Comparative Table of Sections & Clauses Criminal Procedure Code & BNSS 2023 PDF

CRIMINAL PROCEDURE CODE & THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 - NyayaSarthak  Bharatiya Nagarik Suraksha Sanhita, Code of Criminal Procedure, 1973 2023...

CRIMINAL PROCEDURE CODE & THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 - NyayaSarthak  Bharatiya Nagarik Suraksha Sanhita, Code of Criminal Procedure, 1973 2023 Sec. Heading Clause Heading Short title, extent and Short title, extent and 1 1 commencement commencement 2 Definitions 2 Definitions 3 Construction of references 3 Construction of references Trial of offences under the Trial of offences under Bhartiya 4 Indian Penal Code and other 4 Nyaya Sanhita and other laws laws 5 Saving 5 Saving 6 Classes of Criminal Courts 6 Classes of Criminal Courts. 7 Territorial divisions 7 Territorial divisions 8 Metropolitan areas — Deleted 9 Court of Session 8 Court of Session Subordination of Assistant 10 — Deleted Sessions Judges 11 Courts of Judicial Magistrates 9 Courts of Judicial Magistrates Chief Judicial Magistrate and Chief Judicial Magistrate and 12 Additional Chief Judicial 10 Additional Chief Judicial Magistrate, etc. Magistrate, etc. 13 Special Judicial Magistrates 11 Special Judicial Magistrates  Local jurisdiction of Judicial Local jurisdiction of Judicial 14 12 Magistrates Magistrates Subordination of Judicial Subordination of Judicial 15 13 Magistrates Magistrates Courts of Metropolitan 16 — Deleted Magistrates Chief Metropolitan Magistrate 17 and Additional Chief — Deleted Metropolitan Magistrate Special Metropolitan 18 — Deleted Magistrates Subordination of Metropolitan 19 — Deleted Magistrates 20 Executive Magistrates 14 Executive Magistrates 21 Special Executive Magistrates 15 Special Executive Magistrates Local jurisdiction of Executive Local Jurisdiction of Executive 22 16 Magistrates Magistrates Subordination of Executive Subordination of Executive 23 17 Magistrates Magistrates 24 Public Prosecutors 18 Public Prosecutors 25 Assistant Public Prosecutors 19 Assistant Public Prosecutors 25A Directorate of Prosecution 20 Directorate of Prosecution Courts by which offences are Courts by which offences are 26 21 triable triable Jurisdiction in the case of 27 — Deleted juveniles  Sentences which High Courts Sentences which High Courts 28 22 and Sessions Judges may pass and Sessions Judges may pass Sentences which Magistrates Sentences which Magistrates 29 23 may pass may pass Sentence of imprisonment in Sentence of imprisonment in 30 24 default of fine default of fine Sentence in cases of conviction Sentence in cases of conviction 31 25 of several offences at one trial of several offences at one trial 32 Mode of conferring powers 26 Mode of conferring powers 33 Powers of officers appointed 27 Powers of officers appointed 34 Withdrawal of powers 28 Withdrawal of powers Powers of Judges and Powers of Judges and 35 Magistrates exercisable by their 29 Magistrates exercisable by their successors-in-office successors-in-office Powers of superior officers of Powers of superior officers of 36 30 police police Public when to assist Public when to assist 37 31 Magistrates and police Magistrates and police Aid to person, other than police Aid to person, other than police 38 32 officer, executing warrant officer, executing warrant Public to give information of Public to give information of 39 33 certain offences certain offences Duty of officers employed in Duty of officers employed in 40 connection with the affairs of a 34 connection with the affairs of a village to make certain report village to make certain report When police may arrest without When police may arrest without 41 35 warrant warrant Notice of appearance before 41A — Included in Section 35 police officer Procedure of arrest and duties Procedure of arrest and duties of 41B 36 of officer making arrest officer making arrest 41C Control room at districts 37 Designated Police Officer Right of arrested person to meet Right of arrested person to meet 41D an advocate of his choice during 38 an advocate of his choice during interrogation interrogation Arrest on refusal to give name Arrest on refusal to give name 42 39 and residence and residence Arrest by private person and Arrest by private person and 43 40 procedure on such arrest procedure on such arrest 44 Arrest by Magistrate 41 Arrest by Magistrate Protection of members of the Protection of members of the 45 42 Armed Forces from arrest Armed Forces from arrest 46 Arrest how made 43 Arrest how made Search of place entered by Search of place entered by 47 44 person sought to