with fraudulent intent. Chapter XIII: Of Contempts of the Lawful Authority of Public Servants This chapter covers acts of contempt against the authority of public servants. Section 206 : Absconding to avoid service of summons or other proceedings. Section 207 : Preventing service of summons or other proceeding, or preventing publication thereof. Section 208 : Non-attendance in obedience to an order from public servant. Section 209 : Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik Suraksha Sanhita, 2023. Section 210 : Omission to produce a document or electronic record to a public servant when legally bound to do so. Section211 : Omission to give notice or information to public servant by person legally bound to give it. Section 212 : Furnishing false information. Section 213 : Refusing oath or affirmation when duly required by public servant to make it. Section 214 : Refusing to answer public servant authorised to question. Section 215 : Refusing to sign a statement. Section 216 : False statement on oath or affirmation to public servant or person authorised to administer an oath or affirmation. Section 217 : False information, with intent to cause public servant to use his lawful power to injury of another person Section 218 : Resistance to taking of property by lawful authority of a public servant. Section 219 : Obstructing sale of property offered for sale by authority of public servant. Section 220 : Illegal purchase or bid for property offered for sale by authority of public servant. Section 221 : Obstructing a public servant in the discharge of their public functions. Section 222 : Omission to assist public servant when bound by law to give assistance. Section 223 : Disobedience to order duly promulgated by public servant. Section 224 : Threat of injury to public servant. Section 225 : Threat of injury to induce person to refrain from applying for protection to public servant. Section 226 : Attempt to commit suicide to compel or restrain exercise of lawful power. Chapter XIV: Of False Evidence and Offences Against Public Justice This chapter deals with false evidence and crimes that obstruct public justice. Section 227 : Giving false evidence. Section 228 : Fabricating false evidence. Section 229 : Punishment for false evidence. Section 230:   Giving or fabricating false evidence with intent to procure conviction of capital offence. Section 231:   Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment. Section 232:   Threatening any person to give false evidence. Section 233:   Using evidence known to be false. Section 234:   Issuing or signing false certificate. Section 235:   Using as true a certificate known to be false. Section 236:   False statement made in declaration which is by law receivable as evidence. Section 237:   Using as true such declaration knowing it to be false. Section 238 : Causing the disappearance of evidence of an offence, or giving false information to screen an offender. Section 239:   Intentional omission to give information of offence by person bound to inform. Section 240:   Giving false information respecting an offence committed. Section 241:   Destruction of document or electronic record to prevent its production as evidence. Section 242:   False personation for purpose of act or proceeding in suit or prosecution. Section 243:  Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution. Section 244:   Fraudulent claim to property to prevent its seizure as forfeited or in execution. Section 245:   Fraudulently suffering decree for sum not due. Section246:   Dishonestly making false claim in Court. Section 247:   Fraudulently obtaining decree for sum not due. Section 248:   False charge of offence made with intent to injure. Section 249 : Harbouring an offender. Section 250 : Taking gift, etc., to screen an offender from punishment. Section 251 : Offering gift or restoration of property in consideration of screening offender. Section 252 : Taking gift to help to recover stolen property, etc. Section 253:   Harbouring offender who has escaped from custody or whose apprehension has been ordered. Section 254 : Penalty for harbouring robbers or dacoits. Section 255 : Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. Section 256 : Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture. Section 257 : Public servant in judicial proceeding corruptly making report, etc., contrary to law . Section 258 : Commitment for trial or confinement by person having authority who knows that he is acting contrary to law. Section 259 :  Intentional omission to apprehend on part of public servant bound to apprehend. Section 260 : Intentional omission to apprehend on part of public servant bound to apprehend person under sentence or lawfully committed. Section 261 :  Escape from confinement or custody negligently suffered by public servant. Section 262 : Resistance or obstruction by a person to his lawful apprehension. Section 263 : Resistance or obstruction to lawful apprehension of another person. Section 264 : Omission to apprehend, or sufferance of escape, on part of public servant, in cases not otherwise provided for. Section 265 : Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise provided for. Section 266 : Violation of condition of remission of punishment. Section 267 : Intentional insult or interruption to public servant sitting in judicial proceeding. Section 268 :  Personation of assessor. Section 269 : Failure by person released on bail bond or bond to appear in Court. Chapter XV: Of Offences Affecting the Public Health, Safety, Convenience, Decency and Morals This chapter covers crimes related to public well-being. Section 270 : Public nuisance. Section 271 : Negligent act likely to spread infection of disease dangerous to life. Section 272 : Malignant act likely to spread infection of disease dangerous to life. Section 273 : Disobedience to quarantine rule. Section 274 : Adulteration of food or drink intended for sale. Section 275 : Sale of noxious food or drink. Section 276 : Adulteration of drugs. Section 277 : Sale of adulterated drugs. Section 278 : Sale of drug as a different drug or preparation. Section 279:   Fouling water of public spring or reservoir. Section 280:  Making atmosphere noxious to health. Section 281 : Rash driving or riding on a public way. Section 282 : Rash navigation of a vessel. Section 283 : Exhibition of false light, mark or buoy. Section 284 : Conveying person by water for hire in unsafe or overloaded vessel. Section 285 : Danger or obstruction in public way or line of navigation. Section 286 : Negligent conduct with respect to poisonous substance. Section 287 : Negligent conduct with respect to fire or combustible matter. Section 288 :  Negligent conduct with respect to explosive substance. Section 289 : Negligent conduct with respect to machinery. Section 290 : Negligent conduct with respect to pulling down, repairing or constructing buildings, etc. Section 291 : Negligent conduct with respect to animal. Section 292 : Punishment for public nuisance in cases not otherwise provided for. Section 293 : Continuance of nuisance after injunction to discontinue. Section 294 :  Sale, etc., of obscene books, etc. Section 295 : Sale, etc., of obscene objects to child. Section 296 :  Obscene acts and songs. Section 297 : Keeping lottery office. Chapter XVI: Of Offences Relating to Religion This chapter outlines crimes related to religion. Section 298 : Injuring or defiling a place of worship with intent to insult the religion of any class. Section 299 : Deliberate and malicious acts intended to outrage the religious feelings of any class by insulting their religion or religious beliefs. Section 300 : Disturbing a religious assembly. Section 301 : Trespassing on burial places, etc. Section 302 : Uttering words, etc., with deliberate intent to wound religious feelings of any person. Chapter XVII: Of Offences Against Property This chapter covers crimes against property, including theft, robbery, and mischief. Of theft Section 303 : Theft. Section 304 : Snatching. Section  305 : Theft in a dwelling house, or means of transportation or place of worship, etc. Section  306 : Theft by clerk or servant of property in possession of master. Section  307 :  Theft after preparation made for causing death, hurt or restraint in order to committing of theft. Of extortion Section 308 : Extortion. Of robbery and dacoity Section 309 : Robbery. Section 310 : Dacoity. Section  311 : Robbery, or dacoity, with attempt to cause death or grievous hurt. Section  312 : Attempt to commit robbery or dacoity when armed with deadly weapon. Section  313 : Punishment for belonging to gang of robbers, etc. Of criminal misappropriation of property Section 314 : Dishonest misappropriation of property. Section  315 . Dishonest misappropriation of property possessed by deceased person at the time of his death. Of criminal breach of trust Section 316 : Criminal breach of trust. Of receiving stolen property Section  317 . Stolen property Of cheating Section 318 : Cheating. Section 319 : Cheating by personation. Of fraudulent deeds and dispositions of property Section 320 : Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. Section  321 : Dishonestly or fraudulently preventing debt being available for creditors. Section  322 : Dishonest or fraudulent execution of deed of transfer containing false statement of consideration. Section 323 : Dishonest or fraudulent removal or concealment of property. Of mischief Section 324 : Mischief. Section 325 : Mischief by killing or maiming an animal. Section 326 : Mischief by injury, inundation, fire or explosive substance, etc. Section 327 : Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of twenty tons burden. Section 328 : Punishment for intentionally running vessel aground or ashore with intent to commit theft, etc. Of criminal trespass Section 329 : Criminal trespass and house-trespass. Section 330 : House-trespass and housebreaking. Section 331 : Punishment for house-trespass or house-breaking. Section 332 : House-trespass in order to commit offence. Section 333 : House-trespass after preparation for hurt, assault or wrongful restraint. Section 334 : Dishonestly breaking open receptacle containing property. Chapter XVIII: Of Offences Relating to Documents and to Property Marks This chapter focuses on crimes involving documents and property marks. Section 335 : Making a false document. Section 336 : Forgery. Section 337 : Forgery of record of Court or of public register, etc. Section 338 : Forgery of a valuable security, will, etc. Section 339 : Having possession of document described in section 337 or section 338, knowing it to be forged and intending to use it as genuine. Section 340 : Forged document or electronic record and using it as genuine. Section  341 : Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under section 338. Section 342 : Counterfeiting device or mark used for authenticating documents described in section 338, or possessing counterfeit marked material. Section 343 : Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security. Section 344 : Falsification of accounts. Of property marks Section 345:   Property mark. Section 346 : Tampering with property mark with intent to cause injury. Section 347 : Counterfeiting a property mark. Section 348 : Making or possession of any instrument for counterfeiting a property mark. Section 349 : Selling goods marked with a counterfeit property mark. Section 350 : Making a false mark upon any receptacle containing goods. Chapter XIX: Of Criminal Intimidation, Insult, Annoyance, Defamation, etc. This chapter deals with crimes of intimidation and harm to reputation. Section 351 : Criminal intimidation. Section 352 : Intentional insult with intent to provoke a breach of peace. Section 353 : Statements conducing to public mischief. Section 354 : Act caused by inducing person to believe that he will be rendered an object of Divine displeasure. Section 355 : Misconduct in public by a drunken person. Of defamation Section 356 : Defamation. Of breach of contract to attend on and supply wants of helpless person Section 357 : Breach of contract to attend on and supply wants of helpless person. Chapter XX: Repeal and Savings Section 358 : Repeal and savings. THE BHARATIYA NYAYA SANHITA, 2023 A CT N O . 45 OF 2023 [25th December, 2023.] An Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:–– CHAPTER I: PRELIMINARY 1. Short title, commencement and application. – (1) This Act may be called the Bharatiya Nyaya Sanhita, 2023. (2) It shall come into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Sanhita. (3) Every person shall be liable to punishment under this Sanhita and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India. (4) Any person liable, by any law for the time being in force in India, to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Sanhita for any act committed beyond India in the same manner as if such act had been committed within India. (5) The provisions of this Sanhita shall also apply to any offence committed by— (a) any citizen of India in any place without and beyond India; (b) any person on any ship or aircraft registered in India wherever it may be; (c) any person in any place without and beyond India committing offence targeting a computer resource located in India. Explanation .—In this section, the word “offence” includes every act committed outside India which, if committed in India, would be punishable under this Sanhita. Illustration A, who is a citizen of India, commits a murder in any place without and beyond India. He can be tried and convicted of murder in any place in India in which he may be found. (6) Nothing in this Sanhita shall affect the provisions of any Act for punishing mutiny and desertion of officers, soldiers, sailors or airmen in the service of the Government of India or the provisions of any special or local law. 2. Definitions .— In this Sanhita, unless the context otherwise requires,— (1) “act” denotes as well a series of acts as a single act; (2) “animal” means any living creature, other than a human being; (3) “child” means any person below the age of eighteen years; (4) “counterfeit”.–A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised. 1. 1st July, 2024, except the provision of sub-section (2) of section 106, vide notification No. S.O. 850(E), dated, 23 rd day of February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii). Explanation 1 .—It is not essential to counterfeiting that the imitation should be exact. Explanation 2 .—When a person causes one thing to resemble another thing, and the resemblance is such that a person might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the one thing to resemble the other thing intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be practised; (5) “Court” means a Judge who is empowered by law to act judicially alone, or a body of Judges which is empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially; (6) “death” means the death of a human being unless the contrary appears from the context; (7) “dishonestly” means doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person; (8) “document” means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, and includes electronic and digital record, intended to be used, or which may be used, as evidence of that matter. Explanation 1 .—It is immaterial by what means or upon what substance the letters, figures or marks are formed, or whether the evidence is intended for, or may be used in a Court or not. (a) A writing expressing the terms of a contract, which may be used as evidence of the contract, is a document. (b) A cheque upon a banker is a document. (c) A power-of-attorney is a document. (d) A map or plan which is intended to be used or which may be used as evidence, is a document. (e) A writing containing directions or instructions is a document. Explanation 2 .—Whatever is expressed by means of letters, figures or marks as explained by mercantile or other usage, shall be deemed to be expressed by such letters, figures or marks within the meaning of this section, although the same may not be actually expressed. Illustration. A writes his name on the back of a bill of exchange payable to his order. The meaning of the endorsement, as explained by mercantile usage, is that the bill is to be paid to the holder. The endorsement is a document, and shall be construed in the same manner as if the words “pay to the holder” or words to that effect had been written over the signature; (9) “fraudulently” means doing anything with the intention to defraud but not otherwise; (10) “gender”.—The pronoun “he” and its derivatives are used of any person, whether male, female or transgender. Explanation .––“transgender” shall have the meaning assigned to it in clause (k) of section 2 of the Transgender Persons (Protection of Rights) Act, 2019 (40 of 2019); (11) “good faith”.—Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention; (12) “Government” means the Central Government or a State Government; (13) “harbour” includes supplying a person with shelter, food, drink, money, clothes, arms, ammunition or means of conveyance, or the assisting a person by any means, whether of the same kind as those enumerated in this clause or not, to evade apprehension; (14) “injury” means any harm whatever illegally caused to any person, in body, mind, reputation or property; (15) “illegal” and “legally bound to do”.—The word “illegal” is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be “legally bound to do” whatever it is illegal in him to omit; (16) “Judge” means a person who is officially designated as a Judge and includes a person,–– (i) who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, if confirmed by some other authority, would be definitive; or (ii) who is one of a body or persons, which body of persons is empowered by law to give such a judgment. Illustration . A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge; (17) “life” means the life of a human being, unless the contrary appears from the context; (18) “local law” means a law applicable only to a particular part of India; (19) “man” means male human being of any age; (20) “month” and “year”.––Wherever the word “month” or the word “year” is used, it is to be understood that the month or the year is to be reckoned according to the Gregorian calendar; (21) “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth; (22) “number”.—Unless the contrary appears from the context, words importing the singular number include the plural number, and words importing the plural number include the singular number; (23) “oath” includes a solemn affirmation substituted by law for an oath, and any declaration required or authorised by law to be made before a public servant or to be used for the purpose of proof, whether in a Court or not; (24) “offence”.—Except in the Chapters and sections mentioned in sub-clauses (a) and (b), the word “offence” means a thing made punishable by this Sanhita, but–– (a) in Chapter III and in the following sections, namely, sub-sections (2), (3), (4) and (5) of section 8, sections 9, 49, 50, 52, 54, 55, 56, 57, 58, 59, 60, 61, 119, 120, 123, sub-sections (7) and (8) of section 127, 222, 230, 231, 240, 248, 250, 251, 259, 260, 261, 262, 263, sub-sections (6) and (7) of section 308 and sub-section (2) of section 330, the word “offence” means a thingpunishable under this Sanhita, or under any special law or local law; and (b) in sub-section (1) of section 189, sections 211, 212, 238, 239, 249, 253 and sub-section (1) of section 329, the word “offence” shall have the same meaning when the act punishable under the special law or local law is punishable under such law with imprisonment for a term of six months or more, whether with or without fine; (25) “omission” denotes as well as a series of omissions as a single omission; (26) “person” includes any company or association or body of persons, whether incorporated or not; (27) “public” includes any class of the public or any community; (28) “public servant” means a person falling under any of the descriptions, namely:— (a) every commissioned officer in the Army, Navy or Air Force; (b) every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; (c) every officer of a Court including a liquidator, receiver or commissioner whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorised by a Court to perform any of such duties; (d) every assessor or member of a panchayat assisting a Court or public servant; (e) every arbitrator or other person to whom any cause or matter has been referred for mdecision or report by any Court, or by any other competent public authority; (f) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement; (g) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; (h) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; (i) every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; (j) every person who holds any office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; (k) every person— (i) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government; (ii) in the service or pay of a local authority as defined in clause (31) of section 3 of the General Clauses Act, 1897 (10 of 1897), a corporation established by or under a Central or State Act or a Government company as defined in clause (45) of section 2 of the Companies Act, 2013 (18 of 2013). Explanation .— (a) persons falling under any of the descriptions made in this clause are public servants, whether appointed by the Government or not; (b) every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation is a public servant; (c) “election” means an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under any law for the time being in force. Illustration . A Municipal Commissioner is a public servant; (29) “reason to believe”.—A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing but not otherwise; (30) “special law” means a law applicable to a particular subject; (31) “valuable security” means a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right. Illustration . A writes his name on the back of a bill of exchange. As the effect of this endorsement is to transfer the right to the bill to any person who may become the lawful holder of it, the endorsement is a “valuable security”; (32) “vessel” means anything made for the conveyance by water of human beings or of property; (33) “voluntarily”.—A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. Illustration. A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a robbery and thus causes the death of a person. Here, A may not have intended to cause death; and may even be sorry that death has been caused by his act; yet, if he knew that he was likely to cause death, he has caused death voluntarily; (34) “will” means any testamentary document; (35) “woman” means a female human being of any age; (36) “wrongful gain” means gain by unlawful means of property to which the person gaining is not legally entitled; (37) “wrongful loss” means the loss by unlawful means of property to which the person losing it is legally entitled; (38) “gaining wrongfully” and “losing wrongfully”.—A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property; and (39) words and expressions used but not defined in this Sanhita but defined in the Information Technology Act, 2000 (21 of 2000) and the Bharatiya Nagarik Suraksha Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita. 3. General explanations. (1) Throughout this Sanhita every definition of an offence, every penal provision, and every Illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the Chapter entitled “General Exceptions”, though those exceptions are not repeated in such definition, penal provision, or Illustration. Illustrations . (a) The sections in this Sanhita, which contain definitions of offences, do not express that a child under seven years of age cannot commit such offences; but the definitions are to be understood subject to the general exception which provides that nothing shall be an offence which is done by a child under seven years of age. (b) A, a police officer, without warrant, apprehends Z, who has committed murder. Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and therefore the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it”. (2) Every expression which is explained in any Part of this Sanhita, is used in every Part of this Sanhita in conformity with the explanation. (3) When property is in the possession of a person’s spouse, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Sanhita. Explanation .—A person employed temporarily or on a particular occasion in the capacity of a clerk or servant, is a clerk or servant within the meaning of this sub-section. (4) In every Part of this Sanhita, except where a contrary intention appears from the context, words which refer to acts done extend also to illegal omissions. (5) When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. (6) Whenever an act, which is criminal only by reason of its being done with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. (7) Wherever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Illustration. A intentionally causes Z’s death, partly by illegally omitting to give Z food, and partly by beating Z. A has committed murder. (8) When an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Illustrations. (a) A and B agree to murder Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to murder Z. Z dies from the effects the several doses of poison so administered to him. Here A and B intentionally cooperate in the commission of murder and as each of them does an act by which the death is caused, they are both guilty of the offence though their acts are separate. (b) A and B are joint jailors, and as such have the charge of Z, a prisoner, alternatively for six hours at a time. A and B, intending to cause Z’s death, knowingly cooperate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of the murder of Z. (c) A, a jailor, has the charge of Z, a prisoner. A, intending to cause Z’s death, illegally omits to supply Z with food; in consequence of which Z is much reduced in strength, but the starvation is not sufficient to cause his death. A is dismissed from his office, and B succeeds him. B, without collusion or cooperation with A, illegally omits to supply Z with food, knowing that he is likely thereby to cause Z’s death. Z dies of hunger. B is guilty of murder, but, as A did not cooperate with B. A is guilty only of an attempt to commit murder. (9) Where several persons are engaged or concerned in the commission of a criminal act, they may be guilty of different offences by means of that act. Illustration . A attacks Z under such circumstances of grave provocation that his killing of Z would be only culpable homicide not amounting to murder. B, having ill-will towards Z and intending to kill him, and not having been subject to the provocation, assists A in killing Z. Here, though A and B are both engaged in causing Z’s death, B is guilty of murder, and A is guilty only of culpable homicide. CHAPTER II: OF PUNISHMENTS 4. Punishments. —The punishments to which offenders are liable under the provisions of this Sanhita are— (a) Death; (b) Imprisonment for life; (c) Imprisonment, which is of two descriptions, namely: — (1) Rigorous, that is, with hard labour; (2) Simple; (d) Forfeiture of property; (e) Fine; (f) Community Service. 5. Commutation of sentence. — The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Explanation . — For the purposes of this section the expression “appropriate Government” means, — (a) in cases where the sentence is a sentence of death or is for an offence against any law relating to a matter to which the executive power of the Union extends, the Central Government; and (b) in cases where the sentence (whether of death or not) is for an offence against any law relating to a matter to which the executive power of the State extends, the Government of the State within which the offender is sentenced. 6. Fractions of terms of punishment.— In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years unless otherwise provided. 7. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.— In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple. 8. Amount of fine, liability in default of payment of fine, etc .— (1) Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. (2) In every case of an offence— (a) punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment; (b) punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, it shall be competent to the Court which sentences such offender to direct by the sentence that, in default of payment of the fine, the offender shall suffer imprisonment for a certain term, in which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. (3) The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one-fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. (4) The imprisonment which the Court imposes in default of payment of a fine or in default of community service may be of any description to which the offender might have been sentenced for the offence. (5) If the offence is punishable with fine or community service, the imprisonment which the Court imposes in default of payment of the fine or in default of community service shall be simple, and the term for which the Court directs the offender to be imprisoned, in default of payment of fine or in default of community service, shall not exceed,— (a) two months when the amount of the fine does not exceed five thousand rupees; (b ) four months when the amount of the fine does not exceed ten thousand rupees; and (c ) one year in any other case. (6) (a) The imprisonment which is imposed in default of payment of a fine shall terminate whenever that fine is either paid or levied by process of law; (b) If, before the expiration of the term of imprisonment fixed in default of payment, such a proportion of the fine be paid or levied that the term of imprisonment suffered in default of payment is not less than proportional to the part of the fine still unpaid, the imprisonment shall terminate. Illustration . A is sentenced to a fine of one thousand rupees and to four months’ imprisonment in default of payment. Here, if seven hundred and fifty rupees of the fine be paid or levied before the expiration of one month of the imprisonment, A will be discharged as soon as the first month has expired. If seven hundred and fifty rupees be paid or levied at the time of the expiration of the first month, or at any later time while A continues in imprisonment, A will be immediately discharged. If five hundred rupees of the fine be paid or levied before the expiration of two months of the imprisonment, A will be discharged as soon as the two months are completed. If five hundred rupees be paid or levied at the time of the expiration of those two months, or at any later time while A continues in imprisonment, A will be immediately discharged. (7) The fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time previous to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally liable for his debts. 9. Limit of punishment of offence made up of several offences.— (1) Where anything which is an offence is made up of parts, any of which parts is itself an offence, the offender shall not be punished with the punishment of more than one of such his offences, unless it be so expressly provided. (2) Where — (a) anything is an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished; or (b) several acts, of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the offender shall not be punished with a more severe punishment than the Court which tries him could award for any one of such offences. Illustrations . (a) A gives Z fifty strokes with a stick. Here A may have committed the offence of voluntarily causing hurt to Z by the whole beating, and also by each of the blows which make up the whole beating. If A were liable to punishment for every blow, he might be imprisoned for fifty years, one for each blow. But he is liable only to one punishment for the whole beating. (b) But, if, while A is beating Z, Y interferes, and A intentionally strikes Y, here, as the blow given to Y is no part of the act whereby A voluntarily causes hurt to Z, A is liable to one punishment for voluntarily causing hurt to Z, and to another for the blow given to Y. 10. Punishment of person guilty of one of several offences, judgment stating that it is doubtful  of which.— In all cases in which judgment is given that a person is guilty of one of several offences specified in the judgment, but that it is doubtful of which of these offences he is guilty, the offender shall be punished for the offence for which the lowest punishment is provided if the same punishment is not provided for all. 11. Solitary confinement.— Whenever any person is convicted of an offence for which under this Sanhita the Court has power to sentence him to rigorous imprisonment, the Court may, by its sentence, order that the offender shall be kept in solitary confinement for any portion or portions of the imprisonment to which he is sentenced, not exceeding three months in the whole, according to the following scale, namely: — (a) a time not exceeding one month if the term of imprisonment shall not exceed six months; (b) a time not exceeding two months if the term of imprisonment shall exceed six months and shall not exceed one year; (c) a time not exceeding three months if the term of imprisonment shall exceed one year. 12. Limit of solitary confinement.— In executing a sentence of solitary confinement, such confinement shall in no case exceed fourteen days at a time, with intervals between the periods of solitary confinement of not less duration than such periods; and when the imprisonment awarded shall exceed three months, the solitary confinement shall not exceed seven days in any one month of the whole imprisonment awarded, with intervals between the periods of solitary confinement of not less duration than such periods. 13. Enhanced punishment for certain offences after previous conviction.— Whoever, having been convicted by a Court in India, of an offence punishable under Chapter X or Chapter XVII of this Sanhitawith imprisonment of either description for a term of three years or upwards, shall be guilty of any offence punishable under either of those Chapters with like imprisonment for the like term, shall be subject for every such subsequent offence to imprisonment for life, or to imprisonment of either description for a term which may extend to ten years. CHAPTER III: GENERAL EXPECTATIONS 14. Act done by a person bound, or by mistake of fact believing himself bound, by law.—  Nothing is an offence which is done by a person who is, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith believes himself to be, bound by law to do it. Illustrations . (a) A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has committed no offence. (b) A, an officer of a Court, being ordered by that Court to arrest Y, and, after due enquiry, believing Z to be Y, arrests Z. A has committed no offence. 15. Act of Judge when acting judicially.— Nothing is an offence which is done by a Judge when acting judicially in the exercise of any power which is, or which in good faith he believes to be, given to him by law. 16. Act done pursuant to judgment or order of Court.— Nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court; if done whilst such judgment or order remains in force, is an offence, notwithstanding the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith believes that the Court had such jurisdiction. 17. Act done by a person justified, or by mistake of fact believing himself justified, by law.—  Nothing is an offence which is done by any person who is justified by law, or who by reason of a mistake of fact and not by reason of a mistake of law in good faith, believes himself to be justified by law, in doing it. Illustration. A sees Z commit what appears to A to be a murder. A, in the exercise, to the best of his judgment exerted in good faith, of the power which the law gives to all persons of apprehending murderers in the fact, seizes Z, in order to bring Z before the proper authorities. A has committed no offence, though it may turn out that Z was acting in self-defence. 18. Accident in doing a lawful act.— Nothing is an offence which is done by accident or misfortune, and without any criminal intention or knowledge in the doing of a lawful act in a lawful manner by lawful means and with proper care and caution. Illustration . A is at work with a hatchet; the head flies off and kills a man who is standing by. Here, if there was no want of proper caution on the part of A, his act is excusable and not an offence. 19. Act likely to cause harm, but done without criminal intent, and to prevent other harm.—  Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property. Explanation .—It is a question of fact in such a case whether the harm to be prevented or avoided was of such a nature and so imminent as to justify or excuse the risk of doing the act with the knowledge that it was likely to cause harm. Illustrations. (a) A, the captain of a vessel, suddenly and without any fault or negligence on his part, finds himself in such a position that, before he can stop his vessel, he must inevitably run down a boat B, with twenty or thirty passengers on board, unless he changes the course of his vessel, and that, by changing his course, he must incur risk of running down a boat C with only two passengers on board, which he may possibly clear. Here, if A alters his course without any intention to run down the boat C and in good faith for the purpose of avoiding the danger to the passengers in the boat B, he is not guilty of an offence, though he may run down the boat C by doing an act which he knew was likely to cause that effect, if it be found as a matter of fact that the danger which he intended to avoid was such as to excuse him in incurring the risk of running down the boat C. (b) A, in a great fire, pulls down houses in order to prevent the conflagration from spreading. He does this with the intention in good faith of saving human life or property. Here, if it be found that the harm to be prevented was of such a nature and so imminent as to excuse A’s act, A is not guilty of the offence. 20. Act of a child under seven years of age.— Nothing is an offence which is done by a child under seven years of age. 21. Act of a child above seven and under twelve years of age of immature understanding.—  Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. 22. Act of a person of unsound mind.— Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law. 23. Act of a person incapable of judgment by reason of intoxication caused against his will.—  Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; provided that the thing which intoxicated him was administered to him without his knowledge or against his will. 24. Offence requiring a particular intent or knowledge committed by one who is intoxicated.—  In cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. 25. Act not intended and not known to be likely to cause death or grievous hurt, done by  consent.— Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm. Illustration . A and Z agree to fence with each other for amusement. This agreement implies the consent of each to suffer any harm which, in the course of such fencing, may be caused without foul play; and if A, while playing fairly, hurts Z, A commits no offence. 26. Act not intended to cause death, done by consent in good faith for person’s benefit.—  Nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, or be known by the doer to be likely to cause, to any person for whose benefit it is done in good faith, and who has given a consent, whether express or implied, to suffer that harm, or to take the risk of that harm. Illustration. A, a surgeon, knowing that a particular operation is likely to cause the death of Z, who suffers under the painful complaint, but not intending to cause Z’s death, and intending, in good faith, Z’s benefit, performs that operation on Z, with Z’s consent. A has committed no offence. 27. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of  guardian.— Nothing which is done in good faith for the benefit of a person under twelve years of age, or person of unsound mind, by, or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person: Provided that this exception shall not extend to — (a) the intentional causing of death, or to the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustration. A, in good faith, for his child’s benefit without his child’s consent, has his child cut for the stone by asurgeon knowing it to be likely that the operation will cause the child’s death, but not intending to cause the child’s death. A is within the exception, in as much as his object was the cure of the child. 28. Consent known to be given under fear or misconception.— A consent is not such a consent as is intended by any section of this Sanhita, — (a) if the consent is given by a person under fear of injury, or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such fear or misconception; or (b) if the consent is given by a person who, from unsoundness of mind, or intoxication, is unable to understand the nature and consequence of that to which he gives his consent; or ( c) unless the contrary appears from the context, if the consent is given by a person who is under twelve years of age. 29. Exclusion of acts which are offences independently of harm caused.— The exceptions in sections 25, 26 and 27 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given. Illustration. Causing miscarriage (unless caused in good faith for the purpose of saving the life of the woman) is an offence independently of any harm which it may cause or be intended to cause to the woman.Therefore, it is not an offence “by reason of such harm”; and the consent of the woman or of her guardian to the causing of such miscarriage does not justify the act. 30. Act done in good faith for benefit of a person without consent.— Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person’s consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawfulcharge of him from whom it is possible to obtain consent in time for the thing to be done with benefit: Provided that this exception shall not extend to — (a) the intentional causing of death, or the attempting to cause death; (b) the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt, or the curing of any grievous disease or infirmity; (c) the voluntary causing of hurt, or to the attempting to cause hurt, for any purpose other than the preventing of death or hurt; (d) the abetment of any offence, to the committing of which offence it would not extend. Illustrations. (1) Z is thrown from his horse, and is insensible. A, a surgeon, finds that Z requires to be trepanned. A, not intending Z’s death, but in good faith, for Z’s benefit, performs the trepan before Z recovers his power of judging for himself. A has committed no offence. (2) Z is carried off by a tiger. A fires at the tiger knowing it to be likely that the shot may kill Z, but not intending to kill Z, and in good faith intending Z’s benefit. A’s bullet gives Z a mortal wound. A has committed no offence. (3) A, a surgeon, sees a child suffer an accident which is likely to prove fatal unless an operation be immediately performed. There is no time to apply to the child’s guardian. A performs the operation in spite of the entreaties of the child, intending, in good faith, the child’s benefit. A has committed no offence. (4) A is in a house which is on fire, with Z, a child. People below hold out a blanket. A drops the child from the house top, knowing it to be likely that the fall may kill the child, but not intending to kill the child, and intending, in good faith, the child’s benefit. Here, even if the child is killed by the fall, A has committed no offence. Explanation . — Mere pecuniary benefit is not benefit within the meaning of sections 26, 27 and this section. 31. Communication made in good faith.— No communication made in good faith is an offence by reason of any harm to the person to whom it is made, if it is made for the benefit of that person. Illustration. A, a surgeon, in good faith, communicates to a patient his opinion that he cannot live. The patient dies in consequence of the shock. A has committed no offence, though he knew it to be likely that the communication might cause the patient’s death. 32. Act to which a person is compelled by threats.— Except murder, and offences against the State punishable with death, nothing is an offence which is done by a person who is compelled to do it by threats, which, at the time of doing it, reasonably cause the apprehension that instant death to that person will otherwise be the consequence: Provided that the person doing the act did not of his own accord, or from a reasonable apprehension of harm to himself short of instant death, place himself in the situation by which he became subject to such constraint. Explanation 1.— A person who, of his own accord, or by reason of a threat of being beaten, joins a gang of dacoits, knowing their character, is not entitled to the benefit of this exception, on the ground of his having been compelled by his associates to do anything that is an offence by law. Explanation 2 . — A person seized by a gang of dacoits, and forced, by threat of instant death, to do a thing which is an offence by law; for example, a smith compelled to take his tools and to force the door of a house for the dacoits to enter and plunder it, is entitled to the benefit of this exception. 33. Act causing slight harm.— Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. Of right of private defence 34. Things done in private defence.— Nothing is an offence which is done in the exercise of the right of private defence. 35. Right of private defence of body and of property.— Every person has a right, subject to the restrictions contained in section 37, to defend— (a) his own body, and the body of any other person, against any offence affecting the human body; (b) the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of theft, robbery, mischief or criminal trespass, or which is an attempt to commit theft, robbery, mischief or criminal trespass. 36. Right of private defence against act of a person of unsound mind, etc.— When an act, which would otherwise be a certain offence, is not that offence, by reason of the youth, the want of maturity of understanding, the unsoundness of mind or the intoxication of the person doing that act, or by reason of any misconception on the part of that person, every person has the same right of private defence against that act which he would have if the act were that offence. Illustrations. (a) Z, a person of unsound mind, attempts to kill A; Z is guilty of no offence. But A has the same right of private defence which he would have if Z were sane. (b) A enters by night a house which he is legally entitled to enter. Z, in good faith, taking A for a house-breaker, attacks A. Here Z, by attacking A under this misconception, commits no offence. But A has the same right of private defence against Z, which he would have if Z were not acting under that misconception. 37. Acts against which there is no right of private defence.— (1) There is no right of private defence, — (a) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by a public servant acting in good faith under colour of his office, though that act, may not be strictly justifiable by law; (b) against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done, by the direction of a public servant acting in good faith under colour of his office, though that direction may not be strictly justifiable by law; (c) in cases in which there is time to have recourse to the protection of the public authorities. (2) The right of private defence in no case extends to the inflicting of more harm than it is necessary to inflict for the purpose of defence. Explanation 1 . — A person is not deprived of the right of private defence against an act done, orattempted to be done, by a public servant, as such, unless he knows or has reason to believe, that the person doing the act is such public servant. Explanation 2 . — A person is not deprived of the right of private defence against an act done, or attempted to be done, by the direction of a public servant, unless he knows, or has reason to believe, that the person doing the act is acting by such direction, or unless such person states the authority under which he acts, or if he has authority in writing, unless he produces such authority, if demanded. 38. When right of private defence of body extends to causing death.— The right of private defence of the body extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely: — (a) such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault; (b) such an assault as may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such assault; (c) an assault with the intention of committing rape; (d) an assault with the intention of gratifying unnatural lust; (e) an assault with the intention of kidnapping or abducting; (f) an assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release; (g) an act of throwing or administering acid or an attempt to throw or administer acid which may reasonably cause the apprehension that grievous hurt will otherwise be the consequence of such act. 39. When such right extends to causing any harm other than death.— If the offence be not of any of the descriptions specified in section 38, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restrictions specified in section 37, to the voluntary causing to the assailant of any harm other than death. 