The Bharatiya Nagarik Suraksha Sanhita, 2023

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

Sections

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.

Sections

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

Sections

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.

SECTIONS

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

SECTIONS

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.

Sections

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.

Sections

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.

SECTIONS

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.

Sections

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.

Sections

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

Sections

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.

Sections

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

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

Sections

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.

Sections

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

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.

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

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

(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;

(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

(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);

(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;

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.

56(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

where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself;

(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

57levying 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

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.

58(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;

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) of

section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be

dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may

cause it to be dispersed by the armed forces.

59(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;

(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;

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

60(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

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

61(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.

62160. 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.

63(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).

64(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.

65(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.

66(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;

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

67commission 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:

68Provided 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.

69(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 or

make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in

section 22 of the Bharatiya Sakshya Adhiniyam, 2023.

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from

making in the course of any investigation under this Chapter any statement which he may be disposed to

make of his own free will:

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183.

70183. 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:

71Provided 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

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

(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

72search 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

73has 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):

74Provided 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.

75(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;

(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;

76(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.

77194. 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.

78196. Inquiry by Magistrate into cause of death.—(1) When the case is of the nature referred to in

clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests

shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may

hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the

police officer; and if he does so, he shall have all the powers in conducting it which he would have in

holding an inquiry into an offence.

(2) Where,—

(a) any person dies or disappears; or

(b) rape is alleged to have been committed on any woman, while such person or woman is in the

custody of the police or in any other custody 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

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.

79200. 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.

80206. 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;

81(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.

82216. 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

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

(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:

83Provided 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;

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

(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.

84(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.

85(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 witnesses—

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court

has made the complaint; or

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under

section 212:

Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after

examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

(2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence

alleged to have been committed in course of the discharge of his official functions or duties unless—

(a) such public servant is given an opportunity to make assertions as to the situation that led to the

incident so alleged; and

(b) a report containing facts and circumstances of the incident from the officer superior to such

public servant is received.

224. 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

86(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,

87to 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:—

88(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;

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.

89CHAPTER 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.

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

90the 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.

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.

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.

91(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.

92242. 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.

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,

93intending 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.

94(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.

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;

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;

95(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.

96253. 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:

97Provided 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.

98(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.

99(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

100complainant 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.

101275. 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,

102any 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.

103285. 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;

(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.

104(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.

105292. 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;

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.

106299. 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;

107(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to

be removed from the prison;

304. 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

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

108measures 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;

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:

109Provided 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.

110318. 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.

111324. 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

112any 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;

(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;

(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

113respecting 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; or

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove

from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter

case, the deponent shall clearly state the grounds of such belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or

amended.

334. 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

114(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

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.

115(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;

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).

116(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;

117(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

118reasons 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;

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:

119Provided that no order shall be made under this section unless the person has at some time been arrested

in connection with such investigation or proceeding:

Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to

give such specimen or sample without him being arrested.

350. 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.

120(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.

121(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.

122359. 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 Person by whom offence

may be compounded

1 2 3

84 Section of the Bharatiya Nyaya

Sanhita, 2023 applicable

Enticing or taking away or

detaining with criminal intent a

married woman.

Voluntarily causing hurt. The husband of the woman

and the woman.

Voluntarily causing hurt on

provocation.

Voluntarily causing grievous hurt

on grave and sudden provocation.

Wrongfully restraining or

confining any person.

115(2) 122(1) 122(2) 126(2), 127(2) The person to whom the hurt

is caused.

The person to whom the hurt

is caused.

The person to whom the hurt

is caused.

The person restrained or

confined.

Wrongfully confining a person for

three days or more.

Wrongfully confining a person for

ten days or more.

Wrongfully confining a person in

secret.

Assault or use of criminal force. 127(3) The person confined.

127(4) The person confined.

127(6) The person confined.

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.

1231 2 3

Dishonestly receiving stolen property knowing it to

317(2) The owner of the property stolen.

be 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. Fraudulent removal or concealment of property,

etc., to prevent distribution among creditors.

Fraudulently preventing from being made available

for his creditors a debt or demand due to the

offender.

Fraudulent execution of deed of transfer containing

false statement of consideration.

Fraudulent removal or concealment of property. Mischief, when the only loss or damage caused is

loss or damage to a private person.

Mischief by killing or maiming 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.

Criminal trespass. 319(2) The person cheated.

320 The creditors who are affected

thereby.

321 The creditors who are affected

thereby.

322 The person affected thereby.

323 The person affected thereby.

324(2), 324(4) The person to whom the loss or

damage is caused.

325 The owner of the animal.

326(a) The person to whom the loss or

damage is caused.

House-trespass. House-trespass to commit an offence (other than

theft) punishable with imprisonment.

Using a false trade or property mark. Counterfeiting a property mark used by another. 329(3) The person in possession of the

property trespassed upon.

329(4) The person in possession of the

property trespassed upon.

332(c) 345(3) 347(1) The person in possession of the

house trespassed upon.

The person to whom loss or injury is

caused by such use.

The person to whom loss or injury is

caused by such use.

1241 2 3

Selling goods marked with a counterfeit property

mark.

Criminal intimidation. Insult intended to provoke a breach of peace. Inducing person to believe himself an object of

divine displeasure.

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).

Printing or engraving matter, knowing it to be

defamatory.

Sale of printed or engraved substance containing

defamatory matter, knowing it to contain such

matter.

Criminal breach of contract of service. 349 The person to whom loss or injury is

caused by such use.

351(2), 351(3) The person intimidated.

352 The person insulted.

354 The person induced.

356(2) The person defamed.

356(3) The person defamed.

356(4) The person defamed.

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

Word, gesture or act intended to insult the

modesty of a woman.

Person by whom offence may

be compounded

1 2 3

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.

1251 2 3

Causing hurt by doing an act so rashly and

negligently as to endanger human life or

the personal safety of others.

Causing grievous hurt by doing an act so

rashly and negligently as to endanger

human life or the personal safety of others.

Assault or criminal force in attempting

wrongfully to confine a person.

Theft, by clerk or servant of property in

possession of master.

Criminal breach of trust. 125(a) The person to whom hurt is

caused.

125(b) The person to whom hurt is

caused.

Criminal breach of trust by a clerk or

servant.

135 306 316(2) 316(4) The person assaulted or to

whom the force was used.

The owner of the property

stolen.

The owner of the property in

respect of which breach of

trust has been committed.

The owner of the property in

respect of which the breach of

trust has been committed.

318(3) The person cheated.

Cheating a person whose interest the

offender was bound, either by law or by

legal contract, to protect.

Cheating and dishonestly inducing delivery

of property or the making, alteration or

destruction of a valuable security.

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.

318(4) The person cheated.

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.

126(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

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.

127(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.

128(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.

129(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.

130369. 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

131have 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.

132(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;

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;

(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;

133(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

134Court 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.

135(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

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.

136(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;

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.

137(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;

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).

138(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

139convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is

proved against the offender, if it appears to the Court before which he is convicted, regard being had to the

age, character or antecedents of the offender, and to the circumstances in which the offence was committed,

that it is expedient that the offender should be released on probation of good conduct, the Court may, instead

of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail

bond to appear and receive sentence when called upon during such period (not exceeding three years) as

the Court may direct, and in the meantime to keep the peace and be of good behavior:

Provided that where any first offender is convicted by a Magistrate of the second class not specially

empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section

should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate

of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who

shall dispose of the case in the manner provided by sub-section (2).

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1),

such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if

the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any

point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or

evidence to be made or taken.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation,

cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’

imprisonment or any offence punishable with fine only and no previous conviction is proved against him,

the Court before which he is so convicted may, if it thinks fit, having regard to the age, character,

antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any

extenuating circumstances under which the offence was committed, instead of sentencing him to any

punishment, release him after due admonition.

(4) An order under this section may be made by any Appellate Court or by the High Court or Court of

Session when exercising its powers of revision.

(5) When an order has been made under this section in respect of any offender, the High Court or Court

of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of

revision, set aside such order, and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court or Court of Session shall not under this sub-section inflict a greater

punishment than might have been inflicted by the Court by which the offender was convicted.

(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties

offered in pursuance of the provisions of this section.

(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that

an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the

Court acts or in which the offender is likely to live during the period named for the observance of the

conditions.

(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in

respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of

his recognizance, it may issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court

issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him

to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing

the case, pass sentence.

140(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.

141406. 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

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:

142Provided 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

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;

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:

143Provided 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.

144(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;

for preferring such appeal has expired.

145(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;

(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

146(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

147under 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.

148CHAPTER 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.

149440. 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.

150444. 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;

(b) that some question of law of unusual difficulty is likely to arise; or

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.

151(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.

152450. 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

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.

153B.—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.

154(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, —

155(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 already

undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or

imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the

imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent

sentence shall run concurrently with such previous sentence:

Provided that where a person who has been sentenced to imprisonment by an order under section 141

in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an

offence committed prior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent

conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run

concurrently with such previous sentence.

468. 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.

156E.—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.

157(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;

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

158any 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

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:

159Provided 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;

160(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

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

161decides 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.

162486. 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.

163(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

164or 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.

165500. 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.

166(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;

(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;

(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;

167(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,

notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence

in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the

accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

(2) The provisions of this section apply to Courts of appeal, reference and revision.

510. 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.

168512. 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;

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

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

169such 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.

170(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;

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.

171529. 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;

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.

172By what Court

triable

1 2 3 4 5 6

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.

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

Bailable or Non-

Non-cognizable

bailable

49 Abetment of any offence,

if the act abetted is

committed in

consequence, and where

no express provision is

made for its punishment.

50 Abetment of any offence,

if the person abetted does

act with different

intention from that of

abettor.

51 Abetment of any offence,

Same as for

when one act is abetted

offence

and a different act is done;

intended to be

subject to the proviso.

abetted.

52 Abettor when liable to

Same as for

cumulative punishment

offence

for act abetted and for act

abetted.

done.

53 Abetment of any offence,

when an effect is caused

by the act abetted

Same as for

offence

committed.

different from that

intended by the abettor.

54 Abetment of any offence,

if abettor present when

offence is committed.

Same as for

offence

abetted.

Same as for

offence

committed.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted is

bailable or

non-bailable.

According as

offence abetted is

bailable or

non-bailable.

According as

offence abetted is

bailable or

non-bailable.

According as

offence abetted is

bailable or

non-bailable.