be arrested person sought to be arrested Pursuit of offenders into other Pursuit of offenders into other 48 45 jurisdictions jurisdictions 49 No unnecessary restraint 46 No unnecessary restraint Person arrested to be informed Person arrested to be informed 50 of grounds of arrest and of right 47 of grounds of arrest and of right to bail to bail Obligation of person making Obligation of person making 50A arrest to inform about the arrest, 48 arrest to inform about the arrest, etc., to a nominated person etc., to relative or friend 51 Search of arrested person 49 Search of arrested person Power to seize offensive Power to seize offensive 52 50 weapons weapons  Examination of accused by Examination of accused by 53 medical practitioner at the 51 medical practitioner at the request of police officer request of police officer Examination of person accused Examination of person accused 53A 52 of rape by medical practitioner of rape by medical practitioner Examination of arrested person Examination of arrested person 54 53 by medical officer by medical officer 54A Identification of person arrested 54 Identification of person arrested Procedure when police officer Procedure when police officer 55 deputes subordinate to arrest 55 deputes subordinate to arrest without warrant without warrant Health and safety of arrested Health and safety of arrested 55A 56 person person Person arrested to be taken Person arrested to be taken 56 before Magistrate or officer in 57 before Magistrate or officer in charge of police station charge of police station Person arrested not to be Person arrested not to be 57 detained more than twenty-four 58 detained more than twenty-four hours hours 58 Police to report apprehensions 59 Police to report apprehensions Discharge of person Discharge of person 59 60 apprehended apprehended Power, on escape, to pursue Power, on escape, to pursue and 60 61 and retake retake Arrest to be made strictly Arrest to be made strictly 60A 62 according to the Code according to the Sanhita 61 Form of summons 63 Form of summons 62 Summons how served 64 Summons how served Service of summons on Service of summons on 63 65 corporate bodies, firms, and corporate bodies and societies societies Service when persons Service when persons 64 66 summoned cannot be found summoned cannot be found Procedure when service cannot Procedure when service cannot 65 67 be effected as before provided be effected as before provided 66 Service on Government servant 68 Service on Government servant Service of summons outside Service of summons outside 67 69 local limits local limits Proof of service in such cases Proof of service in such cases 68 and when serving officer not 70 and when serving officer not present present Service of summons on witness Service of summons on witness 69 71 by post by post Form of warrant of arrest and Form of warrant of arrest and 70 72 duration duration Power to direct security to be Power to direct security to be 71 73 taken taken 72 Warrants to whom directed 74 Warrants to whom directed Warrant may be directed to any Warrant may be directed to any 73 75 person person Warrant directed to police 74 76 Warrant directed to police officer officer Notification of substance of Notification of substance of 75 77 warrant warrant  Person arrested to be brought Person arrested to be brought 76 78 before Court without delay before Court without delay Where warrant may be 77 79 Where warrant may be executed executed Warrant forwarded for execution Warrant forwarded for execution 78 80 outside jurisdiction outside jurisdiction Warrant directed to police Warrant directed to police officer 79 officer for execution outside 81 for execution outside jurisdiction jurisdiction Procedure on arrest of person Procedure on arrest of person 80 82 against whom warrant issued against whom warrant issued Procedure by Magistrate before Procedure by Magistrate before 81 whom such person arrested is 83 whom such person arrested is brought brought Proclamation for person Proclamation for person 82 84 absconding absconding Attachment of property of Attachment of property of person 83 85 person absconding absconding Claims and objections to Claims and objections to 84 87 attachment attachment Release, sale and restoration of Release, sale and restoration of 85 88 attached property attached property Appeal from order rejecting Appeal from order rejecting 86 application for restoration of 89 application for restoration of attached property attached property Issue of warrant in lieu of, or in Issue of warrant in lieu of, or in 87 90 addition to, summons addition to, summons