40. Commencement and continuance of right of private defence of body.— The right of private defence of the body commences as soon as a reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence though the offence may not have been committed; and it continues as long as such apprehension of danger to the body continues. 41. When right of private defence of property extends to causing death .—The right of private defence of property extends, under the restrictions specified in section 37, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafterenumerated, namely: — (a) robbery; (b) house-breaking after sunset and before sunrise; (c) mischief by fire or any explosive substance committed on any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or as a place for the custody of property; (d) theft, mischief, or house-trespass, under such circumstances as may reasonably cause apprehension that death or grievous hurt will be the consequence, if such right of private defence is not exercised. 42. When such right extends to causing any harm other than death.— If the offence, the committing of which, or the attempting to commit which occasions the exercise of the right of private defence, be theft, mischief, or criminal trespass, not of any of the descriptions specified in section 41, that right does not extend to the voluntary causing of death, but does extend, subject to the restrictions specified in section 37, to the voluntary causing to the wrong-doer of any harm other than death. 43. Commencement and continuance of right of private defence of property.— The right of private defence of property, — (a) commences when a reasonable apprehension of danger to the property commences; (b) against theft continues till the offender has effected his retreat with the property or either the assistance of the public authorities is obtained, or the property has been recovered; (c) against robbery continues as long as the offender causes or attempts to cause to any person death or hurt or wrongful restraint or as long as the fear of instant death or of instant hurt or of instant personal restraint continues; (d) against criminal trespass or mischief continues as long as the offender continues in the commission of criminal trespass or mischief; (e) against house-breaking after sunset and before sunrise continues as long as the house-trespass which has been begun by such house-breaking continues. 44. Right of private defence against deadly assault when there is risk of harm to innocent  person.— If in the exercise of the right of private defence against an assault which reasonably causes the apprehension of death, the defender be so situated that he cannot effectually exercise that right without risk of harm to an innocent person, his right of private defence extends to the running of that risk. Illustration . A is attacked by a mob who attempt to murder him. He cannot effectually exercise his right of private defence without firing on the mob, and he cannot fire without risk of harming young children who are mingled with the mob. A commits no offence if by so firing he harms any of the children. CHAPTER IV:  OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPY - OF  ABETMENT 45. Abetment of a thing.— A person abets the doing of a thing, who — (a) instigates any person to do that thing; or (b) engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or (c) intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1 . — A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. Illustration. A, a public officer, is authorised by a warrant from a Court to apprehend Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. Here B abets by instigation the apprehension of C. Explanation 2 . — Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 46. Abettor.— A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor. Explanation 1 . — The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2 . — To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused. Illustrations. (a) A instigates B to murder C. B refuses to do so. A is guilty of abetting B to commit murder. (b) A instigates B to murder D. B in pursuance of the instigation stabs D. D recovers from the wound. A is guilty of instigating B to commit murder. Explanation 3 . — It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. Illustrations. (a) A, with a guilty intention, abets a child or a person of unsound mind to commit an act which would be an offence, if committed by a person capable by law of committing an offence, and having the same intention as A. Here A, whether the act be committed or not, is guilty of abetting an offence. (b) A, with the intention of murdering Z, instigates B, a child under seven years of age, to do an act which causes Z’s death. B, in consequence of the abetment, does the act in the absence of A and thereby causes Z’s death. Here, though B was not capable by law of committing an offence, A is liable to be punished in the same manner as if B had been capable by law of committing an offence, and had committed murder, and he is therefore subject to the punishment of death. (c) A instigates B to set fire to a dwelling-house. B, in consequence of his unsoundness of mind, being incapable of knowing the nature of the act, or that he is doing what is wrong or contrary to law, sets fire to the house in consequence of A’s instigation. B has committed no offence, but A is guilty of abetting the offence of setting fire to a dwelling-house, and is liable to the punishment provided for that offence. (d) A, intending to cause a theft to be committed, instigates B to take property belonging to Z out of Z’s possession. A induces B to believe that the property belongs to A. B takes the property out of Z’s possession, in good faith, believing it to be A’s property. B, acting under this misconception, does not take dishonestly, and therefore does not commit theft. But A is guilty of abetting theft, and is liable to the same punishment as if B had committed theft. Explanation 4 . — The abetment of an offence being an offence, the abetment of such an abetment is also an offence. Illustration. A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation. B is liable to be punished for his offence with the punishment for murder; and, as A instigated B to commit the offence, A is also liable to the same punishment. Explanation 5.— It is not necessary to the commission of the offence of abetment by conspiracy that the abettor should concert the offence with the person who commits it. It is sufficient if he engages in the conspiracy in pursuance of which the offence is committed. Illustration. A concerts with B a plan for poisoning Z. It is agreed that A shall administer the poison. B then explains the plan to C mentioning that a third person is to administer the poison, but without mentioning A’s name. C agrees to procure the poison, and procures and delivers it to B for the purpose of its being used in the manner explained. A administers the poison; Z dies in consequence. Here, though A and C have not conspired together, yet C has been engaged in the conspiracy in pursuance of which Z has been murdered. C has therefore committed the offence defined in this section and is liable to the punishment for murder. 47. Abetment in India of offences outside India.— A person abets an offence within the meaning of this Sanhita who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India. Illustration . A, in India, instigates B, a foreigner in country X, to commit a murder in that country, A is guilty of abetting murder.  48. Abetment outside India for offence in India.— A person abets an offence within the meaning of this Sanhita who, without and beyond India, abets the commission of any act in India which would constitute an offence if committed in India. Illustration . A, in country X, instigates B, to commit a murder in India, A is guilty of abetting murder. 49. Punishment of abetment if act abetted is committed in consequence and where no express  provision is made for its punishment.— Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision is made by this Sanhita for the punishment of such abetment, be punished with the punishment provided for the offence. Explanation . — An act or offence is said to be committed in consequence of abetment, when it iscommitted in consequence of the instigation, or in pursuance of the conspiracy, or with the aid which constitutes the abetment. Illustrations. (a) A instigates B to give false evidence. B, in consequence of the instigation, commits that offence. A is guilty of abetting that offence, and is liable to the same punishment as B. (b) A and B conspire to poison Z. A, in pursuance of the conspiracy, procures the poison and delivers it to B in order that he may administer it to Z. B, in pursuance of the conspiracy, administers the poison to Z in A’s absence and thereby causes Z’s death. Here B is guilty of murder. A is guilty of abetting that offence by conspiracy, and is liable to the punishment for murder. 50. Punishment of abetment if person abetted does act with different intention from that of  abettor.— Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. 51. Liability of abettor when one act abetted and different act done.— When an act is abetted and a different act is done, the abettor is liable for the act done, in the same manner and to the same extent as if he had directly abetted it: Provided that the act done was a probable consequence of the abetment, and was committed under the influence of the instigation, or with the aid or in pursuance of the conspiracy which constituted the abetment. Illustrations. (a) A instigates a child to put poison into the food of Z, and gives him poison for that purpose. The child, in consequence of the instigation, by mistake puts the poison into the food of Y, which is by the side of that of Z. Here, if the child was acting under the influence of A’s instigation, and the act done was under the circumstances a probable consequence of the abetment, A is liable in the same manner and to the same extent as if he had instigated the child to put the poison into the food of Y. (b) A instigates B to burn Z’s house, B sets fire to the house and at the same time commits theft of property there. A, though guilty of abetting the burning of the house, is not guilty of abetting the theft; for the theft was a distinct act, and not a probable consequence of the burning. (c) A instigates B and C to break into an inhabited house at midnight for the purpose of robbery, and provides them with arms for that purpose. B and C break into the house, and being resisted by Z, one of the inmates, murder Z. Here, if that murder was the probable consequence of the abetment, A is liable to the punishment provided for murder. 52. Abettor when liable to cumulative punishment for act abetted and for act done .—If the act for which the abettor is liable under section 51 is committed in addition to the act abetted, and constitute a distinct offence, the abettor is liable to punishment for each of the offences. Illustration . A instigates B to resist by force a distress made by a public servant. B, in consequence, resists that distress. In offering the resistance, B voluntarily causes grievous hurt to the officer executing the distress. As B has committed both the offence of resisting the distress, and the offence of voluntarily causing grievous hurt, B is liable to punishment for both these offences; and, if A knew that B was likely voluntarily to cause grievous hurt in resisting the distress, A will also be liable to punishment for each of the offences. 53. Liability of abettor for an effect caused by act abetted different from that intended by  abettor.— When an act is abetted with the intention on the part of the abettor of causing a particular effect, and an act for which the abettor is liable in consequence of the abetment, causes a different effect from that intended by the abettor, the abettor is liable for the effect caused, in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. Illustration . A instigates B to cause grievous hurt to Z. B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder. 54. Abettor present when offence is committed.— Whenever any person, who is absent would be liable to be punished as an abettor, is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 55. Abetment of offence punishable with death or imprisonment for life.— Whoever abets the commission of an offence punishable with death or imprisonment for life, shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if any act for which the abettor is liable in consequence of the abetment, and which causes hurt to any person, is done, the abettor shall be liable to imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. Illustration . A instigates B to murder Z. The offence is not committed. If B had murdered Z, he would have been subject to the punishment of death or imprisonment for life. Therefore, A is liable to imprisonment for a term which may extend to seven years and also to a fine; and if any hurt be done to Z in consequence of 31 the abetment, he will be liable to imprisonment for a term which may extend to fourteen years, and to fine. 56. Abetment of offence punishable with imprisonment.— Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made under this Sanhita for the punishment of such abetment, be punished with imprisonment of any description provided for that offence for a term which may extend to one-fourth part of the longest term provided for that offence; or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment of any description provided for that offence, for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations . (a) A instigates B to give false evidence. Here, if B does not give false evidence, A has neverthelesscommitted the offence defined in this section, and is punishable accordingly. (b) A, a police officer, whose duty it is to prevent robbery, abets the commission of robbery. Here, though the robbery be not committed, A is liable to one-half of the longest term of imprisonment provided for that offence, and also to fine. (c) B abets the commission of a robbery by A, a police officer, whose duty it is to prevent that offence. Here, though the robbery be not committed, B is liable to one-half of the longest term of imprisonment provided for the offence of robbery, and also to fine. 57. Abetting commission of offence by public or by more than ten persons.— Whoever abets the commission of an offence by the public generally or by any number or class of persons exceeding ten, shall be punished with imprisonment of either description for a term which may extend to seven yearsand with fine. Illustration . A affixes in a public place a placard instigating a sect consisting of more than ten members to meet at a certain time and place, for the purpose of attacking the members of an adverse sect, while engaged in a procession. A has committed the offence defined in this section. 58. Concealing design to commit offence punishable with death or imprisonment for life.—  Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life, voluntarily conceals by any act or omission, or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence or makes any representation which he knows to be false respecting such design shall, — (a) if that offence be committed, be punished with imprisonment of either description for a term which may extend to seven years; or (b) if the offence be not committed, with imprisonment of either description, for a term which may extend to three years, and shall also be liable to fine. Illustration . A, knowing that dacoity is about to be committed at B, falsely informs the Magistrate that a dacoity is about to be committed at C, a place in an opposite direction, and thereby misleads the Magistrate with intent to facilitate the commission of the offence. The dacoity is committed at B in pursuance of the design. A is punishable under this section. 59. Public servant concealing design to commit offence which it is his duty to prevent.— Whoever, being a public servant, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is his duty as such public servant to prevent, voluntarily conceals, by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall, — (a) if the offence be committed, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of such imprisonment, or with such fine as is provided for that offence, or with both; or (b) if the offence be punishable with death or imprisonment for life, with imprisonment of either description for a term which may extend to ten years; or (c) if the offence be not committed, shall be punished with imprisonment of any description provided for the offence for a term which may extend to one-fourth part of the longest term of such imprisonment or with such fine as is provided for the offence, or with both. Illustration . A, an officer of police, being legally bound to give information of all designs to commit robbery which may come to his knowledge, and knowing that B designs to commit robbery, omits to give such information, with intent to so facilitate the commission of that offence. Here A has by an illegal omission concealed the existence of B’s design, and is liable to punishment according to the provision of this section. 60. Concealing design to commit offence punishable with imprisonment.— Whoever, intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with imprisonment, voluntarily conceals, by any act or illegal omission, the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design shall, — (a) if the offence be committed, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth; and (b) if the offence be not committed, to one-eighth, of the longest term of such imprisonment, or with such fine as is provided for the offence, or with both. Of criminal conspiracy 61. Criminal conspiracy.— (1) When two or more persons agree with the common object to do, or cause to be done — (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy: Provided that no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation . — It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. (2) Whoever is a party to a criminal conspiracy, — (a) to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no express provision is made in this Sanhita for the punishment of such a conspiracy, be punished in the same manner as if he had abetted such offence; (b) other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine or with both. Of attempt 62. Punishment for attempting to commit offences punishable with imprisonment for life or  other imprisonment.— Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both. Illustrations. (a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section. (b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section. CHAPTER V: OF OFFENCES AGAINST WOMAN AND CHILD  Of sexual offences 63. Rape.— A man is said to commit “rape” if he — (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or (b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or (c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person; or (d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him orany other person, under the circumstances falling under any of the following seven descriptions: — (i) against her will; (ii) without her consent; (iii) with her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt; (iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married; (v) with her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent; (vi) with or without her consent, when she is under eighteen years of age; (vii) when she is unable to communicate consent. Explanation 1. — For the purposes of this section, “vagina” shall also include labia majora. Explanation 2 . — Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act: Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity. Exception 1 . — A medical procedure or intervention shall not constitute rape. Exception 2 . — Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. 64. Punishment for rape.— (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever, — (a) being a police officer, commits rape, — (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or (b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or (c) being a member of the armed forces deployed in an area by the Central Government or a State Government commits rape in such area; or (d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or (e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or (f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or (g) commits rape during communal or sectarian violence; or (h) commits rape on a woman knowing her to be pregnant; or (i) commits rape, on a woman incapable of giving consent; or (j) being in a position of control or dominance over a woman, commits rape on such woman; or (k) commits rape on a woman suffering from mental or physical disability; or (l) while committing rape causes grievous bodily harm or maims or disfigures or endangers the life of a woman; or (m) commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. Explanation. — For the purposes of this sub-section, — (a) “armed forces” means the naval, army and air forces and includes any member of the Armed Forces constituted under any law for the time being in force, including the paramilitary forces and any auxiliary forces that are under the control of the Central Government or the State Government; (b) “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation; (c) “police officer” shall have the same meaning as assigned to the expression “police” under the Police Act, 1861 (5 of 1861); (d) “women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected women or children or a widow’s home or an institution called by any other name, which is established and maintained for the reception and care of women or children. 65. Punishment for rape in certain cases.— (1) Whoever, commits rape on a woman under sixteen years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. (2) Whoever, commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. 66. Punishment for causing death or resulting in persistent vegetative state of victim.—  Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death. 67. Sexual intercourse by husband upon his wife during separation.— Whoever has sexual intercourse with his own wife, who is living separately, whether under a decree of separation or otherwise, without her consent, shall be punished with imprisonment of either description for a term which shall not be less than two years but which may extend to seven years, and shall also be liable to fine. Explanation .—In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 63. 68. Sexual intercourse by a person in authority.— Whoever, being — (a) in a position of authority or in a fiduciary relationship; or (b) a public servant; or (c) superintendent or manager of a jail, remand home or other place of custody established by or under any law for the time being in force, or a women’s or children’s institution; or (d) on the management of a hospital or being on the staff of a hospital, abuses such position or fiduciary relationship to induce or seduce any woman either in his custody or under his charge or present in the premises to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. Explanation 1 . — In this section, “sexual intercourse” shall mean any of the acts mentioned in clauses (a) to (d) of section 63. Explanation 2 . — For the purposes of this section, Explanation 1 to section 63 shall also be applicable. Explanation 3 . — “Superintendent”, in relation to a jail, remand home or other place of custody or a women’s or children’s institution, includes a person holding any other office in such jail, remand home, place or institution by virtue of which such person can exercise any authority or control over its inmates. Explanation 4 . — The expressions “hospital” and “women’s or children’s institution” shall respectively have the same meanings as in clauses (b) and (d) of the Explanation to sub-section (2) of section 64. 69. Sexual intercourse by employing deceitful means, etc.— Whoever, by deceitful means or by making promise to marry to a woman without any intention of fulfilling the same, has sexual intercourse with her, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine. Explanation .—“deceitful means” shall include inducement for, or false promise of employment or promotion, or marrying by suppressing identity. 70. Gang rape.— (1) Where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. (2) Where a woman under eighteen years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and with fine, or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. 71. Punishment for repeat offenders.— Whoever has been previously convicted of an offence punishable under section 64 or section 65 or section 66 or section 70 and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death. 72. Disclosure of identity of victim of certain offences, etc.— (1) Whoever prints or publishes the name or any matter which may make known the identity of any person against whom an offence under section 64 or section 65 or section 66 or section 67 or section 68 or section 69 or section 70 or section 71 is alleged or found to have been committed (hereafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. (2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which may make known the identity of the victim if such printing or publication is — (a) by or under the order in writing of the officer-in-charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation; or (b) by, or with the authorisation in writing of, the victim; or (c) where the victim is dead or a child or of unsound mind, by, or with the authorisation in writing of, the next of kin of the victim: Provided that no such authorisation shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name called, of any recognised welfare institution or organisation. Explanation . — For the purposes of this sub-section, “recognised welfare institution or organisation” means a social welfare institution or organisation recognised in this behalf by the Central Government or the State Government. 73. Printing or publishing any matter relating to Court proceedings without permission.— Whoever prints or publishes any matter in relation to any proceeding before a Court with respect to an offence referred to in section 72 without the previous permission of such Court shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Explanation .—The printing or publication of the judgment of any High Court or the Supreme Court does not amount to an offence within the meaning of this section. Of criminal force and assault against woman 74. Assault or use of criminal force to woman with intent to outrage her modesty.— Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine. 75. Sexual harassment .— (1) A man committing any of the following acts: — (i) physical contact and advances involving unwelcome and explicit sexual overtures; or (ii) a demand or request for sexual favours; or (iii) showing pornography against the will of a woman; or (iv) making sexually coloured remarks, shall be guilty of the offence of sexual harassment. (2) Any man who commits the offence specified in clause (i) or clause (ii) or clause (iii) of sub-section (1) shall be punished with rigorous imprisonment for a term which may extend to three years, or with fine, or with both. (3) Any man who commits the offence specified in clause (iv) of sub-section (1) shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 76. Assault or use of criminal force to woman with intent to disrobe.— Whoever assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to seven years, and shall also be liable to fine. 77. Voyeurism.— Whoever watches, or captures the image of a woman engaging in a private act in circumstances where she would usually have the expectation of not being observed either by the perpetrator or by any other person at the behest of the perpetrator or disseminates such image shall be punished on first conviction with imprisonment of either description for a term which shall not be less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either description for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Explanation 1 . — For the purposes of this section, “private act” includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy and where the victim’s genitals, posterior or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the victim is doing a sexual act that is not of a kind ordinarily done in public. Explanation 2 . — Where the victim consents to the capture of the images or any act, but not to their dissemination to third persons and where such image or act is disseminated, such dissemination shall be considered an offence under this section. 78. Stalking.— (1) Any man who — (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or (ii) monitors the use by a woman of the internet, e-mail or any other form of electronic communication, commits the offence of stalking: Provided that such conduct shall not amount to stalking if the man who pursued it proves that — (i) it was pursued for the purpose of preventing or detecting crime and the man accused ofstalking had been entrusted with the responsibility of prevention and detection of crime by the State; or (ii) it was pursued under any law or to comply with any condition or requirement imposed by any person under any law; or (iii) in the particular circumstances such conduct was reasonable and justified. (2) Whoever commits the offence of stalking shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 79. Word, gesture or act intended to insult modesty of a woman.— Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine. Of offences relating to marriage 80. Dowry death.— (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called “dowry death”, and such husband or relative shall be deemed to have caused her death. Explanation . — For the purposes of this sub-section, “dowry” shall have the same meaning as in section 2 of the Dowry Prohibition Act, 1961 (28 of 1961). (2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life. 81. Cohabitation caused by man deceitfully inducing belief of lawful marriage.— Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 82. Marrying again during lifetime of husband or wife.— (1) Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which mayextend to seven years, and shall also be liable to fine. Exception . — This sub-section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge. (2) Whoever commits the offence under sub-section (1) having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 83. Marriage ceremony fraudulently gone through without lawful marriage.— Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 84. Enticing or taking away or detaining with criminal intent a married woman.— Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 85. Husband or relative of husband of a woman subjecting her to cruelty.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 86. Cruelty defined.— For the purposes of section 85, “cruelty” means — (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 87. Kidnapping, abducting or inducing woman to compel her marriage, etc.— Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and whoever, by means of criminal intimidation as defined in this Sanhita or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid. Of causing miscarriage, etc. 88. Causing miscarriage.— Whoever voluntarily causes a woman with child to miscarry, shall, if such miscarriage be not caused in good faith for the purpose of saving the life of the woman, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if the woman be quick with child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation . — A woman who causes herself to miscarry, is within the meaning of this section. 89. Causing miscarriage without woman’s consent.— Whoever commits the offence under section 88 without the consent of the woman, whether the woman is quick with child or not, shall be 40 punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 90. Death caused by act done with intent to cause miscarriage.— (1) Whoever, with intent to cause the miscarriage of a woman with child, does any act which causes the death of such woman, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Where the act referred to in sub-section (1) is done without the consent of the woman, shall be punishable either with imprisonment for life, or with the punishment specified in said sub-section. Explanation . — It is not essential to this offence that the offender should know that the act is likely tocause death. 91. Act done with intent to prevent child being born alive or to cause to die after birth.—  Whoever before the birth of any child does any act with the intention of thereby preventing that child from being born alive or causing it to die after its birth, and does by such act prevent that child from being born alive, or causes it to die after its birth, shall, if such act be not caused in good faith for the purpose of saving the life of the mother, be punished with imprisonment of either description for a term which may extend to ten years, or with fine, or with both. 92. Causing death of quick unborn child by act amounting to culpable homicide.— Whoever does any act under such circumstances, that if he thereby caused death he would be guilty of culpable homicide, and does by such act cause the death of a quick unborn child, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Illustration. A, knowing that he is likely to cause the death of a pregnant woman, does an act which, if it caused the death of the woman, would amount to culpable homicide. The woman is injured, but does not die; but the death of an unborn quick child with which she is pregnant is thereby caused. A is guilty of the offence defined in this section. Of offences against child 93. Exposure and abandonment of child under twelve years of age, by parent or person having care of it.— Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation . — This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure. 94. Concealment of birth by secret disposal of dead body.— Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child die before or after or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 95. Hiring, employing or engaging a child to commit an offence.— Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself. Explanation . — Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section. 96. Procuration of child.— Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that such child will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine. 97. Kidnapping or abducting child under ten years of age with intent to steal from its person.— Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 98. Selling child for purposes of prostitution, etc.— Whoever sells, lets to hire, or otherwise disposes of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation 1 . — When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. Explanation 2 . — For the purposes of this section “illicit intercourse” means sexual intercourse between persons not united by marriage or by any union or tie which, though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong or, where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation. 99. Buying child for purposes of prostitution, etc.— Whoever buys, hires or otherwise obtains possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to fourteen years, and shall also be liable to fine. Explanation 1 . — Any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used forthe purpose of prostitution. Explanation 2 . — “Illicit intercourse” has the same meaning as in section 98. CHAPTER VI: OF OFFENCES AFFECTING THE HUMAN BODY Of offences affecting life 100. Culpable homicide.— Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. Illustrations. (a) A lays sticks and turf over a pit, with the intention of thereby causing death, or with the knowledge that death is likely to be thereby caused. Z, believing the ground to be firm, treads on it, falls in and is killed. A has committed the offence of culpable homicide. (b) A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause Z’s death, induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence; but A has committed the offence of culpable homicide. (c) A, by shooting at a fowl with intent to kill and steal it, kills B, who is behind a bush; A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpablenhomicide, as he did not intend to kill B, or to cause death by doing an act that he knew was likely to cause death. Explanation 1 . — A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity, and thereby accelerates the death of that other, shall be deemed to have caused his death. Explanation 2 . — Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented. Explanation 3 . — The causing of the death of a child in the mother’s womb is not homicide. But it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. 101. Murder.— Except in the cases hereinafter excepted, culpable homicide is murder, — (a) if the act by which the death is caused is done with the intention of causing death; or (b) if the act by which the death is caused is done with the intention of causing such bodily injury as the offender knows to be likely to cause the death of the person to whom the harm is caused; or (c) if the act by which the death is caused is done with the intention of causing bodily injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary course of nature to cause death; or (d) if the person committing the act by which the death is caused, knows that it is so imminently dangerous that it must, in all probability, cause death, or such bodily injury as is likely to cause death, and commits such act without any excuse for incurring the risk of causing death or such injury as aforesaid. Illustrations . (a) A shoots Z with the intention of killing him. Z dies in consequence. A commits murder. (b) A, knowing that Z is labouring under such a disease that a blow is likely to cause his death, strikes him with the intention of causing bodily injury. Z dies in consequence of the blow. A is guilty of murder, although the blow might not have been sufficient in the ordinary course of nature to cause the death of a person in a sound state of health. But if A, not knowing that Z is labouring under any disease, gives him such a blow as would not in the ordinary course of nature kill a person in a sound state of health, here A, although he may intend to cause bodily injury, is not guilty of murder, if he did not intend to cause death, or such bodily injury as in the ordinary course of nature would cause death. (c) A intentionally gives Z a sword-cut or club-wound sufficient to cause the death of a man in the ordinary course of nature. Z dies in consequence. Here A is guilty of murder, although he may not have intended to cause Z’s death. (d) A without any excuse fires a loaded cannon into a crowd of persons and kills one of them. A is guilty of murder, although he may not have had a premeditated design to kill any particular individual. Exception 1 . — Culpable homicide is not murder if the offender, whilst deprived of the power of self-control by grave and sudden provocation, causes the death of the person who gave the provocation or causes the death of any other person by mistake or accident: Provided that the provocation is not, — (a) sought or voluntarily provoked by the offender as an excuse for killing or doing harm to any person; (b) given by anything done in obedience to the law, or by a public servant in the lawful exercise of the powers of such public servant; (c) given by anything done in the lawful exercise of the right of private defence. Explanation. — Whether the provocation was grave and sudden enough to prevent the offence from amounting to murder is a question of fact. Illustrations. (a) A, under the influence of passion excited by a provocation given by Z, intentionally kills Y, Z’s child. This is murder, in as much as the provocation was not given by the child, and the death of the child was not caused by accident or misfortune in doing an act caused by the provocation. (b) Y gives grave and sudden provocation to A. A, on this provocation, fires a pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. A kills Z. Here A has not committed murder, but merely culpable homicide. (c) A is lawfully arrested by Z, a bailiff. A is excited to sudden and violent passion by the arrest, and kills Z. This is murder, in as much as the provocation was given by a thing done by a public servant in the exercise of his powers. (d) A appears as a witness before Z, a Magistrate. Z says that he does not believe a word of A’s deposition, and that A has perjured himself. A is moved to sudden passion by these words, and kills Z. This is murder. (e) A attempts to pull Z’s nose. Z, in the exercise of the right of private defence, lays hold of A to prevent him from doing so. A is moved to sudden and violent passion in consequence, and kills Z. This is murder, in as much as the provocation was giving by a thing done in the exercise of the right of private defence. (f) Z strikes B. B is by this provocation excited to violent rage. A, a bystander, intending to take advantage of B’s rage, and to cause him to kill Z, puts a knife into B’s hand for that purpose. B kills Z with the knife. Here B may have committed only culpable homicide, but A is guilty of murder. Exception 2 .—Culpable homicide is not murder if the offender in the exercise in good faith of the right of private defence of person or property, exceeds the power given to him by law and causes the death of the person against whom he is exercising such right of defence without premeditation, and without any intention of doing more harm than is necessary for the purpose of such defence. Illustration. Z attempts to horsewhip A, not in such a manner as to cause grievous hurt to A. A draws out a pistol. Z persists in the assault. A believing in good faith that he can by no other means prevent himself from being horsewhipped, shoots Z dead. A has not committed murder, but only culpable homicide. Exception 3 .—Culpable homicide is not murder if the offender, being a public servant or aiding a public servant acting for the advancement of public justice, exceeds the powers given to him by law, and causes death by doing an act which he, in good faith, believes to be lawful and necessary for the due discharge of his duty as such public servant and without ill-will towards the person whose death is caused. Exception 4 .—Culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender’s having taken undue advantage or acted in a cruel or unusual manner. Explanation .—It is immaterial in such cases which party offers the provocation or commits the first assault. Exception 5 .—Culpable homicide is not murder when the person whose death is caused, being above the age of eighteen years, suffers death or takes the risk of death with his own consent. Illustration. A, by instigation, voluntarily causes Z, a child to commit suicide. Here, on account of Z’s youth, he was incapable of giving consent to his own death; A has therefore abetted murder. 102. Culpable homicide by causing death of person other than person whose death was  intended .—If a person, by doing anything which he intends or knows to be likely to cause death, commits culpable homicide by causing the death of any person, whose death he neither intends nor knows himself to be likely to cause, the culpable homicide committed by the offender is of the description of which it would have been if he had caused the death of the person whose death he intended or knew himself to be likely to cause. 103. Punishment for murder.— (1) Whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine. 104. Punishment for murder by life-convict.— Whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life. 105. Punishment for culpable homicide not amounting to murder.— Whoever commits culpable homicide not amounting to murder, shall be punished with imprisonment for life, or imprisonment of either description for a term which shall not be less than five years but which may extend to ten years, and shall also be liable to fine, if the act by which the death is caused is done with the intention of causing death, or of causing such bodily injury as is likely to cause death; or with imprisonment of either description for a term which may extend to ten years and with fine, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. 106. Causing death by negligence.— (1) Whoever causes death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and if such act is done by a registered medical practitioner while performing medical procedure, he shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. Explanation . — For the purposes of this sub-section, “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name has been entered in the National Medical Register or a State Medical Register under that Act. (2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of a term which may extend to ten years, and shall also be liable to fine. 107. Abetment of suicide of child or person of unsound mind.— If any child, any person of unsound mind, any delirious person or any person in a state of intoxication, commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine. 108. Abetment of suicide.— If any person commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 109. Attempt to murder.— (1) Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned. (2) When any person offending under sub-section (1) is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life. Illustrations . (a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section. (b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue. (c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the latter part of sub-section (1). (d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section. 110. Attempt to commit culpable homicide.— Whoever does any act with such intention or knowledge and under such circumstances that, if he by that act caused death, he would be guilty of culpable homicide not amounting to murder, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and, if hurt is caused to any person by such act, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Illustration A, on grave and sudden provocation, fires a pistol at Z, under such circumstances that if he thereby caused death, he would be guilty of culpable homicide not amounting to murder. A has committed the offence defined in this section. 111. Organised crime.— (1) Any continuing unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking for prostitution or ransom, by any person or a group of persons acting in concert, singly or jointly, either as a member of an organised crime syndicate or on behalf of such syndicate, by use of violence, threat of violence, intimidation, coercion, or by any other unlawful means to obtain direct or indirect material benefit including a financial benefit, shall constitute organised crime. Explanation. — For the purposes of this sub-section, — (i) “organised crime syndicate” means a group of two or more persons who, acting either singly or jointly, as a syndicate or gang indulge in any continuing unlawful activity; (ii) “continuing unlawful activity” means an activity prohibited by law which is a cognizable offence punishable with imprisonment of three years or more, undertaken by any person, either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent Court within the preceding period of ten years and that Court has taken cognizance of such offence, and includes economic offence; (iii) “economic offence” includes criminal breach of trust, forgery, counterfeiting of currency- notes, bank-notes and Government stamps, hawala transaction, mass-marketing fraud or running any scheme to defraud several persons or doing any act in any manner with a view to defraud any bank or financial institution or any other institution or organisation for obtaining monetary benefits in any form. (2) Whoever commits organised crime shall, — (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine which shall not be less than ten lakh rupees; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (3) Whoever abets, attempts, conspires or knowingly facilitates the commission of an organised crime, or otherwise engages in any act preparatory to an organised crime, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (4) Any person who is a member of an organised crime syndicate shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees. (5) Whoever, intentionally, harbours or conceals any person who has committed the offence of an organised crime shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine which shall not be less than five lakh rupees: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (6) Whoever possesses any property derived or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than two lakh rupees. (7) If any person on behalf of a member of an organised crime syndicate is, or at any time has been in possession of movable or immovable property which he cannot satisfactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for ten years and shall also be liable to fine which shall not be less than one lakh rupees. 112. Petty organised crime.