According as

offence abetted is

bailable or

non-bailable.

Court by which

offence abetted is

triable.

Court by which

offence abetted is

triable.

Court by which

offence abetted is

triable.

Court by which

offence abetted is

triable.

Court by which

offence abetted is

triable.

1731

2 3 4 5 6

Abetment of an offence,

punishable with death or

imprisonment for life, if

the offence be not

committed in

consequence of the

abetment.

If an act which causes

harm to be done in

consequence of the

abetment.

56 Abetment of an offence,

punishable with

imprisonment, if the

offence be not committed

in consequence of the

abetment.

Imprisonment

for 14 years

and fine.

Imprisonment

extending to

one-fourth of

the longest

term provided

for the offence,

or fine, or both.

If the abettor or the person

Imprisonment

abetted be a public

extending to

servant whose duty it is to

one-half of the

prevent the offence.

longest term

provided for

the offence, or

fine, or both.

57 Abetting commission of

Imprisonment

an offence by the public

which may

or by more than ten

extend to 7

persons.

years and fine.

58(a) Concealing design to

Imprisonment

commit offence

for 7 years and

punishable with death or

fine.

imprisonment for life, if

the offence be committed.

58(b) If offence be not

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.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted

is cognizable or

non-cognizable.

Non-bailable. Court by which

offence abetted is

triable.

According as

offence abetted is

bailable or

non-bailable.

Court by which

offence abetted is

triable.

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(a) A public servant

concealing a design to

commit an offence which

it is his duty to prevent, if

the offence be committed.

Imprisonment

for 3 years and

fine.

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 cognizable or

non-cognizable.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted

is cognizable or

non-cognizable.

According as

offence abetted is

bailable or

Court by which

offence abetted is

triable.

non-bailable.

Non-bailable. Court by which

offence abetted is

triable.

Bailable. Court by which

offence abetted is

triable.

According as

offence abetted is

bailable or

non-bailable.

Court by which

offence abetted is

triable.

1741 2 3 4 5 6

59(b) If the offence be

punishable with death

or imprisonment for

life.

59(c) If the offence be not

committed.

60(a) Concealing a design to

commit an offence

punishable with

imprisonment, if

offence be committed.

60(b) If the offence be not

committed.

61(2)

(a)

61(2)

(1)

Criminal conspiracy to

commit an offence

punishable with death,

imprisonment for life or

rigorous imprisonment

for a term of 2 years or

upwards.

Any other criminal

conspiracy.

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.

Imprisonment for 10

years.

According as

offence abetted is

cognizable or

non-cognizable.

Imprisonment

According as

extending to one-

offence abetted is

fourth of the longest

cognizable or

term provided for the

non-cognizable.

offence, or fine, or

both.

Imprisonment

According as

extending to one-

offence abetted is

fourth of the longest

cognizable or

term provided for the

non-cognizable.

offence, or fine, or

both.

Imprisonment

extending to one-

eighth part of the

longest term

According as

offence abetted is

cognizable or

non-cognizable.

provided for the

offence, or fine, or

both.

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.

Non-bailable. Court by which

offence abetted is

triable.

Bailable. Court by which

offence abetted is

triable.

According as

Court by which

offence abetted

offence abetted is

is bailable or

triable.

non-bailable.

Bailable. Court by which

offence abetted is

triable.

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.

Imprisonment for 6

months, or fine, or

both.

One half of the

According as the

imprisonment for

men offence is

life, or imprisonment

cognizable or

not exceeding one-

non-cognizable.

half of the longest

term, provided for

the offence, or fine,

or both.

Non-cognizable. Bailable. Magistrate of the

first class.

According as

the offence

attempted by

the offender is

bailable or

non-bailable.

The court by

which the offence

attempted is

triable.

1751 2 3 4 5 6

64(1) Rape. Rigorous imprisonment

for not less than 10 years

but which may extend to

imprisonment for life,

and fine.

64(2) Rape by a police officer

Rigorous imprisonment

or a public servant or

for not less than 10 years

member of armed forces

but which may extend to

or a person being on the

imprisonment for life

management or on the

which shall mean the

staff of a jail, remand

remainder of that

home or other place of

person's natural life and

custody or women's or

fine.

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 person

raped.

65(1) Persons committing

offence of rape on a

woman under sixteen

years of age.

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

fine.

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.

1761 2 3 4 5 6

66 Person committing an

Rigorous imprisonment

offence of rape and

for not less than 20

inflicting injury which

years but which may

causes death or causes the

extend to imprisonment

woman to be in a

for life which shall

persistent vegetative state.

mean imprisonment for

the remainder of that

person's natural life or

death.

67 Sexual intercourse by

husband upon his wife

during separation.

Imprisonment for not

less than 2 years but

which may extend to 7

years and fine.

68 Sexual intercourse by a

person in authority, etc.

Rigorous imprisonment

for not less than 5 years,

but which may extend

to 10 years and fine.

69 Sexual intercourse by

Imprisonment which

employing deceitful

may extend to 10 years

means, etc.

and fine.

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.

70(2) Gang rape on a woman

under eighteen 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.

71 Repeat offenders. Imprisonment for life

which shall mean

imprisonment for the

remainder of that

person's natural life or

with death.

72(1) Disclosure of identity of

the victim of certain

offences, etc.

Imprisonment for 2

years and fine.

Cognizable. Non-bailable. Court of Session.

Cognizable

Bailable. Court of Session.

(only on the

complaint of

the victim).

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Any Magistrate.

1771 2 3 4 5 6

73 Printing or publication of

Imprisonment for

a proceeding without prior

2 years and fine.

permission of court.

74 Assault or use of criminal

Imprisonment for

force to woman with

1 year which may

intent to outrage her

extend to 5 years and

modesty.

fine.

75(2) Sexual harassment and

Rigorous imprisonment

punishment for sexual

with 3 years, or fine, or

harassment specified in

both.

clause (i) or clause (ii) or

clause (iii) of

sub-section (1).

75(3) Sexual harassment and

Imprisonment for 1

punishment for sexual

year, or fine, or both.

harassment specified in

clause (iv) of sub-section

(1).

76 Assault or use of criminal

Imprisonment for not

force to woman with

less than 3 years but

intent to disrobe.

which may extend to 7

years and fine.

77 Voyeurism. Imprisonment for not

less than 1 year but

which may extend to 3

years and fine.

Second or subsequent

Imprisonment for not

conviction.

less than 3 years but

which may extend to 7

years and fine.

78(2) Stalking. Imprisonment up to

3 years and fine.

Second or subsequent

Imprisonment up to

conviction.

5 years and fine.

79 Uttering any word or

Simple imprisonment

making any gesture

for 3 years and fine.

intended to insult the

modesty of a woman, etc.

80(2) Dowry death. Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

81 Imprisonment for not

less than 7 years but

which may extend to

imprisonment for life.

Imprisonment for 10

years and fine.

Cognizable. Non-bailable. Court of Session.

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.

Non-

cognizable.

Non-bailable. Magistrate of the

first class.

1781 2 3 4 5 6

82(1) Marrying again during the

life time of a husband or

wife.

82(2) Same offence with

concealment of the former

marriage from the person

with whom subsequent

marriage is contracted.

83 A person with fraudulent

intention going through the

ceremony of being married,

knowing that he is not

thereby lawfully married.

84 Enticing or taking away or

detaining with a criminal

intent a married woman.

85 Punishment for subjecting

a married woman to

cruelty.

Imprisonment for

7 years and fine.

Imprisonment for

10 years and fine.

Imprisonment up

to 7 years and fine.

Non-cognizable. Bailable. Magistrate of the

first class.

Non-cognizable. Bailable. Magistrate of the

first class.

Non-cognizable. Non-bailable. Magistrate of the

first class.

Imprisonment for

2 years, or fine, or

both.

Imprisonment for

3 years and fine.

Non-cognizable. Bailable. Any Magistrate.

Cognizable if

information relating

to the commission of

the offence is given

to an officer in

charge of a police

station by the person

aggrieved by the

offence or by any

by blood, marriage

or adoption or if

there is no such

relative, by any

public servant

belonging to such

class or category as

may be notified by

the State

Government in this

behalf.

Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court of Session.

87 Kidnapping, abducting or

inducing woman to

Imprisonment for

10 years and fine.

compel her marriage, etc.

88 Causing miscarriage. Imprisonment for

3 years, or fine, or

both.

If the woman be quick

with child.

Imprisonment for

7 years and fine.

Non-cognizable. Bailable. Magistrate of the

first class.

Non-cognizable. Bailable. Magistrate of the

first class.

1791 2 3 4 5 6

89 Causing miscarriage

Imprisonment for life,

without women's consent.

or imprisonment for

10 years and fine.

90(1) Death caused by an act

Imprisonment for 10

done with intent to cause

years and fine.

miscarriage.

90(2) If act done without

Imprisonment for life,

or as above.

91 Act done with intent to

Imprisonment for

prevent a child being born

10 years, or fine, or

alive, or to cause it to die

both.

after its birth.

92 Causing death of a quick

Imprisonment for

unborn child by an act

10 years and fine.

amounting to culpable

homicide.

93 Exposure of a child under

Imprisonment for

12 years of age by parent

7 years, or fine, or

or person having care of it

both.

with intention of wholly

abandoning it.

94 Concealment of birth by

Imprisonment for 2

secret disposal of dead

years, or fine, or both.

body.

95 Hiring, employing or

engaging a child to

commit an offence.

If offence be committed. Imprisonment for not

less than 3 years but

which may extend to

10 years and fine.

Same as for the

offence committed.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court by which

offence

committed is

triable.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Magistrate of the

first class.

96 Procuration of child. Imprisonment for

10 years and fine.

97 Kidnapping or abducting

Imprisonment for

a child under ten years

7 years and fine.

with intent to steal from

its person.

98 Selling child for purposes

of prostitution, etc.

99 Buying child for purposes

of prostitution, etc.

Imprisonment for

10 years and fine.

Imprisonment for not

less than 7 years but

which may extend to

14 years and fine.

103(1) Murder. Death or

imprisonment for life

and fine.

Cognizable. Non-bailable. Court of Session.

1801 2 3 4 5 6

103(2) Murder by group of five

or more persons.

Death or with

imprisonment for life

and fine.

104 Murder by life-convict. Death or

imprisonment for life,

which shall mean the

remainder of that

person's natural life.