Power to take bond for Power to take bond for 88 91 appearance appearance  Arrest on breach of bond for Arrest on breach of bond for 89 92 appearance appearance Provisions of this Chapter Provisions of this Chapter generally applicable to generally applicable to 90 93 summonses and warrants of summonses and warrants of arrest arrest Summons to produce document Summons to produce document 91 94 or other thing or other thing Procedure as to letters and Procedure as to letters and 92 95 telegrams telegrams When search warrant may be When search-warrant may be 93 96 issued issued Search of place suspected to Search of place suspected to 94 contain stolen property, forged 97 contain stolen property, forged documents, etc. documents, etc. Power to declare certain Power to declare certain publications forfeited and to publications forfeited and to 95 98 issue search warrants for the issue search-warrants for the same same Application to High Court to set Application to High Court to set 96 99 aside declaration of forfeiture aside declaration of forfeiture Search for persons wrongfully Search for persons wrongfully 97 100 confined confined Power to compel restoration of Power to compel restoration of 98 101 abducted females abducted females Direction, etc., of search Direction, etc., of search- 99 102 warrants warrants Persons in charge of closed Persons in charge of closed 100 103 place to allow search place to allow search Disposal of things found in Disposal of things found in 101 104 search beyond jurisdiction search beyond jurisdiction Recording of search and seizure ---- ---- 105 through audio-video electronic means  Power of Police Officer to seize Power of Police Officer to seize 102 106 certain property certain property Attachment, forfeiture and ---- ---- 107 restoration of property Magistrate may direct search in Magistrate may direct search in 103 108 his presence his presence Power to impound document, Power to impound document, 104 109 etc., produced etc., produced Reciprocal arrangements Reciprocal arrangements 105 110 regarding processes regarding processes 105A Definitions 111 Definitions Letter of request to competent ----- ----- 112 authority for investigation in a country or place outside India Letter of request from a country or place outside India to a Court ----- ----- 113 or an authority for investigation in India. Assistance in securing transfer Assistance in securing transfer 105B 114 of persons of persons Assistance in relation to orders Assistance in relation to orders 105C of attachment or forfeiture of 115 of attachment or forfeiture of property property Identifying unlawfully acquired Identifying unlawfully acquired 105D 116 property property. Seizure or attachment of Seizure or attachment of 105E 117 property property Management of properties Management of properties 105F seized or forfeited under this 118 seized or forfeited under this Chapter Chapter 105G Notice of forfeiture of property 119 Notice of forfeiture of property  Forfeiture of property in certain Forfeiture of property in certain 105H 120 cases cases 105-I Fine in lieu of forfeiture 121 Fine in lieu of forfeiture Certain transfers to be null and Certain transfers to be null and 105J 122 void void Procedure in respect of letter of Procedure in respect of letter of 105K 123 request request 105L Application of this Chapter 124 Application of this Chapter Security for keeping the peace Security for keeping the peace 106 125 on conviction on conviction Security for keeping the peace Security for keeping the peace 107 126 in other cases in other cases Security for good behaviour Security for good behaviour 108 from persons disseminating 127 from persons disseminating seditious matters seditious matters Security for good behaviour Security for good behaviour 109 128 from suspected persons from suspected persons Security for good behaviour Security for good behaviour 110 129 from habitual offenders from habitual offenders 111 Order to be made 130 Order to be made Procedure in respect of person Procedure in respect of person 112 131 present in Court present in Court Summons or warrant in case of Summons or warrant in case of 113 132 person not so present person not so present  Copy of order to accompany Copy of order to accompany 114 133 summons or warrant summons or warrant Power to dispense with Power to dispense with 115 134 personal attendance personal attendance 116 Inquiry as to truth of information 135 Inquiry as to truth of information 117 Order to give security 136 Order to give security Discharge of person informed Discharge of person informed 118 