— (1) Whoever, being a member of a group or gang, either singly or jointly, commits any act of theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, selling of public examination question papers or any other similar criminal act, is said to commit petty organised crime. Explanation . — For the purposes of this sub-section “theft” includes trick theft, theft from vehicle, dwelling house or business premises, cargo theft, pick pocketing, theft through card skimming, shoplifting and theft of Automated Teller Machine. (2) Whoever commits any petty organised crime shall be punished with imprisonment for a term which shall not be less than one year but which may extend to seven years, and shall also be liable to fine. 113. Terrorist act.— (1) Whoever does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country, — (a) by using bombs, dynamite or other explosive substance or inflammable substance or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substance (whether biological, radioactive, nuclear or otherwise) of a hazardous nature or by any other means of whatever nature to cause or likely to cause, — (i) death of, or injury to, any person or persons; or (ii) loss of, or damage to, or destruction of, property; or (iii) disruption of any supplies or services essential to the life of the community in India or in any foreign country; or (iv) damage to, the monetary stability of India by way of production or smuggling or circulation of counterfeit Indian paper currency, coin or of any other material; or (v) damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies; or (b) overawes by means of criminal force or the show of criminal force or attempts to do so or causes death of any public functionary or attempts to cause death of any public functionary; or (c) detains, kidnaps or abducts any person and threatening to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or an international or inter-governmental organisation or any other person to do or abstain from doing any act, commit a terrorist act. Explanation . — For the purpose of this sub-section, — (a) “public functionary” means the constitutional authorities or any other functionary notified in the Official Gazette by the Central Government as public functionary; (b) “counterfeit Indian currency” means the counterfeit currency as may be declared after examination by an authorised or notified forensic authority that such currency imitates or compromises with the key security features of Indian currency. (2) Whoever commits a terrorist act shall, — (a) if such offence has resulted in the death of any person, be punished with death or imprisonment for life, and shall also be liable to fine; (b) in any other case, be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Whoever organises or causes to be organised any camp or camps for imparting training in terrorist act, or recruits or causes to be recruited any person or persons for commission of a terrorist act, shall be punished with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine. (5) Any person who is a member of an organisation which is involved in terrorist act, shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. (6) Whoever voluntarily harbours or conceals, or attempts to harbour or conceal any person knowing that such person has committed a terrorist act shall be punished with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and shall also be liable to fine: Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (7) Whoever knowingly possesses any property derived or obtained from commission of any terrorist act or acquired through the commission of any terrorist act shall be punished with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine. Explanation . — For the removal of doubts, it is hereby declared that the officer not below the rank of Superintendent of Police shall decide whether to register the case under this section or under the Unlawful Activities (Prevention) Act, 1967 (37 of 1967). Of hurt 114. Hurt.— Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. 115. Voluntarily causing hurt.— (1) Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said “voluntarily to cause hurt”. (2) Whoever, except in the case provided for by sub-section (1) of section 122 voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both. 116. Grievous hurt.— The following kinds of hurt only are designated as “grievous”, namely: — (a) Emasculation; (b) Permanent privation of the sight of either eye; (c) Permanent privation of the hearing of either ear; (d) Privation of any member or joint; (e) Destruction or permanent impairing of the powers of any member or joint; (f) Permanent disfiguration of the head or face; (g) Fracture or dislocation of a bone or tooth; (h) Any hurt which endangers life or which causes the sufferer to be during the space of fifteen days in severe bodily pain, or unable to follow his ordinary pursuits. 117. Voluntarily causing grievous hurt.— (1) Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said “voluntarily to cause grievous hurt”. Explanation . — A person is not said voluntarily to cause grievous hurt except when he both causes grievous hurt and intends or knows himself to be likely to cause grievous hurt. But he is said voluntarily to cause grievous hurt, if intending or knowing himself to be likely to cause grievous hurt of one kind, he actually causes grievous hurt of another kind. Illustration . A, intending of knowing himself to be likely permanently to disfigure Z’s face, gives Z a blow which does not permanently disfigure Z’s face, but which causes Z to suffer severe bodily pain for the space of fifteen days. A has voluntarily caused grievous hurt. (2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (3) Whoever commits an offence under sub-section (1) and in the course of such commission causes any hurt to a person which causes that person to be in permanent disability or in persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life. (4) When a group of five or more persons acting in concert, causes grievous hurt to a person on the ground of his race, caste or community, sex, place of birth, language, personal belief or any other similar ground, each member of such group shall be guilty of the offence of causing grievous hurt, and shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 118. Voluntarily causing hurt or grievous hurt by dangerous weapons or means.— (1) Whoever, except in the case provided for by sub-section (1) of section 122, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to twenty thousand rupees, or with both. (2) Whoever, except in the case provided for by sub-section (2) of section 122, voluntarily causes grievous hurt by any means referred to in sub-section (1), shall be punished with imprisonment for life, or with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine. 119. Voluntarily causing hurt or grievous hurt to extort property, or to constrain to an illegal  act.— (1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer, or from any person interested in the sufferer, any property or valuable security, or of constraining the sufferer or any person interested in such sufferer to do anything which is illegal or which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 1 20. Voluntarily causing hurt or grievous hurt to extort confession, or to compel restoration of  property.— (1) Whoever voluntarily causes hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer, any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the sufferer or any person interested in the sufferer to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration of any property or valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Illustrations. (a) A, a police officer, tortures Z in order to induce Z to confess that he committed a crime. A is guilty of an offence under this section. (b) A, a police officer, tortures B to induce him to point out where certain stolen property is deposited. A is guilty of an offence under this section. (c) A, a revenue officer, tortures Z in order to compel him to pay certain arrears of revenue due from Z. A is guilty of an offence under this section. (2) Whoever voluntarily causes grievous hurt for any purpose referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 121. Voluntarily causing hurt or grievous hurt to deter public servant from his duty.— (1) Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (2) Whoever voluntarily causes grievous hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to ten years, and shall also be liable to fine. 122. Voluntarily causing hurt or grievous hurt on provocation.— (1) Whoever voluntarily causes hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. (2) Whoever voluntarily causes grievous hurt on grave and sudden provocation, if he neither intends nor knows himself to be likely to cause grievous hurt to any person other than the person who gave the provocation, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to ten thousand rupees, or with both. Explanation . — This section is subject to the same proviso as Exception 1 of section 101. 123. Causing hurt by means of poison, etc., with intent to commit an offence.— Whoever administers to or causes to be taken by any person any poison or any stupefying, intoxicating or unwholesome drug, or other thing with intent to cause hurt to such person, or with intent to commit or to facilitate the commission of an offence or knowing it to be likely that he will thereby cause hurt, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 124. Voluntarily causing grievous hurt by use of acid, etc.— (1) Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine: Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim. (2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine. Explanation 1 . — For the purposes of this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability. Explanation 2 . — For the purposes of this section, permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible. 125. Act endangering life or personal safety of others.— Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but— (a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both. Of wrongful restraint and wrongful confinement 126. Wrongful restraint.— (1) Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. Exception . — The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. Illustration . A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z. (2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. 127. Wrongful confinement.— (1) Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said “wrongfully to confine” that person. Illustrations . (a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from proceeding in any direction beyond the circumscribing line of wall. A wrongfully confines Z. (b) A places men with firearms at the outlets of a building, and tells Z that they will fire at Z if Z attempts to leave the building. A wrongfully confines Z. (2) Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. (3) Whoever wrongfully confines any person for three days, or more, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both. (4) Whoever wrongfully confines any person for ten days or more, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine which shall not be less than ten thousand rupees. (5) Whoever keeps any person in wrongful confinement, knowing that a writ for the liberation of that person has been duly issued, shall be punished with imprisonment of either description for a term which may extend to two years in addition to any term of imprisonment to which he may be liable under any other section of this Chapter and shall also be liable to fine. (6) Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined, or to any public servant, or that the place of such confinement may not be known to or discovered by any such person or public servant as hereinbefore mentioned, shall be punished with imprisonment of either description for a term which may extend to three years in addition to any other punishment to which he may be liable for such wrongful confinement and shall also be liable to fine. (7) Whoever wrongfully confines any person for the purpose of extorting from the person confined, or from any person interested in the person confined, any property or valuable security or of constraining the person confined or any person interested in such person to do anything illegal or to give any information which may facilitate the commission of an offence, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (8) Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct, or for the purpose of constraining the person confined or any person interested in the person confined to restore or to cause the restoration of any property or valuable security or to satisfy any claim or demand, or to give information which may lead to the restoration ofany property or valuable security, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. Of criminal force and assault 128. Force.— A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s body, or with anything which that other is wearing or carrying, or with anything so situated that such contact affectsthat other’s sense of feeling: Provided that the person causing the motion, or change of motion, or cessation of motion, causes that motion, change of motion, or cessation of motion in one of the following three ways, namely: — (a) by his own bodily power; (b) by disposing any substance in such a manner that the motion or change or cessation of motion takes place without any further act on his part, or on the part of any other person; (c) by inducing any animal to move, to change its motion, or to cease to move. 129. Criminal force.— Whoever intentionally uses force to any person, without that person’s consent, in order to the committing of any offence, or intending by the use of such force to cause, or knowing it to be likely that by the use of such force he will cause injury, fear or annoyance to the person to whom the force is used, is said to use criminal force to that other. Illustrations . (a) Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other action on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z. (b) Z is riding in a chariot. A lashes Z’s horses, and thereby causes them to quicken their pace. Here A has caused change of motion to Z by inducing the animals to change their motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z. (c) Z is riding in a palanquin. A, intending to rob Z, seizes the pole and stops the palanquin. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally, without Z’s consent, in order to the commission of an offence. A has used criminal force to Z. (d) A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z; and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z. (e) A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes or something carried by Z. Here, if the throwing of the stone produce the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z, and if he did so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z. (f) A intentionally pulls up a woman’s veil. Here A intentionally uses force to her, and if he does so without her consent intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her. (g) Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force. (h) A incites a dog to spring upon Z, without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z. 130. Assault.— Whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. Explanation. — Mere words do not amount to an assault. But the words which a person uses may give to his gestures or preparation such a meaning as may make those gestures or preparations amount to an assault. Illustrations. (a) A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A is about to strike Z. A has committed an assault. (b) A begins to unloose the muzzle of a ferocious dog, intending or knowing it to be likely that he may thereby cause Z to believe that he is about to cause the dog to attack Z. A has committed an assault upon Z. (c) A takes up a stick, saying to Z, “I will give you a beating”. Here, though the words used by A could in no case amount to an assault, and though the mere gesture, unaccompanied by any other circumstances, might not amount to an assault, the gesture explained by the words may amount to an assault. 131. Punishment for assault or criminal force otherwise than on grave provocation.— Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. Explanation 1.— Grave and sudden provocation will not mitigate the punishment for an offence under this section, — (a) if the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or (b) if the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant; or (c) if the provocation is given by anything done in the lawful exercise of the right of private defence. Explanation 2 .—Whether the provocation was grave and sudden enough to mitigate the offence, is a question of fact. 132. Assault or criminal force to deter public servant from discharge of his duty.— Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 133. Assault or criminal force with intent to dishonour person, otherwise than on grave  provocation.— Whoever assaults or uses criminal force to any person, intending thereby to dishonour that person, otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 134. Assault or criminal force in attempt to commit theft of property carried by a person.—  Whoever assaults or uses criminal force to any person, in attempting to commit theft on any property which that person is then wearing or carrying, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 135. Assault or criminal force in attempt to wrongfully confine a person.— Whoever assaults or uses criminal force to any person, in attempting wrongfully to confine that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. 136. Assault or criminal force on grave provocation.— Whoever assaults or uses criminal force to any person on grave and sudden provocation given by that person, shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. Explanation . — This section is subject to the same Explanation as section 131. Of kidnapping, abduction, slavery and forced labour 137. Kidnapping.— (1) Kidnapping is of two kinds: kidnapping from India, and kidnapping from lawful guardianship — (a) whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person from India; (b) whoever takes or entices any child or any person of unsound mind, out of the keeping of the lawful guardian of such child or person of unsound mind, without the consent of such guardian, is said to kidnap such child or person from lawful guardianship. Explanation. — The words “lawful guardian” in this clause include any person lawfully entrusted with the care or custody of such child or other person. Exception . — This clause does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose. (2) Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 138. Abduction.— Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. 139. Kidnapping or maiming a child for purposes of begging.— (1) Whoever kidnaps any child or, not being the lawful guardian of such child, obtains the custody of the child, in order that such child may be employed or used for the purposes of begging shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (2) Whoever maims any child in order that such child may be employed or used for the purposes of begging shall be punishable with imprisonment which shall not be less than twenty years, but which may extend to life which shall mean imprisonment for the remainder of that person’s natural life, and with fine. (3) Where any person, not being the lawful guardian of a child employs or uses such child for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of such child in order that such child might be employed or used for the purposes of begging. (4) In this section “begging” means— (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune telling, performing tricks or selling articles or otherwise; (ii) entering on any private premises for the purpose of soliciting or receiving alms; (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal; (iv) using such child as an exhibit for the purpose of soliciting or receiving alms. 140. Kidnapping or abducting in order to murder or for ransom, etc.— (1) Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations. (a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section. (b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section. (2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine. (3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 141. Importation of girl or boy from foreign country.— Whoever imports into India from any country outside India any girl under the age of twenty-one years or any boy under the age of eighteen years with intent that girl or boy may be, or knowing it to be likely that girl or boy will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine. 142. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—  Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement. 143. Trafficking of person.— (1) Whoever, for the purpose of exploitation recruits, transports, harbours, transfers, or receives a person or persons, by — (a) using threats; or (b) using force, or any other form of coercion; or (c) by abduction; or (d) by practising fraud, or deception; or (e) by abuse of power; or (f) by inducement, including the giving or receiving of payments or benefits, in order to achieve the consent of any person having control over the person recruited, transported, harboured, transferred or received, commits the offence of trafficking. Explanation 1 .—The expression “exploitation” shall include any act of physical exploitation or any form of sexual exploitation, slavery or practices similar to slavery, servitude, beggary or forced removal of organs. Explanation 2 . — The consent of the victim is immaterial in determination of the offence of trafficking. (2) Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. (3) Where the offence involves the trafficking of more than one person, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life, and shall also be liable to fine. (4) Where the offence involves the trafficking of a child, it shall be punishable with rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine. (5) Where the offence involves the trafficking of more than one child, it shall be punishable with rigorous imprisonment for a term which shall not be less than fourteen years, but which may extend to imprisonment for life, and shall also be liable to fine. (6) If a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. (7) When a public servant or a police officer is involved in the trafficking of any person then, such public servant or police officer shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine. 144. Exploitation of a trafficked person.— (1) Whoever, knowingly or having reason to believe that a child has been trafficked, engages such child for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than five years, but which may extend to ten years, and shall also be liable to fine. (2) Whoever, knowingly or having reason to believe that a person has been trafficked, engages such person for sexual exploitation in any manner, shall be punished with rigorous imprisonment for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. 145. Habitual dealing in slaves.— Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 146. Unlawful compulsory labour.— Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER VII: OF OFFENCES AGAINST THE  STATE  147. Waging, or attempting to wage war, or abetting waging of war, against Government of India.— Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine. Illustration . A joins an insurrection against the Government of India. A has committed the offence defined in this section. 148. Conspiracy to commit offences punishable by section 147.— Whoever within or without and beyond India conspires to commit any of the offences punishable by section 147, or conspires to overawe, by means of criminal force or the show of criminal force, the Central Government or any State Government, shall be punished with imprisonment for life, or with imprisonment of either description which may extend to ten years, and shall also be liable to fine. Explanation. — To constitute a conspiracy under this section, it is not necessary that any act or illegal omission shall take place in pursuance thereof. 149. Collecting arms, etc., with intention of waging war against Government of India.—  Whoever collects men, arms or ammunition or otherwise prepares to wage war with the intention of either waging or being prepared to wage war against the Government of India, shall be punished withimprisonment for life or imprisonment of either description for a term not exceeding ten years, and shallalso be liable to fine. 150. Concealing with intent to facilitate design to wage war.— Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 151. Assaulting President, Governor, etc., with intent to compel or restrain exercise of any  lawful power.— Whoever, with the intention of inducing or compelling the President of India, or Governor of any State, to exercise or refrain from exercising in any manner any of the lawful powers of such President or Governor, assaults or wrongfully restrains, or attempts wrongfully to restrain, or overawes, by means of criminal force or the show of criminal force, or attempts so to overawe, such President or Governor, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 152. Act endangering sovereignty, unity and integrity of India.— Whoever, purposely or knowingly, by words, either spoken or written, or by signs, or by visible representation, or by electronic communication or by use of financial mean, or otherwise, excites or attempts to excite, secession or armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers sovereignty or unity and integrity of India; or indulges in or commits any such act shall be punished with imprisonment for life or with imprisonment which may extend to seven years, and shall also be liable to fine. Explanation. — Comments expressing disapprobation of the measures, or administrative or other action of the Government with a view to obtain their alteration by lawful means without exciting or attempting to excite the activities referred to in this section do not constitute an offence under this section. 153. Waging war against Government of any foreign State at peace with Government of  India .—Whoever wages war against the Government of any foreign State at peace with the Government of India or attempts to wage such war, or abets the waging of such war, shall be punished with imprisonment for life, to which fine may be added, or with imprisonment of either description for a term which may extend to seven years, to which fine may be added, or with fine. 154. Committing depredation on territories of foreign State at peace with Government of  India.— Whoever commits depredation, or makes preparations to commit depredation, on the territories of any foreign State at peace with the Government of India, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of any property used or intended to be used in committing such depredation, or acquired by such depredation. 155. Receiving property taken by war or depredation mentioned in sections 153 and 154.—  Whoever receives any property knowing the same to have been taken in the commission of any of the offences mentioned in sections 153 and 154, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine and to forfeiture of the property so received. 156. Public servant voluntarily allowing prisoner of State or war to escape.— Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, voluntarily allows such prisoner to escape from any place in which such prisoner is confined, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 157. Public servant negligently suffering such prisoner to escape.— Whoever, being a public servant and having the custody of any State prisoner or prisoner of war, negligently suffers such prisoner to escape from any place of confinement in which such prisoner is confined, shall be punished with simple imprisonment for a term which may extend to three years, and shall also be liable to fine. 158. Aiding escape of, rescuing or harbouring such prisoner.— Whoever knowingly aids or assists any State prisoner or prisoner of war in escaping from lawful custody, or rescues or attempts to rescue any such prisoner, or harbours or conceals any such prisoner who has escaped from lawful custody, or offers or attempts to offer any resistance to the recapture of such prisoner, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation .—A State prisoner or prisoner of war, who is permitted to be at large on his parole within certain limits in India, is said to escape from lawful custody if he goes beyond the limits within which he is allowed to be at large. CHAPTER VIII: OF OFFENCES RELATING TO THE  ARMY , NAVY AND  AIR FORCE 159. Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty.—  Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to seduce any such officer, soldier, sailor or airman from his allegiance or his duty, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 160. Abetment of mutiny, if mutiny is committed in consequence thereof.— Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall, if mutiny be committed in consequence of that abetment, be punished with death or with imprisonment for life, or imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 161. Abetment of assault by soldier, sailor or airman on his superior officer, when in execution  of his office.— Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 162. Abetment of such assault, if assault committed.— Whoever abets an assault by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, on any superior officer being in the execution of his office, shall, if such assault be committed in consequence of that abetment be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 163. Abetment of desertion of soldier, sailor or airman.— Whoever abets the desertion of any officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 164. Harbouring deserter.— Whoever, except as hereinafter excepted, knowing or having reason to believe that an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India, has deserted, harbours such officer, soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both. Exception .—This provision does not extend to the case in which the harbour is given by the spouse of the deserter. 165. Deserter concealed on board merchant vessel through negligence of master.— The master or person in charge of a merchant vessel, on board of which any deserter from the Army, Navy or Air Force of the Government of India is concealed, shall, though ignorant of such concealment, be liable to a penalty not exceeding three thousand rupees, if he might have known of such concealment but for some neglect of his duty as such master or person in charge, or but for some want of discipline on board of the vessel. 166. Abetment of act of insubordination by soldier, sailor or airman.— Whoever abets what he knows to be an act of insubordination by an officer, soldier, sailor or airman, in the Army, Navy or Air Force, of the Government of India, shall, if such act of insubordination be committed in consequence of that abetment, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 167. Persons subject to certain Acts.— No person subject to the Air Force Act, 1950 (45 of 1950), the Army Act, 1950 (46 of 1950) and the Navy Act, 1957 (62 of 1957), or shall be subject to punishment under this Sanhita for any of the offences defined in this Chapter. 168. Wearing garb or carrying token used by soldier, sailor or airman.— Whoever, not being a soldier, sailor or airman in the Army, Naval or Air service of the Government of India, wears any garb or carries any token resembling any garb or token used by such a soldier, sailor or airman with the intention that it may be believed that he is such a soldier, sailor or airman, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand rupees, or with both. CHAPTER IX: OF OFFENCES RELATING TO ELECTIONS  169. Candidate, electoral right defined.— For the purposes of this Chapter— (a) “candidate” means a person who has been nominated as a candidate at any election; (b) “electoral right” means the right of a person to stand, or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election. 170. Bribery.— (1) Whoever— (i) gives a gratification to any person with the object of inducing him or any other person to exercise any electoral right or of rewarding any person for having exercised any such right; or (ii) accepts either for himself or for any other person any gratification as a reward for exercising any such right or for inducing or attempting to induce any other person to exercise any such right, commits the offence of bribery: Provided that a declaration of public policy or a promise of public action shall not be an offence under this section. (2) A person who offers, or agrees to give, or offers or attempts to procure, a gratification shall be deemed to give a gratification. (3) A person who obtains or agrees to accept or attempts to obtain a gratification shall be deemed to accept a gratification, and a person who accepts a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, shall be deemed to have accepted the gratification as a reward. 171. Undue influence at elections.— (1) Whoever voluntarily interferes or attempts to interfere with the free exercise of any electoral right commits the offence of undue influence at an election. (2) Without prejudice to the generality of the provisions of sub-section (1), whoever— (a) threatens any candidate or voter, or any person in whom a candidate or voter is interested, with injury of any kind; or (b) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will become or will be rendered an object of Divine displeasure or of spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such candidate or voter, within the meaning of sub-section (1). (3) A declaration of public policy or a promise of public action or the mere exercise or a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this section. 172. Personation at elections.— Whoever at an election applies for a voting paper on votes in the name of any other person, whether living or dead, or in a fictitious name, or who having voted once at such election applies at the same election for a voting paper in his own name, and whoever abets, procures or attempts to procure the voting by any person in any such way, commits the offence of personation at an election: Provided that nothing in this section shall apply to a person who has been authorised to vote as proxy for an elector under any law for the time being in force in so far as he votes as a proxy for such elector. 173. Punishment for bribery.— Whoever commits the offence of bribery shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both: Provided that bribery by treating shall be punished with fine only. Explanation .— “Treating” means that form of bribery where the gratification consists in food, drink, entertainment, or provision. 174. Punishment for undue influence or personation at an election.— Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. 175. False statement in connection with an election.— Whoever with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine. 176. Illegal payments in connection with an election.— Whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to ten thousand rupees: Provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have incurred such expenses with the authority of the candidate. 177. Failure to keep election accounts.— Whoever being required by any law for the time being in force or any rule having the force of law to keep accounts of expenses incurred at or in connection with an election fails to keep such accounts shall be punished with fine which may extend to five thousand rupees. CHAPTER X: OF OFFENCES RELATING TO COIN, CURRENCY - NOTES, BANK- NOTES, AND GOVERNMENT STAMPS  178. Counterfeiting coin, Government stamps, currency-notes or bank-notes.— Whoever counterfeits, or knowingly performs any part of the process of counterfeiting, any coin, stamp issued by Government for the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Explanation. — For the purposes of this Chapter, — (1) the expression “bank-note” means a promissory note or engagement for the payment of money to bearer on demand issued by any person carrying on the business of banking in any part of the world, or issued by or under the authority of any State or Sovereign Power, and intended to be used as equivalent to, or as a substitute for money; (2) “coin” shall have the same meaning as assigned to it in section 2 of the Coinage Act, 2011 (11 of 2011) and includes metal used for the time being as money and is stamped and issued by or under the authority of any State or Sovereign Power intended to be so used; (3) a person commits the offence of “counterfeiting Government stamp” who counterfeits by causing a genuine stamp of one denomination to appear like a genuine stamp of a different denomination; (4) a person commits the offence of counterfeiting coin who intending to practise deception, or knowing it to be likely that deception will thereby be practised, causes a genuine coin to appear like a different coin; and (5) the offence of “counterfeiting coin” includes diminishing the weight or alteration of the composition, or alteration of the appearance of the coin. 179. Using as genuine, forged or counterfeit coin, Government stamp, currency-notes or bank-  notes.— Whoever imports or exports, or sells or delivers to, or buys or receives from, any other person, or otherwise traffics or uses as genuine, any forged or counterfeit coin, stamp, currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 180. Possession of forged or counterfeit coin, Government stamp, currency-notes or bank-  notes.— Whoever has in his possession any forged or counterfeit coin, stamp, currency-note or bank-note, knowing or having reason to believe the same to be forged or counterfeit and intending to use the same as genuine or that it may be used as genuine, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation. — If a person establishes the possession of the forged or counterfeit coin, stamp, currency-note or bank-note to be from a lawful source, it shall not constitute an offence under this section. 181. Making or possessing instruments or materials for forging or counterfeiting coin,  Government stamp, currency-notes or bank-notes.— Whoever makes or mends, or performs any part of the process of making or mending, or buys or sells or disposes of, or has in his possession, any machinery, die, or instrument or material for the purpose of being used, or knowing or having reason to believe that it is intended to be used, for forging or counterfeiting any coin, stamp issued by Government for the purpose of revenue, currency-note or bank-note, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 182. Making or using documents resembling currency-notes or bank-notes.— (1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive, any currency-note or bank-note shall be punished with fine which may extend to three hundred rupees. (2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to six hundred rupees. (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that the person caused the document to be made. 183. Effacing writing from substance bearing Government stamp, or removing from document  a stamp used for it, with intent to cause loss to Government.— Whoever, fraudulently or with intent to cause loss to the Government, removes or effaces from any substance, bearing any stamp issued by Government for the purpose of revenue, any writing or document for which such stamp has been used, or removes from any writing or document a stamp which has been used for such writing or document, in order that such stamp may be used for a different writing or document, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 184. Using Government stamp known to have been before used.— Whoever, fraudulently or with intent to cause loss to the Government, uses for any purpose a stamp issued by Government for the purpose of revenue, which he knows to have been before used, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 185. Erasure of mark denoting that stamp has been used.— Whoever, fraudulently or with intent to cause loss to Government, erases or removes from a stamp issued by Government for the purpose of revenue, any mark, put or impressed upon such stamp for the purpose of denoting that the same has been used, or knowingly has in his possession or sells or disposes of any such stamp from which such mark has been erased or removed, or sells or disposes of any such stamp which he knows to have been used, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 186. Prohibition of fictitious stamps.— (1) Whoever— (a) makes, knowingly utters, deals in or sells any fictitious stamp, or knowingly uses for any postal purpose any fictitious stamp; or (b) has in his possession, without lawful excuse, any fictitious stamp; or (c) makes or, without lawful excuse, has in his possession any die, plate, instrument or materials for making any fictitious stamp, shall be punished with fine which may extend to two hundred rupees. (2) Any such stamp, die, plate, instrument or materials in the possession of any person for making any fictitious stamp may be seized and, if seized shall be forfeited. (3) In this section “fictitious stamp” means any stamp falsely purporting to be issued by Government for the purpose of denoting a rate of postage, or any facsimile or imitation or representation, whether on paper or otherwise, of any stamp issued by Government for that purpose. (4) In this section and also in sections 178 to 181 (both inclusive), and sections 183 to 185 (both inclusive) the word “Government”, when used in connection with, or in reference to any stamp issued for the purpose of denoting a rate of postage, shall, notwithstanding anything in clause (12) of section 2, be deemed to include the person or persons authorised by law to administer executive Government in any part of India or in any foreign country. 187. Person employed in mint causing coin to be of different weight or composition from that  fixed by law.— Whoever, being employed in any mint lawfully established in India, does any act, or omits what he is legally bound to do, with the intention of causing any coin issued from that mint to be of a different weight or composition from the weight or composition fixed by law, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 188. Unlawfully taking coining instrument from mint.— Whoever, without lawful authority, takes out of any mint, lawfully established in India, any coining tool or instrument, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. CHAPTER XI:  OF  OFFENCES AGAINST  THE  PUBLIC TRANQUILITY  189. Unlawful assembly.— (1) An assembly of five or more persons is designated an “unlawful assembly”, if the common object of the persons composing that assembly is — (a) to overawe by criminal force, or show of criminal force, the Central Government or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or (b) to resist the execution of any law, or of any legal process; or (c) to commit any mischief or criminal trespass, or other offence; or (d) by means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or (e) by means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do. Explanation. — An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly. (2) Whoever, being aware of facts which render any assembly an unlawful assembly, intentionally joins that assembly, or continues in it, is said to be a member of an unlawful assembly and such member shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (3) Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (5) Whoever knowingly joins or continues in any assembly of five or more persons likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. Explanation . — If the assembly is an unlawful assembly within the meaning of sub-section (1), the offender shall be punishable under sub-section (3). (6) Whoever hires or engages, or employs, or promotes, or connives at the hiring, engagement or employment of any person to join or become a member of any unlawful assembly, shall be punishable as a member of such unlawful assembly, and for any offence which may be committed by any such person as a member of such unlawful assembly in pursuance of such hiring, engagement or employment, in thesame manner as if he had been a member of such unlawful assembly, or himself had committed such offence. (7) Whoever harbours, receives or assembles, in any house or premises in his occupation or charge, or under his control any persons knowing that such persons have been hired, engaged or employed, or are about to be hired, engaged or employed, to join or become members of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (8) Whoever is engaged, or hired, or offers or attempts to be hired or engaged, to do or assist in doing any of the acts specified in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (9) Whoever, being so engaged or hired as referred to in sub-section (8), goes armed, or engages or offers to go armed, with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 190. Every member of unlawful assembly guilty of offence committed in prosecution of common object.— If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, or such as the members of that assembly knew to be likely to be committed in prosecution of that object, every person who, at the time of the committing of that offence, is a member of the same assembly, is guilty of that offence. 191. Rioting.— (1) Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting. (2) Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3) Whoever is guilty of rioting, being armed with a deadly weapon or with anything which, used as a weapon of offence, is likely to cause death, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 192. Wantonly giving provocation with intent to cause riot-if rioting be committed; if not  committed.— Whoever malignantly, or wantonly by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 193. Liability of owner, occupier, etc., of land on which an unlawful assembly or riot takes  place.— (1) Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing that such offence is being or has been committed, or having reason to believe it is likely to be committed, do not give the earliest notice thereof in his or their power to the officer in charge at the nearest police station, and do not, in the case of his or their having reason to believe that it was about to be committed, use all lawful means in his or their power to prevent it and, in the event of its taking place, do not use all lawful means in his or their power to disperse or suppress the riot or unlawful assembly. (2) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, such person shall be punishable with fine, if he or his agent or manager, having reason to believe that such riot was likely to be committed or that the unlawful assembly by which such riot was committed was likely to be held, shall not respectively use all lawful means in his or their power to prevent such assembly or riot from taking place, and for suppressing and dispersing the same. (3) Whenever a riot is committed for the benefit or on behalf of any person who is the owner or occupier of any land respecting which such riot takes place, or who claims any interest in such land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit therefrom, the agent or manager of such person shall be punishable with fine, if such agent or manager, having reason to believe that such riot was likely to be committed, or that the unlawful assembly by which such riot was committed was likely to be held, shall not use all lawful means in his power to prevent such riot or assembly from taking place and for suppressing and dispersing the same. 194. Affray.— (1) When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an affray. (2) Whoever commits an affray, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. 195. Assaulting or obstructing public servant when suppressing riot, etc.— (1) Whoever assaults or obstructs any public servant or uses criminal force on any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which shall not be less than twenty-five thousand rupees, or with both. (2) Whoever threatens to assault or attempts to obstruct any public servant or threatens or attempts to use criminal force to any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly, or to suppress a riot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 196. Promoting enmity between different groups on grounds of religion, race, place of birth,  residence, language, etc., and doing acts prejudicial to maintenance of harmony.— (1) Whoever — (a) by words, either spoken or written, or by signs or by visible representations or through electronic communication or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities; or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity; or (c) organises any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. 197. Imputations, assertions prejudicial to national integration.