105 Culpable homicide not

Imprisonment for life,

amounting to murder, if

or Imprisonment for

act by which the death is

not less than 5 years

caused is done with

but which may extend

intention of causing death,

to 10 years and fine.

etc.

If act be done with

knowledge that it is likely

to cause death, but

Imprisonment for

10 years and with

fine.

without any intention to

cause death, etc.

106(1) Causing death by

negligence.

Causing death by

negligence by registered

Imprisonment for

5 years and fine.

Imprisonment for

2 years and fine.

medical practitioner.

106(2) Causing death by rash and

Imprisonment for 10

negligent driving of

years and fine.

vehicle and escaping.

107 Abetment of suicide of

child or person of

unsound mind, etc.

Death, or

imprisonment for life,

or imprisonment for

10 years and fine.

108 Abetment of suicide. Imprisonment for

10 years and fine.

109(1) Attempt to murder. Imprisonment for

10 years and fine.

If such act causes hurt to

any person.

109(2) Attempt by life-convict to

murder, if hurt is caused.

Imprisonment for life,

or as above.

Death, or

imprisonment for life

which shall mean the

remainder of that

person's natural life.

110 Attempt to commit

culpable homicide.

Imprisonment for 3

years, or fine or both.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

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.

1811 2 3 4 5 6

111(2)

(a)

Organised crime resulting

in death of any person.

Death or imprisonment

Cognizable. Non-bailable. Court of Session.

for life and fine of not

less than 10 lakh

rupees.

111(2)

(b)

In any other case. Imprisonment for not

Cognizable. Non-bailable. Court of Session.

less than 5 years but

which may extend to

imprisonment for life

and fine of not less

than 5 lakh rupees.

111(3) Abetting, attempting,

conspiring or knowingly

facilitating the commission

of organised crime.

Imprisonment for not

Cognizable. Non-bailable. Court of Session.

less than 5 years but

which may extend to

imprisonment for life

and fine of not less

than 5 lakh rupees.

111(4) Being a member of an

organised crime syndicate.

Imprisonment for not

Cognizable. Non-bailable. Court of Session.

less than 5 years but

which may extend to

imprisonment for life

and fine of not less

than 5 lakh rupees.

111(5) Intentionally harbouring or

concealing any person who

committed offence of

organised crime.

Imprisonment for not

Cognizable. Non-bailable. Court of Session.

less than 3 years but

which may extend to

imprisonment for life

and fine of not less

than 5 lakh rupees.

111(6) Possessing property

derived, or obtained from

the commission of

organised crime.

Imprisonment for not

Cognizable. Non-bailable. Court of Session.

less than 3 years but

which may extend to

imprisonment for life

and fine of not less

than 2 lakh rupees.

111(7) Possessing property on

behalf of a member of an

organised crime syndicate.

Imprisonment for not

Cognizable. Non-bailable. Court of Session.

less than 3 years but

which may extend to

imprisonment for 10

years and fine of not

less than 1 lakh rupees.

112 Petty Organised crime. Imprisonment for not

less than 1 year but

Cognizable. Non-bailable. Magistrate of the

first class.

which may extend to

7 years and fine.

113(2)

(a)

Terrorist act resulting in

the death of any person.

Death or

Cognizable. Non-bailable. Court of Session.

imprisonment for life

and fine.

1821 2 3 4 5 6

113(2)

(b)

In any other case. 113(3) Conspiring, attempting,

abetting, etc., or

knowingly facilitating the

commission of terrorist

act.

113(4) Organising camps,

training, etc., for

commission of terrorist

act.

113(5) Being a member of an

organisation involved in

terrorist act.

113(6) Harbouring, concealing,

etc., of any person who

committed a terrorist act.

Imprisonment for not

less than 5 years but

which may extend to

imprisonment for life

and fine.

Imprisonment for not

less than 5 years but

which may extend to

imprisonment for life

and fine.

Imprisonment for not

less than 5 years but

which may extend to

imprisonment for life

and fine.

Imprisonment for life

and fine.

Imprisonment for not

less than 3 years but

which may extend to

imprisonment for life

and fine.

Imprisonment for life

and fine.

Cognizable. Non-bailable. Court of Session.

113(7) Possessing property

derived or obtained from

commission of terrorist

act.

115(2) Voluntarily causing hurt. Imprisonment for 1

year or fine of 10,000

rupees, or both.

117(2) Voluntarily causing

Imprisonment for 7

grievous hurt.

years and fine.

117(3) If hurt to results in

Rigorous

permanent disability or

imprisonment for not

persistent vegetative state.

less than 10 years but

which may extend to

imprisonment for life

which shall mean the

remainder of that

person's natural life.

117(4) Grievous hurt caused by a

Imprisonment for 7

group of 5 or more

years and fine.

persons.

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. Court of Session.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Any Magistrate.

1831 2 3 4 5 6

118(2) Voluntarily causing

Imprisonment for life

grievous hurt by

or imprisonment of

Cognizable. Non-bailable. Magistrate of the

first class.

dangerous weapons or

not less than 1 year

means [except as provided

but which may extend

in section 122(2)].

to 10 years and fine.

119(1) Voluntarily causing hurt

Imprisonment for 10

to extort property, or to

years and fine.

Cognizable. Non-bailable. Magistrate of the

first class.

constrain to an illegal act.

119(2) Voluntarily causing

Imprisonment for life,

Cognizable. Non-bailable. Court of Session.

grievous hurt for any

or imprisonment for

purpose referred to in sub-

10 years and fine.

section (1).

120(1) Voluntarily causing hurt

to extort confession or

Imprisonment for 7

years and fine.

Cognizable. Bailable. Magistrate of the

first class.

information, or to compel

restoration of property,

etc.

120(2) Voluntarily causing

grievous hurt to extort

Imprisonment for 10

years and fine.

Cognizable. Non-bailable. Court of Session.

confession or information,

or to compel restoration of

property, etc.

121(1) Voluntarily causing hurt

to deter public servant

Imprisonment for 5

years, or fine, or both.

Cognizable. Non-bailable. Magistrate of the

first class.

from his duty.

121(2) Voluntarily causing

Imprisonment not less

Cognizable. Non-bailable. Court of Session.

grievous hurt to deter

than 1 year, or

public servant from his

imprisonment for 10

duty.

years and fine.

122(1) Voluntarily causing hurt

Imprisonment for 1

on grave and sudden

month, or fine of

Non-

cognizable.

Bailable. Any Magistrate.

provocation, not intending

5,000 rupees, or both.

to hurt any other than the

person who gave the

provocation.

122(2) Causing grievous hurt on

grave and sudden

provocation, not intending

to hurt any other than the

Imprisonment for 5

years, or fine of

10,000 rupees, or

both.

Cognizable. Bailable. Magistrate of the

first class.

person who gave the

provocation.

123 Causing hurt by means of

poison, etc., with intent to

Imprisonment for 10

years and fine.

Cognizable. Non-bailable. Court of Session.

commit an offence.

1841 2 3 4 5 6

124(1) Voluntarily causing

grievous hurt by use of

acid, etc.

Imprisonment for not

less than 10 years but

which may extend to

imprisonment for life

and fine.

124(2) Voluntarily throwing or

attempting to throw acid.

Imprisonment for 5

years but which may

extend to 7 years and

fine.

125 Doing any act

Imprisonment for 3

endangering human life or

months, or fine of

personal safety of others.

2,500 rupees, or both.

125(a) Where hurt is caused. Imprisonment for 6

months, or fine of

5,000 rupees, or both.

125(b) Where grievous hurt is

caused.

Imprisonment for

3 years, or fine of

10,000 rupees, or

both.

126(2) Wrongfully restraining

any person.

Simple imprisonment

for 1 month, or fine of

5,000 rupees, or both.

127(2) Wrongfully confining any

person.

Imprisonment for

1 year, or fine of

5,000 rupees, or both.

127(3) Wrongfully confining for

three or more days.

Imprisonment for

3 years, or fine of

10,000 rupees, or

both.

127(4) Wrongfully confining for

10 or more days.

Imprisonment for

5 years and fine of

10,000 rupees.

127(5) Keeping any person in

wrongful confinement,

knowing that a writ has

been issued for his

liberation.

Imprisonment for

2 years in addition to

any term of

imprisonment to

under any other

section and fine.

127(6) Wrongful confinement in

secret.

Imprisonment for

3 years in addition to

other punishment

which he is liable to

and fine.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

1851 2 3 4 5 6

127(7) Wrongful confinement for

Imprisonment for 3

the purpose of extorting

years and fine.

property, or constraining

to an illegal act, etc.

127(8) Wrongful confinement for

Imprisonment for 3

the purpose of extorting

years and fine.

confession or information,

or for compelling

restoration of property,

etc.

131 Assault or criminal force

otherwise than on grave

provocation.

132 Assault or use of criminal

force to deter public

Imprisonment for 3

months, or fine of

1,000 rupees, or both.

Imprisonment for 2

years, or fine, or both.

servant from discharge of

his duty.

133 Assault or criminal force

with intent to dishonour a

Imprisonment for 2

years, or fine, or both.

person, otherwise than on

grave and sudden

provocation.

134 Assault or criminal force

in attempt to commit theft

Imprisonment for 2

years, or fine, or both.

of property worn or

carried by a person.

135 Assault or use of criminal

force in attempt

wrongfully to confine a

Imprisonment for 1

year, or fine of 5,000

rupees, or both.

person.

136 Assault or use of criminal

Simple imprisonment

force on grave and sudden

for one month, or fine

provocation.

of 1,000 rupees, or

both.

137(2) Kidnapping. Imprisonment for 7

years and fine.

139(1) Kidnapping a child for

purposes of begging.

Rigorous

imprisonment not be

less than 10 years but

which may extend to

imprisonment for life,

and fine.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

1861 2 3 4 5 6

139(2) Maiming a child for

purposes of begging.

140(1) Kidnapping or abducting

in order to murder.

Imprisonment not be

less than 20 years

which may extend to

remainder of that

person's natural life,

and fine.

Imprisonment for life,

or rigorous

imprisonment for 10

years and fine.

Death, or

imprisonment for life

and fine.

Imprisonment for

7 years and fine.

Cognizable. Non-bailable. Court of Session.

140(2) Kidnapping for ransom,

etc.

140(3) Kidnapping or abducting

with intent secretly and

wrongfully to confine a

person.

140(4) Kidnapping or abducting

in order to subject a

Imprisonment for

10 years and fine.

person to grievous hurt,

slavery, etc.

141 Importation of a girl or

boy from foreign country.