137 against against Commencement of period for Commencement of period for 119 138 which security is required which security is required 120 Contents of bond 139 Contents of bond 121 Power to reject sureties 140 Power to reject sureties Imprisonment in default of Imprisonment in default of 122 141 security security Power to release persons Power to release persons 123 imprisoned for failing to give 142 imprisoned for failing to give security security Security for unexpired period of Security for unexpired period of 124 143 bond bond Order for maintenance of wives, Order for maintenance of wives, 125 144 children and parents children and parents 126 Procedure 145 Procedure 127 Alteration in allowance 146 Alteration in allowance Enforcement of order of Enforcement of order of 128 147 maintenance maintenance Dispersal of assembly by use of Dispersal of assembly by use of 129 148 civil force civil force  Use of armed forces to disperse Use of armed forces to disperse 130 149 assembly assembly Power of certain armed force Power of certain armed force 131 150 officers to disperse assembly officers to disperse assembly Protection against prosecution Protection against prosecution 132 for acts done under preceding 151 for acts done under sections sections 148, 149 and 150 Conditional order for removal of Conditional order for removal of 133 152 nuisance nuisance 134 Service or notification of order 153 Service or notification of order Person to whom order is Person to whom order is 135 addressed to obey or show 154 addressed to obey or show cause cause Consequences of his failing to Consequences of his failing to 136 155 do so do so Procedure where existence of Procedure where existence of 137 156 public right is denied public right is denied Procedure where he appears to Procedure where he appears to 138 157 show cause show cause Power of Magistrate to direct Power of Magistrate to direct 139 local investigation and 158 local investigation and examination of an expert examination of an expert Power of Magistrate to furnish Power of Magistrate to furnish 140 159 written instructions, etc. written instructions, etc. Procedure on order being made Procedure on order being made 141 absolute and consequences of 160 absolute and consequences of disobedience disobedience 142 Injunction pending inquiry 161 Injunction pending inquiry Magistrate may prohibit Magistrate may prohibit 143 repetition or continuance of 162 repetition or continuance of public nuisance public nuisance  Power to issue order in urgent Power to issue order in urgent 144 cases of nuisance or 163 cases of nuisance or apprehended danger apprehended danger Power to prohibit carrying arms 144A in procession or mass drill or — Deleted mass training with arms Procedure where dispute Procedure where dispute 145 concerning land or water is 164 concerning land or water is likely to cause breach of peace likely to cause breach of peace Power to attach subject of Power to attach subject of 146 165 dispute and to appoint receiver dispute and to appoint receiver Dispute concerning right of use Dispute concerning right of use 147 166 of land or water of land or water 148 Local inquiry 167 Local inquiry Police to prevent cognizable Police to prevent cognizable 149 168 offences offences Information of design to commit Information of design to commit 150 169 cognizable offences cognizable offences Arrest to prevent the Arrest to prevent the 151 commission of cognizable 170 commission of cognizable offences offences Prevention of injury to public Prevention of injury to public 152 171 property property Persons bound to confirm to ---- ---- 172 lawful directions of Police Inspection of weights and 153 — Deleted measures 154 Information in cognizable cases 173 Information in cognizable cases  Information as to non- Information as to non- 155 cognizable cases and 174 cognizable cases and investigation of such cases investigation of such cases Police officer’s power to Police officer’s power to 156 175 investigate cognizable cases investigate cognizable case 157 Procedure for investigation 176 Procedure for investigation 158 Report how submitted 177 Report how submitted Power to hold investigation or Power to hold investigation or 159 178 preliminary inquiry preliminary inquiry Police officer’s power to require Police officer’s power to require 160 179 attendance of witnesses attendance of witnesses Examination of witnesses by Examination of witnesses by 161 180 police police Statements to police not to be Statements to police not to be 162 signed – Use of statements in 181 signed: Use of statements in evidence