— (1) Whoever, by words either spoken or written or by signs or by visible representations or through electronic communication or otherwise, — (a) makes or publishes any imputation that any class of persons cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India; or (b) asserts, counsels, advises, propagates or publishes that any class of persons shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied, or deprived of their rights as citizens of India; or (c) makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religious, racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons; or (d) makes or publishes false or misleading information, jeopardising the sovereignty, unity and integrity or security of India, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. CHAPTER XII: OF OFFENCES BY OR  RELATING TO PUBLIC SERVENTS  198. Public servant disobeying law, with intent to cause injury to any person.— Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration. A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z’s favour by a Court, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section. 199. Public servant disobeying direction under law.— Whoever, being a public servant, — (a) knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other matter; or (b) knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation; or (c) fails to record any information given to him under sub-section (1) of section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to cognizable offence punishable under section 64, section 65, section 66, section 67, section 68, section 70, section 71, section 74, section 76, section 77, section 79, section 124, section 143 or section 144, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine. 200. Punishment for non-treatment of victim.— Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 397 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with both. 201. Public servant framing an incorrect document with intent to cause injury.— Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 202. Public servant unlawfully engaging in trade.— Whoever, being a public servant, and being legally bound as such public servant not to engage in trade, engages in trade, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both or with community service. 203. Public servant unlawfully buying or bidding for property.— Whoever, being a public servant, and being legally bound as such public servant, not to purchase or bid for certain property, purchases or bids for that property, either in his own name or in the name of another, or jointly, or in shares with others, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both; and the property, if purchased, shall be confiscated. 204. Personating a public servant.— Whoever pretends to hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to three years and with fine. 205. Wearing garb or carrying token used by public servant with fraudulent intent.— Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. CHAPTER XIII :  OF CONTEMPTS OF  THE LAWFUL AUTHORITY OF PUBLIC SERVANTS  206. Absconding to avoid service of summons or other proceeding.— Whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, — (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where such summons or notice or order is to attend in person or by agent, or to produce a document or an electronic record in a Court shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 207. Preventing service of summons or other proceeding, or preventing publication thereof.—  Whoever in any manner intentionally prevents the serving on himself, or on any other person, of any summons, notice or order proceeding from any public servant legally competent, as such public servant, to issue such summons, notice or order, or intentionally prevents the lawful affixing to any place of any such summons, notice or order or intentionally removes any such summons, notice or order from any place to which it is lawfully affixed or intentionally prevents the lawful making of any proclamation, under the authority of any public servant legally competent, as such public servant, to direct such proclamation to be made, — (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the summons, notice, order or proclamation is to attend in person or by agent, or to produce a document or electronic record in a Court, with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 208. Non-attendance in obedience to an order from public servant.— Whoever, being legally bound to attend in person or by an agent at a certain place and time in obedience to a summons, notice, order, or proclamation proceeding from any public servant legally competent, as such public servant, to issue the same, intentionally omits to attend at that place or time or departs from the place where he is bound to attend before the time at which it is lawful for him to depart, — (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the summons, notice, order or proclamation is to attend in person or by agent in a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. Illustrations . (a) A, being legally bound to appear before a High Court, in obedience to a subpoena issuing from that Court, intentionally omits to appear. A has committed the offence defined in this section. (b) A, being legally bound to appear before a District Judge, as a witness, in obedience to a summons issued by that District Judge intentionally omits to appear. A has committed the offence defined in this section. 209. Non-appearance in response to a proclamation under section 84 of Bharatiya Nagarik  Suraksha Sanhita, 2023.— Whoever fails to appear at the specified place and the specified time as required by a proclamation published under sub-section (1) of section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both, or with community service, and where a declaration has been made under sub-section (4) of that section pronouncing him as a proclaimed offender, he shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine. 210. Omission to produce document or electronic record to public servant by person legally  bound to produce it.— Whoever, being legally bound to produce or deliver up any document or electronic record to any public servant, as such, intentionally omits so to produce or deliver up the same, — (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) and where the document or electronic record is to be produced or delivered up to a Court with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. Illustration. A, being legally bound to produce a document before a District Court, intentionally omits to produce the same. A has committed the offence defined in this section. 211. Omission to give notice or information to public servant by person legally bound to give  it.— Whoever, being legally bound to give any notice or to furnish information on any subject to any public servant, as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law, — (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both; (b) where the notice or information required to be given respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with simple imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; (c) where the notice or information required to be given is required by an order passed under section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 212. Furnishing false information.— Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, — (a) shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both; (b) where the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Illustrations. (a) A, a landholder, knowing of the commission of a murder within the limits of his estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in consequence of the bite of a snake. A is guilty of the offence defined in this section. (b) A, a village watchman, knowing that a considerable body of strangers has passed through his village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring place, and being legally bound to give early and punctual information of the above fact to the officer of the nearest police station, wilfully misinforms the police officer that a body of suspicious characters passed through the village with a view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the offence defined in this section. Explanation . — In section 211 and in this section the word “offence” include any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and the word “offender” includes any person who is alleged to have been guilty of any such act. 213. Refusing oath or affirmation when duly required by public servant to make it.— Whoever refuses to bind himself by an oath or affirmation to state the truth, when required so to bind himself by a public servant legally competent to require that he shall so bind himself, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 214. Refusing to answer public servant authorised to question.— Whoever, being legally bound to state the truth on any subject to any public servant, refuses to answer any question demanded of him touching that subject by such public servant in the exercise of the legal powers of such public servant, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 215. Refusing to sign statement.— Whoever refuses to sign any statement made by him, when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with simple imprisonment for a term which may extend to three months, or with fine which may extend to three thousand rupees, or with both. 216. False statement on oath or affirmation to public servant or person authorised to  administer an oath or affirmation .—Whoever, being legally bound by an oath or affirmation to state the truth on any subject to any public servant or other person authorised by law to administer such oath or affirmation, makes, to such public servant or other person as aforesaid, touching that subject, any statement which is false, and which he either knows or believes to be false or does not believe to be true, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 217. False information, with intent to cause public servant to use his lawful power to injury of  another person— Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant— (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him; or (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both. Illustrations. (a) A informs a Magistrate that Z, a police officer, subordinate to such Magistrate, has been guilty of neglect of duty or misconduct, knowing such information to be false, and knowing it to be likely that the information will cause the Magistrate to dismiss Z. A has committed the offence defined in this section. (b) A falsely informs a public servant that Z has contraband salt in a secret place, knowing such information to be false, and knowing that it is likely that the consequence of the information will be a search of Z’s premises, attended with annoyance to Z. A has committed the offence defined in this section. (c) A falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention the name of any person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. A has committed an offence under this section. 218. Resistance to taking of property by lawful authority of a public servant.— Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 219. Obstructing sale of property offered for sale by authority of public servant.— Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant, as such, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both. 220. Illegal purchase or bid for property offered for sale by authority of public servant.—  Whoever, at any sale of property held by the lawful authority of a public servant, as such, purchases or bids for any property on account of any person, whether himself or any other, whom he knows to be under a legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment of either description for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both. 221. Obstructing public servant in discharge of public functions.— Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to two thousand and five hundred rupees, or with both. 222. Omission to assist public servant when bound by law to give assistance.— Whoever, being bound by law to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, — (a) shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to two thousand and five hundred rupees, or with both; (b) and where such assistance be demanded of him by a public servant legally competent to make such demand for the purposes of executing any process lawfully issued by a Court or of preventing the commission of an offence, or suppressing a riot, or affray, or of apprehending a person charged with or guilty of an offence, or of having escaped from lawful custody, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 223. Disobedience to order duly promulgated by public servant.— Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, — (a) shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand and five hundred rupees, or with both; (b) and where such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Explanation. — It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration. An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section. 224. Threat of injury to public servant.— Whoever holds out any threat of injury to any public servant, or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act, or to forbear or delay to do any act, connected with the exercise of the public functions of such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 225. Threat of injury to induce person to refrain from applying for protection to public  servant.— Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from making a legal application for protection against any injury to any public servant legally empowered as such to give such protection, or to cause such protection to be given, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 226. Attempt to commit suicide to compel or restrain exercise of lawful power.— Whoever attempts to commit suicide with the intent to compel or restrain any public servant from discharging his official duty shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both, or with community service. CHAPTER XIV: OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE 227. Giving false evidence.— Whoever, being legally bound by an oath or by an express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence. Explanation 1 . — A statement is within the meaning of this section, whether it is made verbally or otherwise. Explanation 2 .—A false statement as to the belief of the person attesting is within the meaning of this section, and a person may be guilty of giving false evidence by stating that he believes a thing which he does not believe, as well as by stating that he knows a thing which he does not know. Illustrations . (a)  A, in support of a just claim which B has against Z for one thousand rupees, falsely swears on a trial that he heard Z admit the justice of B’s claim. A has given false evidence. (b) A, being bound by an oath to state the truth, states that he believes a certain signature to be the handwriting of Z, when he does not believe it to be the handwriting of Z. Here A states that which he knows to be false, and therefore gives false evidence. (c) A, knowing the general character of Z’s handwriting, states that he believes a certain signature to be the handwriting of Z; A in good faith believing it to be so. Here A’s statement is merely as to his belief, and is true as to his belief, and therefore, although the signature may not be the handwriting of Z, A has not given false evidence. (d) A, being bound by an oath to state the truth, states that he knows that Z was at a particular place on a particular day, not knowing anything upon the subject. A gives false evidence whether Z was at that place on the day named or not. (e) A, an interpreter or translator, gives or certifies as a true interpretation or translation of a statement or document which he is bound by oath to interpret or translate truly, that which is not and which he does not believe to be a true interpretation or translation. A has given false evidence. 228. Fabricating false evidence.— Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”. Illustrations . (a) A puts jewels into a box belonging to Z, with the intention that they may be found in that box, and that this circumstance may cause Z to be convicted of theft. A has fabricated false evidence. (b) A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court. A has fabricated false evidence. (c) A, with the intention of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting, purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a place which he knows that the officers of the police are likely to search. A has fabricated false evidence. 229. Punishment for false evidence.— (1) Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine which may extend to ten thousand rupees. (2) Whoever intentionally gives or fabricates false evidence in any case other than that referred to in sub-section (1), shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine which may extend to five thousand rupees. Explanation 1 . — A trial before a Court-martial is a judicial proceeding. Explanation 2 .—An investigation directed by law preliminary to a proceeding before a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court. Illustration . A, in an enquiry before a Magistrate for the purpose of ascertaining whether Z ought to be committed for trial, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. Explanation 3 .—An investigation directed by a Court according to law, and conducted under the authority of a Court, is a stage of a judicial proceeding, though that investigation may not take place before a Court. Illustration. A, in an enquiry before an officer deputed by a Court to ascertain on the spot the boundaries of land, makes on oath a statement which he knows to be false. As this enquiry is a stage of a judicial proceeding, A has given false evidence. 230. Giving or fabricating false evidence with intent to procure conviction of capital offence.— (1) Whoever gives or fabricates false evidence, intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which is capital by the law for the time being in force in India shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to fifty thousand rupees. (2) If an innocent person be convicted and executed in consequence of false evidence referred to in sub-section (1), the person who gives such false evidence shall be punished either with death or the punishment specified in sub-section (1). 231. Giving or fabricating false evidence with intent to procure conviction of offence punishable  with imprisonment for life or imprisonment.— Whoever gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any person to be convicted of an offence which by the law for the time being in force in India is not capital, but punishable with imprisonment for life, or imprisonment for a term of seven years or upwards, shall be punished as a person convicted of that offence would be liable to be punished. Illustration . A gives false evidence before a Court, intending thereby to cause Z to be convicted of a dacoity. The punishment of dacoity is imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, with or without fine. A, therefore, is liable to imprisonment for life or imprisonment, with or without fine. 232. Threatening any person to give false evidence.— (1) Whoever threatens another with any injury to his person, reputation or property or to the person or reputation of any one in whom that person is interested, with intent to cause that person to give false evidence shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. (2) If innocent person is convicted and sentenced in consequence of false evidence referred to in sub-section (1), with death or imprisonment for more than seven years, the person who threatens shall be punished with the same punishment and sentence in the same manner and to the same extent such innocent person is punished and sentenced. 233. Using evidence known to be false.— Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence. 234. Issuing or signing false certificate.— Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence. 235. Using as true a certificate known to be false.— Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. 236. False statement made in declaration which is by law receivable as evidence.— Whoever, in any declaration made or subscribed by him, which declaration any Court or any public servant or other person, is bound or authorised by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence. 237. Using as true such declaration knowing it to be false .—Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence. Explanation .—A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of section 236 and this section. 238. Causing disappearance of evidence of offence, or giving false information to screen  offender.— Whoever, knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of that offence to disappear, with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false shall, — (a) if the offence which he knows or believes to have been committed is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment for any term not extending to ten years, be punished with imprisonment of the description provided for the offence, for a term which may extend to one-fourth part of the longest term of the imprisonment provided for the offence, or with fine, or with both. Illustration . A, knowing that B has murdered Z, assists B to hide the body with the intention of screening B from punishment. A is liable to imprisonment of either description for seven years, and also to fine. 239. Intentional omission to give information of offence by person bound to inform.— Whoever, knowing or having reason to believe that an offence has been committed, intentionally omits to give any information respecting that offence which he is legally bound to give, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 240. Giving false information respecting an offence committed.— Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation. — In sections 238 and 239 and in this section the word “offence” includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332. 241. Destruction of document or electronic record to prevent its production as evidence.—  Whoever secretes or destroys any document or electronic record which he may be lawfully compelled to produce as evidence in a Court or in any proceeding lawfully held before a public servant, as such, or obliterates or renders illegible the whole or any part of such document or electronic record with the intention of preventing the same from being produced or used as evidence before such Court or public servant as aforesaid, or after he shall have been lawfully summoned or required to produce the same for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. 242. False personation for purpose of act or proceeding in suit or prosecution.— Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 243. Fraudulent removal or concealment of property to prevent its seizure as forfeited or in  execution.— Whoever fraudulently removes, conceals, transfers or delivers to any person any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced, by a Court or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both. 244. Fraudulent claim to property to prevent its seizure as forfeited or in execution.— Whoever fraudulently accepts, receives or claims any property or any interest therein, knowing that he has no right or rightful claim to such property or interest, or practises any deception touching any right to any property or any interest therein, intending thereby to prevent that property or interest therein from being taken as a forfeiture or in satisfaction of a fine, under a sentence which has been pronounced, or which he knows to be likely to be pronounced by a Court or other competent authority, or from being taken in execution of a decree or order which has been made, or which he knows to be likely to be made by a Court in a civil suit, shall be punished with imprisonment of either description for a term which mayextend to two years, or with fine, or with both. 245. Fraudulently suffering decree for sum not due.— Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied, or for anything in respect of which it has been satisfied, shall be punished with imprisonment of eitherdescription for a term which may extend to two years, or with fine, or with both. Illustration . A institutes a suit against Z. Z, knowing that A is likely to obtain a decree against him, fraudulently suffers a judgment to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s property which may be made under A’s decree. Z has committed an offence under this section. 246. Dishonestly making false claim in Court.— Whoever fraudulently or dishonestly, or with intent to injure or annoy any person, makes in a Court any claim which he knows to be false, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. 247. Fraudulently obtaining decree for sum not due.— Whoever fraudulently obtains a decree or order against any person for a sum not due, or for a larger sum than is due or for any property or interest in property to which he is not entitled, or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied, or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 248. False charge of offence made with intent to injure.— Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, — (a) shall be punished with imprisonment of either description for a term which may extend to five years, or with fine which may extend to two lakh rupees, or with both; (b) if such criminal proceeding be instituted on a false charge of an offence punishable with death, imprisonment for life, or imprisonment for ten years or upwards, shall be punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 249. Harbouring offender.— Whenever an offence has been committed, whoever harbours or conceals a person whom he knows or has reason to believe to be the offender, with the intention of screening him from legal punishment shall, — (a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment which may extend to one year, and not to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. Explanation . “Offence” in this section includes any act committed at any place out of India, which, if committed in India, would be punishable under any of the following sections, namely, 103, 105, 307, sub-sections (2), (3) and (4) of section 309, sub-sections (2), (3), (4) and (5) of section 310, 311, 312, clauses (f) and (g) of section 326, sub-sections (4), (6), (7) and (8) of section 331, clauses (a) and (b) of section 332 and every such act shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India. Exception . — This section shall not extend to any case in which the harbour or concealment is by the spouse of the offender. Illustration . A, knowing that B has committed dacoity, knowingly conceals B in order to screen him from legal punishment. Here, as B is liable to imprisonment for life, A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to fine. 250. Taking gift, etc., to screen an offender from punishment.— Whoever accepts or attempts to obtain, or agrees to accept, any gratification for himself or any other person, or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall, — (a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life, or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment not extending to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. 251. Offering gift or restoration of property in consideration of screening offender.— Whoever gives or causes, or offers or agrees to give or cause, any gratification to any person, or restores or causes the restoration of any property to any person, in consideration of that person’s concealing an offence, or of his screening any person from legal punishment for any offence, or of his not proceeding against any person for the purpose of bringing him to legal punishment shall, — (a) if the offence is punishable with death, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life or with imprisonment which may extend to ten years, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; (c) if the offence is punishable with imprisonment not extending to ten years, be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of imprisonment provided for the offence, or with fine, or with both. Exception . — The provisions of this section and section 250 do not extend to any case in which the offence may lawfully be compounded. 252. Taking gift to help to recover stolen property, etc.— Whoever takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence punishable under this Sanhita, shall, unless he uses all means in his power to cause the offender to be apprehended and convicted of the offence, be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 253. Harbouring offender who has escaped from custody or whose apprehension has been  ordered.— Whenever any person convicted of or charged with an offence, being in lawful custody for that offence, escapes from such custody, or whenever a public servant, in the exercise of the lawful powers of such public servant, orders a certain person to be apprehended for an offence, whoever, knowing of such escape or order for apprehension, harbours or conceals that person with the intention of preventing him from being apprehended, shall be punished in the manner following, namely: — (a) if the offence for which the person was in custody or is ordered to be apprehended is punishable with death, he shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (b) if the offence is punishable with imprisonment for life or imprisonment for ten years, he shall be punished with imprisonment of either description for a term which may extend to three years, with or without fine; (c) if the offence is punishable with imprisonment which may extend to one year and not to ten years, he shall be punished with imprisonment of the description provided for the offence for a term which may extend to one-fourth part of the longest term of the imprisonment provided for such offence, or with fine, or with both. Explanation.— “Offence” in this section includes also any act or omission of which a person is alleged to have been guilty out of India, which, if he had been guilty of it in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India, and every such act or omission shall, for the purposes of this section, be deemed to be punishable as if the accused person had been guilty of it in India. Exception . — The provisions of this section do not extend to the case in which the harbour or concealment is by the spouse of the person to be apprehended. 254. Penalty for harbouring robbers or dacoits.— Whoever, knowing or having reason to believe that any persons are about to commit or have recently committed robbery or dacoity, harbours them or any of them, with the intention of facilitating the commission of such robbery or dacoity, or of screening them or any of them from punishment, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Explanation . — For the purposes of this section it is immaterial whether the robbery or dacoity is intended to be committed, or has been committed, within or without India. Exception . — The provisions of this section do not extend to the case in which the harbour is by the spouse of the offender. 255. Public servant disobeying direction of law with intent to save person from punishment or  property from forfeiture.— Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 256. Public servant framing incorrect record or writing with intent to save person from  punishment or property from forfeiture.— Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 257. Public servant in judicial proceeding corruptly making report, etc., contrary to law.—  Whoever, being a public servant, corruptly or maliciously makes or pronounces in any stage of a judicial proceeding, any report, order, verdict, or decision which he knows to be contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 258. Commitment for trial or confinement by person having authority who knows that he is  acting contrary to law.— Whoever, being in any office which gives him legal authority to commit persons for trial or to confinement, or to keep persons in confinement, corruptly or maliciously commits any person for trial or to confinement, or keeps any person in confinement, in the exercise of that authority knowing that in so doing he is acting contrary to law, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 259. Intentional omission to apprehend on part of public servant bound to apprehend.—  Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person charged with or liable to be apprehended for an offence, intentionally omits to apprehend such person, or intentionally suffers such person to escape, or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished, — (a) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with death; or (b) with imprisonment of either description for a term which may extend to three years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years; or (c) with imprisonment of either description for a term which may extend to two years, with or without fine, if the person in confinement, or who ought to have been apprehended, was charged with, or liable to be apprehended for, an offence punishable with imprisonment for a term less than ten years. 260. Intentional omission to apprehend on part of public servant bound to apprehend person  under sentence or lawfully committed.— Whoever, being a public servant, legally bound as such public servant to apprehend or to keep in confinement any person under sentence of a Court for any offence or lawfully committed to custody, intentionally omits to apprehend such person, or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, shall be punished, — (a) with imprisonment for life or with imprisonment of either description for a term which may extend to fourteen years, with or without fine, if the person in confinement, or who ought to have been apprehended, is under sentence of death; or ( b) with imprisonment of either description for a term which may extend to seven years, with or without fine, if the person in confinement or who ought to have been apprehended, is subject, by a sentence of a Court, or by virtue of a commutation of such sentence, to imprisonment for life or imprisonment for a term of ten years, or upwards; or (c) with imprisonment of either description for a term which may extend to three years, or with fine, or with both, if the person in confinement or who ought to have been apprehended, is subject by a sentence of a Court to imprisonment for a term not extending to ten years or if the person was lawfully committed to custody. 261. Escape from confinement or custody negligently suffered by public servant.— Whoever, being a public servant legally bound as such public servant to keep in confinement any person charged with or convicted of any offence or lawfully committed to custody, negligently suffers such person to escape from confinement, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. 262. Resistance or obstruction by a person to his lawful apprehension.— Whoever intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself for any offence with which he is charged or of which he has been convicted, or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Explanation.— The punishment in this section is in addition to the punishment for which the person to be apprehended or detained in custody was liable for the offence with which he was charged, or of which he was convicted. 263. Resistance or obstruction to lawful apprehension of another person.— Whoever, intentionally offers any resistance or illegal obstruction to the lawful apprehension of any other person for an offence, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained for an offence, — (a) shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; or (b) if the person to be apprehended, or the person rescued or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with imprisonment for life or imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; or (c) if the person to be apprehended or rescued, or attempted to be rescued, is charged with or liable to be apprehended for an offence punishable with death, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or (d) if the person to be apprehended or rescued, or attempted to be rescued, is liable under the sentence of a Court or by virtue of a commutation of such a sentence, to imprisonment for life, or imprisonment for a term of ten years or upwards, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; or (e) if the person to be apprehended or rescued, or attempted to be rescued, is under sentence of death, shall be punished with imprisonment for life or imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine. 264. Omission to apprehend, or sufferance of escape, on part of public servant, in cases not  otherwise provided for.— Whoever, being a public servant legally bound as such public servant to apprehend, or to keep in confinement, any person in any case not provided for in section 259, section 260 or section 261, or in any other law for the time being in force, omits to apprehend that person or suffers him to escape from confinement, shall be punished — (a) if he does so intentionally, with imprisonment of either description for a term which may extend to three years, or with fine, or with both; and (b) if he does so negligently, with simple imprisonment for a term which may extend to two years, or with fine, or with both. 265. Resistance or obstruction to lawful apprehension or escape or rescue in cases not otherwise  provided for.— Whoever, in any case not provided for in section 262 or section 263 or in any other law for the time being in force, intentionally offers any resistance or illegal obstruction to the lawful apprehension of himself or of any other person, or escapes or attempts to escape from any custody in which he is lawfully detained, or rescues or attempts to rescue any other person from any custody in which that person is lawfully detained, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 266. Violation of condition of remission of punishment.— Whoever, having accepted any conditional remission of punishment, knowingly violates any condition on which such remission was granted, shall be punished with the punishment to which he was originally sentenced, if he has already suffered no part of that punishment, and if he has suffered any part of that punishment, then with so much of that punishment as he has not already suffered. 267. Intentional insult or interruption to public servant sitting in judicial proceeding.—  Whoever, intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 268. Personation of assessor.— Whoever, by personation or otherwise, shall intentionally cause, or knowingly suffer himself to be returned, empanelled or sworn as an assessor in any case in which he knows that he is not entitled by law to be so returned, empanelled or sworn, or knowing himself to have been so returned, empanelled or sworn contrary to law, shall voluntarily serve as such assessor, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 269. Failure by person released on bail bond or bond to appear in Court.— Whoever, having been charged with an offence and released on bail bond or on bond, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Explanation. — The punishment under this section is — (a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and (b) without prejudice to the power of the Court to order forfeiture of the bond. CHAPTER XV: O F OFFENCES AFFECTING THE PUBLIC HEALTH, SAFETY, CONVENIENCE, DECENCY AND MORALS 270. Public nuisance.— A person is guilty of a public nuisance who does any act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right but a common nuisance is not excused on the ground that it causes some convenience or advantage. 271. Negligent act likely to spread infection of disease dangerous to life.— Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 272. Malignant act likely to spread infection of disease dangerous to life.— Whoever malignantly does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 273. Disobedience to quarantine rule.— Whoever knowingly disobeys any rule made by the Government for putting any mode of transport into a state of quarantine, or for regulating the intercourse of any such transport in a state of quarantine or for regulating the intercourse between places where an infectious disease prevails and other places, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. 274. Adulteration of food or drink intended for sale.— Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 275. Sale of noxious food or drink.— Whoever sells, or offers or exposes for sale, as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 276. Adulteration of drugs.— Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation, or to make it noxious, intending that it shall be sold or used for, or knowing it to be likely that it will be sold or used for, any medicinal purpose, as if it had not undergone such adulteration, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. 277. Sale of adulterated drugs.— Whoever, knowing any drug or medical preparation to have been adulterated in such a manner as to lessen its efficacy, to change its operation, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 278. Sale of drug as a different drug or preparation.— Whoever knowingly sells, or offers or exposes for sale, or issues from a dispensary for medicinal purposes, any drug or medical preparation, as a different drug or medical preparation, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 279. Fouling water of public spring or reservoir.— Whoever voluntarily corrupts or fouls the water of any public spring or reservoir, so as to render it less fit for the purpose for which it is ordinarily used, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 280. Making atmosphere noxious to health.— Whoever voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood or passing along a public way, shall be punished with fine which may extend to one thousand rupees. 281. Rash driving or riding on a public way.— Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 282. Rash navigation of vessel.— Whoever navigates any vessel in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both. 283. Exhibition of false light, mark or buoy.— Whoever exhibits any false light, mark or buoy, intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished with imprisonment of either description for a term which may extend to seven years, and with fine which shall not be less than ten thousand rupees. 284. Conveying person by water for hire in unsafe or overloaded vessel.— Whoever knowingly or negligently conveys, or causes to be conveyed for hire, any person by water in any vessel, when that vessel is in such a state or so loaded as to endanger the life of that person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 285. Danger or obstruction in public way or line of navigation.— Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to five thousand rupees. 286. Negligent conduct with respect to poisonous substance.— Whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against any probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 287. Negligent conduct with respect to fire or combustible matter.— Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both. 288. Negligent conduct with respect to explosive substance.— Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 289. Negligent conduct with respect to machinery.— Whoever does, with any machinery, any act so rashly or negligently as to endanger human life or to be likely to cause hurt or injury to any other person or knowingly or negligently omits to take such order with any machinery in his possession or under his care as is sufficient to guard against any probable danger to human life from such machinery, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 290. Negligent conduct with respect to pulling down, repairing or constructing buildings, etc.—  Whoever, in pulling down, repairing or constructing any building, knowingly or negligently omits to take such measures with that building as is sufficient to guard against any probable danger to human life from the fall of that building, or of any part thereof, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 291. Negligent conduct with respect to animal.— Whoever knowingly or negligently omits to take such measures with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 292. Punishment for public nuisance in cases not otherwise provided for.— Whoever commits a public nuisance in any case not otherwise punishable by this Sanhita shall be punished with fine which may extend to one thousand rupees. 293. Continuance of nuisance after injunction to discontinue.— Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to five thousand rupees or with both. 294. Sale, etc., of obscene books, etc. (1) For the purposes of sub-section (2), a book, pamphlet, paper, writing, drawing, painting, representation, figure or any other object, including display of any content in electronic form shall be deemed to be obscene if it is lascivious or appeals to the prurient interest or if its effect, or (where it comprises two or more distinct items) the effect of any one of its items, is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it. (2) Whoever — (a) sells, lets to hire, distributes, publicly exhibits or in any manner puts into circulation, or for purposes of sale, hire, distribution, public exhibition or circulation, makes, produces or has in his possession any obscene book, pamphlet, paper, drawing, painting, representation or figure or any other obscene object whatsoever in whatever manner; or (b) imports, exports or conveys any obscene object for any of the purposes aforesaid, or knowing or having reason to believe that such object will be sold, let to hire, distributed or publicly exhibited or in any manner put into circulation; or (c) takes part in or receives profits from any business in the course of which he knows or has reason to believe that any such obscene objects are, for any of the purposes aforesaid, made produced, purchased, kept, imported, exported, conveyed, publicly exhibited or in any manner put into circulation; or (d) advertises or makes known by any means whatsoever that any person is engaged or is ready to engage in any act which is an offence under this section, or that any such obscene object can be procured from or through any person; or (e) offers or attempts to do any act which is an offence under this section, shall be punished on first conviction with imprisonment of either description for a term which may extend to two years, and with fine which may extend to five thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to five years, and also with fine which may extend to ten thousand rupees. Exception . — This section does not extend to — (a) any book, pamphlet, paper, writing, drawing, painting, representation or figure — (i) the publication of which is proved to be justified as being for the public good on the ground that such book, pamphlet, paper, writing, drawing, painting, representation or figure is in the interest of science, literature, art or learning or other objects of general concern; or (ii) which is kept or used bona fide for religious purposes; (b) any representation sculptured, engraved, painted or otherwise represented on or in — (i) any ancient monument within the meaning of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958); or (ii) any temple, or on any car used for the conveyance of idols, or kept or used for any religious purpose. 295. Sale, etc., of obscene objects to child.— Whoever sells, lets to hire, distributes, exhibits or circulates to any child any such obscene object as is referred to in section 294, or offers or attempts so to do, shall be punished on first conviction with imprisonment of either description for a term which may extend to three years, and with fine which may extend to two thousand rupees, and, in the event of a second or subsequent conviction, with imprisonment of either description for a term which may extend to seven years, and also with fine which may extend to five thousand rupees. 296. Obscene acts and songs.— Whoever, to the annoyance of others, — (a) does any obscene act in any public place; or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both. 297. Keeping lottery office.— (1) Whoever keeps any office or place for the purpose of drawing any lottery not being a State lottery or a lottery authorised by the State Government, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (2) Whoever publishes any proposal to pay any sum, or to deliver any goods, or to do or forbear from doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in any such lottery, shall be punished with fine which may extend to five thousand rupees. CHAPTER XVI:  O F OFFENCES RELATING TO RELIGION 298. Injuring or defiling place of worship with intent to insult religion of any class.— Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 299. Deliberate and malicious acts, intended to outrage religious feelings of any class by  insulting its religion or religious beliefs.— Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words, either spoken or written, or by signs or by visible representations or through electronic means or otherwise, insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 300. Disturbing religious assembly.— Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 301. Trespassing on burial places, etc.— Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 302. Uttering words, etc., with deliberate intent to wound religious feelings of any person.