142 Wrongfully concealing or

keeping in confinement,

kidnapped or abducted

Imprisonment for 10

years and fine.

Punishment for

kidnapping or

abduction.

person.

143(2) Trafficking of person. Rigorous

imprisonment for not

less than 7 years but

which may extend to

10 years and fine.

143(3) Trafficking of more than

one person.

Rigorous

imprisonment for not

less than 10 years but

which may extend to

imprisonment for life

and fine.

143(4) Trafficking of a child. Rigorous

imprisonment for not

less than 10 years but

which may extend to

imprisonment for life

and fine.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court by which

the kidnapping or

abduction is

triable.

Cognizable. Non-bailable. Court of Session.

1871 2 3 4 5 6

143(5) Trafficking of more than

one child.

Rigorous

imprisonment for not

less than 14 years but

which may extend to

imprisonment for life

and fine.

143(6) Person convicted of offence

Imprisonment for life

of trafficking of child on

which shall mean the

more than one occasion.

remainder of that

person's natural life

and fine.

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.

144(1) Exploitation of a

trafficked child.

Rigorous

imprisonment for not

less than 5 years but

which may extend to

10 years and fine.

144(2) Exploitation of a

trafficked person.

Rigorous

imprisonment for not

less than 3 years but

which may extend to

7 years and fine.

145 Habitual dealing in slaves. Imprisonment for life,

or imprisonment for

10 years and fine.

146 Unlawful compulsory

Imprisonment for 1

labour.

year, or fine, or both.

147 Waging or attempting to

Death, or

wage war, or abetting the

imprisonment for life

waging of war, against the

and fine.

Government of India.

148 Conspiring to commit

Imprisonment for life,

certain offences against

or imprisonment for

the State.

10 years and fine.

149 Collecting arms, etc., with

Imprisonment for life,

the intention of waging

or imprisonment for

war against the

10 years and fine.

Government of India.

150 Concealing with intent to

facilitate a design to wage

Imprisonment for

10 years and fine.

war.

151 Assaulting President,

Imprisonment for

Governor, etc., with intent

7 years and fine.

to compel or restrain the

exercise of any lawful

power.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Court of Session.

1881 2 3 4 5 6

152 Act endangering

Imprisonment for life,

sovereignty, unity and

or imprisonment for 7

integrity of India.

years and fine.

153 Waging war against

Imprisonment for life

Government of any

and fine, or

foreign State at peace with

imprisonment for 7

the Government of India.

years and fine, or fine.

154 Committing depredation

Imprisonment for 7

on the territories of any

years and fine, and

foreign state at peace with

forfeiture of certain

the Government of India.

property.

155 Receiving property taken

Imprisonment for 7

by war or depredation

years and fine, and

mentioned in sections 153

forfeiture of certain

and 154.

property.

156 Public servant voluntarily

Imprisonment for life,

allowing prisoner of state

or imprisonment for

or war in his custody to

10 years and fine.

escape.

157 Public servant negligently

suffering prisoner of State

Simple imprisonment

for 3 years and fine.

or war in his custody to

escape.

158 Aiding escape of, rescuing

Imprisonment for life,

or harbouring such

or imprisonment for

prisoner.

10 years and fine.

159 Abetting mutiny, or

Imprisonment for life,

attempting to seduce an

or imprisonment for

officer, soldier, sailor or

10 years and fine.

airman from his

allegiance or duty.

160 Abetment of mutiny, if

mutiny is committed in

consequence thereof.

Death, or

imprisonment for life,

or imprisonment for

10 years and fine.

161 Abetment of assault by an

Imprisonment for

officer, soldier, sailor or

3 years and fine.

airman on his superior

officer, when in execution

of his office.

162 Abetment of such assault,

if the assault committed.

Imprisonment for

7 years and fine.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

1891 2 3 4 5 6

163 Abetment of the desertion

Imprisonment for

of an officer, soldier,

2 years, or fine, or

sailor or airman.

both.

164 Harbouring deserter. Imprisonment for

2 years, or fine, or

both.

Fine of 3,000 rupees. Non-

Cognizable. Bailable. Any Magistrate.

165 Deserter concealed on

board merchant vessel

through negligence of

master or person in charge

thereof.

166 Abetment of act of

insubordination by an

officer, soldier, sailor or

Imprisonment for

2 years, or fine, or

both.

airman if the offence be

committed in

consequence.

168 Wearing garb or carrying

Imprisonment for 3

token used by soldier,

months, or fine of

sailor or airman.

2,000 rupees, or both.

173 Bribery. Imprisonment for 1

year or fine, or both,

or if treating only,

fine only.

174 Undue influence or

personation at an election.

Imprisonment for

1 year, or fine, or

both.

Bailable. Any Magistrate.

cognizable.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

175 False statement in

connection with an

election.

176 Illegal payments in

connection with elections.

177 Failure to keep election

accounts.

178 Counterfeiting coins,

government stamps,

currency-notes or bank-

notes.

179 Using as genuine forged

or counterfeit coin,

Government stamp

currency-notes or bank-

notes.

180 Possession of forged or

counterfeit coin,

Government stamp,

currency-notes or bank-

notes.

Fine. Non-

cognizable.

Bailable. Magistrate of the

first class.

Fine of 10,000 rupees. Non-

Bailable. Magistrate of the

cognizable.

first class.

Fine of 5,000 rupees. Non-

Bailable. Magistrate of the

cognizable.

first class.

Imprisonment for life,

Cognizable. Non-bailable. Court of Session.

or imprisonment for

10 years and fine.

Imprisonment for life,

or imprisonment for

10 years and fine.

Cognizable. Non-bailable. Court of Session.

Imprisonment for

7 years, or fine, or

both.

Cognizable. Non-bailable. Court of Session.

1901 2 3 4 5 6

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

Fine of 300 rupees. Non-

Bailable. Any Magistrate.

documents resembling

cognizable.

currency-notes or bank-

notes.

182(2) On refusal to disclose the

Fine of 600 rupees. Non-

Bailable. Any Magistrate.

name and address of the

cognizable.

printer.

183 Effacing any writing from a

Imprisonment for 3

substance bearing a

years, or fine, or both.

Cognizable. Bailable. Magistrate of the

first class.

Government stamp,

removing from a document

a stamp used for it, with

intent to cause a loss to

Government.

184 Using a Government stamp

known to have been before

Imprisonment for 2

years, or fine, or both.

Cognizable. Bailable. Any Magistrate.

used.

185 Erasure of mark denoting

Imprisonment for 3

Cognizable. Bailable. Magistrate of the

that stamps have been used.

years, or fine, or both.

first class.

186 Fictitious stamps. Fine of 200 rupees. Cognizable. Bailable. Any Magistrate.

187 Person employed in a Mint

Imprisonment for 7

Cognizable. Non-bailable. Magistrate of the

causing coin to be of a

years and fine.

first class.

different weight or

composition from that

fixed by law.

188 Unlawfully taking from a

Mint any coining

Imprisonment for 7

years and fine.

Cognizable. Non-bailable. Magistrate of the

first class.

instrument.

189(2) Being member of an

Cognizable. Bailable. Any Magistrate.

unlawful assembly.

Imprisonment for 6

months, or fine, or

both.

189(3) Joining or continuing in an

Imprisonment for 2

unlawful assembly,

years, or fine, or both.

knowing that it has been

commanded to disperse.

189(4) Joining an unlawful

assembly armed with any

Imprisonment for 2

years, or fine, or both.

deadly weapon.

189(5) Knowingly joining or

continuing in any assembly

of five or more persons

Imprisonment for 6

months, or fine, or

both.

after it has been

commanded to disperse.

Cognizable. Bailable. Any Magistrate.

1911 2 3 4 5 6

189(6) Hiring, engaging or

The same as for a

employing persons to take

member of such

part in an unlawful

assembly, and for any

assembly.

offence committed by

any member of such

assembly.

189(7) Harbouring persons hired

for an unlawful assembly.

Imprisonment for

6 months, or fine, or

both.

189(8) Being hired to take part in

an unlawful assembly or

riot.

189(9) Or to go armed. Imprisonment for

6 months, or fine, or

both.

Imprisonment for

2 years, or fine, or

both.

The same as for the

offence.

Cognizable. According as

offence is

bailable or non-

bailable.

The Court by

which the offence

is triable.

Cognizable. Bailable. Any Magistrate.

190 Every member of

unlawful assembly guilty

of offence committed in

prosecution of common

object.

191(2) Rioting. Imprisonment for

2 years, or fine, or

both.

191(3) Rioting, armed with a

Imprisonment for

deadly weapon.

5 years, or fine, or

both.

192 Wantonly giving

Imprisonment for

provocation with intent to

1 year, or fine, or

cause riot, if rioting be

both.

committed.

If not committed. Imprisonment for

6 months, or fine, or

both.

193(1) Owner or occupier of land

Fine of 1,000 rupees. Non-

not giving information of

riot, etc.

193(2) Person for whose benefit

Fine. Non-

or on whose behalf a riot

takes place not using all

lawful means to prevent

it.

193(3) Agent of owner or

Fine. Non-

occupier for whose

benefit a riot is committed

not using all lawful means

to prevent it.

194(2) Committing affray. cognizable.

cognizable.

According as

offence is

cognizable or

non-

According as

offence is

bailable or non-

bailable.

The Court by

which the offence

is triable.

cognizable.

Cognizable. Bailable. Any Magistrate.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Any Magistrate.

Bailable. Any Magistrate.

Imprisonment for one

month, or fine of

1,000 rupees, or both.

Cognizable. Bailable. Any Magistrate.

1921 2 3 4 5 6

195(1) Assaulting or obstructing

public servant when

suppressing riot, etc.

195(2) Threatening to assault or

attempting to obstruct

public servant when

suppressing riot, etc.

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.

196(2) Promoting enmity

between classes in place

of worship, etc.

197(1) Imputations, assertions

prejudicial to national

integration.

197(2) If committed in a place of

public worship, etc.

198 Public servant disobeying

direction of the law with

intent to cause injury to

any person.

199 Public servant disobeying

direction under law.

Imprisonment for

3 years, or fine not

less than 25,000

rupees, or both.

Imprisonment for

1 year, or fine, or

both.

Imprisonment for

3 years, or fine, or

both.

Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Non-bailable. Magistrate of the

first class.

200 Non-treatment of victim

by hospital.

201 Public servant framing an

incorrect document with

intent to cause injury.