evidence 163 No inducement to be offered 182 No inducement to be offered Recording of confessions and Recording of confessions and 164 183 statements statements Medical examination of the Medical examination of the 164A 184 victim of rape victim of rape 165 Search by police officer 185 Search by police officer When officer in charge of police When officer in charge of police 166 station may require another to 186 station may require another to issue search warrant issue search-warrant Letter of request to competent 166A authority for investigation in a — Deleted country or place outside India Letter of request from a country or place outside India to a Court 166B — Deleted or an authority for investigation in India  Procedure when investigation Procedure when investigation 167 cannot be completed in twenty- 187 cannot be completed in twenty- four hours four hours Report of investigation by Report of investigation by 168 188 subordinate police officer subordinate police officer Release of accused when Release of accused when 169 189 evidence deficient evidence deficient Cases to be sent to Magistrate Cases to be sent to Magistrate, 170 190 when evidence is sufficient when evidence is sufficient Complainant and witnesses not Complainant and witnesses not to be required to accompany to be required to accompany 171 191 police officer and not to be police officer and not to be subjected to restraint subjected to restraint Diary of proceedings in Diary of proceedings in 172 192 investigation investigation Report of police officer on Report of police officer on 173 193 completion of investigation completion of investigation Police to enquire and report on Police to enquire and report on 174 194 suicide, etc. suicide, etc. 175 Power to summon persons 195 Power to summon persons Inquiry by Magistrate into cause Inquiry by Magistrate into cause 176 196 of death of death Ordinary place of inquiry and Ordinary place of inquiry and 177 197 trial trial 178 Place of inquiry or trial 198 Place of inquiry or trial Offence triable where act is Offence triable where act is 179 199 done or consequence ensues done or consequence ensues Place of trial where act is an Place of trial where act is an 180 offence by reason of relation to 200 offence by reason of relation to other offence other offence Place of trial in case of certain Place of trial in case of certain 181 201 offences offences  Offences committed by means Offences committed by letters, 182 202 of electronic communications, etc. letters, etc. Offence committed on journey Offence committed on journey 183 203 or voyage or voyage Place of trial for offences triable Place of trial for offences triable 184 204 together together Power to order cases to be tried Power to order cases to be tried 185 205 in different sessions divisions in different sessions divisions High Court to decide, in case of High Court to decide, in case of 186 doubt, district where inquiry or 206 doubt, district where inquiry or trial shall take place trial shall take place Power to issue summons or Power to issue summons or 187 warrant for offence committed 207 warrant for offence committed beyond local jurisdiction beyond local jurisdiction Offence committed outside Offence committed outside 188 208 India India Receipt of evidence relating to Receipt of evidence relating to 189 offences committed outside 209 offences committed outside India India Cognizance of offences by Cognizance of offences by 190 210 Magistrates Magistrates Transfer on application of the Transfer on application of the 191 211 accused accused Making over of cases to Making over of cases to 192 212 Magistrates Magistrates Cognizance of offences by Cognizance of offences by 193 213 Courts of Session Courts of Session Additional and Assistant Additional Sessions Judges to 194 Sessions Judges to try cases 214 try cases made over to them made over to them  Prosecution for contempt of Prosecution for contempt of lawful authority of public lawful authority of public servants, for offences against servants, for offences against 195 215 public justice and for offences public justice and for offences relating to documents given in relating to documents given in evidence evidence Procedure for witnesses in case Procedure for witnesses in case 195A 216 of threatening, etc. of threatening, etc. Prosecution for offences Prosecution for offences against the State and for against the State and for 196 217 criminal conspiracy to commit criminal conspiracy to commit such offence such offence Prosecution of Judges and Prosecution of Judges and 197 218 public servants public