—  Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. CHAPTER XVII:  O F OFFENCES AGAINST PROPERTY Of theft 303. Theft.— (1) Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. Explanation 1 . — A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2 . — A moving effected by the same act which affects the severance may be a theft. Explanation 3 . — A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation 4 . — A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Explanation 5 . — The consent mentioned in this section may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. Illustrations . (a) A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it. Here, if A’s intention be dishonestly to take the dog out of Z’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A being Z’s servant, and entrusted by Z with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’s possession, and A has not committed theft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the highroad, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property. (h) A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft. (i) A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly. (j) If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property in as much as he takes it dishonestly. (l) A takes an article belonging to Z out of Z’s possession without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft. (m) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose merely of reading it, and with the intention of returning it. Here, it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft. (n) A asks charity from Z’s wife. She gives A money, food and clothes, which A knows to belong to Z her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression, A has not committed theft. (o) A is the paramour of Z’s wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give. If A takes the property dishonestly, he commits theft. (p) A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of Z’s possession. Here, as A does not take dishonestly, he does not commit theft. (2) Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine: Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service. 304. Snatching.— (1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property. (2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 305. Theft in a dwelling house, or means of transportation or place of worship, etc.— Whoever commits theft — (a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or (b) of any means of transport used for the transport of goods or passengers; or (c) of any article or goods from any means of transport used for the transport of goods or passengers; or (d) of idol or icon in any place of worship; or (e) of any property of the Government or of a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 306. Theft by clerk or servant of property in possession of master.— Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 307. Theft after preparation made for causing death, hurt or restraint in order to committing  of theft.— Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations . (a) A commits theft on property in Z’s possession; and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b) A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. Of extortion 308. Extortion.— (1) Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion. Illustrations . (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b) A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send club-men to plough up Z’s field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion. (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion. (e) A threatens Z by sending a message through an electronic device that “Your child is in my possession, and will be put to death unless you send me one lakh rupees.” A thus induces Z to give him money. A has committed extortion. (2) Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. (3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (7) Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Of robbery and dacoity 309. Robbery.— (1) In all robbery there is either theft or extortion. (2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. (3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation. — The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations. (a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. (b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by saying — “Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child. (4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. (5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. (6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 310. Dacoity.— (1) When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity. (2) Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine. (4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. (6) Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 311. Robbery, or dacoity, with attempt to cause death or grievous hurt.— If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. 312. Attempt to commit robbery or dacoity when armed with deadly weapon.— If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years. 313. Punishment for belonging to gang of robbers, etc.— Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. O f criminal misappropriation of property 314. Dishonest misappropriation of property.— Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years and with fine. Illustrations . (a) A takes property belonging to Z out of Z’s possession, in good faith believing at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take the book for the purpose of reading it, A has not committed theft. But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B, being, joint owners of a horse. A takes the horse out of B’s possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1 . — A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. Illustration. A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2 . — A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. Illustrations. (a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not committed the offence defined in this section. (b) A finds a letter on the road, containing a bank-note. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c) A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. (d) A sees Z drop his purse with money in it. A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e) A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. 315. Dishonest misappropriation of property possessed by deceased person at the time of his  death.— Whoever dishonestly misappropriates or converts to his own use any property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration. Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. 316. Criminal breach of trust.— (1) Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. Explanation 1 . — A person, being an employer of an establishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952) or not who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. Explanation 2 . — A person, being an employer, who deducts the employees’ contribution from the wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 (34 of 1948) shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. Illustrations. (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust. (b) A is a warehouse-keeper Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust. (c) A, residing in Kolkata, is agent for Z, residing at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be invested by A, according to Z’s direction. Z remits one lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying Company’s paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e) A, a revenue-officer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. (2) Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (3) Whoever, being entrusted with property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Of receiving stolen property 317. Stolen property.— (1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as stolen property, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. (2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (4) Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Of cheating 318. Cheating.— (1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. Explanation. — A dishonest concealment of facts is a deception within the meaning of this section. Illustrations. (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats. (e) A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats. (f) A intentionally deceives Z into a belief that A means to repay any money that Z may lend to him and thereby dishonestly induces Z to lend him money, A not intending to repay it. A cheats. (g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract. (h) A intentionally deceives Z into a belief that A has performed A’s part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money. A cheats. (i) A sells and conveys an estate to B. A, knowing that in consequence of such sale he has no right to the property, sells or mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or mortgage money from Z. A cheats. (2) Whoever cheats shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (3) Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (4) Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 319. Cheating by personation.— (1) A person is said to cheat by personation if he cheats by pretending to be some other person, or by knowingly substituting one person for or another, or representing that he or any other person is a person other than he or such other person really is. Explanation. — The offence is committed whether the individual personated is a real or imaginary person. Illustrations. (a) A cheats by pretending to be a certain rich banker of the same name. A cheats by personation. (b) A cheats by pretending to be B, a person who is deceased. A cheats by personation. (2) Whoever cheats by personation shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. Of fraudulent deeds and dispositions of property 320. Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors.— Whoever dishonestly or fraudulently removes, conceals or delivers to any person, or transfers or causes to be transferred to any person, without adequate consideration, any property, intending thereby to prevent, or knowing it to be likely that he will thereby prevent, the distribution of that property according to law among his creditors or the creditors of any other person, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years, or with fine, or with both. 321. Dishonestly or fraudulently preventing debt being available for creditors.— Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any other person from being made available according to law for payment of his debts or the debts of such other person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 322. Dishonest or fraudulent execution of deed of transfer containing false statement of  consideration.— Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which purports to transfer or subject to any charge any property, or any interest therein, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 323. Dishonest or fraudulent removal or concealment of property.— Whoever dishonestly or fraudulently conceals or removes any property of himself or any other person, or dishonestly or fraudulently assists in the concealment or removal thereof, or dishonestly releases any demand or claim to which he is entitled, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Of mischief 324. Mischief.— (1) Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits mischief. Explanation 1 . — It is not essential to the offence of mischief that the offender should intend to cause loss or damage to the owner of the property injured or destroyed. It is sufficient if he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any person by injuring any property, whether it belongs to that person or not. Explanation 2 . — Mischief may be committed by an act affecting property belonging to the person who commits the act, or to that person and others jointly. Illustrations . (a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss to Z. A has committed mischief. (b) A introduces water into an ice-house belonging to Z and thus causes the ice to melt, intending wrongful loss to Z. A has committed mischief. (c) A voluntarily throws into a river a ring belonging to Z, with the intention of thereby causing wrongful loss to Z. A has committed mischief. (d) A, knowing that his effects are about to be taken in execution in order to satisfy a debt due from him to Z, destroys those effects, with the intention of thereby preventing Z from obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed mischief. (e) A having insured a ship, voluntarily causes the same to be cast away, with the intention of causing damage to the underwriters. A has committed mischief. (f) A causes a ship to be cast away, intending thereby to cause damage to Z who has lent money on bottomry on the ship. A has committed mischief. (g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause wrongful loss to Z. A has committed mischief. (h) A causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z’s crop. A has committed mischief. (2) Whoever commits mischief shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both. (3) Whoever commits mischief and thereby causes loss or damage to any property including the property of Government or Local Authority shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. (4 ) Whoever commits mischief and thereby causes loss or damage to the amount of twenty thousand rupees and more but less than one lakh rupees shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (5) Whoever commits mischief and thereby causes loss or damage to the amount of one lakh rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (6) Whoever commits mischief, having made preparation for causing to any person death, or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine. 325. Mischief by killing or maiming animal.— Whoever commits mischief by killing, poisoning, maiming or rendering useless any animal shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. 326. Mischief by injury, inundation, fire or explosive substance, etc.— Whoever commits mischief by, — (a) doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (b) doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (c) doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage attended with injury or damage, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both; (d) destroying or moving any sign or signal used for navigation of rail, aircraft or ship or other thing placed as a guide for navigators, or by any act which renders any such sign or signal less useful as a guide for navigators, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both; (e) destroying or moving any land-mark fixed by the authority of a public servant, or by any act which renders such land-mark less useful as such, shall be punished with imprisonment of eitherdescription for a term which may extend to one year, or with fine, or with both; (f) fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause, damage to any property including agricultural produce, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; (g) fire or any explosive substance, intending to cause, or knowing it to be likely that he will thereby cause, the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place for the custody of property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 327. Mischief with intent to destroy or make unsafe a rail, aircraft, decked vessel or one of  twenty tons burden. (1) Whoever commits mischief to any rail, aircraft, or a decked vessel or any vessel of a burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing it to be likely that he will thereby destroy or render unsafe, that rail, aircraft or vessel, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (2) Whoever commits, or attempts to commit, by fire or any explosive substance, such mischief as is described in sub-section (1), shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 328. Punishment for intentionally running vessel aground or ashore with intent to commit  theft, etc.— Whoever intentionally runs any vessel aground or ashore, intending to commit theft of any property contained therein or to dishonestly misappropriate any such property, or with intent that such theft or misappropriation of property may be committed, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Of criminal trespass 329. Criminal trespass and house-trespass.— (1) Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence is said to commit criminal trespass. (2) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit house-trespass. Explanation. — The introduction of any part of the criminal trespasser’s body is entering sufficient to constitute house-trespass. (3) Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. (4) Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. 330. House-trespass and house-breaking. (1) Whoever commits house-trespass having taken precautions to conceal such house-trespass from some person who has a right to exclude or eject the trespasser from the building, tent or vessel which is the subject of the trespass, is said to commit lurking house-trespass. (2) A person is said to commit house-breaking who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or having committed an offence therein, he quits the house or any part of it in any of the following ways, namely: — (a) if he enters or quits through a passage made by himself, or by any abettor of the house-trespass, in order to the committing of the house-trespass; (b) if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance; or through any passage to which he has obtained access by scaling or climbing over any wall or building; (c) if he enters or quits through any passage which he or any abettor of the house-trespass has opened, in order to the committing of the house-trespass by any means by which that passage was not intended by the occupier of the house to be opened; (d) if he enters or quits by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass; (e) if he effects his entrance or departure by using criminal force or committing an assault, or by threatening any person with assault; (f) if he enters or quits by any passage which he knows to have been fastened against such entrance or departure, and to have been unfastened by himself or by an abettor of the house-trespass. Explanation . — Any out-house or building occupied with a house, and between which and such house there is an immediate internal communication, is part of the house within the meaning of this section. Illustrations. (a) A commits house-trespass by making a hole through the wall of Z’s house, and putting his hand through the aperture. This is house-breaking. (b) A commits house-trespass by creeping into a ship at a port-hole between decks. This is house-breaking. (c) A commits house-trespass by entering Z’s house through a window. This is house-breaking. (d) A commits house-trespass by entering Z’s house through the door, having opened a door which was fastened. This is house-breaking. (e) A commits house-trespass by entering Z’s house through the door, having lifted a latch by putting a wire through a hole in the door. This is house-breaking. (f) A finds the key of Z’s house door, which Z had lost, and commits house-trespass by entering Z’s house, having opened the door with that key. This is house-breaking. (g) Z is standing in his doorway. A forces a passage by knocking Z down, and commits house- trespass by entering the house. This is house-breaking. (h) Z, the door-keeper of Y, is standing in Y’s doorway. A commits house-trespass by entering the house, having deterred Z from opposing him by threatening to beat him. This is house-breaking. 331. Punishment for house-trespass or house-breaking. (1) Whoever commits lurking house- trespass or house-breaking, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine. (2) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (3) Whoever commits lurking house-trespass or house-breaking, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; and if the offence intended to be committed is theft, the term of the imprisonment may be extended to ten years. (4) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise, in order to the committing of any offence punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to five years, and shall also be liable to fine; and, if the offence intended to be committed is theft, the term of the imprisonment may be extended to fourteen years. (5) Whoever commits lurking house-trespass, or house-breaking, having made preparation for causing hurt to any person, or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt or of assault or of wrongful restraint, shall be punished with imprisonment of either description or a term which may extend to ten years, and shall also be liable to fine. (6) Whoever commits lurking house-trespass or house-breaking after sunset and before sunrise,having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to fourteen years, and shall also be liable to fine. (7) Whoever, whilst committing lurking house-trespass or house-breaking, causes grievous hurt to any person or attempts to cause death or grievous hurt to any person, shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years,and shall also be liable to fine. (8) If, at the time of the committing of lurking house-trespass or house-breaking after sunset and before sunrise, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house-trespass or house-breaking after sunset and before sunrise, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 332. House-trespass in order to commit offence.— Whoever commits house-trespass in order to the committing of any offence (a) punishable with death, shall be punished with imprisonment for life, or with rigorous imprisonment for a term not exceeding ten years, and shall also be liable to fine; (b) punishable with imprisonment for life, shall be punished with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine; (c) punishable with imprisonment, shall be punished with imprisonment of either description for a term which may extend to two years, and shall also be liable to fine: Provided that if the offence intended to be committed is theft, the term of the imprisonment may be extended to seven years. 333. House-trespass after preparation for hurt, assault or wrongful restraint.— Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 334. Dishonestly breaking open receptacle containing property. (1) Whoever dishonestly or with intent to commit mischief, breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (2) Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same, dishonestly, or with intent to commit mischief, breaks open or unfastens that receptacle, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CHAPTER XVIII: O F OFFENCES RELATING TO DOCUMENTS AND TO PROPERTY MARKS 335. Making a false document.— A person is said to make a false document or false electronic record — (A) Who dishonestly or f raudulently (i) makes, signs, seals or executes a document or part of a document; (ii) makes or transmits any electronic record or part of any electronic record; (iii) affixes any electronic signature on any electronic record; (iv) makes any mark denoting the execution of a document or the authenticity of the electronic signature, with the intention of causing it to be believed that such document or part of document, electronic record or electronic signature was made, signed, sealed, executed, transmitted or affixed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed, executed or affixed; or (B) Who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document or an electronic record in any material part thereof, after it has been made, executed or affixed with electronic signature either by himself or by any other person, whether such person be living or dead at the time of such alteration; or (C) Who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document or an electronic record or to affix his electronic signature on any electronic record knowing that such person by reason of unsoundness of mind or intoxication cannot, or that by reason of deception practised upon him, he does not know the contents of the document or electronic record or the nature of the alteration. Illustrations. (a) A has a letter of credit upon B for rupees 10,000, written by Z. A, in order to defraud B, adds cipher to the 10,000, and makes the sum 1,00,000 intending that it may be believed by B that Z so wrote the letter. A has committed forgery. (b) A, without Z’s authority, affixes Z’s seal to a document purporting to be a conveyance of an estate from Z to A, with the intention of selling the estate to B and thereby of obtaining from B the purchase-money. A has committed forgery. (c) A picks up a cheque on a banker signed by B, payable to bearer, but without any sum having been inserted in the cheque. A fraudulently fills up the cheque by inserting the sum of ten thousand rupees. A commits forgery. (d) A leaves with B, his agent, a cheque on a banker, signed by A, without inserting the sum payable and authorises B to fill up the cheque by inserting a sum not exceeding ten thousand rupees for the purpose of making certain payments. B fraudulently fills up the cheque by inserting the sum of twenty thousand rupees. B commits forgery. (e) A draws a bill of exchange on himself in the name of B without B’s authority, intending to discount it as a genuine bill with a banker and intending to take up the bill on its maturity. Here, as A draws the bill with intent to deceive the banker by leading him to suppose that he had the security of B, and thereby to discount the bill, A is guilty of forgery. (f) Z’s will contains these words— “I direct that all my remaining property be equally divided between A, B and C.” A dishonestly scratches out B’s name, intending that it may be believed that the whole was left to himself and C. A has committed forgery. (g) A endorses a Government promissory note and makes it payable to Z or his order by writing on the bill the words “Pay to Z or his order” and signing the endorsement. B dishonestly erases the words “Pay to Z or his order”, and thereby converts the special endorsement into a blank endorsement. B commits forgery. (h) A sells and conveys an estate to Z. A afterwards, in order to defraud Z of his estate, executes a conveyance of the same estate to B, dated six months earlier than the date of the conveyance to Z, intending it to be believed that he had conveyed the estate to B before he conveyed it to Z. A has committed forgery. (i) Z dictates his will to A. A intentionally writes down a different legatee from the legatee named by Z, and by representing to Z that he has prepared the will according to his instructions, induces Z to sign the will. A has committed forgery. (j) A writes a letter and signs it with B’s name without B’s authority, certifying that A is a man of good character and in distressed circumstances from unforeseen misfortune, intending by means of such letter to obtain alms from Z and other persons. Here, as A made a false document in order to induce Z to part with property, A has committed forgery. (k) A without B’s authority writes a letter and signs it in B’s name certifying to A’s character, intending thereby to obtain employment under Z. A has committed forgery in as much as he intended to deceive Z by the forged certificate, and thereby to induce Z to enter into an express or implied contract for service. Explanation 1 .—A man’s signature of his own name may amount to forgery. Illustrations . (a) A signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn by another person of the same name. A has committed forgery. (b) A writes the word “accepted” on a piece of paper and signs it with Z’s name, in order that B may afterwards write on the paper a bill of exchange drawn by B upon Z, and negotiate the bill as though it had been accepted by Z. A is guilty of forgery; and if B, knowing the fact, draws the bill upon the paper pursuant to A’s intention, B is also guilty of forgery. (c) A picks up a bill of exchange payable to the order of a different person of the same name. A endorses the bill in his own name, intending to cause it to be believed that it was endorsed by the person to whose order it was payable; here A has committed forgery. (d) A purchases an estate sold under execution of a decree against B. B, after the seizure of the estate, in collusion with Z, executes a lease of the estate, to Z at a nominal rent and for a long period and dates the lease six months prior to the seizure, with intent to defraud A, and to cause it to be believed that the lease was granted before the seizure. B, though he executes the lease in his own name, commits forgery by antedating it. (e) A, a trader, in anticipation of insolvency, lodges effects with B for A’s benefit, and with intent to defraud his creditors; and in order to give a colour to the transaction, writes a promissory note binding himself to pay to B a sum for value received, and antedates the note, intending that it may be believed to have been made before A was on the point of insolvency. A has committed forgery under the first head of the definition. Explanation 2 .—The making of a false document in the name of a fictitious person, intending it to be believed that the document was made by a real person, or in the name of a deceased person, intending it to be believed that the document was made by the person in his lifetime, may amount to forgery. Illustration . A draws a bill of exchange upon a fictitious person, and fraudulently accepts the bill in the name of such fictitious person with intent to negotiate it. A commits forgery. Explanation 3 .—For the purposes of this section, the expression “affixing electronic signature” shall have the meaning assigned to it in clause (d) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000). 336. Forgery.— (1) Whoever makes any false document or false electronic record or part of a document or electronic record, with intent to cause damage or injury, to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery. (2) Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3) Whoever commits forgery, intending that the document or electronic record forged shall be used for the purpose of cheating, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Whoever commits forgery, intending that the document or electronic record forged shall harm the reputation of any party, or knowing that it is likely to be used for that purpose, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 337. Forgery of record of Court or of public register, etc.— Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court or an identity document issued by Government including voter identity card or Aadhaar Card, or a register of birth, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. Explanation. — For the purposes of this section, “register” includes any list, data or record of any entries maintained in the electronic form as defined in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000). 338. Forgery of valuable security, will, etc.— Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 339. Having possession of document described in section 337 or section 338, knowing it to be  forged and intending to use it as genuine.— Whoever has in his possession any document or electronic record, knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall, if the document or electronic record is one of the description mentioned in section 337 of this Sanhita, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine; and if the document is one of the description mentioned in section 338, shall be punished with imprisonment for life, or with imprisonment of either description, for a term which may extend to seven years, and shall also be liable to fine. 340. Forged document or electronic record and using it as genuine.— (1) A false document or electronic record made wholly or in part by forgery is designated a forged document or electronic record. (2) Whoever fraudulently or dishonestly uses as genuine any document or electronic record which he knows or has reason to believe to be a forged document or electronic record, shall be punished in the same manner as if he had forged such document or electronic record. 341. Making or possessing counterfeit seal, etc., with intent to commit forgery punishable under  section 338.— (1) Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under section 338 of this Sanhita, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (2) Whoever makes or counterfeits any seal, plate or other instrument for making an impression, intending that the same shall be used for the purpose of committing any forgery which would be punishable under any section of this Chapter other than section 338, or, with such intent, has in his possession any such seal, plate or other instrument, knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (3) Whoever possesses any seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (4) Whoever fraudulently or dishonestly uses as genuine any seal, plate or other instrument knowing or having reason to believe the same to be counterfeit, shall be punished in the same manner as if he had made or counterfeited such seal, plate or other instrument. 342. Counterfeiting device or mark used for authenticating documents described in section 338,  or possessing counterfeit marked material. (1) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document described in section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who, with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (2) Whoever counterfeits upon, or in the substance of, any material, any device or mark used for the purpose of authenticating any document or electronic record other than the documents described in section 338, intending that such device or mark shall be used for the purpose of giving the appearance of authenticity to any document then forged or thereafter to be forged on such material, or who with such intent, has in his possession any material upon or in the substance of which any such device or mark has been counterfeited, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 343. Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable  security.— Whoever fraudulently or dishonestly, or with intent to cause damage or injury to the public or to any person, cancels, destroys or defaces, or attempts to cancel, destroy or deface, or secretes or attempts to secrete any document which is or purports to be a will, or an authority to adopt a son, or any valuable security, or commits mischief in respect of such document, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 344. Falsification of accounts.— Whoever, being a clerk, officer or servant, or employed or acting in the capacity of a clerk, officer or servant, wilfully, and with intent to defraud, destroys, alters, mutilates or falsifies any book, electronic record, paper, writing, valuable security or account which belongs to or is in the possession of his employer, or has been received by him for or on behalf of his employer, or wilfully, and with intent to defraud, makes or abets the making of any false entry in, or omits or alters or abets the omission or alteration of any material particular from or in, any such book, electronic record, paper, writing, valuable security or account, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation. — It shall be sufficient in any charge under this section to allege a general intent to defraud without naming any particular person intended to be defrauded or specifying any particular sum of money intended to be the subject of the fraud, or any particular day on which the offence was committed. Of property marks 345. Property mark.— (1) A mark used for denoting that movable property belongs to a particular person is called a property mark. (2) Whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. (3) Whoever uses any false property mark shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 346. Tampering with property mark with intent to cause injury.— Whoever removes, destroys, defaces or adds to any property mark, intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 347. Counterfeiting a property mark.— (1) Whoever counterfeits any property mark used by any other person shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (2) Whoever counterfeits any property mark used by a public servant, or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place, or that the property is of a particular quality or has passed through a particular office, or that it is entitled to any exemption, or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 348. Making or possession of any instrument for counterfeiting a property mark.— Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting aproperty mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. 349. Selling goods marked with a counterfeit property mark.— Whoever sells, or exposes, or has in possession for sale, any goods or things with a counterfeit property mark affixed to or impressed upon the same or to or upon any case, package or other receptacle in which such goods are contained, shall, unless he proves — (a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark; and (b) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons from whom he obtained such goods or things; or (c) that otherwise he had acted innocently, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. 350. Making a false mark upon any receptacle containing goods.— (1) Whoever makes any false mark upon any case, package or other receptacle containing goods, in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contain or that it does not contain goods which it does contain, or that the goods contained in such receptacle are of a nature or quality different from the real nature or quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (2) Whoever makes use of any false mark in any manner prohibited under sub-section (1) shall, unless he proves that he acted without intent to defraud, be punished as if he had committed the offence under sub-section (1). CHAPTER XIX:  O F CRIMINAL INTIMIDATION, INSULT, ANNOYANCE, DEFAMATION, ETC. 351. Criminal intimidation.— (1) Whoever threatens another by any means, with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. Explanation. — A threat to injure the reputation of any deceased person in whom the person threatened is interested, is within this section. Illustration . A, for the purpose of inducing B to resist from prosecuting a civil suit, threatens to burn B’s house. A is guilty of criminal intimidation. (2) Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (3) Whoever commits the offence of criminal intimidation by threatening to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. (4) Whoever commits the offence of criminal intimidation by an anonymous communication, or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment of either description for a term which may extend to two years, in addition to the punishment provided for the offence under sub-section (1). 352. Intentional insult with intent to provoke breach of peace.— Whoever intentionally insults in any manner, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 353. Statements conducing to public mischief.— (1) Whoever makes, publishes or circulates any statement, false information, rumour, or report, including through electronic means — (a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such; or (b) with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity; or (c) with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (2) Whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, including through electronic means, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both. (3) Whoever commits an offence specified in sub-section (2) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine. Exception . — It does not amount to an offence, within the meaning of this section, when the person making, publishing or circulating any such statement, false information, rumour or report, has reasonable grounds for believing that such statement, false information, rumour or report is true and makes, publishes or circulates it in good faith and without any such intent as aforesaid. 354. Act caused by inducing person to believe that he will be rendered an object of Divine  displeasure.— Whoever voluntarily causes or attempts to cause any person to do anything which that person is not legally bound to do, or to omit to do anything which he is legally entitled to do, by inducing or attempting to induce that person to believe that he or any person in whom he is interested will become or will be rendered by some act of the offender an object of Divine displeasure if he does not do the thing which it is the object of the offender to cause him to do, or if he does the thing which it is the object of the offender to cause him to omit, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Illustrations. (a) A sits dharna at Z’s door with the intention of causing it to be believed that, by so sitting, he renders Z an object of Divine displeasure. A has committed the offence defined in this section. (b) A threatens Z that, unless Z performs a certain act, A will kill one of A’s own children, under such circumstances that the killing would be believed to render Z an object of Divine displeasure. A has committed the offence defined in this section. 355. Misconduct in public by a drunken person.— Whoever, in a state of intoxication, appears in any public place, or in any place which it is a trespass in him to enter, and there conducts himself in such a manner as to cause annoyance to any person, shall be punished with simple imprisonment for a term which may extend to twenty-four hours, or with fine which may extend to one thousand rupees, or with both or with community service. Of defamation 356. Defamation.— (1) Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes in any manner, any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter excepted, to defame that person. Explanation 1 . — It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. Explanation 2 . — It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Explanation 3 . — An imputation in the form of an alternative or expressed ironically, may amount to defamation. Explanation 4 . — No imputation is said to harm a person’s reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful. Illustrations. (a) A says— “Z is an honest man; he never stole B’s watch”; intending to cause it to be believed that Z did steal B’s watch. This is defamation, unless it falls within one of the exceptions. (b) A is asked who stole B’s watch. A points to Z, intending to cause it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. (c) A draws a picture of Z running away with B’s watch, intending it to be believed that Z stole B’s watch. This is defamation, unless it falls within one of the exceptions. Exception 1 .—It is not defamation to impute anything which is true concerning any person, if it be for the public good that the imputation should be made or published. Whether or not it is for the public good is a question of fact. Exception 2. —It is not defamation to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct, and no further. Exception 3 .—It is not defamation to express in good faith any opinion whatever respecting the conduct of any person touching any public question, and respecting his character, so far as his character appears in that conduct, and no further. Illustration . It is not defamation in A to express in good faith any opinion whatever respecting Z’s conduct in petitioning Government on a public question, in signing a requisition for a meeting on a public question, in presiding or attending at such meeting, in forming or joining any society which invites the public support, in voting or canvassing for a particular candidate for any situation in the efficient discharge of the duties of which the public is interested. Exception 4 .—It is not defamation to publish substantially true report of the proceedings of a Court, or of the result of any such proceedings. Explanation. —A Magistrate or other officer holding an inquiry in open Court preliminary to a trial in a Court, is a Court within the meaning of the above section. Exception 5. —It is not defamation to express in good faith any opinion whatever respecting the merits of any case, civil or criminal, which has been decided by a Court, or respecting the conduct of any person as a party, witness or agent, in any such case, or respecting the character of such person, as far as his character appears in that conduct, and no further. Illustrations . (a) A says— “I think Z’s evidence on that trial is so contradictory that he must be stupid or dishonest”. A is within this exception if he says this in good faith, in as much as the opinion which he expresses respects Z’s character as it appears in Z’s conduct as a witness, and no further. (b) But if A says— “I do not believe what Z asserted at that trial because I know him to be a man without veracity”; A is not within this exception, in as much as the opinion which expresses of Z’s character, is an opinion not founded on Z’s conduct as a witness. Exception 6. —It is not defamation to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public, or respecting the character of the author so far as his character appears in such performance, and no further. Explanation .—A performance may be submitted to the judgment of the public expressly or by acts on the part of the author which imply such submission to the judgment of the public. Illustrations. (a) A person who publishes a book, submits that book to the judgment of the public. (b) A person who makes a speech in public, submits that speech to the judgment of the public. (c) An actor or singer who appears on a public stage, submits his acting or singing to the judgment of the public. (d) A says of a book published by Z — “Z’s book is foolish; Z must be a weak man. Z’s book is indecent; Z must be a man of impure mind”. A is within the exception, if he says this in good faith, in as much as the opinion which he expresses of Z respects Z’s character only so far as it appears in Z’s book, and no further. (e) But if A says “I am not surprised that Z’s book is foolish and indecent, for he is a weak man and a libertine” . A is not within this exception, in as much as the opinion which he expresses of Z’s character is an opinion not founded on Z’s book.Exception 7.—It is not defamation in a person having over another any authority, either conferred by law or arising out of a lawful contract made with that other, to pass in good faith any censure on the conduct of that other in matters to which such lawful authority relates. Illustration. A Judge censuring in good faith the conduct of a witness, or of an officer of the Court; a head of a department censuring in good faith those who are under his orders, a parent censuring in good faith a child in the presence of other children; a school master, whose authority is derived from a parent, censuring in good faith a pupil in the presence of other pupils; a master censuring a servant in good faith for remissness in service; a banker censuring in good faith the cashier of his bank for the conduct of such cashier as such cashier are within this exception. Exception 8 .—It is not defamation to prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject-matter of accusation. Illustration. If A in good faith accuses Z before a Magistrate; if A in good faith complains of the conduct of Z, a servant, to Z’s master; if A in good faith complains of the conduct of Z, a child, to Z’s father, A is within this exception. Exception 9 .—It is not defamation to make an imputation on the character of another provided that the imputation be made in good faith for the protection of the interests of the person making it, or of any other person, or for the public good. Illustrations. (a) A, a shopkeeper, says to B, who manages his business—“Sell nothing to Z unless he pays you ready money, for I have no opinion of his honesty”. A is within the exception, if he has made this imputation on Z in good faith for the protection of his own interests. (b) A, a Magistrate, in making a report to his own superior officer, casts an imputation on the character of Z. Here, if the imputation is made in good faith, and for the public good, A is within the exception. Exception 10 .—It is not defamation to convey a caution, in good faith, to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed, or of some person in whom that person is interested, or for the public good. (2) Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both, or with community service. (3) Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. (4) Whoever sells or offers for sale any printed or engraved substance containing defamatory matter, knowing that it contains such matter, shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both. Of breach of contract to attend on and supply wants of helpless person 357. Breach of contract to attend on and supply wants of helpless person.— Whoever, being bound by a lawful contract to attend on or to supply the wants of any person who, by reason of youth, or of unsoundness of mind, or of a disease or bodily weakness, is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five thousand rupees, or with both. CHAPTER XX:  R EPEAL AND SAVINGS 358. Repeal and savings.