202 Public servant unlawfully

engaging in trade.

203 Public servant unlawfully

buying or bidding for

property.

Imprisonment for

5 years and fine.

Imprisonment for

3 years, or fine, or

both.

Imprisonment for

5 years and fine.

Simple imprisonment

for 1 year, or fine, or

both.

Rigorous

imprisonment for not

less than 6 months

which may extend to

2 years and fine.

Imprisonment for

1 year, or fine, or

both.

Imprisonment for

3 years, or fine, or

both.

Simple imprisonment

for 1 year, or fine, or

both, or community

service.

Simple imprisonment

for 2 years, or fine, or

both and confiscation

of property, if

purchased.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate f the

firstclass.

1931 2 3 4 5 6

204 Personating a public

servant.

205 Wearing garb or carrying

token used by public

servant with fraudulent

intent.

206(a) Absconding to avoid

service of summons or

other proceeding from a

public servant.

206(b) If summons or notice

require attendance in

person, etc., in a Court.

207(a) Preventing service of

summons or other

proceeding, or preventing

publication thereof.

207(b) If summons, etc., require

attendance in person, etc.,

in a Court.

208(a) Non-attendance in

obedience to an order

from public servant.

208(b) If the order requires

personal attendance, etc.,

in a Court

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 of this

Sanhita pronouncing a

person as proclaimed

offender.

Imprisonment for not

less than 6 months but

which may extend to

3 years and fine.

Imprisonment for

3 months, or fine of

5,000 rupees, or both.

Cognizable. Non-bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

Simple imprisonment

Non-

for 1 month, or fine of

cognizable.

5,000 rupees, or both.

Simple imprisonment

for 6 months, or fine

Non-

cognizable.

of 10,000 rupees, or

both.

Simple imprisonment

Non-

for 1 month, or fine of

cognizable.

5,000 rupees, or both.

Simple imprisonment

for 6 months, or fine

Non-

cognizable.

of 10,000 rupees, or

both.

Simple imprisonment

Non-

for 1 month, or fine of

cognizable.

5,000 rupees, or both.

Simple imprisonment

for 6 months, or fine

Non-

cognizable.

of 10,000 rupees, or

both.

Imprisonment for

3 years, or fine, or

both, or community

service.

Imprisonment for

7 years and fine.

Bailable. Any Magistrate.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

1941 2 3 4 5 6

210(a) Omission to produce

document to public

servant by person legally

bound to produce or

deliver it.

Simple imprisonment

Non-

for 1 month, or fine of

cognizable.

5,000 rupees, or both.

210(b) If the document is

Simple imprisonment

required to be produced in

for 6 months, or fine

or delivered to a Court.

of 10,000 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.

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.

Bailable. Any Magistrate.

211(a) Intentional omission to

give notice or information

to public servant by

Simple imprisonment

Non-

for 1 month, or fine of

cognizable.

5,000 rupees, or both.

person legally bound to

give it.

211(b) If the notice or

information required

respects the commission

of an offence, etc.

211(c) If the notice or

information is required by

an order passed under

Simple imprisonment

for 6 months, or fine

of 10,000 rupees, or

both.

Imprisonment for

6 months, or fine of

1,000 rupees, or both.

Non-

cognizable.

Non-

cognizable.

sub-section (1) of section

394 of this Sanhita.

212(a) Knowingly furnishing

Simple imprisonment

false information to public

for 6 months, or fine

Non-

cognizable.

servant.

of 5,000 rupees, or

both.

212(b) If the information

Imprisonment for

required respects the

2 years, or fine, or

Non-

cognizable.

commission of an offence,

both.

etc.

Bailable. Any Magistrate.

1951 2 3 4 5 6

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.

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.

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.

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.

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.

Bailable. Magistrate of the

first class.

Bailable. Any Magistrate.

216 Knowingly stating to a

public servant on oath as

Imprisonment for

3 years and fine.

true that which is false.

217 Giving false information

to a public servant in

order to cause him to use

his lawful power to the

Imprisonment for

1 year, or with fine of

10,000 rupees, or

both.

injury or annoyance of

any person.

218 Resistance to the taking of

Imprisonment for

property by the lawful

6 months, or fine of

authority of a public

10,000 rupees, or

servant.

both.

Non-

cognizable.

Non-

cognizable.

Non-

cognizable.

Bailable. Any Magistrate.

1961 2 3 4 5 6

219 Obstructing sale of

Imprisonment for

Non-

property offered for sale

1 month, or fine of

cognizable.

by authority of a public

5,000 rupees, or both.

servant.

220 Illegal purchase or bid for

Imprisonment for

Non-

property offered for sale

1 month, or fine of

cognizable.

by authority of public

200 rupees, or both.

servant.

221 Obstructing public servant

Imprisonment for

Non-

in discharge of his public

3 months, or fine of

cognizable.

functions.

2,500 rupees, or both.

222(a) Omission to assist public

Simple imprisonment

Non-

servant when bound by

for 1 month, or fine of

cognizable.

law to give such

2,500 rupees, or both.

assistance.

222(b) Wilfully neglecting to aid

Simple imprisonment

Non-

a public servant who

for 6 months, or fine

cognizable.

demands aid in the

of 5,000 rupees, or

execution of process, the

both.

prevention of offences,

etc.

223(a) Disobedience to an order

Simple imprisonment

lawfully promulgated by a

for 6 months, or fine

public servant, if such

of 2,500 rupees, or

disobedience causes

both.

obstruction, annoyance or

injury to persons lawfully

employed.

223(b) If such disobedience

Imprisonment for

causes danger to human

1 year, or fine of

life, health or safety, or

5,000 rupees, or both.

causes or tends to cause a

riot or affray.

224 Threat of injury to public

Imprisonment for

Non-

servant, etc.

2 years, or fine, or

cognizable.

both.

225 Threat of injury to induce

Imprisonment for

person to refrain from

1 year, or fine, or

Non-

cognizable.

applying for protection to

both.

public servant.

226 Attempt to commit

suicide to compel or

restraint exercise of

lawful power.

229(1) Intentionally giving or

fabricating false evidence

in a judicial proceeding.

Imprisonment for

1 year, or fine, or

both, or community

service.

Imprisonment for

7 years and 10,000

rupees.

Non-

cognizable.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Magistrate of the

first class.

1971 2 3 4 5 6

229(2) Giving or fabricating false

Imprisonment for

evidence in any other

3 years and 5,000

Non-

cognizable.

case.

rupees.

230(1) Giving or fabricating false

Imprisonment for life,

Non-

evidence with intent to

or rigorous

cognizable.

cause any person to be

imprisonment for

convicted of capital

10 years and 50,000

offence.

rupees.

230(2) If innocent person be

Death, or as above. Non-

thereby convicted and

cognizable.

executed.

231 Giving or fabricating false

The same as for the

Non-

evidence with intent to

offence.

cognizable.

procure conviction of an

offence punishable with

imprisonment for life or

with imprisonment for 7

years, or upwards.

232(1) Threatening any person to

give false evidence.

Imprisonment for

7 years, or fine, or

both.

232(2) If innocent person is

convicted and sentenced

in consequence of false

evidence with death, or

imprisonment for more

than 7 years.

233 Using in a judicial

proceeding evidence

known to be false or

fabricated.

The same as for the

offence.

The same as for

giving or fabricating

false evidence.

Non-

cognizable.

Bailable. Any Magistrate.

Non-bailable. Court of Session.

Cognizable. Non-bailable. Court by which

offence of giving

false evidence is

triable.

Cognizable. Non-bailable. Court by which

offence of giving

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.

235 Using as a true certificate

one known to be false in a

material point.

236 False statement made in

any declaration which is

by law receivable as

evidence.

The same as for

giving false evidence.

Non-

cognizable.

According as

offence of

giving such

evidence is

bailable or non-

Court by which

offence of giving

or fabricating

false evidence is

triable.

bailable.

Bailable. Court by which

offence of giving

false evidence is

triable.

The same as for

giving false evidence.

The same as for

giving false evidence.

Non-

cognizable.

Non-

cognizable.

Bailable. Court by which

offence of giving

false evidence is

triable.

Bailable. Court by which

offence of giving

false evidence is

triable.

1981 2 3 4 5 6

237 Using as true any such

declaration known to be

false.

238(a) Causing disappearance of

evidence of an offence

committed, or giving false

information touching it to

screen the offender, if a

capital offence.

The same as for

giving false evidence.

Imprisonment for

7 years and fine.

238(b) If punishable with

imprisonment for life or

imprisonment for 10

years.

238(c) If punishable with less

than 10 years'

imprisonment.

Imprisonment for

3 years and fine.

Non-

cognizable.

Bailable. Court by which

offence of giving

false evidence is

triable.

Bailable. Court of Session.

According as

the offence in

relation to

which

disappearance

of evidence is

caused is

cognizable or

non-

cognizable.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Imprisonment for

one-fourth of the

longest term provided

for the offence, or

fine, or both.

239 Intentional omission to

Imprisonment for

give information of an

6 months, or fine of

offence by a person

5,000 rupees, or both.

legally bound to inform.

240 Giving false information

Imprisonment for

respecting an offence

2 years, or fine, or

committed.

both.

241 Secreting or destroying

Imprisonment for

any document to prevent

3 years, or fine of

its production as evidence.

5,000 rupees, or both.

242 False personation for the

Imprisonment for

purpose of any act or

3 years, or fine, or

proceeding in a suit or

both.

criminal prosecution, or

for becoming bail or

security.

243 Fraudulent removal or

Imprisonment for

concealment, etc., of

3 years, or fine, of

property to prevent its

5,000 rupees, or both.

seizure as a forfeiture or

in satisfaction of a fine

under sentence, or in

execution of a decree.

Non-

cognizable.

Bailable. Court by which

the offence is

triable.

Bailable. Any Magistrate.

Non-

cognizable.

Non-

cognizable.

Non-

cognizable.

Non-

cognizable.

Bailable. Any Magistrate.

Bailable. Magistrate of the

first class.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Any Magistrate.

1991 2 3 4 5 6

244 Claiming property

Imprisonment for

without right, or

2 years, or fine, or

practising deception

both.

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.

245 Fraudulently suffering a

Imprisonment for

decree to pass for a sum

2 years, or fine, or

not due, or suffering

both.

decree to be executed

after it has been satisfied.

246 False claim in a Court. Imprisonment for

2 years and fine.