— (1) The Indian Penal Code (45 of 1860) is hereby repealed. (2) Notwithstanding the repeal of the Code referred to in sub-section (1), it shall not affect, — (a) the previous operation of the Code so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Code so repealed; or (c) any penalty, or punishment incurred in respect of any offences committed against the Code so repealed; or (d) any investigation or remedy in respect of any such penalty, or punishment; or (e) any proceeding, investigation or remedy in respect of any such penalty or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that Code had not been repealed. (3) Notwithstanding such repeal, anything done or any action taken under the said Code shall be deemed to have been done or taken under the corresponding provisions of this Sanhita. (4) The mention of particular matters in sub-section (2) shall not be held to prejudice or affect the general application of section 6 of the General Clauses Act, 1897 (10 of 1897) with regard to the effect of the repeal. Narcotic Drugs And Psychotropic Substances Act, 1985 You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Source: India Code:  Narcotic Drugs and Psychotropic Substances Act, 1985 Thank you Outlawed India for sharing warmly and freely. Table of contents: Arrangement Of Sections  Last Update 3-1-2022 CHAPTER I: PRELIMINARY 1. Short title, extent and commencement. 2. Definitions. 3. Power to add to or omit from the list of psychotropic substances. CHAPTER II: AUTHORITIES AND OFFICERS 4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc. 5. Officers of Central Government. 6. The Narcotic Drugs and Psychotropie Substances Consultative Committee. 7. Officers of State Government. CHAPTER IIA: NATIONAL FUND FOR CONTROL OF DRUG ABUSE 7A. National Fund for Control of Drug Abuse 7B. Annual report of activities financed under the Fund. CHAPTER III: PROHIBITION, CONTROL AND REGULATION 8. Prohibition of certain operations. 8A. Prohibition of certain activities relating to property derived from offence. 9. Power of Central Government to permit, control and regulate. 9A. Power to control and regulate controlled substances. 10. Power of State Government to permit, control and regulate. 11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment. 12. Restrictions over external dealings in narcotic drugs and psychotropic substances. 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent. 14. Special provision relating to cannabis. CHAPTER IV: OFFENCES AND PENALTIES 15. Punishment for contravention in relation to poppy straw. 16. Punishment for contravention in relation to coca plant and coca leaves. 17. Punishment for contravention in relation to prepared opium. 18. Punishment for contravention in relation to opium poppy and opium. 19. Punishment for embezzlement of opium by cultivator. 20. Punishment for contravention in relation to cannabis plant and cannabis. 21. Punishment for contravention in relation to manufactured drugs and preparations. 22. Punishment for contravention in relation to psychotropic substances. 23. Punishment for illegal import in to India, export from India or transhipment of narcotic drugs and psychotropic substances. 24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12. 25. Punishment for allowing premises, etc., to be used for commission of an offence. 25A. Punishment for contravention of orders made under section 9A. 26. Punishment for certain acts by licensee or his servants. 27. Punishment for consumption of any narcotic drug or psychotropic substance. 27A. Punishment for financing illicit traffic and harbouring offenders. 27B. Punishment for contravention of section 8A. 28. Punishment for attempts to commit offences. 29. Punishment for abetment and criminal conspiracy. 30. Preparation. 31. Enhanced punishment for offences after previous conviction. 31A. Death penalty for certain offences after previous conviction. 32. Punishment for offence for which no punishment is provided. 32A. No suspension, remission or commutation in any sentence awarded under this Act. 32B. Factors to be taken into account for imposing higher than the minimum punishment. 33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958. 34. Security for abstaining from commission of offence. 35. Presumption of culpable mental state. 36. Constitution of Special Court. 36A. Offences triable by Special Courts. 36B. Appeal and revision. 36C. Application of Code to proceedings before a Special Court. 36D. Transitional provisions. 37. Offences to be cognizable and non-bailable. 38. Offences by companies. 39. Power of court to release certain offenders on probation. 40. Power of court to publish names, place of business, etc., of certain offenders. CHAPTER V: Procedure 41. Power to issue warrant and authorisation. 42. Power of entry, search, seizure and arrest without warrant or authorisation. 43. Power of seizure and arrest in public place. 44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant. 45. Procedure where seizure of goods liable to confiscation not practicable. 46. Duty of land holder to give information of illegal cultivation. 47. Duty of certain officers to give information of illegal cultivation. 48. Power of attachment of crop illegally cultivated. 49. Power to stop and search conveyance. 50. Conditions under which search of persons shall be conducted. 50A. Power to undertake controlled delivery. 51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures. 52. Disposal of persons arrested and articles seized. 52A. Disposal of seized narcotic drugs and psychotropic substances. 53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station. 53A. Relevancy of statements under certain circumstances. 54. Presumption from possession of illicit articles. 55. Police to take charge of articles seized and delivered. 56. Obligation of officers to assist each other. 57. Report of arrest and seizure. 57A. Report of seizure of property of the person arrested by the notified officer. 58. Punishment for vexatious entry, search, seizure or arrest. 59. Failure of officer in duty or his connivance at the contravention of the provisions of this Act. 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation. 61. Confiscation of goods used for concealing illicit drugs or substances. 62. Confiscation of sale proceeds of illicit drugs or substances. 63. Procedure in making confiscations. 64. Power to tender immunity from prosecution. 64A. Immunity from prosecution to addicts volunteering for treatment. 65. [Omitted]. 66. Presumption as to documents in certain cases. 67. Power to call for information, etc. 68. Information as to commission of offences. CHAPTER VA: FORFEITURE OF ILLEGALLY ACQUIRED PROPERTY 68A. Application. 68B. Definitions. 68C. Prohibition of holding illegally acquired property. 68D. Competent authority . 68E. Identifying illegally acquired property. 68F. Seizure or freezing of illegally acquired property. 68G. Management of properties seized or forfeited under this Chapter. 68H. Notice of forfeiture of property. 68-I. Forfeiture of property in certain cases. 68J. Burden of proof. 68K. Fine in lieu of forfeiture. 68L. Procedure in relation to certain trust properties. 68M. Certain transfers to be null and void. 68N. Constitution of Appellate Tribunal. 68-O. Appeals. 68P. Notice or order not to be invalid for error in description. 68Q. Bar of jurisdiction. 68R. Competent authority and Appellate Tribunal to have powers of civil court. 68S. Information to competent authority. 68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal. 68U. Power to take possession. 68V. Rectification of mistakes. 68W. Findings under other laws not conclusive for proceedings under this Chapter. 68X. Service of notices and orders. 68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter. 68Z. Release of property in certain cases. CHAPTER VI: MISCELLANEOUS 69. Protection of action taken in good faith. 70. Central Government and State Government to have regard to international conventions while making rules. 71. Power of Government to establish centres for identification, treatment, etc., of addicts and for supply of narcotic drug and psychotropic substances. 72. Recovery of sums due to Government. 73. Bar of jurisdiction. 74. Transitional provisions. 74A. Power of Central Government to give directions. 75. Power to delegate. 76. Power of Central Government to make rules. 77. Rules and notifications to be laid before Parliament. 78. Power of State Government to make rules. 79. Application of the Customs Act, 1962. 80. Application of the Drugs and Cosmetics Act, 1940 not barred. 81. Saving of State and special laws. 82. Repeal and savings. 83. Power to remove difficulties. THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 ACT NO. 61 OF 1985 [16th September, 1985.] An Act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances  1 [, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances] and for matters connected therewith. Be it enacted by Parliament in the Thirty-sixty Year of the Republic of India as follows:— CHAPTER I: PRELIMINARY 1. Short title, extent and commencement.— (1) This Act may be called the Narcotic Drugs and Psychotropic Substances Act, 1985. (2) It extends to the whole of India  2 [and it applies also— (a) to all citizens of India outside India; (b) to all persons on ships and aircrafts registered in India, wherever they may be]. (3) It shall come into force on such date 3 as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Act and for different States and any reference in any such provision to the commencement of this Act shall be construed in relation to any State as a reference to the coming into force of that provision in that State. 2. Definitions. —In this Act, unless the context otherwise requires,— 4 [(i) “addict” means a person who has dependence on any narcotic drug or psychotropic substance;] (ii) “Board” means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 (54 of 1963); (iii) “cannabis (hemp)” means— (a) charas, that is, the separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant and also includes concentrated preparation and resin known as hashish oil or liquid hashish; (b) ganja, that is, the flowering or fruiting tops of the cannabis plant (excluding the seeds and leaves when not accompanied by the tops), by whatever name they may be known or designated; and (c) any mixture, with or without any neutral material, of any of the above forms of cannabis or any drink prepared therefrom; 1 Ins. by Act 2 of 1989, s. 2 (w.e.f. 29-5-1989). 2 Ins. by Act 9 of 2001, s. 2 (w.e.f. 2-10-2001). 3 14th November, 1985, vide notification No. S.O. 821(E), dated 14th November, 1985, see Gazette of India, Extraordinary, Part II, sec. 3(ii). 4 Subs. by Act 9 of 2001, s. 3, for clause (i) (w.e.f. 2-10-2001). (iv) “cannabis plant” means any plant of the genus cannabis; 1 [(iva) “Central Government factories” means factories owned by the Central Government or factories owned by any company in which the Central Government holds at least fifty-one per cent. of the paid-up share capital;] (v) “coca derivative” means— (a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine; (b) ecgonine and all the derivatives of ecgonine from which it can be recovered; (c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and (d) all preparations containing more than 0.1 per cent. of cocaine; (vi) “coca leaf” means— (a) the leaf of the coca plant except a leaf from which all ecgonine, cocaine and any other ecgonine alkaloids have been removed; (b) any mixture thereof with or without any neutral material, but does not include any preparation containing not more than 0.1 per cent. of cocaine; (vii) “coca plant” means the plant of any species of the genus Frythroxylon; 2 [(viia) “commercial quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette; (viib) “controlled delivery” means the technique of allowing illicit or suspect consignments of narcotic drugs, psychotropic substances, controlled substances or substances substituted for them to pass out of, or through or into the territory of India with the knowledge and under the supervision of an officer empowered in this behalf or duly authorised under section 50A with a view to identifying the persons involved in the commission of an offence under this Act; (viic) “corresponding law” means any law corresponding to the provisions of this Act;] 3 [ 4 [(viid)] “controlled substance” means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a controlled substance;] (viii) “conveyance” means a conveyance of any description whatsoever and includes any aircraft, vehicle or vessel; 1 [(viiia) “essential narcotic drug” means a narcotic drug notified by the Central Government for medical and scientific use;] 3 [ 5 [(viiib)] “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means— (i) cultivating any coca plant or gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; (iii) engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transhipment, of narcotic drugs or psychotropic substances; 1 Ins. by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014). 2 Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 3 Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989). 4 Clause (viia) relettered as clause (viid) thereof by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). 5 Clause (viiia) relettered as clause (viiib) thereof by Act 16 of 2014, s. 2 (w.e.f. 1-5-2014). (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those referred to in sub-clauses (i) to (iii); or (v) handling or letting out any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv), other than those permitted under this Act, or any rule or order made, or any condition of any licence, term or authorisation issued, thereunder, and includes— (1) financing, directly or indirectly, any of the aforementioned activities; (2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and (3) harbouring persons engaged in any of the afore-mentioned activities;] (ix) “International Convention” means— (a) the Single Convention on Narcotic Drugs, 1961 adopted by the United Nations Conference at New York in March, 1961; (b) the Protocol, amending the Convention mentioned in sub-clause (a), adopted by the United Nations Conference at Geneva in March, 1972; (c) the Convention on Psychotropic Substances, 1971 adopted by the United Nations Conference at Vienna in February, 1971; and (d) any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may benratified or acceded to by India after the commencement of this Act; (x) “manufacture”, in relation to narcotic drugs or psychotropic substances, includes— (1) all processes other than production by which such drugs or substances may be obtained; (2) refining of such drugs or substances; (3) transformation of such drugs or substances; and (4) making of preparation (otherwise than in a pharmacy on prescription) with or containing such drugs or substances; (xi) “manufactured drug” means— (a) all coca derivatives, medicinal cannabis, opium derivatives and poppy straw concentrate; (b) any other narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any InternationalConvention, by notification in the Official Gazette, declare not to be a manufactured drug, but does not include any narcotic substance or preparation which the Central Government may, having regard to the available information as to its nature or to a decision, if any, under any International Convention, by notification in the Official Gazette, declare not to be a manufactured drug; (xii) “medicinal cannabis”, that is, medicinal hemp, means any extract or tincture of cannabis (hemp); (xiii) “Narcotics Commissioner” means the Narcotics Commissioner appointed under section 5; (xiv) “narcotic drug” means coca leaf, cannabis (hemp), opium, popy straw and includes all manufactured drugs; (xv) “opium” means— (a) the coagulated juice of the opium poppy; and (b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy, but does not include any preparation containing not more than 0.2 per cent. of morphine; (xvi) “opium derivative” means— (a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the Indian Pharmacopoeia or any other pharmacopoeia notified in this behalf by the Central Government, whether in powder form or granulated or otherwise or mixed with neutral materials; (b) prepared opium, that is, any product of opium obtained by any series of operations designed to transform opium into an extract suitable for smoking and the dross or other residue remaining after opium is smoked; (c) phenanthrene alkaloids, namely, morphine, codeine, thebaine and their salts; (d) diacetylmorphine, that is, the alkaloid also known as dia-morphine or heroin and its salts; and (e) all preparations containing more than 0.2 per cent. of morphine or containing any diacetylmorphine; (xvii) “opium poppy” means— (a) the plant of the species Papaver somniferum L; and (b) the plant of any other species of Papaver from which opium or any phenanthrene alkaloid can be extracted and which the Central Government may, by notification in the Official Gazette, declare to be opium poppy for the purposes of this Act; (xviii) “poppy straw” means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom; (xix) “poppy straw concentrate” means the material arising when poppy straw has entered into a process for the concentration of its alkaloids; (xx) “preparation”, in relation to a narcotic drug or psychotropic substance, means any one or more such drugs or substances in dosage form or any solution or mixture, in whatever physical state, containing one or more such drugs or substances; (xxi) “Prescribed” means prescribed by rules made under this Act; (xxii) “production” means separation of opium, poppy straw, coca leaves or cannabis from the plants from which they are obtained; (xxiii) “Psychotropic substance” means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule; 1 [(xxiiia) “small quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette;] (xxiv) “to import inter-State” means to bring into a State or Union territory in India from another State or Union territory in India; (xxv) “to import into India”, with its grammatical variations and cognate expressions, means to bring into India from a place outside India and includes the bringing into any port or airport or place in India of a narcotic drug or a psychotropic substance intended to be taken out of India without being removed from the vessel, aircraft, vehicle or any other conveyance in which it is being carried. Explanation. —For the purposes of this clause and clause (xxvi), “India” includes the territorial waters of India; 1 Ins. by Act 9 of 2001, s. 3 (w.e.f. 2-10-2001). (xxvi) “to export from India”, with its grammatical variations and cognate expressions, means to take out of India to a place outside India; (xxvii) “to export inter-State” means to take out of a State or Union territory in India to another State or Union territory in India; (xxviii) “to transport” means to take from one place to another within the same State or Union territory; 1 [(xxviiia) “use” , in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption;] (xxix) words and expressions used herein and not defined but defined in the Code of Criminal Procedure, 1973 (2 of 1974) have the meanings respectively assigned to them in that Code. Explanation. —For the purposes of clauses (v), (vi), (xv) and (xvi) the percentages in the case of liquid preparations shall be calculated on the basis that a preparation containing one per cent. of a substance means a preparation in which one gram of substance, if solid, or one mililitre of substance, if liquid, is contained in every one hundred mililitre of the preparation and so on in proportion for any greater or less percentage: Provided that the Central Government may, having regard to the developments in the field of methods of calculating percentages in liquid preparations prescribe, by rules, any other basis which it may deem appropriate for such calculation. 3. Power to add to or omit from the list of psychotropic substances.— The Central Government may, if satisfied that it is necessary or expedient so to do on the basis of— (a) the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural material or any salt or preparation of such substance or material; and (b) the modifications or provisions (if any) which have been made to, or in, any International Convention with respect to such substance, natural material or salt or preparation of such substance or material, by notification in the Official Gazette, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the Schedule such substance or natural material or salt or preparation of such substance or material. CHAPTER II: AUTHIRITIES AND OFFICERS  4. Central Government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc.— (1) Subject to the provisions of this Act, the Central Government shall take all such measures as it deems necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein 2 [and for ensuring their medical and scientific use]. 1 Ins. by Act 2 of 1989, s. 3 (w.e.f. 29-5-1989). 2 Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014). (2) In particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the Central Government may take under that sub-section include measures with respect to all or any of the following matters, namely:— (a) coordination of actions by various officers, State Governments and other authorities— (i) under this Act, or (ii) under any other law for the time being in force in connection with the enforcement of the provisions of this Act; (b) obligations under the International Conventions; (c) assistance to the concerned authorities in foreign countries and concerned international organisations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances; (d) identification, treatment, education, after care, rehabilitation and social re-integration of addicts; 1 [(da) availability of narcotic drugs and psychotropic substances for medical and scientific use;] (e) such other matters as the Central Government deems necessary or expedient for the purpose of securing the effective implementation of the provisions of this Act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein. 1 Ins. by Act 16 of 2014, s. 3 (w.e.f. 1-5-2014). (3) The Central Government may, if it considers it necessary or expedient so to do for the purposes of this Act, by order, published in the Official Gazette, constitute an authority or a hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the Central Government under this Act and for taking measures with respect to such of the matters referred to in sub-section (2) as may be mentioned in the order, and subject to the supervision and control of the Central Government and the provisions of such order, such authority or authorities may exercise the powers and take the measures so mentioned in the order as if such authority or authorities had been empowered by this Act to exercise those powers and take such measures. 5. Officers of Central Government.— (1) Without prejudice to the provisions of sub-section (3) of section 4, the Central Government shall appoint a Narcotics Commissioner and may also appoint such other officers with such designations as it thinks fit for the purposes of this Act. (2) The Narcotics Commissioner shall, either by himself or through officers subordinate to him, exercise all powers and perform all functions relating to the superintendence of the cultivation of the opium poppy and production of opium and shall also exercise and perform such other powers and functions as may be entrusted to him by the Central Government. (3) The officers appointed under sub-section (1) shall be subject to the general control and direction of the Central Government, or, if so directed by that Government, also of the Board or any other authority or officer. 6. The Narcotic Drugs and Psychotropie Substances Consultative Committee.— (1) The Central Government may constitute, by notification in the Official Gazette, an advisory committee to be called “The Narcotic Drugs and Psychotropic Substances Consultative Committee” (hereafter in this section referred to as the Committee) to advise the Central Government on such matters relating to the administration of this Act as are referred to it by that Government from time to time. (2) The Committee shall consist of a Chairman and such other members, not exceeding twenty, as may be appointed by the Central Government. (3) The Committee shall meet when required to do so by the Central Government and shall have power to regulate its own procedure. (4) The Committee may, if it deems it necessary so to do for the efficient discharge of any of its functions, constitute one or more sub-committees and may appoint to any such sub-committee, whether generally or for the consideration of any particular matter, any person (including a non-official) who is not a member of the Committee. (5) The term of office of, the manner of filling casual vacancies in the offices of and the allowances, if any, payable to, the Chairman and other members of the Committee, and the conditions and restrictions subject to which the Committee may appoint a person who is not a member of the Committee as a member of any of its sub-committees, shall be such as may be prescribed by rules made by the Central Government. 7. Officers of State Government.— (1) The State Government may appoint such officers with such designations as it thinks fit for the purposes of this Act. (2) The officers appointed under sub-section (1) shall be subject to the general control and direction of the State Government, or, if so directed by that Government, also of any other authority or officer. 1 [CHAPTER II A: NATIONAL FUND FOR CONTROL OF DRUG ABUSE 7A. National Fund for Control of Drug Abuse. (1) The Central Government may, by notification in the Official Gazette, constitute a Fund to be called the National Fund for Control of Drug Abuse (hereafter in this Chapter referred to as the Fund) and there shall be credited thereto— (a) an amount which the Central Government may, after due appropriation made by Parliament by law in this behalf, provide; (b) the sale proceeds of any property forfeited under Chapter VA; (c) any grants that may be made by any person or institution; (d) any income from investment of the amounts credited to the Fund under the aforesaid provisions. 2 [(2) The Fund shall be applied by the Central Government to meet the expenditure incurred in connection with the measures taken for— (a) combating illicit traffic in narcotic drugs, psychotropic substances or controlled substances; (b) controlling the abuse of narcotic drugs and psychotropic substances; (c) identifying, treating, rehabilitating addicts; (d) preventing drug abuse; (e) educating public against drug abuse; (f) supplying drugs to addicts where such supply is a medical necessity. (3) The Central Government may constitute a Governing Body as it thinks fit to advise that Government and to sanction money out of the said Fund subject to the limit notified by the Central Government in the Official Gazette.] (4) The Governing Body shall consist of a Chairman (not below the rank of an Additional Secretary to the Central Government) and such other members not exceeding six as the Central Government may appoint. (5) The Governing Body shall have the power to regulate its own procedure. 1 Ins. by Act 2 of 1989, s. 4 (w.e.f. 29-5-1989). 2 Subs. by Act 9 of 2001, s. 4, for sub-sections (2) and (3) (w.e.f. 2-10-2001). 7B. Annual report of activities financed under the Fund. —The Central Government shall, as soon as may be, after the end of each financial year, cause to be published in the Official Gazette, a report giving an account of the activities financed under section 7A during the financial year, together with a statement of accounts.] CHAPTER III: PROHIBITION, CONTROL AND REGULATION  8. Prohibition of certain operations. —No person shall— (a) cultivate any coca plant or gather any portion of coca plant; or (b) cultivate the opium poppy or any cannabis plant; or (c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-State, export inter State, import into India, export from India or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation: Provided that, and subject to the other provisions of this Act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-State and export inter-State of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the Central Government may, by notification in the Official Gazette, specify in this behalf: 1 [Provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes.] 2 [ 8A. Prohibition of certain activities relating to property derived from offence. —No person shall— (a) convert or transfer any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of any other country or from an act of participation in such offence, for the purpose of concealing or disguising the illicit origin of the property or to assist any person in the commission of an offence or to evade the legal consequences; or (b) conceal or disguise the true nature, source, location, disposition of any property knowing that such property is derived from an offence committed under this Act or under any other corresponding law of any other country; or (c) knowingly acquire, possess or use any property which was derived from an offence committed under this Act or under any other corresponding law of any other country.] 9. Power of Central Government to permit, control and regulate.— (1) Subject to the provisions of section 8, the Central Government may, by rules— (a) permit and regulate— (i) the cultivation, or gathering of any portion (such cultivation or gathering being only on account of the Central Government) of coca plant, or the production, possession, sale, purchase, transport, import inter-State, export inter-State, use or consumption of coca leaves; (ii) the cultivation (such cultivation being only on account of Central Government) of the opium poppy; (iii) the production and manufacture of opium and production of poppy straw; 3 [(iiia) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw produced from plants from which no juice has been extracted through lancing;] (iv) the sale of opium and opium derivatives from the Central Government factories for export from India or sale to State Government or to manufacturing chemists; (v) the manufacture of manufactured drugs (other than prepared opium) but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; 3 [(va) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of essential narcotic drugs: Provided that where, in respect of an essential narcotic drug, the State Government hasgranted licence or permit under the provisions of section 10 prior to the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014 (16 of 2014), such licence or permit shall continue to be valid till the date of its expiry or for a period of twelve months from such commencement, whichever is earlier.] 1 Ins. by Act 2 of 1989, s. 5 (w.e.f. 29-5-1989). 2 Ins. by Act 9 of 2001, s. 5 (w.e.f. 2-10-2001). 3 Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014). (vi) the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances; (vii) the import into India and export from India and transhipment of narcotic drugs and psychotropic substances; (b) prescribe any other matter requisite to render effective the control of the Central Governmentover any of the matters specified in clause (a). (2) In particular and without prejudice to the generality of the foregoing power, such rules may— (a) empower the Central Government to fix from time to time the limits within which licences may be given for the cultivation of the opium poppy; (b) require that all opium, the produce of land cultivated with the opium poppy, shall be delivered by the cultivators to the officers authorised in this behalf by the Central Government; (c) prescribe the forms and conditions of licences for cultivation of the opium poppy and for production and manufacture of opium; the fees that may be charged therefor; the authorities by which such licences may be granted, withheld, refused or cancelled and the authorities before which appeals against the orders of withholding, refusal or cancellation of licences shall lie; (d) prescribe that opium shall be weighed, examined and classified according to its quality and consistence by the officers authorised in this behalf by the Central Government in the presence of the cultivator at the time of delivery by the cultivator; (e) empower the Central Government to fix from time to time the price to be paid to the cultivators for the opium delivered; (f) provide for the weighment, examination and classification, according to the quality and consistence, of the opium received at the factory and the deductions from or additions (if any) to the standard price to be made in accordance with the result of such examination; and the authorities by which the decisions with regard to the weighment, examination, classification, deductions or additions shall be made and the authorities before which appeals against such decisions shall lie; (g) require that opium delivered by a cultivator, if found as a result of examination in the Central Government factory to be adulterated, may be confiscated by the officers authorised in this behalf; (h) prescribe the forms and conditions of licences for the manufacture of manufactured drugs, the authorities by which such licences may be granted and the fees that may be charged therefor; 1 [(ha) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of essential narcotic drugs, the authorities by which such licence or permit may be granted and the fees that may be charged therefor;] (i) prescribe the forms and conditions of licences or permits for the manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of psychotropic substances, the authorities by which such licences or permits may be granted and the fees that may be charged therefor; (j) prescribe the ports and other places at which any kind of narcotic drugs or psychotropic substances may be imported into India or exported from India or transhipped; the forms and conditions of certificates, authorisations or permits, as the case may be, for such import, export or transhipment; the authorities by which such certificates, authorisations or permits may be granted and the fees that may be charged therefor. 1 Ins. by Act 16 of 2014, s. 4 (w.e.f. 1-5-2014). 1 [9A. Power to control and regulate controlled substances.— (1) If the Central Government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture ofany narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, manufacture, supply and distribution thereof and trade and commerce therein. (2) Without prejudice to the generality of the power conferred by sub-section (1), an order made thereunder may provide for regulating by licences, permits or otherwise, the production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption, use, storage, distribution, disposal or acquisition of any controlled substance.] 10. Power of State Government to permit, control and regulate.— (1) Subject to the provisions of section 8, the State Government may, by rules— (a) permit and regulate— (i) the possession, transport, import inter-State, export inter-State, warehousing, sale, purchase, consumption and use of poppy straw 2 [except poppy straw produced from plants from which no juice has been extracted through lancing]; (ii) the possession, transport, import inter-State, export inter-State, sale, purchase, consumption and use of opium; (iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-State, export inter-State, sale, purchase, consumption or use of cannabis (excluding charas); (iv) the manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; (v) the possession, transport, purchase, sale, import inter-State, export inter-State, use or consumption of 3 [manufactured drugs (other than prepared opium and essential narcotic drugs)] and of coca leaf and any preparation containing any manufactured drug; (vi) the manufacture and possession of prepared opium from opium lawfully possessed by an addict registered with the State Government on medical advice for his personal consumption: Provided that save in so far as may be expressly provided in the rules made under sub-clauses (iv)and (v), nothing in section 8 shall apply to the import inter-State, export inter-State, transport, possession, purchase, sale, use or consumption of manufactured drugs which are the property and inthe possession of the Government: Provided further that such drugs as are referred to in the preceding proviso shall not be sold or otherwise delivered to any person who, under the rules made by the State Government under the aforesaid sub-clauses, is not entitled to their possession; (b) prescribe any other matter requisite to render effective the control of the State Government over any of the matters specified in clause (a). (2) In particular and without prejudice to the generality of the foregoing power, such rules may— (a) empower the State Government to declare any place to be a warehouse wherein it shall be the duty of the owners to deposit all such poppy straw as is legally imported inter-State and is intended for export inter-State or export from India; to regulate the safe custody of such poppy straw warehoused and the removal of such poppy straw for sale or export inter-State or export from India; to levy fees for such warehousing and to prescribe the manner in which and the period after which the poppy straw warehoused shall be disposed of in default of payment of fees; (b) provide that the limits within which licences may be given for the cultivation of any cannabis plant shall be fixed from time to time by or under the orders of the State Government; (c) provide that only the cultivators licenced by the prescribed authority of the State Government shall be authorised to engage in cultivation of any cannabis plant; (d) require that all cannabis, the produce of land cultivated with cannabis plant, shall be delivered by the cultivators to the officers of the State Government authorised in this behalf; (e) empower the State Government to fix from time to time, the price to be paid to the cultivators for the cannabis delivered; (f) prescribe the forms and conditions of licences or permits for the purposes specified in sub-clauses (i) to (vi) of clause (a) of sub-section (1) and the authorities by which such licences or permits may be granted and the fees that may be charged therefor. 1 Ins. by Act 2 of 1989, s. 6 (w.e.f. 29-5-1989). 2 Ins. by Act 16 of 2014, s. 5 (w.e.f. 1-5-2014). 3 Subs. by s. 5, ibid., for “manufactured drugs other than prepared opium” (w.e.f. 1-5-2014). 11. Narcotic drugs and psychotropic substances, etc., not liable to distress or attachment. — Notwithstanding anything to the contrary contained in any law or contract, no narcotic drug, psychotropic substance, coca plant, the opium poppy or cannabis plant shall be liable to be distrained or attached by any person for the recovery of any money under any order or decree of any court or authority or otherwise. 12. Restrictions over external dealings in narcotic drugs and psychotropic substances. —No person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India and supplied to any person outside India save with the previous authorisation of the Central Government and subject to such conditions as may be imposed by that Government in this behalf. 13. Special provisions relating to coca plant and coca leaves for use in the preparation of flavouring agent. —Notwithstanding anything contained in section 8, the Central Government may permit, with or without conditions, and on behalf of Government, the cultivation of any coca plant or gathering of any portion thereof or the production, possession, sale, purchase, transport, import inter- State, export inter-State or import into India of coca leaves for use in the preparation of any flavouring agent which shall not contain any alkaloid and to the extent necessary for such use. 14. Special provision relating to cannabis. —Notwithstanding anything contained in section 8, Government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes. CHAPTER IV: OFFENCES AND PANALTIES  1 [15. Punishment for contravention in relation to poppy straw. —Whoever, in contravention of any provisions of this Act or any rule or order made or condition of a licence granted thereunder, produces, possesses, transports, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2 [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1 Subs. by Act 9 of 2001, s. 6, for sections 15 to 18 (w.e.f. 2-10-2001). 2 Subs. by Act 16 of 2014, s. 6, for “six months” (w.e.f. 1-5-2014). 16. Punishment for contravention in relation to coca plant and coca leaves. —Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees. 17. Punishment for contravention in relation to prepared opium. —Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses prepared opium shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 1 [one year], or with fine which may extend to ten thousand rupees, or with both; or (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; or (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 18. Punishment for contravention in relation to opium poppy and opium. —Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 2 [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees; (c) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees.] 1 Subs. by Act 16 of 2014, s. 7, for “six months” (w.e.f. 1-5-2014). 2 Subs. by s. 8, ibid., for “six months” (w.e.f. 1-5-2014). 19. Punishment for embezzlement of opium by cultivator. —Any cultivator licensed to cultivate the opium poppy on account of the Central Government who embezzles or otherwise illegally disposes of the opium produced or any part thereof, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 20. Punishment for contravention in relation to cannabis plant and cannabis. —Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder,— (a) cultivates any cannabis plant; or (b) produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses cannabis, shall be punishable,— 1 [(i)] where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine which may extend to one lakh rupees; and (ii) where such contravention relates to sub-clause (b),— (A) and involves small quantity, with rigorous imprisonment for a term which may extend to 2 [one year], or with fine which may extend to ten thousand rupees, or with both; (B) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (C) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.] 3 [21. Punishment for contravention in relation to manufactured drugs and preparations. — Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 4 [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to 10 years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than 10 years but which may extend to 20 years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to 2 lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding 2 lakh rupees. 22. Punishment for contravention in relation to psychotropic substances. —Whoever, incontravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 5 [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 1 Subs. by Act 9 of 2001, s. 7, for sub-clauses (i) and (ii) (w.e.f. 2-10-2001). 2 Subs. by Act 16 of 2014, s. 9, for “six months” (w.e.f. 1-5-2014). 3 Subs. by Act 9 of 2001, s. 8, for sections 21 to 23 (w.e.f. 2-10-2001). 4 Subs. by Act 16 of 2014, s. 10, for “six months” (w.e.f. 1-5-2014). 5 Subs. by s. 11, ibid., for “six months” (w.e.f. 1-5-2014). 23. Punishment for illegal import into India, export from India or transhipment of narcotic drugs and psychotropic substances. —Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence or permit granted or certificate or authorisation issued thereunder, imports into India or exports from India or tranships any narcotic drug or psychotropic substance shall be punishable,— (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to 1 [one year], or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees; (c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 24. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12. —Whoever engages in or controls any trade whereby a narcotic drug or a psychotropic substance is obtained outside India and supplied to any person outside India without the previous authorisation of the Central Government or otherwise than in accordance with the condition (if any) of such authorisation granted under section 12, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. 2 [25. Punishment for allowing premises, etc., to be used for commission of an offence. —Whoever, being the owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this Act, shall be punishable with the punishment provided for that offence.] 3 [25A. Punishment for contravention of orders made under section 9A. —If any person contravenes an order made under section 9A, he shall be punishable with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding one lakh rupees.] 1 Subs. by Act 16 of 2014, s. 12, for “six months” (w.e.f. 1-5-2014). 2 Subs. by Act 9 of 2001, s. 9, for section 25 (w.e.f. 2-10-2001). 3 Ins. by Act 2 of 1989, s. 7 (w.e.f. 29-5-1989). 26. Punishment for certain acts by licensee or his servants. —If the holder of any licence, permit or authorisation granted under this Act or any rule or order made thereunder or any person in his employ and acting on his behalf— (a) omits, without any reasonable cause, to maintain accounts or to submit any return in accordance with the provisions of this Act, or any rule made thereunder; (b) fails to produce without any reasonable cause such licence, permit or authorisation on demand of any officer authorised by the Central Government or State Government in this behalf; (c) keeps any accounts or makes any statement which is false or which he knows or has reason to believe to be incorrect; or (d) wilfully and knowingly does any act in breach of any of the conditions of licence, permit or authorisation for which a penalty is not prescribed elsewhere in this Act, he shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. 1 [27. Punishment for consumption of any narcotic drug or psychotropic substance. —Whoever, consumes any narcotic drug or psychotropic substance shall be punishable,— (a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetyl- morphine or any other narcotic drug or any psychotropic substance as may be specified in this behalf by the Central Government by notification in the Official Gazette, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to twenty thousand rupees; or with both; and (b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both.] 2 [27A. Punishment for financing illicit traffic and harbouring offenders. —Whoever indulges in financing, directly or indirectly, any, of the activities specified in sub-clauses (i) to (v) of 3 [clause (viiib) of section 2] or harbours any person engaged in any of the aforementioned activities, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.] 4 [27B. Punishment for contravention of section 8A.—Whoever contravenes the provision of section 8A shall be punishable with rigorous imprisonment for a term which shall not be less than three years but which may extend to ten years and shall also be liable to fine.] 1 Subs. by Act 9 of 2001, s. 10, for section 27 (w.e.f. 2-10-2001). 2 Ins. by Act 2 of 1989, s. 8 (w.e.f. 29-5-1989). 3 Subs. by Act 48 of 2021, s. 2, for “clause (viiia) of section 2” (w.e.f. 1-5-2014). 4 Ins. by Act 16 of 2014, s. 13 (w.e.f. 1-5-2014). 28. Punishment for attempts to commit offences. —Whoever attempts to commit any offence punishable under this Chapter or to cause such offence to be committed and in such attempt does any act towards the commission of the offence shall be punishable with the punishment provided for the offence. 29. Punishment for abetment and criminal conspiracy.— (1) Whoever abets, or is a party to a criminal conspiracy to commit, an offence punishable under this Chapter, shall, whether such offence be or be not committed in consequence of such abetment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence. (2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India, abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which— (a) would constitute an offence if committed within India; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence punishable under this Chapter, if committed within India. 30. Preparation. —If any person makes preparation to do or omits to do anything which constitutes an offence punishable under any of the provisions of 1 [sections 19, 24 and 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case] it may be reasonably inferred that he was determined to carry out his intention to commit the offence but had been prevented by circumstances independent of his will, he shall be punishable with rigorous imprisonment for a term which shall not be less than one-half of the minimum term (if any), but which may extend to one-half of the maximum term, of imprisonment with which he would have been punishable in the event of his having committed such offence, and also with fine which shall not be less than one-half of the minimum amount (if any), of fine with which he would have been punishable, but which may extend to one-half of the maximum amount of fine with which he would have ordinarily (that is to say in the absence of special reasons) been punishable, in the event aforesaid: Provided that the court may, for reasons to be recorded in the Judgment, impose a higher fine. 2 [31. Enhanced punishment for offences after previous conviction.— (1) If any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under this Act is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence punishable under this Act with the same amount of punishment shall be punished for the second and every subsequent offence with rigorous imprisonment for a term which may extend to 3 [one and one-half times of the maximum term] of imprisonment, and also be liable to fine which shall extend to 4 [one and one-half times of the maximum amount] of fine. (2) Where the person referred to in sub-section (1) is liable to be punished with a minimum term of imprisonment and to a minimum amount of fine, the minimum punishment for such person shall be 5 [one and one-half times of the minimum term] of imprisonment and 6 [one and one-half times of theminimum amount] of fine: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding the fine for which a person is liable. (3) Where any person is convicted by a competent court of criminal jurisdiction outside India under any corresponding law, such person, in respect of such conviction, shall be dealt with for the purposes of sub-sections (1) and (2) as if he had been convicted by a court in India.] 7 [31A. Death penalty for certain offences after previous conviction.— (1) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under 8 [section 19, section 24, section 27A and for offences involving commercial quantity of any narcotic drug or psychotropic substance], is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to,— (a) engaging in the production, manufacture, possession, transportation, import into India, export from India or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the Table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said Table:  1 Subs. by Act 9 of 2001, s. 11, for certain words, figures and brackets (w.e.f. 2-10-2001). 2 Subs. by s. 12, ibid., for section 31 (w.e.f. 2-10-2001). 3 Subs. by Act 16 of 2014, s. 14, for “one-half of the maximum term” (w.e.f. 1-5-2014). 4 Subs. by s. 14, ibid., for “one-half of the maximum amount” (w.e.f. 1-5-2014). 5 Subs. by s. 14, ibid., for “one-half of the minimum term” (w.e.f. 1-5-2014). 6 Subs. by s. 14, ibid., for “one-half of the minimum amount” (w.e.f. 1-5-2014). 7 Ins. by Act 2 of 1989, s. 9 (w.e.f. 29-5-1989). 8 Subs. by Act 9 of 2001, s. 13, for “section 15 to section 25 (both inclusive) or section 27A” (w.e.f. 2-10-2001). TABLE Particulars of narcotic drugs/psychotropic substances  Quantity (1)  (2) (i) Opium  10 kgs. (ii) Morphine 1 kg. (iii) Heroin  1 kg (iv) Codeine  1 kg (v) Thebaine  1 kg. (vi) Cocaine  500 grams (vii) Hashish 20 kgs. (viii) Any mixture with or without any neutral material of any of the 1 [lesser of the quantity above drugs between the quantities given against the respective narcotic drugs or psychotropic substances mentioned above forming part of the mixture] (ix)  LSD, LSD-25 (+) - N, N-Diethyllyser gamide (d-lysergic acid diethylamide) 500 grams (x)  THC (Tetrahydrocannabinols, the following Isomers: 6a (10a), 6a (7),7,8,9,10,9 (11) and their stereochemical variants) 500 grams (xi) Methamphetamine(+ )-2-Methylamine-l-Phenylpropane 1,500 gram (xii) Methaqualone (2-Methyl-3-0-tolyl-4-(3h—)quinazolinone) 1,500 gram (xiii) Amphetamine (+)-2-amino-1-phenylpropane 1,500 gram (xiv)  Salts and preparations of the psychotropic substances mentioned in (ix) to (xiii) 1,500 gram; (b) financing, directly or indirectly, any of the activities specified in clause (a), 2 [shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death]. (2) Where any person is convicted by a competent court of criminal jurisdiction outside India under any law corresponding to the provisions of 3 [section 19, section 24 or section 27A and for offences involving commercial quality of any narcotic drug or psychotropic substance], such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a court in India.] 1 Subs. by Act 9 of 2001, s. 13, for “1,500 grams” (w.e.f. 2-10-2001). 2 Subs. by Act 16 of 2014, s. 15, for “shall be punishable with death” (w.e.f. 1-5-2014). 3 Subs. by Act 9 of 2001, s. 13, for certain words, figures and brackets (w.e.f. 2-10-2001). 32. Punishment for offence for which no punishment is provided. —Whoever contravenes any provision of this Act or any rule or order made, or any condition of any licence, permit or authorisation issued thereunder for which no punishment is separately provided in this Chapter, shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. 1 [32A. No suspension, remission or commutation in any sentence awarded under this Act. — Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force but subject to the provisions of section 33, no sentence awarded under this Act (other than section 27) shall be suspended or remitted or commuted.] 2 [32B. Factors to be taken into account for imposing higher than the minimum punishment. — Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely:— (a) the use or threat of use of violence or arms by the offender; (b) the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c) the fact that the minors are affected by the offence or the minors are used for the commission of an offence; (d) the fact that the offence is committed in an educational institution or social service facility or in the immediate vicinity of such institution or faculty or in other place to which school children and students resort for educational, sports and social activities; (e) the fact that the offender belongs to organised international or any other criminal group which is involved in the commission of the offence; and (f) the fact that the offender is involved in other illegal activities facilitated by commission of the offence. 1 Ins. by Act 2 of 1989, s. 10 (w.e.f. 29-5-1989). 2 Ins. by Act 9 of 2001, s. 14 (w.e.f. 2-10-2001). 33. Application of section 360 of the Code of Criminal Procedure, 1973 and of the Probation of Offenders Act, 1958. —Nothing contained in section 360 of the Code of Criminal Procedure, 1973 (2 of 1974) or in the Probation of Offenders Act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this Act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27. 34. Security for abstaining from commission of offence.— (1) Whenever any person is convicted of an offence punishable under any provision of Chapter IV and the court convicting him is of opinion that it is necessary to require such person to execute a bond for abstaining from the commission of any offence under this Act, the court may, at the time of passing sentence on such person, order him to execute a bond for a sum proportionate to his means, with or without sureties, for abstaining from commission of any offence under Chapter IV during such period not exceeding three years as it thinks fit to fix. (2) The bond shall be in such form as may be prescribed by the Central Government and the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), shall, in so far as they are applicable, apply to all matters connected with such bond as if it were a bond to keep the peace ordered to be executed under section 106 of that Code. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an appellate court or by the High Court or Sessions Judge when exercising the powers of revision. 35. Presumption of culpable mental state.— (1) In any prosecution for an offence under this Act which requires a culpable mental state of the accused, the court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution. Explanation.— In this section “culpable mental state” includes intention motive, knowledge of a fact and belief in, or reason to believe, a fact. (2) For the purpose of this section , a fact is said to be proved only when the court believes it to exist beyond a reasonable doubt and not merely when its existence is established by a preponderance of probability. 1 [36. Constitution of Special Court.— (1) The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Court as may be necessary for such area or areas as may be specified in the notification. (2) A Special Court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the Chief Justice of the High Court. Explanation. —In this sub-section, “High Court” means the High Court of the State in which the Sessions Judge or the Additional Sessions Judge of a Special Court was working immediately before his appointment as such Judge. (3) A person shall not be qualified for appointment as a Judge of a Special Court unless he is, immediately before such appointment, a Sessions Judge or an Additional Sessions Judge. 1 Subs. by Act 2 of 1989, s. 11, for section 36 (w.e.f. 29-5-1989). 1 [36A. Offences triable by Special Courts.— (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) all offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government; (b) where a person accused of or suspected of the commission of an offence under this Act is forwarded to a Magistrate under sub-section (2) or sub-section (2A) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), such Magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such Magistrate is a Judicial Magistrate and seven days in the whole where such Magistrate is an Executive Magistrate: Provided that in cases which are triable by the Special Court where such Magistrate considers— (i) when such person is forwarded to him as aforesaid; or (ii) upon or at any time before the expiry of the period of detention authorised by him, that the detention of such person is unnecessary, he shall order such person to be forwarded to the Special Court having jurisdiction; (c) the Special Court may exercise, in relation to the person forwarded to it under clause (b), the same power which a Magistrate having jurisdiction to try a case may exercise under section 167 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation to an accused person in such case who has been forwarded to him under that section; (d) a Special Court may, upon perusal of police report of the facts constituting an offence under this Act or upon complaint made by an officer of the Central Government or a State Government authorised in his behalf, take cognizance of that offence without the accused being committed to it for trial. (2) When trying an offence under this Act, a Special Court may also try an offence other than an offence under this Act with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial. (3) Nothing contained in this section shall be deemed to affect the special powers of the High Court regarding bail under section 439 of the Code of Criminal Procedure, 1973 (2 of 1974), and the High Court may exercise such powers including the power under cluase (b) of sub-section (1) of that section as if the reference to “Magistrate” in that section included also a reference to a “Special Court” constituted under section 36. (4) In respect of persons accused of an offence punishable under section 19 or section 24 or section 27A or for offences involving commercial quantity the references in sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974) thereof to “ninety days”, where they occur, shall be construed as reference to “one hundred and eighty days”: Provided that, if it is not possible to complete the investigation within the said period of one hundred and eighty days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of one hundred and eighty days. (5) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the offences punishable under this Act with imprisonment for a term of not more than three years may be tried summarily.] 1 Subs. by Act 9 of 2001, s. 15, for section 36A (w.e.f. 2-10-2001). 36B. Appeal and revision. —The High Court may exercise, so for as may be applicable, all the powers conferred by Chapters XXIX and XXX of the Code of Criminal Procedure, 1973 (2 of 1974) on a High Court, as if a Special Court within the local limits of the jurisdiction of the High Court were a Court of Session trying cases within the local limits of the jurisdiction of the High Court. 36C. Application of Code to proceedings before a Special Court. —Save as otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), (including the provisions as to bail and bonds) shall apply to the proceedings before a Special Court and for the purposes of the said provisions, the Special Court shall be deemed to be a Court of Session and the person conducting a prosecution before a Special Court, shall be deemed to be a Public Prosecutor. 1 [36D. Transitional provisions.— (1) Any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989), which is triable by a Special Court shall, until a Special Court is constituted under section 36, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), be tried by a Court of Session. (2) Where any proceedings in relation to any offence committed under this Act on or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 (2 of 1989) are pending before a Court of Session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard and disposed of by the Court of Session: Provided that nothing contained in this sub-section shall affect the power of the High Court under section 407 of the Code of Criminal Procedure, 1973 (2 of 1974) to transfer any case or class of cases taken cognizance by a Court of Session under sub-section (1).] 2 [37. Offences to be cognizable and non-bailable.— (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for 3 [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless— (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there arereasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.]. 1 Subs. by Act 9 of 2001, s. 16, for section 36D (w.e.f. 2-10-2001). 2 Subs. by Act 2 of 1989, s. 12, for section 37 (w.e.f. 29-5-1989). 3 Subs. by Act 9 of 2001, s. 17, for “a term of imprisonment of five years or more under this Act” (w.e.f. 2-10-2001). 38. Offences by companies.— (1) Where an offence under Chapter IV has been committed by a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punishedaccordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under Chapter IV has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. —For the purposes of this section,— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm. 39. Power of court to release certain offenders on probation.— (1) When any addict is found guilty of an offence punishable under section 27 1 [or for offences relating to small quantity of any narcotic drug or psychotropic substance] and if the court by which he is found guilty is of the opinion, regard being had to the age, character, antecedents or physical or mental condition of the offender, that it is expedient so to do, then, notwithstanding anything contained in this Act or any other law for the time being in force, the court may, instead of sentencing him at once to any imprisonment, with his consent, direct that he be released for undergoing medical treatment for de-toxification or de-addiction from a hospital or an institution maintained or recognised by Government and on his entering into a bond in the form prescribed by the Central Government, with or without sureties, to appear and furnish before the court within a period not exceeding one year, a report regarding the result of his medical treatment and, in the meantime, to abstain from the commission of any offence under Chapter IV. (2) If it appears to the court, having regard to the report regarding the result of the medical treatment furnished under sub-section (1), that it is expedient so to do, the court may direct the release of the offender after due admonition on his entering into a bond in the form prescribed by the Central Government, with or without sureties, for abstaining from the commission of any offence under Chapter IV during such period not exceeding three years as the court may deem fit to specify or on hisfailure so to abstain, to appear before the court and receive sentence when called upon during such period. 1 Ins. by Act 9 of 2001, s. 18 (w.e.f. 2-10-2001).  40. Power of court to publish names, place of business, etc., of certain offenders.— (1) Where any person is convicted of any of the offences punishable under section 15 to section 25 (both inclusive),section 28, section 29 or section 30, it shall be competent for the court convicting the person to cause the name and place of business or residence of such person, nature of the contravention, the fact that the person has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of such person in such newspapers or in such manner as the court may direct. (2) No publication under sub-section (1) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such appeal, having been preferred, has been disposed of. (3) The expenses of any publication under sub-section (1) shall be recoverable from the convicted person as if it were a fine imposed by the court. CHAPTER V: PROCEDURE 1 [41. Power to issue warrant and authorisation.— (l) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed: (2) Any such officer of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the Central Government including the para-military forces or the armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer of the revenue, drugs control, excise, police or any other department of a StateGovernment as is empowered in this behalf by general or special order of the State Government if he has reason to believe from personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this Act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or place, may authorise any officer subordinate to him but superior in rank to a peon, sepoy or a constable to arrest such a person or search a building, conveyance or place whether by day or by night or himself arrest such a person or search a building, conveyance or place. (3) The officer to whom a warrant under sub-section (1) is addressed and the officer who authorised the arrest or search or the officer who is so authorised under sub-section (2) shall have all the powers of an officer acting under section 42. 1 Subs. by Act 9 of 2001, s. 19, for sections 41 to 43 (w.e.f. 2-10-2001). 42. Power of entry, search, seizure and arrest without warrant or authorisation.— (l) Any such officer (being an officer superior in rank to a peon, sepoy or constable) of the departments of central excise, narcotics, customs, revenue intellegence or any other department of the Central Government including para-military forces or armed forces as is empowered in this behalf by general or special order by the Central Government, or any such officer (being an officer superior in rank to a peon, sepoy or constable) of the revenue, drugs control, excise, police or any other department of a State Government as is empowered in this behalf by general or special order of the State Government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this Act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset,— (a) enter into and search any such building, conveyance or place; (b) in case of resistance, break open any door and remove any obstacle to such entry; (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation unde this Act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under this Act or furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; and (d) detain and search, and, if he thinks proper, arrest any person whom he has reason to believe to have committed any offence punishable under this Act: 1 [Provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic substances or controlled substances granted under this Act or any rule or order made thereunder, such power shall be exercised by an officer not below the rank of sub-inspector: Provided further that] if such officer has reason to believe that a search warrant or authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may enter and search such building, conveyance or enclosed place at any time between sunset and sunrise after recording the grounds of his belief. (2) Where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under the proviso thereto, he shall within seventy-two hours send a copy thereof to his immediate official superior. 43. Power of seizure and arrest in public place. —Any officer of any of the departments mentioned in section 42 may— (a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this Act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this Act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under this Act or any document or other article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under Chapter VA of this Act; (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this Act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. Explanation. —For the purposes of this section, the expression “public place” includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public.] 44. Power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant. —The provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offence punishable under Chapter IV and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance 2 [or controlled substance], shall be construed as including references to coca plant, the opium poppy and cannabis plant. 45. Procedure where seizure of goods liable to confiscation not practicable. —Where it is not practicable to seize any goods (including standing crop) which are liable to confiscation under this Act, any officer duly authorised under section 42 may serve on the owner or person in possession of the goods, an order that he shall not remove, part with or otherwise deal with the goods except with the previous permission of such officer. 1 Subs. by Act 16 of 2014, s. 16, for “Provided that” (w.e.f. 1-5-2014). 2 Ins. by Act 9 of 2001, s. 20 (w.e.f. 2-10-2001). 46. Duty of land holder to give information of illegal cultivation. —Every holder of land shall give immediate information to any officer of the Police or of any of the departments mentioned in section 42 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such information, shall be liable to punishment. 47. Duty of certain officers to give information of illegal cultivation. —Every officer of the Government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the Police or of any of the departments mentioned in section 42 when it may come to his knowledge that any land has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the Government, panch, sarpanch and other village officer who neglects to give such information shall be liable to punishment. 48. Power of attachment of crop illegally cultivated. —Any Metropolitan Magistrate, Judicial Magistrate of the first class or any Magistrate specially empowered in this behalf by the State Government 1 [or any officer of a gazetted rank empowered under section 42] may order attachment of any opium poppy, cannabis plant or coca plant which he has reason to believe to have been illegally cultivated and while doing so may pass such order (including an order to destroy the crop) as he thinks fit. 49. Power to stop and search conveyance. —Any officer authorised under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance 2 [or controlled substance], in respect of which he suspects that any provision of this Act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and— (a) rummage and search the conveyance or part thereof; (b) examine and search any goods on the animal or in the conveyance; (c) if it becomes necessary to stop the animal or the conveyance, he may use all lawful means for stopping it, and where such means fail, the animal or the conveyance may be fired upon. 50. Conditions under which search of persons shall be conducted.— (1) When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to nearest Gazetted Officer of any of the departments mentioned in section 42 or to the nearest Magistrate. (2) If such requisition is made, the officer may detain the person until he can bring him before the Gazetted Officer or the Magistrate referred to in sub-section (1). (3) The Gazetted Officer or the Magistrate before whom any such person is brought shall, if he sees no reasonable ground for search, forthwith discharge the person but otherwise shall direct that search be made. (4) No female shall be searched by anyone excepting a female. 3 [(5) When an officer duly authorised under section 42 has reason to believe that it is not possible to take the person to be searched to the nearest Gazetted Officer or Magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest Gazetted Officer or Magistrate, proceed to search the person as provided under section100 of the Code of Criminal Procedure, 1973 (2 of 1974). (6) After a search is conducted under sub-section (5), the officer shall record the reasons for such belief which necessitated such search and within seventy-two hours send a copy thereof to his immediate official superior.] 1 Ins. by Act 2 of 1989, s. 13 (w.e.f. 29-5-1989). 2 Ins. by Act 9 of 2001, s. 21 (w.e.f. 2-10-2001). 3 Ins. by s. 22, ibid. (w.e.f. 2-10-2001). 1 [50A. Power to undertake controlled delivery. —The Director General of Narcotics Control Bureau constituted under sub-section (3) of section 4 or any other officer authorised by him in this behalf may, notwithstanding anything contained in this Act, undertake controlled delivery of any consignment to— (a) any destination in India; (b) a foreign country, in consultation with the competent authority of such foreign country to which such consignment is destined, in such manner as may be prescribed.] 51. Provisions of the code of Criminal Procedure, 1973 to apply to warrants, arrests, searches and seizures. —The provisions of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply, in so far as they are not inconsistent with the provisions of this Act, to all warrants issued and arrests, searches and seizures made under this Act. 52. Disposal of persons arrested and articles seized.— (1) Any officer arresting a person under section 41, section 42, section 43 or section 44 shall, as soon as may be, inform him of the grounds for such arrest. (2) Every person arrested and article seized under warrant issued under sub-section (1) of section 41 shall be forwarded without unnecessary delay to the Magistrate by whom the warrant was issued. (3) Every person arrested and article seized under sub-section (2) of section 41, section 42, section 43 or section 44 shall be forwarded without unnecessary delay to— (a) the officer-in-charge of the nearest police station, or (b) the officer empowered under section 53. (4) The authority or officer to whom any person or article is forwarded under sub-section (2) or sub-section (3) shall, with all convenient despatch, take such measures as may be necessary for the disposal according to law of such person or article. 2 [52A. Disposal of seized narcotic drugs and psychotropic substances.— 3 [(1) The Central Government may, having regard to the hazardous nature, vulnerability to theft, substitution, constraint of proper storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the Official Gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as that Government may, from time to time, determine after following the procedure hereinafter specified.] (2) Where any 4 [narcotic drugs, psychotropic substances, controlled substances or conveyances] has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered under section 53, the officer referred to in sub-section (1) shall prepare an inventory of such 4 [narcotic drugs, psychotropic substances, controlled substances or conveyances] containing such details relating to their description, quality, quantity, mode of packing, marks, numbers or such other identifying particulars of the 4 [narcotic drugs, psychotropic substances, controlled substances or conveyances] or the packing in which they are packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the 4[narcotic drugs, psychotropic substances, controlled substances or conveyances] in any proceedings under this Act and make an application, to any Magistrate for the purpose of— (a) certifying the correctness of the inventory so prepared; or (b) taking, in the presence of such magistrate, photographs of 5 [such drugs, substances or conveyances] and certifying such photographs as true; or (c) allowing to draw representative samples of such drugs or substances, in the presence of such magistrate and certifying the correctness of any list of samples so drawn. (3) Where an application is made under sub-section (2), the Magistrate shall, as soon as may be, allow the application. (4) Notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1972) or the Code of Criminal Procedure, 1973 (2 of 1974), every court trying an offence under this Act, shall treat the innventory, the photographs of  6 [narcotic drugs, psychotropic substances, controlled substances or conveyances] and any list of samples drawn under sub-section (2) and certified by the Magistrate, as primary evidence in respect of such offence.] 1 Ins. by Act 9 of 2001, s. 23 (w.e.f. 2-10-2001). 2 Ins. by Act 2 of 1989, s. 14 (w.e.f. 29-5-1989). 3 Subs. by Act 16 of 2014, s. 17, for sub-section (1) (w.e.f. 1-5-2014). 4 Subs. by s. 17, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 1-5-2014) 5 Subs. by s. 17, ibid., for “such drugs or substances” (w.e.f. 1-5-2014). 6 Subs. by Act 16 of 2014, s.17, for “narcotic drugs or psychotropic substances” (w.e.f. 1-5-2014). 53. Power to invest officers of certain departments with powers of an officer-in-charge of a police station.— (1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence 1 [or any other department of the Central Government including para-military forces or armed forces] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act. (2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise 2 [or any other department] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of offences under this Act. 3 [53A. Relevancy of statements under certain circumstances.— (1) A statement made and signed by a person before any officer empowered under section 53 for the investigation of offences, during the course of any inquiry or proceedings by such officer, shall be relevant for the purpose of proving, in any prosecution for an offence under this Act, the truth of the facts which it contains,— (a) when the person who made the statement is dead or connot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or whose presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the court considers unreasonable; or (b) when the person who made the statement is examined as a witness in the case before the court and the court is of the opinion that, having regard to the circumstances of the case, the statement should be admitted in evidence in the interest of justice. (2) The provisions of sub-section (1) shall, so far as may be, apply in relation to any proceedings under this Act or the rules or orders made thereunder, other than a proceeding before a court, as they apply in relation to a proceeding before a court.] 4 [54. Presumption from possession of illicit articles. —In trials under this Act, it may be presumed, unless and until the contrary is proved, that the accused has committed an offence under this Act in respect of— (a) any narcotic drug or psychotropic substance or controlled substance; (b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated; (c) any apparatus specially designed or any group of utensils specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or (d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic drug or psychotropic substance or controlled substance has been manufactured, for the possession of which he fails to account satisfactorily]. 1 Subs. by Act 9 of 2001, s. 24, for “or Border Security Force” (w.e.f. 2-10-2001). 2 Ins. by s. 24, ibid. (w.e.f. 2-10-2001). 3 Ins. by Act 2 of 1989, s. 15 (w.e.f. 29-5-1989). 4 Subs. by Act 9 of 2001, s. 25, for section 54 (w.e.f. 2-10-2001). 55. Police to take charge of articles seized and delivered. —An officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the Magistrate, all articles seized  under this Act within the local area of that police station and which may be delivered to him, and shall allow any officer who may accompany such articles to the police station or who may be deputed for the purpose, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station. 56. Obligation of officers to assist each other. —All officers of the several departments mentioned in section 42 shall, upon notice given or request made, be legally bound to assist each other in carrying out the provisions of this Act. 57. Report of arrest and seizure. —Whenever any person makes any arrest or seizure under this Act, he shall, within forty-eight hours next after such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate official superior. 1 [57A. Report of seizure of property of the person arrested by the notified officer. —Whenever any officer notified under section 53 makes an arrest or seizure under this Act, and the provisions of Chapter VA apply to any person involved in the case of such arrest or seizure, the officer shall make a report of the illegally acquired properties of such person to the jurisdictional competent authority within ninety days of the arrest or seizure]. 58. Punishment for vexatious entry, search, seizure or arrest.— (1) Any person empowered under section 42 or section 43 or section 44 who— (a) without reasonable ground of suspicion enters or searches, or causes to be entered or searched, any building, conveyance or place; (b) vexatiously and unnecessarily seizes the property of any person on the pretence of seizing or searching for any narcotic drug or psychotropic substance or other article liable to be confiscated under this Act, or of seizing any document or other article liable to be seized under section 42, section 43 or section 44; or (c) vexatiously and unnecessarily detains, searches or arrests any person, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees, or with both. (2) Any person wilfully and maliciously giving false information and so causing an arrest or a search being made under this Act shall be punishable with imprisonment for a term which may extend to two years or with fine or with both. 59. Failure of officer in duty or his connivance at the contravention of the provisions of this Act.— (1) Any officer, on whom any duty has been imposed by or under this Act and who ceases or refuses to perform or withdraws himself from the duties of his office shall, unless he has obtained the express written permission of his official superior or has other lawful excuse for so doing, be punishable with imprisonment for a term which may extend to one year or with fine or with both. 2 [(2) Any officer on whom any duty has been imposed by or under this Act or any person who has been given the custody of— (a) any addict; or (b) any other person who has been charged with an offence under this Act, and who wilfully aids in, or connives at, the contravention of any provision of this Act or any rule or order made thereunder, shall be punishable with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees. Explanation. —For the purposes of this sub-section, the expression “officer” includes any person employed in a hospital or institution maintained or recognised by the Government or a local authority under section 64A for providing de-addiction treatment.]complaint in writing made with the previous sanction of the Central Government, or as the case may be, the State Government. (3) No court shall take cognizance of any offence under sub-section (1) or sub-section (2) except on a 1 Ins. by Act 16 of 2014, s. 18 (w.e.f. 1-5-2014). 2 Subs. by Act 2 of 1989, s. 16, for sub-section (2) (w.e.f. 29-5-1989). 60. Liability of illicit drugs, substances, plants, articles and conveyances to confiscation.— 1 [(1) Whenever any offence punishable under this Act has been committed, the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant, materials, apparatus and utensils in respect of which or by means of which such offence has been committed, shall be liable to confiscation.] (2) Any narcotic drug or psychotropic substance 2 [or controlled substances] lawfully produced, imported inter-State, exported inter-State, imported into India, transported, manufactured, possessed, used, purchased or sold along with, or in addition to, any narcotic drug or psychotropic substance 2 [or controlled substances] which is liable to confiscation under sub-section (1) and the receptacles, packages and coverings in which any narcotic drug or psychotropic substance 2 [or controlled substances], materials, apparatus or utensils liable to confiscation under sub-section (1) is found, and the other contents, if any, of such receptacles or packages shall likewise be liable to confiscation. (3) Any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2 [or controlled substances], or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of the owner himself, his agent, if any, and the person-in-charge of the animal or conveyance and that each of them had taken all reasonable precautions against such use. 61. Confiscation of goods used for concealing illicit drugs or substances. —Any goods used for concealing any 3 [narcotic drug, psychotropic substance or controlled substance] which is liable to confiscation under this Act shall also be liable to confiscation. Explanation. —In this section “goods” does not include conveyance as a means of transport. 62. Confiscation of sale proceeds of illicit drugs or substances. —Where any 4 [narcotic drug, psychotropic substance or controlled substance] is sold by a person having knowledge or reason to believe that the drug or substance is liable to confiscation under this Act, the sale proceeds thereof shall also be liable to confiscation. 63. Procedure in making confiscations.— (1) In the trial of offences under this Act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this Act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order confiscation accordingly. (2) Where any article or thing seized under this Act appears to be liable to confiscation under section 60 or section 61 or section 62, but the person who committed the offence in connection therewith is not known or cannot be found, the court may inquire into and decide such liability, and may order confiscation accordingly: Provided that no order of confiscation of an article or thing shall be made until the expiry of one month from the date of seizure, or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in respect of his claim: Provided further that if any such article or thing, other than a narcotic drug, psychotropic substance 5 [controlled substance], the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale would be for the benefit of its owner, it may at any time direct it to be sold; and the provisions of this sub-section shall, as nearly as may be practicable, apply to the net proceeds of the sale. 1 Subs. by Act 9 of 2001, s. 26, for sub-section (1) (w.e.f. 2-10-2001). 2 Ins. by s. 26, ibid. (w.e.f. 2-10-2001). 3 Subs. by s. 27, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 2-10-2001). 4 Subs. by s. 28, ibid., for “narcotic drug or psychotropic substance” (w.e.f. 2-10-2001). 5 Ins. by s. 29, ibid. (w.e.f. 2-10-2001). 64. Power to tender immunity from prosecution.— (1) The Central Government or the State Government may, if it is of opinion (the reasons for such opinion being recorded in writing) that with a view to obtaining the evidence of any person appearing to have been directly or indirectly concerned in or privy to the contravention of any of provisions of this Act or of any rule or order made thereunder it is necessary or expedient so to do, tender to such person immunity from prosecution for any offence under this Act or under the Indian Penal Code (45 of 1860) or under any other Central Act or State Act, as the case may be, for the time being in force, on condition of his making a full and true disclosure of the whole circumstances relating to such contravention. (2) A tender of immunity made to, and accepted by, the person concerned, shall, to the extent to which the immunity extends, render him immune from prosecution for any offence in respect of which the tender was made. (3) If it appears to the Central Government or, as the case may be, the State Government, that any person to whom immunity has been tendered under this section has not complied with the conditions on which the tender was made or is wilfully concealing anything or is giving false evidence, the Central Government or, as the case may be, the State Government, may record a finding to that effect and thereupon the immunity shall be deemed to have been withdrawn and such person may be tried for the offence in respect of which the tender of immunity was made or for any other offence of which he appears to have been guilty in connection with the same matter. 2 [64A. Immunity from prosecution to addicts volunteering for treatment. — Any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognised by the Government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances: Provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction.] 65. [Power to make rules regulating disposal of confiscated articles and rewards]. —Omitted by the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1989 (2 of 1989), s. 18(w.e.f. 29-5-1989). 66. Presumption as to documents in certain cases. —Where any document— (i) is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this Act or under any other law, or (ii) has been received from any place outside India (duly authenticated by such authority or person and in such manner as may be prescribed by the Central Government) in the course of investigation of any offence under this Act alleged to have been committed by a person, and such document is tendered in any prosecution under this Act in evidence against him, or against him and any other person who is tried jointly with him, the court shall— (a) presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person or which the court may reason ably assume to have been signed by, or to be in the handwriting of, any particular person, is in that person’s handwriting; and in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been so executed or attested; (b) admit the document in evidence, notwithstanding that it is not duly stamped, if such document is otherwise admissible in evidence; (c) examine any person acquainted with the facts and circumcontrary is proved, the truth of the contents of such document. 1 Sub-section (3) omitted by Act 9 of 2001, s. 29 (w.e.f. 2-10-2001). 2 Subs. by s. 30, ibid., for section 64A (w.e.f. 2-10-2001). 67. Power to call for information, etc. —Any officer referred to in section 42 who is authorised in this behalf by the Central Government or a State Government may, during the course of any enquiry in connection with the contravention of any provision of this Act,— (a) call for information from any person for the purpose of satisfying himself whether there has been any contravention of the provisions of this Act or any rule or order made thereunder; (b) require any person to produce or deliver any document or thing useful or relevant to the enquiry; (c) examine any person acquainted with the facts and circumstances of the case. 68. Information as to commission of offences. —No officer acting in exercise of powers vested in him under any provision of this Act or any rule or order made thereunder shall be compelled to say whence he got any information as to the commission of any offence. 1 [CHAPTER VA: 2 [FORFEITURE OF  ILLEGALLY ACQUIRED PROPERTY] 68A. Application.— (1) The provisions of this Chapter shall apply only to the persons specified in sub-section (2). (2) The persons referred to in sub-section (1) are the following, namely:— (a) every person who has been convicted of an offence punishable under this Act with imprisonment for a term of 3 [ten] years or more; (b) every person who has been convicted of a similar offence by a competent court of criminal jurisdiction outside India; (c) every person in respect of whom an order of detention has been made under the Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (46 of 1988), or under the Jammu and Kashmir Prevention of IIicit Traffic in Narcotic Drugs and Psychotropic Substances Act,1988; 4 [(cc) every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this Act with imprisonment for a term of ten years or more, and every person who has been arrested or against whom a warrant or authorisation of arrest has been issued for the commission of a similar offence under any corresponding law of any other country.] Provided that such order of detention has not been revoked on the report of the Advisory Board constituted under the said Acts or such order of detention has not been set aside by a court of competent jurisdiction; (d) every person who is a relative of a person referred to in clause (a) or clause (b) or clause (c) 4 [or clause (cc)]; (e) every associate of a person referred to in clause (a) or clause (b) or clause (c) 4[or clause (cc)]; (f) any holder (hereafter in this clause referred to as the “present holder”) of any property which was at any time previously held by a person referred to in clause (a) or clause (b) or clause (c) 4[or clause (cc)]; unless the present holder or, as the case may be, any one who held such property after such person and before the present holder, is or was a transferee in good faith for adequate consideration. 1 Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989). 2 Subs. by Act 16 of 2014, s. 19, for “FORFEITURE OF PROPERTY DERIVED FROM, OR USED, IN ILLICIT TRAFFIC” (w.e.f. 1-5-2014). 3 Subs. by Act 9 of 2001, s. 31, for “five” (w.e.f. 2-10-2001). 4 Ins. by s. 31, ibid. (w.e.f. 2-10-2001). 68B. Definitions. —In this Chapter, unless the context otherwise requires,— (a) “Appellate Tribunal” means the Appellate Tribunal 1 [referred to in] section 68N; (b) “associate” in relation to a person whose property is liable to be forfeited under this Chapter, means— (i) any individual who had been or is residing in the residential premises (including out-houses) of such person; (ii) any individual who had been or is managing the affairs or keeping the accounts of such person; (iii) any association of persons, body of individuals, partnership firm, or private company within the meaning of the Companies Act, 1956 (1 of 1956), of which such person had been or is a member, partner or director; (iv) any individual who had been or is a member, partner or director of an association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii) at any time when such person had been or is a member, partner or director of such association, body, partnership firm or private company; (v) any person, who had been or is managing the affairs, or keeping the accounts, of any association of persons, body of individuals, partnership firm or private company referred to in sub-clause (iii); (vi) the trustee of any trust, where,— (1) the trust has been created by such person; or (2) the value of the assets contributed by such person (including the value of the assets, if any, contributed by him earlier) to the trust amounts, on the date on which contribution is made, to not less than twenty per cent. of the value of the assets of the trust on that date; (vii) where the competent authority, for reasons to be recorded in writing, considers that anyproperties of such person are held on his behalf by any other person, such other person; (c) “competent authority” means an officer of the Central Government authorised by it under section 68D; (d) “concealment” means the concealment or disguise of the nature, source, disposition, movement or ownership of property and includes the movement or conversion of such property by electronic transmission or by any other means; (e) “freezing” means temporarily prohibiting the transfer, conversion, disposition or movement of property by an order issued under section 68F; (f) “identifying” includes establishment of proof that the property was derived from, or used in, the illicit traffic; (g) “illegally acquired property”, in relation to any person to whom this Chapter applies, means, — (i) any property acquired by such person, whether before or after the commencement of this Chapter, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to 2 [the contravention of any provisions 3 [of this Act or the equivalent value of such property; or]] 1 Subs. by Act 28 of 2016, s. 227, for “for Forfeited Property constituted under” (w.e.f. 1-6-2016). 2 Subs. by Act 9 of 2001, s. 32, for “illicit traffic” (w.e.f. 2-10-2001). 3 Subs. by Act 16 of 2014, s, 20, for “of this Act; or” (w.e.f. 1-5-2014). (ii) any property acquired by such person, whether before or after the commencement of this Chapter, for a consideration, or by any means wholly or partly traceable to any property referred to in sub-clause (i) or the income or earning from 1 [such property or the equivalent value of such property; or] 2 [(iii) any property acquired by such person, whether before or after the commencement of the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2014, wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved, or the equivalent value of such property,] and includes— (A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration; (B) any property acquired by such person, whether before or after the commencement of this Chapter, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom; 3 [(h) “property” means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, wherever located and includes deeds and instruments evidencing title to, or interest in, such property or assets;] (i) “relative” means— (1) spouse of the person; (2) brother or sister of the person; (3) brother or sister of the spouse of the person; (4) any lineal ascendant or descendant of the person; (5) any lineal ascendant or descendant of the spouse of the person; (6) spouse of a person referred to in sub-clause (2), sub-clause (3), sub-clause (4) or sub-clause (5); (7) any lineal descendant of a person referred to in sub-clause (2) or sub-clause (3); (j) “tracing” means determining the nature, source, disposition, movement, title or ownership of property; (k) “trust” includes any other legal obligation. 