247 Fraudulently obtaining a

Imprisonment for

decree for a sum not due,

2 years, or fine, or

or causing a decree to be

both.

executed after it has been

satisfied.

248(a) False charge of offence

Imprisonment for

made with intent to injure.

5 years, or fine of

2 lakh rupees, or both.

248(b) Criminal proceeding

Imprisonment for

instituted on a false

10 years and fine.

charge of an offence

punishable with death,

imprisonment for life, or

imprisonment for ten

years or upwards.

249(a) Harbouring an offender, if

Imprisonment for

the offence is punishable

5 years and fine.

with death.

249(b) If punishable with

Imprisonment for

imprisonment for life or

3 years and fine.

with imprisonment for

10 years.

249(c) If punishable with

imprisonment for 1 year

and not for 10 years.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Bailable. Court of Session.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

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.

2001 2 3 4 5 6

250(a) Taking gift, etc., to screen

an offender from

punishment if the offence

is punishable with death.

250(b) If punishable with

imprisonment for life or

with imprisonment for 10

years.

250(c) If punishable with

imprisonment for less

than 10 years.

Imprisonment for

7 years and fine.

Imprisonment for

3 years and fine.

Imprisonment for

one-fourth of the

longest term provided

for the offence, or

fine, or both.

Imprisonment for

7 years and fine.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

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.

251(b) If punishable with

imprisonment for life or

with imprisonment for 10

years.

251(c) If punishable with

imprisonment for less

than 10 years.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Imprisonment for

3 years and fine.

Imprisonment for

one-fourth of the

longest term,

provided for the

offence, or fine, or

both.

Imprisonment for

2 years, or fine, or

both.

Non-

cognizable.

Non-

cognizable.

Bailable. Magistrate of the

first class.

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.

253(a) Harbouring an offender

who has escaped from

custody, or whose

apprehension has been

ordered, if the offence is

punishable with death.

253(b) If punishable with

imprisonment for life or

with imprisonment for

10 years.

Cognizable. Bailable. Magistrate of the

first class.

Imprisonment for

7 years and fine.

Cognizable. Bailable. Magistrate of the

first class.

Imprisonment for

3 years, with or

without fine.

Cognizable. Bailable. Magistrate of the

first class.

2011 2 3 4 5 6

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.

254 Harbouring robbers or

dacoits.

Rigorous

imprisonment for

7 years and fine.

255 Public servant disobeying

Imprisonment for

a direction of law with

2 years, or fine, or

intent to save person from

both.

punishment, or property

from forfeiture.

256 Public servant framing an

Imprisonment for

incorrect record or writing

3 years, or fine, or

with intent to save person

both.

from punishment, or

property from forfeiture.

257 Public servant in a judicial

Imprisonment for

proceeding corruptly

7 years, or fine, or

making and pronouncing

both.

an order, report, etc.

contrary to law.

258 Commitment for trial or

Imprisonment for

confinement by a person

7 years, or fine, or

having authority, who

both.

knows that he is acting

contrary to law.

259(a) Intentional omission to

Imprisonment for

apprehend on the part of a

7 years, with or

public servant bound by

without fine.

law to apprehend an

offender, if the offence is

punishable with death.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Bailable. Any Magistrate.

Non-

cognizable.

Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

According as

the offence in

Bailable. Magistrate of the

first class.

relation to

which such

omission has

been made is

cognizable or

non-

cognizable.

Cognizable. Bailable. Magistrate of the

first class.

259(b) If punishable with

imprisonment for life or

imprisonment for

10 years.

259(c) If punishable with

imprisonment for less

than 10 years.

Imprisonment for

3 years, with or

without fine.

Imprisonment for

2 years, with or

without fine.

Cognizable. Bailable. Magistrate of the

first class.

2021 2 3 4 5 6

260(a) Intentional omission to

apprehend on the part of a

public servant bound by

law to apprehend person

Imprisonment for life,

or imprisonment for

14 years, with or

without fine.

under sentence of a Court

if under sentence of death.

260(b) If under sentence of

imprisonment for life or

imprisonment for 10

Imprisonment for

7 years, with or

without fine.

years, or upwards.

260(c) If under sentence of

imprisonment for less

than 10 years or lawfully

Imprisonment for

3 years, or fine, or

both.

committed to custody.

261 Escape from confinement

negligently suffered by a

public servant.

262 Resistance or obstruction

by a person to his lawful

apprehension.

263(a) Resistance or obstruction

to the lawful

apprehension of any

Simple imprisonment

for 2 years, or fine, or

both.

Imprisonment for

2 years, or fine, or

both.

Imprisonment for

2 years, or fine, or

both.

person, or rescuing him

from lawful custody.

263(b) If charged with an

offence punishable with

Imprisonment for

3 years and fine.

imprisonment for life or

imprisonment for 10

years.

263(c) If charged with offence

punishable with death.

263(d) If the person is sentenced

to imprisonment for life,

Imprisonment for

7 years and fine.

Imprisonment for

7 years and fine.

or imprisonment for 10

years, or upwards.

263(e) If under sentence of death. Imprisonment for life,

or imprisonment for

10 years and fine.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court of Session.

2031 2 3 4 5 6

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;

Imprisonment for

3 years, or fine, or

both.

(b) in case of negligent

omission or sufferance.

Simple imprisonment

for 2 years, or fine, or

both.

265 Resistance or obstruction

Imprisonment

to lawful apprehension, or

for 6 months, or fine,

escape or rescue in cases

or both.

not otherwise provided

for.

266 Violation of condition of

remission of punishment.

Non-

cognizable.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

267 Intentional insult or

interruption to a public

servant sitting in any

stage of a judicial

proceeding.

Punishment of

original sentence,

or if part of the

punishment has

been undergone, the

residue.

Simple imprisonment

for 6 months, or fine

of 5,000 rupees, or

both.

Cognizable. Non-bailable. The Court by

which the original

offence was

triable.

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.

Non-

Bailable. Magistrate of the

cognizable.

first class.

Cognizable. Non-bailable. Any Magistrate.

268 Personation of an assessor. Imprisonment for

2 years, or fine, or both.

269 Failure by person released

Imprisonment for

on bond or bail bond to

1 year, or fine, or both.

appear in Court.

271 Negligently doing any act

Imprisonment for

known to be likely to spread

6 months, or fine, or

infection of any disease

both.

dangerous to life.

272 Malignantly doing any act

known to be likely to spread

Imprisonment for

2 years, or fine, or both.

infection of any disease

dangerous to life.

273 Knowingly disobeying any

quarantine rule.

274 Adulterating food or drink

intended for sale, so as to

make the same noxious.

Imprisonment for

6 months, or fine, or

both.

Imprisonment for

6 months, or fine of

5,000 rupees, or both.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Non-

cognizable.

Bailable. Any Magistrate.

2041 2 3 4 5 6

275 Selling any food or drink as

Imprisonment for

food and drink, knowing the

6 months, or fine of

same to be noxious.

5,000 rupees, or both.

276 Adulterating any drug or

Imprisonment for

medical preparation intended

1 year, or fine of 5,000

for sale so as to lessen its

rupees, or both.

efficacy, or to change its

operation, or to make it

noxious.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Non-bailable. Any Magistrate.

277 Sale of adulterated drugs. Imprisonment for

6 months, or fine of

Non-

cognizable.

Bailable. Any Magistrate.

5,000 rupees, or both.

278 Knowingly selling of drug

Imprisonment for

as a different drug or

6 months, or fine of

Non-

cognizable.

Bailable. Any Magistrate.

preparation.

5,000 rupees, or both.

279 Fouling water of public

Imprisonment for

Cognizable. Bailable. Any Magistrate.

spring or reservoir.

6 months, or fine of

5,000 rupees, or both.

280 Making atmosphere

noxious to health.

Rash driving or riding on

a public way.

Fine of 1,000 rupees. Non-

Bailable. Any Magistrate.

cognizable.

281 Cognizable. Bailable. Any Magistrate.

282 283 Imprisonment for

6 months, or fine of

1,000 rupees, or both.

Cognizable. Bailable. Any Magistrate.

6 months, or fine of

10,000 rupees, or

both.

Exhibition of a false light,

mark or buoy.

Imprisonment for

7 years, and fine

Cognizable. Bailable. Magistrate of the

first class.

which shall not be

less than 10,000

rupees.

Imprisonment for

Cognizable. Bailable. Any Magistrate.

6 months, or fine of

5,000 rupees, or both.

Fine of 5,000 rupees. Cognizable. Bailable. Any Magistrate.

284 Conveying person by

water for hire in unsafe or

overloaded vessel.

285 Causing danger or

obstruction in public way

or line of navigation.

286 Negligent conduct with

respect to poisonous

substance.

287 Negligent conduct with

respect to fire or

combustible matter.

288 Negligent conduct with

respect to explosive

substance.

289 Negligent conduct with

respect to machinery.

Imprisonment for

6 months, or fine of

5,000 rupees, or both.

Imprisonment for

6 months, or fine of

2,000 rupees, or both.

Imprisonment for

6 months, or fine of

5,000 rupees, or both.

Imprisonment for

6 months, or fine of

5,000 rupees, or both.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

2051 2 3 4 5 6

290 Negligent conduct with

respect to pulling down,

repairing or constructing

buildings, etc.

291 Negligent conduct with

respect to animal.

292 Committing public

nuisance in cases not

otherwise provided for.

293 Continuance of nuisance

after injunction to

discontinue.

294(2) Sale, etc., of obscene

books, etc.

Imprisonment for

6 months, or fine of

5,000 rupees, or both.

Non-

cognizable.

Bailable. Any Magistrate.

Imprisonment for

6 months, or fine of

5,000 rupees, or both.

Fine of 1,000 rupees. Non-

cognizable.

Cognizable. Bailable. Any Magistrate.

Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.

Simple imprisonment

for 6 months, or fine

of 5,000 rupees, or

both.

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.

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.

296 Obscene acts and songs. Imprisonment for

3 months, or fine of

1,000 rupees, or both.

297(1) Keeping a lottery office. Imprisonment for

6 months, or fine, or

both.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

297(2) Publishing proposals

relating to lotteries.

298 Defiling, etc., place of

worship, with intent to

insult the religion of any

class.

Fine of 5,000 rupees. Non-

Bailable. Any Magistrate.

cognizable.

Imprisonment for

Cognizable. Non-bailable. Any Magistrate.

2 years, or fine, or

both.

2061 2 3 4 5 6

299 Deliberate and malicious

acts, intended to outrage

religious feelings of any

class by insulting its

religion or religious

beliefs.