68C. Prohibition of holding illegally acquired property.— (1) As from the commencement of this Chapter, it shall not be lawful for any person to whom this Chapter applies to hold any illegally acquired property either by himself or through any other person on his behalf. (2) Where any person holds any illegally acquired property in contravention of the provisions of sub-section (1), such property shall be liable to be forfeited to the Central Government in accordance with the provisions of this Chapter: 4 [Provided that no property shall be forfeited under this Chapter if such property was acquired, by a person to whom this Act applies, before a period of six years from the date he was arrested or against whom a warrant or authorisation of arrest has been issued for the commission of an offence punishable under this Act or from the date the order or detention was issued, as the case may be.] 1 Subs. by Act 16 of 2014, s. 20, for “such property,” (w.e.f. 1-5-2014). 2 Ins. by s. 20, ibid. (w.e.f. 1-5-2014). 3 Subs. by s. 20, ibid., for clause (h) (w.e.f. 1-5-2014). 4 Subs. by Act 9 of 2001, s. 33, for the proviso (w.e.f. 2-10-2001). 68D. Competent authority.— (1) The Central Government may, by order published in the Official Gazette, authorise 1 [any Commissioner of Customs or Commissioner of Central Excise] or Commissioner of Income-tax or any other officer of the Central Government of equivalent rank to perform the functions of the competent authority under this Chapter. (2) The competent authorities shall perform their functions in respect of such persons or classes of persons as the Central Government may, by order, direct. 68E. Identifying illegally acquired property.— 2 [(1) Every officer empowered under section 53 and every officer-in-charge of a police station shall, or receipt of information is satisfied that any person to whom this Chapter applies holds any illegally acquired property, he may, after recording reasons for doing so, proceed to take all steps necessary for tracing and identifying such property.] (2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institution or any other relevant matters. (3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions or guidelines as the competent authority may make or issue in this behalf. 1 Subs. by Act 16 of 2014, s. 21, for “any Collector of Customs or Collector of Central Excise” (w.e.f. 1-5-2014). 2 Subs. by Act 9 of 2001, s. 34, for sub- section (1) (w.e.f. 2-10-2001). 68F. Seizure or freezing of illegally acquired property.— (1) Where any officer conducting an inquiry or investigation under section 68E has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which will result in frustrating any proceeding relating to forfeiture of such property under this Chapter, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: Provided that the competent authority shall be duly informed of any order made under this sub- section and a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. (2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the competent authority within a period of thirty days of its being made. Explanation. —For the purposes of this section, “transfer of property” means any disposition, conveyance, assignment, settlement, delivery, payment or other alienation of property and, without limiting the generality of the foregoing, includes— (a) the creation of a trust in property; (b) the grant or creation of any lease, mortgage, charge, easement, licence, power, partnership or interest in property; (c) the exercise of a power of appointment of property vested in any person, not the owner of the property, to determine its disposition in favour of any person other than the donee of the power; and (d) any transaction entered into by any person with intent thereby to diminish directly or indirectly the value of his own property and to increase the value of the property of any other person. 68G. Management of properties seized or forfeited under this Chapter.— (1) The Central Government may, by order published in the Official Gazette, appoint as many of its officers (not below the rank of a Joint secretary to the Government) as it thinks fit, to perform the functions of an Administrator. (2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which an order has been made under sub-section (1) of section 68F or under section 68-I in such manner and subject to such conditions as may be prescribed. (3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government. 68H. Notice of forfeiture of property.— (1) If, having regard to the value of the properties held by any person to whom this Chapter applies, either by himself or through any other person on his behalf, his known sources of income, earnings or assets, and any other information or material available to it as a result of a report from any officer making an investigation under section 68E or otherwise, the competent authority has reason to believe (the reasons for such belief to be recorded in writing) that all or any of such properties are illegally acquired properties, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the sources of his income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be illegally acquired properties and forfeited to the Central Government under this Chapter. (2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person. 1 [Provided that no notice for forfeiture shall be served upon any person referred to in clause (cc) of sub-section (2) of section 68A or relative of a person referred to in that clause or associate of a person referred to in that clause or holder of any property which was at any time previously held by a person referred to in that clause.] 2 [Explanation. —For the removal of doubts, it is hereby declared that in a case where the provisions of section 68J are applicable, no notice under this section shall be invalid merely on the ground that it fails to mention the evidence relied upon or it fails to establish a direct nexus between the property sought to be forfeited and any activity in contravention of the provisions of this Act.] 1 Ins. by Act 9 of 2001, s. 35 (w.e.f. 2-10-2001). 2 Ins. by Act 16 of 2014, s. 22 (w.e.f. 1-5-2014). 68-I. Forfeiture of property in certain cases.— (1) The competent authority may, after considering the explanation, if any, to the show cause notice issued under section 68H, and the materials available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties: Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the competent authority or represent his case before it within a period of thirty days specified in the show cause notice, the competent authority may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it. (2) Where the competent authority is satisfied that some of the properties referred to in the show cause notice are illegally acquired properties but is not able to identify specifically such properties, then, it shall be lawful for the competent authority to specify the properties which, to the best of its judgment, are illegally acquired properties and record a finding accordingly under sub-section (1). (3) Where the competent authority records a finding under this section to the effect that any property is illegally acquired property, it shall declare that such property shall, subject to the provisions of this Chapter, stand forfeited to the Central Government free from all encumbrances. 1 [Provided that no illegally acquired property of any person who is referred to in clause (cc) of sub-section (2) of section 68A or relative of a person referred to in that clause or associate of a person referred to in that clause or holder of any property which was at any time previously held by a person referred to in that clause shall stand forefeited.] (4) Where any shares in a company stand forfeited to the Central Government under this Chapter, then, the company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956) or the articles of association of the company, forthwith register the Central Government as the transferee of such shares. 68J. Burden of proof. —In any proceedings under this Chapter, the burden of proving that any property specified in the notice served under section 68H is not illegally acquired property shall be on the person affected. 68K. Fine in lieu of forfeiture.— (1) Where the competent authority makes a declaration that any property stands forfeited to the Central Government under section 68-I and it is a case where the source of only a part of the illegally acquired property has not been proved to the satisfaction of the competent authority, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. (2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard. (3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the competent authority may, by order, revoke the declaration of forfeiture under section 68-I and thereupon such property shall stand released. 68L. Procedure in relation to certain trust properties. —In the case of any person referred to in sub-clause (vi) of clause (b) of section 68B, if the competent authority, on the basis of the information and materials available to it, has reason to believe (the reasons for such belief to be recorded in writing) that any property held in trust is illegally acquired property, it may serve a notice upon the author of the trust or, as the case may be, the contributor of the assets out of or by means of which such propery was acquired by the trust and the trustees, calling upon them within a period of thirty days specified in the notice, to explain the source of money or other assets out of or by means of which such property was acquired or, as the case may be, the source of money or other assets which were contributed to the trust for acquiring such property and thereupon such notice shall be deemed to be a notice served under section 68H and all the other provisions of this Chapter shall apply accordingly. Explanation. —For the purposes of this section “illegally acquired property”, in relation to any property held in trust, includes— (i) any property which if it had continued to be held by the author of the trust or the contributor of such property to the trust would have been illegally acquired property in relation to such author or contributor; (ii) any property acquired by the trust out of any contributions made by any person which would have been illegally acquired property in relation to such person had such person acquired such property out of such contributions. 68M. Certain transfers to be null and void. —Where after the making of an order under sub-section (1) of section 68F or the issue of a notice under section 68H or under section 68L, any property referred to in the said order or notice is transferred by any mode whatsoever such transfer shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 68-I, then, the transfer of such property shall be deemed to be null and void. 2 [68N. Constitution of Appellate Tribunal. —The Appellate Tribunal constituted under sub-section (1) of section 12 of the Smugglers and Foreign Exchange Manipulators (Forfeiture of  Property) Act, 1976 (13 of 1976) shall be the Appellate Tribunal for hearing appeals against the orders made under section 68F, section 68-I, sub-section (1) of section 68K or section 68L.] 1 Ins. by Act 9 of 2001, s. 36 (w.e.f. 2-10-2001). 2 Subs. by Act 28 of 2016, s. 227, for section 68N (w.e.f. 1-6-2016). 68-O. Appeals.— (1) 1 [Any officer referred to in sub-section (1) of section 68E or any person aggrieved by an order of the competent authority] made under section 68F, section 68-I, sub-section (1) of section 68K or section 68L, may, within forty-five days from the date on which the order is served on him, prefer an appeal to the Appellate Tribunal: Provided that the Appellate Tribunal may entertain an appeal after the said period of forty-five days, but not after sixty days, from the date aforesaid if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-section (1), the Appellate Tribunal may, after giving an opportunity to the appellant to be heard, if he so desires, and after making such further inquiry as it deems fit, confirm, modify or set aside the order appealed against. (3) The powers and functions of the Appellate Tribunal may be exercised and discharged by Benches consisting of three members and constituted by the Chairman of the Appellate Tribunal. (4) Notwithstanding anything contained in sub-section (3), where the Chairman considers it necessary so to do for the expeditious disposal of appeals under this section, he may constitute a Bench of two members and a Bench so constituted may exercise and discharge the powers and functions of the Appellate Tribunal: Provided that if the members of a Bench so constituted differ on any point or points, they shall state the point or points on which they differ and refer the same to a third member (to be specified by the Chairman) for hearing of such point or points and such point or points shall be decided according to the opinion of that member. 2 [Provided further that if the office of the Chairman is vacant by reason of his death, resignation or otherwise, or if the Chairman is unable to discharge his duties owing to absence, illness or any other cause, the Central Government may, by order, nominate any member to act as the Chairman until a new Chairman is appointed and assumes charge or, as the case may be, resumes his duties.] (5) The Appellate Tribunal may regulate its own procedure. (6) On application to the Appellate Tribunal and on payment of the prescribed fee, the Tribunal may allow a party to any appeal or any person authorised in his behalf by such party to inspect at any time during office hours, any relevant records and registers of the Tribunal and obtain a certified copy of any part thereof. 1 Subs. by Act 9 of 2001, s. 37, for “any person aggrieved by an order of the competent authority” (w.e.f. 2-10-2001). 2 Ins. by Act 16 of 2014, s. 23 (w.e.f. 1-5-2014). 68P. Notice or order not to be invalid for error in description. —No notice issued or served, no declaration made, and no order passed, under this Chapter shall be deemed to be invalid by reason of any error in the description of the property or person mentioned therein if such property or person is identifiable from the description so mentioned. 68Q. Bar of jurisdiction. —No order passed or declaration made under this Chapter shall be appealable except as provided therein and no civil court shall have jurisdiction in respect of any matter which the Appellate Tribunal or any competent authority is empowered by or under this Chapter to determine, and no injunction shall be granted by any court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Chapter. 68R. Competent authority and Appellate Tribunal to have powers of civil court. —The competent authority and the Appellate Tribunal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:— (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for examination of witnesses or documents; (f) any other matter which may be prescribed. 68S. Information to competent authority.— (1) Notwithstanding anything contained in any other law, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Chapter. (2) Every officer referred to in section 68T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter. 68T. Certain officers to assist Administrator, competent authority and Appellate Tribunal. — For the purposes of any proceedings under this Chapter, the following officers are hereby empowered and required to assist the Administrator appointed under section 68G, competent authority and the Appellate Tribunal, namely:— (a) officers of the Narcotics Control Bureau; (b) officers of the Customs Department; (c) officers of the Central Excise Department; (d) officers of the Income-tax Department; (e) officers of enforcement appointed under the Foreign Exchange Regulation Act, 1973 (46 of 1973); (f) officers of police; (g) officers of the Narcotics Department; (h) officers of the Central Economic Intelligence Bureau; (i) officers of the Directorate of Revenue Intelligence; (j) such other officers of the Central or State Government as are specified by the Central Government in this behalf by notification in the Official Gazette. 68U. Power to take possession.— (1) Where any property has been declared to be forfeited to the Central Government under this Chapter, or where the person affected has failed to pay the fine due under sub-section (1) of section 68K within the time allowed therefor under sub-section (3) of that section, the competent authority may order the person affected as well as any other person who may be in possession of the property to surrender or deliver possession thereof to the Administrator appointed under section 68G or to any person duly authorised by him in this behalf within thirty days of the service of the order. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Administrator may take possession of the property and may for that purpose use such force as may be necessary. (3) Notwithstanding anything contained in sub-section (2), the Administrator may, for the purpose of taking possession of any property referred to in sub-section (1), requisition the service of any police officer to assist him and it shall be the duty of such officer to comply with such requisition. 68V. Rectification of mistakes. —With a view to rectifying any mistakes apparent from record, the competent authority or the Appellate Tribunal, as the case may be, may amend any order made by it within a period of one year from the date of the order: Provided that if any such amendment is likely to affect any person prejudicially, it shall not be made without giving to such person a reasonable opportunity of being heard. 68W. Findings under other laws not conclusive for proceedings under this Chapter. —No finding of any officer or authority under any other law shall be conclusive for the purposes of any proceedings under this Chapter. 68X. Service of notices and orders. —Any notice or order issued or made under this Chapter shall be served— (a) by tendering the notice or order or sending it by registered post to the person for whom it is intended or to his agent; (b) if the notice or order cannot be served in the manner provided in clause (a), by affixing it on a conspicuous place in the property in relation to which the notice or order is issued or made or on some conspicuous part of the premises in which the person for whom it is intended is known to have last resided or carried on business or personally worked for gain. 68Y. Punishment for acquiring property in relation to which proceedings have been taken, under this Chapter. —Any person who knowingly acquired, by any mode whatsoever, any property in relation to which proceedings are pending under this Chapter shall be punishable with imprisonment for a term which may extend to five years and with fine which may extend to fifty thousand rupees.] 1[68Z. Release of property in certain cases. — (1) Where the detention order of a detenu is set aside or withdrawn, properties seized or frozen under this Chapter shall stand released. (2) Where any person referred to in clause (a) or clause (b) or clause (cc) of sub-section (2) of section 68A has been acquitted or discharged from the charges under this Act or any other corresponding law of any other country and the acquittal was not appealed against or when appealed against, the appeal was disposed of as a consequence of which such property could not be forfeited or warrant of arrest or authorisation of arrest issued against First Information Report (FIR) You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Thank you Outlawed India for sharing warmly and freely Filing an FIR is crucial for initiating an investigation and seeking justice. It is a written document prepared by the police when they receive information about the commission of a cognizable offence. Cognizable offence is a crime for which the police can arrest someone without a warrant and start an investigation. These cases are mentioned in the first schedule of BNSS, 2024. Example: rape, murder, theft. Who can file an FIR : A victim of a crime. A relative or friend or acquaintance of the victim Someone who has knowledge about a crime that has taken place or is about to take place. An officer in charge of a police station may also register an FIR if a cognizable offence is committed in his presence. Steps in filing an FIR : Vist the nearest police station : Go to the nearest police station to the location where the incident took place. It’s important to file the FIR in the place where the incident occurred, that is the place where the police has the authority to do something. Zero FIR: In cases of cognizable offences, FIR can also be filed in any police station and not only the one having power over the area where the incident occurred , and the case will be forwarded. Approach the police officer on duty : At the police station approach the police officer on duty at the front desk or reception. They must guide you to the appropriate officer. In every police station its the writer who registers an FIR, who is in the rank of a sub-inspector and in his absence by the senior most official of the police station. A sub Inspector is the official having two star on his shoulder badge along with two stripes. Provide details :  Be accurate and provide all relevant details to the police. It is not necessary that you must have all information about the crime in order to file an FIR, But it is important that you report everything you know to the police. You can give your complaint orally or in writing to the correct police officer. If your complaint is given orally, the police officer will write it down in the prescribed format and receive the signature of the complainant after reading it out to him/ her/ them. The complaint will be in the words of complainant. Include the date, time, and location of the incident, along with a description of what happened.  Obtain a copy : You are entitled to a free copy of the FIR. Request it from the police officer. Contact information : Ask for the contact details of the police officer handling your case. This will help you follow up on the progress of the investigation if needed. What happens after an FIR is recorded FIR copies : After filing the FIR, four copies are made. The original copy goes to the magistrate. One copy stays at the police station, another goes to the Superintendent of Police, and one is sent to the higher officer, often the Circle Inspector. Investigation and Updates : Once the FIR is filed, the police will begin investigating the matter. The Sub-Inspector has to investigate the complaint himself or record the reasons why he deputed someone else. Reporting to magistrate : The investigating officer has to give a report to the magistrate about the FIR within 60 days (for less serious cases) or within 90 days (for more serious cases). Follow Up : If you feel that your case is not progressing as expected or you have concerns, you can follow up with the police officer or the higher authorities in the department. Keep the client informed : If in case you have filed the FIR on behalf of another person, then keep that person informed on the updates in the case. WHAT CAN BE DONE IF THE POLICE REFUSES TO FILE FIR You can file a zero FIR in another police station. If the local police station refuses to file an FIR, you can approach the Superintendent of Police (SP) with a written complaint. If this SP feels there is is merit in the case, they can appoint a police officer to start an investigation. If even after submitting a complaint to the Senior Police Officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate / Metropolitan Magistrate. The aggrieved person may also file a writ petition in the respective High Court for the issuing of Writ of Mandamus against the Police Officers, and the court would direct them to come up with the reasoning as to why they did not lodge the report. NOTE: An FIR in itself is not a criminal case filed against someone. It is just the information received by the police relating to the commission of a crime. A criminal case begins when the chargesheet is filed by the police before the Court and a Public Prosecutor is appointed by the State. Sample: FIR (First Information Report) You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Thank you Outlawed India for sharing warmly and freely. FIRST INFORMATION REPORT  (Under Section 173 BNSS)  1.  Dist .: Bangalore   P.S : Jayanagar Year   2024    F.I.R. No.: 89 Date: 10 November 2024   2 . Acts and Sections : Acts Sections R/W Section BNS 116 117 3 . Suspected Offences : Hurt, Grievous Hurt Occurrence of Offence : Day : Sunday  Time Period From Date: 10 November 2024 4:30 pm To Date: 10 November 2024 5:30 p Information received at P.S. Date: 10 November 2024 Time : 10.30 am    General Diary Reference :  Entry No(s) : 8  Date : 10 November 2024 Time: 10.30 am 4. Type of information : Written Written / Oral   5. Place of occurrence :  Jayanagar Marketplace, near Jayanagar Post Office, Jayanagar Direction and Distance from P.S :  2 Kms Northeast Beat No. Beat 2 Address: Jayanagar Marketplace, near Jayanagar Post Office, Jayanagar - 560092 In case outside limit of this Police Station, then the - Name of P.S.: ____________________ District: _________________________ 6. Complainant / information :  Name: Sudheesh  Father’s / Husband’s Name: Suresh Date / Year of Birth: 1992                                                Nationality: Indian  Passport No : _____________________  Date of Issue : ______________ Place of Issue :______________ Occupation : Mechanic Address : 432, Tata Nagar, Jayanagar - 560092 7. Details of known/suspected / unknown / accused with full particulars (Attach separate sheet if necessary):  Accused 1  Name : Mukesh Father’s Name : Unknown Address : Unknown 8. Reasons for delay in reporting by the complainant / Informant : No delay 9. Particulars of properties stolen / involved: 10. Total value of the properties stolen / involved : 11. Inquest Report /U.D. Case No., if any : 12. F.I.R. Contents (Attach separate sheets, if required) :  The F.I.R in Crime No. 89/2024 U/S 320 r/w 319, 321, 323, 334 & 351 IPC dtd. 10.11.2024 was registered at about 10.30 hours against A-1 Mukesh by Sri. Charan, Sub-Inspector of Police, Jayanagar Police Station based on the complaint dated 10.11.2024 filed by the complainant Mr Sudheesh, son of Suresh. Information provided by the complainant is that he had been attacked and grievously hurt by Mukesh. The allegation in brief is that the accused was in a romantic relationship with a girl named Radha. Subsequently, they broke up, and Radha proceeded to date the complainant. The complainant was at the Jayanagar marketplace with Radha, when Mukesh saw them both together, sitting on a bike. Mukesh got angry and started physically assaulting the complainant, grievously hurting him. Complainant also used a lathi present nearby to assault and grievously hurt Mukesh. Mukesh was separated from the complainant by passer-bys who witnessed the scene. The complainant received injuries on his face, including bruises on his abdomen and chest. The complainant also has a cut on his forehead. After this attack, the complainant went to E.N.S. Hospital and checked his wounds. The complainant submitted the complaint a day after the assault. 13. Action taken : Since the above report reveals commission of offence (s) u/s as mentioned at Item No. 2: Registered the case and took up the investigation : Yes OR Directed  Name of IO : Rank : No : To take the investigation OR Refused investigation due to :  OR Transferred to P.S. :                                                                            District : on point of jurisdiction.  Attached documents : Document name FIR No 89/2024 of Jayanagar Police Station of Bangalore City F.I.R. read over to the complainant / Informant, admitted to be correctly recorded and copy given to the Complainant / Informant free of cost.                                                  14. Signature /Thumb-impression Signature  of Officer  of the complainant / informant                         In-charge Police Station                       Name : Sunidhi Das                       Rank : Sub-Inspector 15. Date & time of dispatch to the court : Sample: Criminal Complaint You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Thank you Outlawed India for sharing warmly and freely. Format for Criminal Complaint A First Information Report is a document that the police prepare when you file a complaint! In day-to-day life, we often need the help of the police. We may lose our phone, someone may steal our wallet- and we need the police to help us with this. The first step in getting help from the police is filing a complaint. You can approach the police if you need help because a crime has been committed against you. These crimes could be as small as pickpocketing, but also be as serious as child sexual abuse that we read about under POCSO. In case you ever need to go to the police to file a complaint, here is how you can write one. We’ve used a fictional story to write the complaint. When you are writing your complaint, you will have to change the details of the crime according to what you are filing a complaint about!  From,  Preethi (Name)  #83, Model Main Road, Bangalore 560062 (Address)  +91 1234567899 (Phone Number)  preethi@gmail.com (Email ID if you have one) To,  Officer in charge  Lalbagh Police Station (You will have to name the police station that you are going to)  Bengaluru 560004 Date: 5 January 2022 Subject: Stolen Wallet Respected Sir, I am Preethi, residing at #83, Model Main Road, Bangalore 560062. On 4th January 2022, my wallet was stolen on a bus. I was on the bus going from Banashankari to Lalbagh. When I was getting down from the bus at Lalbagh, I felt a man put their hand in my bag and take my wallet. Before I could say anything, he quickly started running and I could not catch him. He was around 6ft in height and had black hair. He also wore round spectacles. My wallet is dark blue in colour and has my name written on the back. It also has a keychain in the shape of a dog attached to it. The wallet has money and my Aadhaar card inside. I have attached a photo of my wallet to this complaint. I request you to please file an FIR for this matter and assist me in finding my wallet.  Yours Sincerely, Preethi    Enclosed : Photo of the wallet  Important things to remember while writing your complaint Make sure that you include as many details as possible about the incident! Where you were when the incident took place, the time, any details of the person who committed the crime, etc.  If you have any photos related to the incident (for example, photos of the wallet in the above example) you can attach it to the complaint.  A police station cannot refuse to file an FIR! The law states that the police must file an FIR when they receive a complaint.  Format: Arrest Warrant You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Thank you Outlawed India for sharing warmly and freely. IN THE COURT OF ____________________________________________________________ DISTRICT: _______________________________________________ Assam Schedule VIII, Form 152 HIGH COURT CRIMINAL FORM NO. 2 WARRANT OF ARREST No. II, Schedule V, Act V, 1898 (Section 70 of the Code of Criminal Procedure) Case No. __________ Next Date _________ (1)Name and the designation of the person or persons who is or are to execute the warrant            (2) State the offence To, (1)      ................................................................................................................................................................................................................................................................. Whereas ....................................................................... s/o,d/o.w/o .................................................................... of .................................................................................. ...................................................................................... stands charged with offence of (2).............................. ...................................................................................... is/are hereby directed to arrest the said accused and produce him/her before me, Herein fail not. Dated, the.......................... day of ..................20.............. Magistrate/Judge If the said accused ........................................................ shall give bail himself/herself in the sum of Rs. .............................with surety in the sum of Rs. ...............................to attend before me on the .........................day of ..............20 .............and continue so to attend until otherwise directed by me, he may be released. Dated, the.........................day of ...................20 .............. Magistrate/Judge Format: Arrest / Court Surrender Memo FORM – IF3 - (Integrated Form) Arrest / Court Surrender Memo (Separate Memo for each accused) 1. Dist ………..................... P.S. ...…..................…….. Year ……................ FIR No. / Proceeding No. ……..............….… Date…............………  Alphanumeric code of the Accused ………………………. (Write A1 to A9 for the first 9 persons, B1 for 10 th persona and so on) 2. Date & Time of Arrest / Surrender: *Date …….................……. Time …..................…………. G.D. No. ….....................…………….............. 3. Name of the Court (if surrendered): ………................................................………………………………...…..................………………………......... 4. Acts and Sections: …………………………………………………………........................………………………............................................................... 5. Arrested and sent up / Arrested and released on bail / Surrendered in court and bailed out / Surrendered in court and sent to judicial custody / Surrendered in court and remanded to Police custody (tick ‘ ’ applicable portion). 6. Particulars of the Accused: (i). *Name: ……………………………………........................................…………………………………………..................................…………………… (ii). Father’s / Husband’s Name ……………………………………………………………….................................…………………………………………... (iii). First Alias: …………………………………………………………………………………................................………………………………………………….. (iv). Second Aliases: ……………………………………………………………………………................................………………………………………………. (v). Other Aliases: …………………………………………………………………………….................................………………………………………………….. (vi). Nationality: …………………...................…..….…(vii) (a) Passport No. …………………………….................................…………………….. (b). Date of Issue: ………………….........................…… (c). Place of Issue ……..….………………................................…………………………. (viii). Religion …………………………….............…….. (ix). Caste / Tribe. …..………………..……….................................…………………………... (x). SC/ST ……………………………………..............…. (xi) *Occupation: ………………..…………................................…………………………....... (xii). Permanent address: …………………………………………… Distt. ………..…………….…… P.S. ………………................................………….. 7.         (xiii). Present Address: ………………………………………… Distt. …………………….…… P.S. …………………Injuries, cause of injuries and                        physical condition of the accused person (Indicate if medically examined): …………………………………………………………………                     ……………………………………………………………………………………………………….............…………………………………………………………….... 8. The accused, after being informed of the grounds of arrest and his legal rights, was duly taken into custody on ………………………. (date) at …………………… (hours) at………………………. (place). The following article(s) was / were found on physical search, conducted on the person of the accused, and were taken into possession for which a receipt was given to the accused.  1 ……..........................................................……………………....……………… 2 ……………………………………………..............………….............. 3 ………………..........................................………………...………………………… 4 ………………………………………..……………............................ 5 ………………..........................................………………...………………………… 6 ………………........................................………………...………. Necessary wearing apparels were left on the accused for the sake of human dignity and body protection. The accused was cautioned to keep himself / herself covered for purpose of identification. Intimation given to …........................……...................................…………. (Relationship) ……............................…………………………………….. If no article found, ‘Nil’ may be indicated in the blank space provided below: 9. Physical features, deformities and other details of the accused: Sex Date / Year of Birth Build Height in Cms. Complexion Identification Marks 1 2 3 4 5 6 (For Modus Operandi offences only) Deformities / peculiarities Tech Hair Eye Habit(s) Dress habits 7 8 9 10 11 12 Languages / Dialect PLACE OF Burn Mark Leucoderma Mole Scar Tattoo 13 14 15 16 17 18 Other features (19) ……………………………………………………………………………………………................................................................................ 10. Whether finger-print taken or not?: …………………………………………....................................................…............................................. 11. Socio-economic profile of the accused showing: ( a). Living Status: Living alone or with Family / Relation / Associate in Pucca House / Hotel / Hostel / Kachcha House / Thatched House / Slum or is homless. (b). Educational qualification(s): ………………………............................................................................……………………………………….. (c). Occupation: ………………………………………………………………………………….........................................................................………… (d). Income Group: .........................................................................………………............................................................................ (i). Lower Income (Below Rs. 500/P.M.) (ii). Lower middle Income (From Rs. 501 to Rs. 1000) (iii). Middle Income (From Rs. 1001 to Rs. 2000) (iv). Upper Middle Income (From Rs. 2001 to 3000) (v). Upper Income (above Rs. 3000) 12. Whether the accused person, as per the observations and known Police records: (a) Is dangerous Yes/No (b) Previously escaped any bail Yes/No (c) Is generally armed Yes/No (d) Operates with accomplices Yes/No (e) Has past criminal records Yes/No (f) Is recidivist Yes/No (g) Is likely to escape bail Yes/No (h) If released on bail, is likely to commit another crime  Immediately or threaten the victims / witnesses. Yes/No (i) Is wanted in any other case Yes/No Signature of the Investigating officer with:       Place …………………………… Name:……………………………….... Rank:………………………………..... Number, if any:……………………. Date:………………………………...... Exersice: Find the errors in the Arrest Memo & Warrant You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Thank you Outlawed India for sharing warmly and freely. Scenario A person, Gourav got into a fight with a person named Sudheesh over a girl. In a fit of anger, he came to Sudheesh and caused significant physical harm, with two of his teeth falling off, and bruises over his body. Sudheesh also fought back, giving Gourav a black eye. Sudheesh complained to the police about this matter, and the police promptly filed an FIR and have now come to arrest Gourav. Along with them, they have brought the following two documents - a warrant and a memorandum of arrest. Read through the two and point out the mistakes, if you find any.  ARREST MEMO  (Separate Memo for each accused)  1. Dist. : Bengaluru Urban                P.S. : Thalaghattapura Police Station              Year: 2024                    Date : 10/11/2024 Alphanumeric code of the Accused:  C9 (Write A1 to A9 for the first 9 persons, B1 for 10th persona and so on)  2. Name of the Court  (if surrendered): Magistrate Courts, Bengaluru Urban 3.   Acts and Sections : Sec. 129, 130 of Bharatiya Nyaya Sanhita 4. Arrested and sent up / Arrested and released on bail / Surrendered in court and bailed out / Surrendered in court and sent to judicial custody / Surrendered in court and remanded to Police custody (tick ‘ ’ applicable portion). 5. Particulars of the Accused :  (i) Name : Gourav M (ii) Father’s / Husband’s Name : Vinay M (iii) First Alias : ______________________________________________ (iv) Second Aliases : _________________________________________ (v) Other Aliases : ___________________________________________ (vi) Nationality : Indian (vii) a) Passport No .:  Aadhar no : 12345678 b) Date of Issue : 12-12-2015  c) Place of Issue:  Bengaluru (viii) Religion : Hindu (ix) Caste / Tribe.:  XYZ  (x) SC/ST : SC  (xi) Occupation : Construction worker  (xii) Permanent Address : 3rd Cross, Vikas Rd, Thalaghattapura, Bengaluru - 560062 (xiii) Present Address : 3rd Cross, Vikas Rd, Thalaghattapura, Bengaluru - 560062 6 . The accused, after being informed of the grounds of arrest and his legal rights, was duly taken into custody. The following article(s) was / were found on physical search, conducted on the person of the accused, and were taken into possession for which a receipt was given to the accused.  ** 1 . Phone 2 . Watch     3. Wallet 4 .  Pen Necessary wearing apparels were left on the accused for the sake of human dignity and body protection.  The accused was cautioned to keep himself / herself covered for purpose of identification. ** If no article found, ‘Nil’ may be indicated in the blank space provided below:  7. Physical features, deformities and other details of the accused: Sex Date/Year of Birth Build Height in Cms . Complexion Identification Marks 1 2 3 4 5 6 Male 25-5-1993 Lean 170 cm Fair Mole on right cheek (For Modus Operandi offences only) Deformities /peculiarities Tech Hair Eye Habit(s) Dress Habits 7 8 9 10 11 12 Short, black Black Languages/ Dialect PLACE OF Burn Mark Leucoderma Mole Scar Tattoo 13 14 15 16 17 18 Kannada On the right cheek Left arm Other features(19) ____ 8 . Whether finger-print taken or not? Yes 9.   Socio-economic profile of the accused showing : a .  Living status : Living alone or with Family / Relation / Associate in Pucca House / Hotel / Hostel / Kachcha House / Thatched House / Slum or is homless. b .  Educational qualification(s) : 9th grade c .  Occupation : Construction worker d . Income Group :  i. Lower Income (Below Rs. 500/P.M.) ii. Lower middle Income (From Rs. 501 to Rs. 1000)  iii. Middle Income (From Rs. 1001 to Rs. 2000)  iv. Upper Middle Income (From Rs. 2001 to 3000)  v. Upper Income (above Rs. 3000) 10 .  Whether the accused person, as per the observations and known Police records :  a.  Is dangerous  Yes/No  b. Previously escaped any bail  Yes/No c. Is generally armed  Yes/No d. Operates with accomplices  Yes/No e . Has past criminal records Yes/No f . Is recidivist Yes/No g . Is likely to escape bail Yes/No h . If released on bail, is likely to commit another crime Immediately or threaten the victims / witnesses.  Yes/No i. Is wanted in any other case  Yes/No Name : Arun K.L  Rank : S.I, Thalaghattapura Police Station  Number,if any :______________.  Date : 10-11-2024 Place: Thalaghattapura, Bengaluru WARRANT FORM No. 3  ADDL. CHIEF JUDICIAL MAGISTRATE COURT IN THE COURT OF Shri. N Anand MAGISTRATE COURTS, BENGALURU URBAN WARRANT OF ARREST (See section 72)  State of Karnataka Vs. Gourav M  Case No: 2413450 Next Date - 19-11-2024 To,  Whomsoever concerned, WHEREAS said person stands charged with the offence punishable U/Sec.129, 130 of The Bharatiya Nyaya Sanhita , you are hereby directed to arrest the said, and to produce him before me. Herein fail not.  Dated, this day of 08-11-2024 Addl. Chief Judicial Magistrate,  Bengaluru Urban If the said person shall give bail bond in the sum of ₹5000/- with or without sureties in the like amount to the satisfaction of arresting authority with undertaking to appear before the Court on and continue attending until otherwise directed by the Court, he may be released. Dated, this day of 08-11-2024 Addl. Chief Judicial Magistrate Bengaluru Urban Addl. Chief Judicial Magistrate Bengaluru Urban Letter To Police Station You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Thank you Outlawed India for sharing warmly and freely. OutLawed India | Nyaaya Mitra Police Visit To whomsoever it may concern,  OutLawed India is a Section 8 not-for-profit company working towards enabling last mile justice delivery.  We have a founding team of lawyers and policy graduates who are alumna of the National Law School of India. We’ve trained over 4000 people to build legal awareness and citizen skills, including workshops for labour unions, government school students, and a contract with the Delhi government to train Anganwadi workers.  In the past two years we piloted the Nyaaya Mitra Programme to train individuals from underserved communities as paralegals to provide essential first-point-of-contact legal aid . We have partnered with various organisations including Vathsalya, Swatantra, Ananya Charitable Trust, Garment Workers Union, Domestic Workers Union and ASHA Workers to identify community leaders who can provide these legal services. Our Nyaaya Mitras have successfully assisted their communities in navigating complex legal issues with confidence and ease.  As part of the Nyaaya Mitra Initiative we encourage our Nyaaya Mitras to visit local government bodies, including police stations. This is a part of their training on criminal law so as to enable them to assist their community members in filing complaints at police stations as and when necessary. We request you to please welcome the Nyaaya Mitras from the OutLawed Team at your police station. We believe that they can be a help to the community and the police in ensuring that citizens are able to access law and justice. Warm regards, Lakshmi T. Nambiar Lead, Nyaaya Mitra Initiative | Head of Operations OutLawed India: https://www.outlawedindia.com Contact: lakshminambiar@outlawedindia.com / contact@outlawedindia.com Revision Worksheet You can read the information below in over 15 languages! Simply use the translation tool in the top-left corner of the screen to select your preferred language, including অসমীয়া, বাংলা, ગુજરાતી, हिन्दी, ಕನ್ನಡ, മലയാളം, मराठी, মৈতৈলোন্, नेपाली, ଓଡ଼ିଆ, ਪੰਜਾਬੀ, संस्कृतम्, தமிழ், తెలుగు, and اُردُو. Thank you  Outlawed India for sharing warmly and freely. Name:  Roll No: How to File A Complaint? What are the two types of complaint reports that a police station can make? Ans: _______________________________________________________________________ Under which provision does a police officer file an FIR? Ans: _______________________________________________________________________ Which police station should you ideally file a complaint at? Ans: ______________________________________________________________________ True or False : A complaint must always be given in writing. Ans: _______________________________________________________________________ What details should be included in an FIR?  Ans: _______________________________________________________________________ What is filed when the local police station refuses to register an FIR? Ans: ________________________________________________________________________ What steps can be taken if the local police station refuses to file an FIR:  _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ How long can police officers take to do the preliminary inquiry before filing FIR?  Ans: _______________________________________________________________________ Once the FIR is filed, what should the victim do to keep a record of it?  Ans: _______________________________________________________________________ Answers : 1. FIR and NCR  2. Section 154 of CrPC 3. Police station with territorial jurisdiction 4. False 5. Informant Details,Date & Time of Filing,Offense Detail,Incident Description,Accused Details,Victim Details 6. A Zero FIR at another station 7. Approach Superintendent Send written complaint by RPAD File a private complaint Magistrate 8. 7 Days  9. Collect a copy of it / Keep a note of the FIR Number How-to-download Telegram Thank you Outlawed India for sharing warmly and freely. Steps to download telegram and join the  Nyaaya Mitra Cohort 2   Telegram Group Option 1 Step 1 : Go to play store (android) or app store ( iPhone ) on your phone.       Step 2 : Search “Telegram” on the search bar on the top right corner. Download it   Step 3 : Open the app, this will be the home page or the first page of the app. Click on the link given above.     Step 4 :Search Nyaaya Mitra Cohort 2 on chat section     Step 5 :  Join the Nyaaya Mitra Cohort 2 group   To check if you have joined the group,  It will be shown that you joined the group via invite link below. You are a happy subscriber now!  Option 2   Step 1 : Open the telegram group link- https://t.me/+UbiFW5QorFQ1MTk1 .     Step 2 : Click on Download  and then download telegram   Step 3 : Subscribe to the Channel     To check if you have joined the group,  It will be shown that you joined the group via invite link below. You are a happy subscriber now!