300 Disturbing religious

assembly.

Imprisonment for

3 years, or fine, or

both.

Imprisonment for

1 year, or fine, or

both.

301 Trespassing on burial

places, etc.

Imprisonment for

1 year, or fine, or

both.

302 Uttering words, etc., with

Imprisonment for

deliberate intent to wound

1 year, or fine, or

religious feelings.

both.

303(2) Theft. Rigorous

imprisonment for not

be less than 1 year but

which may extend to

5 years, and fine.

Where value of property

is less than 5,000 rupees.

Upon return of the

value of property or

restoration of the

stolen property, shall

be punished with

community service.

304(2) Snatching. Imprisonment for

3 years and fine.

305 Theft in a dwelling house,

Imprisonment for

or means of transportation

7 years and fine.

or place of worship, etc.

306 Theft by clerk or servant

of property in possession

Imprisonment for

7 years and fine.

of master or employer.

308(2) Extortion. Imprisonment for

7 years, or fine, or

both.

Imprisonment for

2 years, or fine, or

both.

Imprisonment for

7 years and fine.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Bailable. Any Magistrate.

308(3) Putting or attempting to

put in fear of injury, in

order to commit extortion.

308(4) Putting or attempting to

put a person in fear of

death or grievous hurt in

order to commit extortion.

308(5) Extortion by putting a

person in fear of death or

grievous hurt.

Cognizable. Non-bailable. Magistrate of the

first class.

Imprisonment for

10 years and fine.

Cognizable. Non-bailable. Magistrate of the

first class.

2071 2 3 4 5 6

308(6) Putting a person in fear of

Imprisonment for

accusation of an offence

10 years and fine.

punishable with death,

imprisonment for life, or

imprisonment for 10 years

in order to commit

extortion.

308(7) Extortion by threat of

accusation of an offence

Imprisonment for

10 years and fine.

punishable with death,

imprisonment for life, or

imprisonment for 10

years.

309(4) Robbery. Rigorous

imprisonment for

10 years and fine.

If robbery committed on

highway between sunset

and sunrise.

309(5) Attempt to commit

robbery.

Rigorous

imprisonment for

14 years.

Rigorous

imprisonment for

7 years and fine.

309(6) Causing hurt. Imprisonment for life,

or rigorous

imprisonment for

10 years and fine.

310(2) Dacoity. Imprisonment for life,

or rigorous

imprisonment for

10 years and fine.

310(3) Murder in dacoity. Death, imprisonment

for life, or rigorous

imprisonment for not

less than 10 years and

fine.

310(4) Making preparation to

commit dacoity.

Rigorous

imprisonment for

10 years and fine.

310(5) Being one of five or

more persons assembled

for the purpose of

committing dacoity.

Rigorous

imprisonment for

7 years and fine.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court of Session.

2081 2 3 4 5 6

310(6) Belonging to a gang of

persons associated for the

purpose of habitually

committing dacoity.

311 Robbery or dacoity, with

attempt to cause death or

grievous hurt.

312 Attempt to commit

robbery or dacoity when

armed with deadly

weapon.

313 Belonging to a wandering

Rigorous

gang of persons

imprisonment for

associated for the purpose

7 years and fine.

of habitually committing

thefts.

314 Dishonest

Imprisonment of not

Non-

misappropriation of

less than 6 months but

cognizable.

movable property, or

which may extend

converting it to one's own

to 2 years and fine.

use.

315 Dishonest

Imprisonment for

Non-

misappropriation of

3 years and fine.

cognizable.

property possessed by

deceased person at the

time of his death.

If by clerk or person

Imprisonment for

employed by deceased.

7 years.

316(2) Criminal breach of trust. Imprisonment for

5 years, or fine, or

both.

316(3) Criminal breach of trust

Imprisonment for

by a carrier, wharfinger,

7 years and fine.

etc.

316(4) Criminal breach of trust

by a clerk or servant.

316(5) Criminal breach of trust

by public servant or by

banker, merchant or

Imprisonment for

7 years and fine.

Imprisonment for life,

or imprisonment for

10 years and fine.

agent, etc.

317(2) Dishonestly receiving

stolen property

knowing it to be stolen.

Imprisonment for

3 years, or fine, or

both.

Imprisonment for life,

or rigorous

imprisonment for

10 years and fine.

Imprisonment for not

less than 7 years.

Cognizable. Non-bailable. Court of Session.

Imprisonment for not

less than 7 years.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Magistrate of the

first class.

Bailable. Any Magistrate.

Bailable. Magistrate of the

first class.

Non-

Bailable. Magistrate of the

cognizable.

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Any Magistrate.

2091 2 3 4 5 6

317(3) Dishonestly receiving

stolen property, knowing

that it was obtained by

dacoity.

317(4) Habitually dealing in

stolen property.

Imprisonment for life,

or rigorous

imprisonment for

10 years and fine.

Imprisonment for life,

or imprisonment for

10 years and fine.

317(5) Assisting in concealment

Imprisonment for

or disposal of stolen

3 years, or fine, or

property, knowing it to be

both.

stolen.

318(2) Cheating. Imprisonment for

3 years, or fine, or

both.

318(3) Cheating a person whose

Imprisonment for

interest the offender was

5 years, or fine, or

bound, either by law or by

both.

legal contract, to protect.

318(4) Cheating and dishonestly

Imprisonment for

inducing delivery of

7 years and fine.

property.

319(2) Cheating by personation. Imprisonment for

5 years, or with fine,

or with both.

320 Fraudulent removal or

Imprisonment of not

concealment of property,

be less than 6 months

etc., to prevent

but which may extend

distribution among

to 2 years, or fine, or

creditors.

both.

321 Dishonest or fraudulently

Imprisonment for

preventing from being

2 years, or fine, or

made available for his

both.

creditors a debt or demand

due to the offender.

322 Dishonest or fraudulent

Imprisonment for

execution of deed of

3 years, or fine, or

transfer containing a

both.

false statement of

consideration.

Non-

cognizable.

Non-

cognizable.

Non-

cognizable.

Non-

cognizable.

Non-

cognizable.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Any Magistrate.

Bailable. Any Magistrate.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable Bailable. Any Magistrate.

Bailable. Any Magistrate.

2101 2 3 4 5 6

323 Fraudulent removal or

concealment of property,

of himself or any other

Imprisonment for

3 years, or fine, or

both.

person or assisting in the

doing thereof, or

dishonestly releasing any

demand or claim to which

he is entitled.

324(2) Mischief. Imprisonment for

6 months, or fine, or

both.

Imprisonment for

1 year, or fine, or

both.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Non-

cognizable.

Bailable. Any Magistrate.

324(3) Mischief causing loss or

damage to any property

including property of

Government or Local

Authority.

324(4) Mischief causing loss or

damage to the amount of

twenty thousand rupees

but less than 2 lakh

rupees.

324(5) Mischief causing loss or

damage to the amount of

one lakh rupees or

upwards.

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.

325 Mischief by killing or

maiming animal.

326(a) Mischief by causing

diminution of supply of

water for agricultural

purposes, etc.

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.

326(c) Mischief by causing

inundation or obstruction

to public drainage

attended with damage.

Bailable. Any Magistrate.

Imprisonment for

2 years, or fine, or

both.

Non-

cognizable.

Bailable. Any Magistrate.

Imprisonment for

5 years, or fine, or

both.

Imprisonment for

5 years, and fine.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Imprisonment for

5 years, or fine, or

both.

Imprisonment for

5 years, or fine, or

both.

Imprisonment for

5 years, or fine, or

both.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Imprisonment for

5 years, or with fine,

or with both.

Cognizable. Bailable. Magistrate of the

first class.

2111 2 3 4 5 6

326(d) Mischief by destroying or

Imprisonment for 7

moving or rendering less

years, or fine, or both.

useful a lighthouse or

seamark, or by exhibiting

false lights.

326(e) Mischief by destroying or

Imprisonment for

moving, etc., a landmark

1 year, or fine, or

fixed by public authority.

both.

326(f) Mischief by fire or

Imprisonment for

explosive substance with

7 years and fine.

intent to cause damage.

326(g) Mischief by fire or

Imprisonment for life,

explosive substance with

or imprisonment for

intent to destroy a house,

10 years and fine.

etc.

327(1) Mischief with intent to

Imprisonment for 10

destroy or make unsafe a

years and fine.

decked vessel or a vessel

of 20 tonnes burden.

327(2) The mischief described in

Imprisonment for life,

the last section when

or imprisonment for

committed by fire or any

10 years and fine.

explosive substance.

328 Running vessel with

Imprisonment for

intent to commit theft, etc.

10 years and fine.

329(3) Criminal trespass. Imprisonment for

3 months, or fine of

5,000 rupees, or both.

329(4) House-trespass. Imprisonment for

1 year, or fine of

5,000 rupees, or both.

331(1) Lurking house-trespass or

Imprisonment for

house-breaking.

2 years and fine.

331(2) Lurking house-trespass

Imprisonment for

or house-breaking by

3 years and fine.

night.

331(3) Lurking house-trespass or

house-breaking in order

Imprisonment for

3 years and fine.

to the commission of an

offence punishable with

imprisonment.

If the offence be theft. Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Any Magistrate.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

Imprisonment for 10

years.

Cognizable. Non-bailable. Magistrate of the

first class.

2121 2 3 4 5 6

331(4) Lurking house-trespass or

house-breaking by night

in order to the

commission of an

offence punishable with

imprisonment.

If the offence be theft. 331(5) Lurking house-trespass

or house-breaking after

preparation made for

causing hurt, assault, etc.

331(6) Lurking house-trespass

or house-breaking by

night, after preparation

made for causing hurt,

etc.

331(7) Grievous hurt caused

whilst committing

lurking house-trespass

or house-breaking.

331(8) Death or grievous hurt

caused by one of several

persons jointly concerned

in house-breaking by

night, etc.

332(a) House-trespass in order

to the commission of an

offence punishable with

death.

332(b) House-trespass in order

to the commission of an

offence punishable with

imprisonment for life.

332(c) House-trespass in order

to the commission of an

offence punishable

with imprisonment.

If the offence is theft. 333 House-trespass, having

made preparation for

causing hurt, assault, etc.

334(1) Dishonestly breaking

open or unfastening any

closed receptacle

containing or supposed to

contain property.

Imprisonment for

5 years and fine.

Imprisonment for

14 years.

Imprisonment for

10 years and fine.

Imprisonment for

14 years and fine.

Imprisonment for life,

or imprisonment for

10 years and fine.

Imprisonment for life,

or imprisonment for

10 years and fine.

Imprisonment for life,

or rigorous

imprisonment for

10 years and fine.

Imprisonment for

10 years and fine.

Imprisonment for

2 years and fine.

Imprisonment for

7 years.

Imprisonment for

7 years and fine.

Imprisonment for

2 years, or fine, or

both.

Cognizable. Non-bailable. Any Magistrate.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

2131 2 3 4 5 6

334(2) Being entrusted with any

Imprisonment for

closed receptacle

3 years, or fine, or

containing or supposed to

both.

contain any property, and

fraudulently opening the

same.

336(2) Forgery. Imprisonment for

2 years, or fine, or

both.

336(3) Forgery for the purpose of

Imprisonment for

cheating.

7 years and fine.

336(4) Forgery for the purpose of

Imprisonment for

harming the reputation of

3 years and fine.

any person or knowing

that it is likely to be used

for that purpose.

337 Forgery of a record of a

Imprisonment for

Court or of a Registrar of

7 years and fine

Births, etc., kept by a

public servant.

338 Forgery of a valuable

Imprisonment for life,

security, will, or authority

or imprisonment for

to make or transfer any

10 years and fine.

valuable security, or to

receive any money, etc.

When the valuable

Imprisonment for life,

security is a promissory

or imprisonment for

note of the Central

10 years and fine.

Government.

339 Having possession of a

Imprisonment for

document, knowing it to

7 years and fine.

be forged, with intent to

use it as genuine; if the

document is one of the

description mentioned

in section 337.

If the document is one

Imprisonment for

of the description

life, or imprisonment

mentioned in section 338.

for 7 years and fine.

340(2) Using as genuine a forged

Punishment for

document which is known

forgery of such

to be forged.

document.

Cognizable. Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Non-bailable. Magistrate of the

first class.

Non-

cognizable.

Non-bailable. Magistrate of the

first class.

Cognizable. Non-bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

2141 2 3 4 5 6

341(1) Making or counterfeiting

a seal, plate, etc., with

intent to commit a forgery

Imprisonment for life,

or imprisonment for

7 years and fine.

punishable under section

338 or possessing with

like intent any such seal,

plate, etc., knowing the

same to be counterfeit.

341(2) Making or counterfeiting

a seal, plate, etc., with

Imprisonment for

7 years and fine.

intent to commit a forgery

punishable otherwise than

under section 338 or

possessing with like intent

any such seal, plate, etc.,

knowing the same to be

counterfeit.

341(3) Possesses any seal, plate

or other instrument

Imprisonment for

3 years and fine.

knowing the same to be

counterfeit.

341(4) Fraudulently or

dishonestly uses as

genuine any seal, plate or

other instrument knowing

Same as if he had

made or counterfeited

such seal, plate or

other instrument.

or having reason to

believe the same to be

counterfeit.

342(1) Counterfeiting a device or

mark used for

authenticating documents

Imprisonment for life,

Non-

or imprisonment for

cognizable.

7 years and fine.

described in section 338

or possessing counterfeit

marked material.

342(2) Counterfeiting a device or

mark used for

Imprisonment for

7 years and fine.

Non-

cognizable.

authenticating documents

other than those described

in section 338 or

possessing counterfeit

marked material.

343 Fraudulently destroying or

Imprisonment for life,

Non-

defacing, or attempting to

or imprisonment for

cognizable.

destroy or deface, or

7 years and fine.

secreting, a will, etc.

344 Falsification of accounts. Imprisonment for

7 years, or fine, or

Non-

cognizable.

both.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Cognizable. Bailable. Magistrate of the

first class.

Bailable. Magistrate of the

first class.

Non-bailable. Magistrate of the

first class.

Non-bailable. Magistrate of the

first class.

Bailable. Magistrate of the

first class.

2151 2 3 4 5 6

345(3) Using a false property

Imprisonment for

mark with intent to

1 year, or fine, or

deceive or injure any

both.

person.

346 Removing, destroying or

Imprisonment for

defacing property mark

1 year, or fine, or

with intent to cause

both.

injury.

347(1) Counterfeiting a property

Imprisonment for

mark used by another,

2 years, or fine, or

with intent to cause

both.

damage or injury.

347(2) Counterfeiting a property

Imprisonment for

mark used by a public

3 years and fine.

servant, or any mark used

by him to denote the

manufacture, quality, etc.,

of any property.

348 Fraudulently making or

Imprisonment for

having possession of any

3 years, or fine, or

die, plate or other

both.

instrument for

counterfeiting any public

or private property mark.

349 Knowingly selling goods

Imprisonment for

marked with a counterfeit

1 year, or fine, or

property mark.

both.

350(1) Fraudulently making a

Imprisonment for

false mark upon any

3 years, or fine, or

package or receptacle

both.

containing goods, with

intent to cause it to be

believed that it contains

goods, which it does not

contain, etc.

350(2) Making use of any such

Imprisonment for

false mark.

3 years, or fine, or

both.

351(2) Criminal intimidation. Imprisonment for

2 years, or fine, or

both.

351(3) If threat be to cause death

Imprisonment for

or grievous hurt, etc.

7 years, or fine, or

both.

351(4) Criminal intimidation by

Imprisonment for

anonymous

2 years, in addition to

communication or having

the punishment under

taken precaution to

section 351(1).

conceal whence the threat

comes.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Non-

cognizable

Non-

cognizable

Non-

cognizable.

Bailable. Any Magistrate.

Bailable Any Magistrate.

Bailable Magistrate of the

first class.

Bailable. Magistrate of the

first class.

2161 2 3 4 5 6

352 Insult intended to provoke

Imprisonment for

breach of the peace.

2 years, or fine, or

both.

353(1) False statement, rumour,

Imprisonment for

etc., circulated with intent

3 years, or fine, or

to cause mutiny or offence

both.

against the public peace.

353(2) False statement, rumour,

etc., with intent to create

enmity, hatred or ill-will

Imprisonment for

3 years, or fine, or

both.

between different classes.

353(3) False statement, rumour,

etc., made in place of

Imprisonment for

5 years and fine.

worship, etc., with intent

to create enmity, hatred or

ill-will.

354 Act caused by inducing a

person to believe that he

will be rendered an object

Imprisonment for

1 year, or fine, or

both.

of Divine displeasure.

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

of 1,000 rupees, or

both or with

community service.

356(2) Defamation against the

Simple imprisonment

President or the Vice-

for 2 years, or fine or

President or the Governor

both, or community

of a State or

service.

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.

Defamation in any other

case.

Non-

cognizable.

Non-

cognizable.

Bailable. Any Magistrate.

Non-bailable. Any Magistrate.

Cognizable. Non-bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Any Magistrate.

Non-

cognizable.

Bailable. Court of Session.

Simple imprisonment

for 2 years, or fine or

both or community

service.

Non-

cognizable.

Bailable. Magistrate of the

first class.

2171 2 3 4 5 6

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.

Printing or engraving

matter knowing it to be

defamatory, in any other

case.

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.

Sale of printed or

engraved substance

containing defamatory

matter, knowing it to

contain such matter in any

other case.

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.

Simple imprisonment

for 2 years, or fine, or

both.

Non-

cognizable.

Bailable. Court of Session.

Simple imprisonment

for 2 years, or fine, or

both.

Simple imprisonment

for 2 years, or fine, or

both.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Non-

cognizable.

Bailable. Court of Session.

Simple imprisonment

for 2 years, or fine, or

both.

Non-

cognizable.

Bailable. Magistrate of the

first class.

Imprisonment for

3 months, or fine of

5,000 rupees, or both.

Non-

cognizable.

Bailable. Any Magistrate.

218II.--CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

Offence Cognizable or

non-cognizable.

Bailable or non-

By what court triable.

bailable.

1 2 3 4

If punishable with death,

imprisonment for life, or

imprisonment for more than 7 years.

If punishable with imprisonment for

3 years and upwards but not more than

7 years.

If punishable with imprisonment for

less than 3 years or with fine only.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Magistrate of the first class.

Non-cognizable. Bailable. Any Magistrate.]

219THE 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)

______

220FORM 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)

————

221FORM 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)

————

222FORM 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)

————

223FORM 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)

————

224FORM 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)

————

225FORM 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)

————

226FORM 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.

227FORM 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.

228FORM 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)

______

229FORM 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)

______

230FORM 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)

______

231FORM 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)

______

232FORM 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)

______

233FORM 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)

______

234FORM 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)

______

235FORM 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;

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)

————

236FORM 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.

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)

————

237FORM 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)

————

238FORM 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)

————

239FORM 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;

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;

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);

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;

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.;

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.;

I do hereby direct and require you, etc., etc. (as the case may be).

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

————

240FORM 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)

————

241FORM 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)

————

242FORM 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)

————

243FORM 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;

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;

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;

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)

————

244FORM 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)

————

245FORM 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)

————

246FORM 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)

————

247FORM 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..............................................

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)

————

248FORM 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)

————

249FORM 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.)

————

250FORM 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)

————

251FORM 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.

(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

252to..................................., 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.

(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 theft,

253and 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.

————

254FORM 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)

————

255FORM 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)

————

256FORM 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)

————

257FORM 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)

————

258FORM 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)

————

259FORM 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)

————

260FORM 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)

————

261FORM 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)

————

262FORM 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’

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,

if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”

there to carry into execution the punishment of imprisonment under the said order according to law”

“and

Dated, this.............................................. day of.............................................. , 20 ............ .

(Seal of the Court) (Signature)

————

263FORM 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)

————

264FORM 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)

————

265FORM 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)

————

266FORM 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)

————

267FORM 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)

————

268FORM 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)

————

269FORM 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)

————

270FORM 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)

————

271FORM 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)

————

272FORM 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)

————

273FORM 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)

————

274FORM 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)

————

275FORM 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)

————

276FORM 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)

————

277FORM 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)

————

278FORM 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)

—————

279

*BNSS: https://www.indiacode.nic.in/bitstream/123456789/20099/3/A2023-46.pdf

*(Note: Invalid link)

The Bharatiya Nagarik Suraksha Sanhita, 2023

Table of contents

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

CHAPTER I

CHAPTER II

CHAPTER III

CHAPTER IV

CHAPTER VI

CHAPTER VII

CHAPTER VIII

CHAPTER IX

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