servants Prosecution for offences Prosecution for offences 198 219 against marriage against marriage Prosecution of offences under Prosecution of offences under 198A section 498A of the Indian 220 section 498A of the Bharatiya Penal Code Nyaya Sanhita, 2023 198B Cognizance of offence 221 Cognizance of offence 199 Prosecution for defamation 222 Prosecution for defamation 200 Examination of complainant 223 Examination of complainant Procedure by Magistrate not Procedure by Magistrate not 201 competent to take cognizance 224 competent to take cognizance of the case of the case Postponement of issue of Postponement of issue of 202 225 process process 203 Dismissal of complaint 226 Dismissal of complaint 204 Issue of process 227 Issue of process Magistrate may dispense with Magistrate may dispense with 205 228 personal attendance of accused personal attendance of accused Special summons in cases of Special summons in cases of 206 229 petty offence petty offence Supply to the accused of copy Supply to the accused of copy 207 of police report and other 230 of police report and other documents documents Supply of copies of statements Supply of copies of statements and documents to accused in and documents to accused in 208 231 other cases triable by court of other cases triable by Court of session Session Commitment of case to Court of Commitment of case to Court of 209 Session when offence is triable 232 Session when offence is triable exclusively by it exclusively by it Procedure to be followed when Procedure to be followed when there is a complaint case and there is a complaint case and 210 233 police investigation in respect of police investigation in respect of the same offence the same offence 211 Contents of charge 234 Contents of charge Particulars as to time, place and Particulars as to time, place 212 235 person and person When manner of committing When manner of committing 213 236 offence must be stated offence must be stated Words in charge taken in sense Words in charge taken in sense 214 of law under which offence is 237 of law under which offence is punishable punishable 215 Effect of errors 238 Effect of errors 216 Court may alter charge 239 Court may alter charge Recall of witnesses when Recall of witnesses when 217 240 charge altered charge altered Separate charges for distinct Separate charges for distinct 218 241 offences offences Three offences of same kind Offences of same kind within 219 within year may be charged 242 year may be charged together together 220 Trial for more than one offence 243 Trial for more than one offence Where it is doubtful what Where it is doubtful what 221 244 offence has been committed offence has been committed When offence proved included When offence proved included 222 245 in offence charged in offence charged What persons may be charged What persons may be charged 223 246 jointly jointly Withdrawal of remaining Withdrawal of remaining 224 charges on conviction on one of 247 charges on conviction on one of several charges several charges Trial to be conducted by Public Trial to be conducted by Public 225 248 Prosecutor Prosecutor 226 Opening case for prosecution 249 Opening case for prosecution 227 Discharge 250 Discharge 228 Framing of charge 251 Framing of charge 229 Conviction on plea of guilty 252 Conviction on plea of guilty 230 Date for prosecution evidence 253 Date for prosecution evidence 231 Evidence for prosecution 254 Evidence for prosecution 232 Acquittal 255 Acquittal 233 Entering upon defence 256 Entering upon defence 234 Arguments 257 Arguments Judgment of acquittal or Judgment of acquittal or 235 258 conviction conviction 236 Previous conviction 259 Previous conviction Procedure in cases instituted Procedure in cases instituted 237 260 under section 199(2) under section 223(1) 238 Compliance with section 207 261 Compliance with section 231 When accused shall be When accused shall be 239 262 discharged discharged 240 Framing of charge 263 Framing of charge 241 Conviction on plea of guilty 264 Conviction on plea of guilty 242 Evidence for prosecution 265 Evidence for prosecution 243 Evidence for defence 266 Evidence for defence 244 Evidence for prosecution 267 Evidence for prosecution When accused shall be When accused shall be 245 268 discharged discharged Procedure where accused is Procedure where accused is 246 269 not discharged not discharged 247 Evidence for defence 270 Evidence for defence 248 Acquittal or conviction 271 Acquittal or conviction 249 Absence of complainant 272 Absence of complainant Compensation for accusation Compensation for accusation 250 273 without reasonable cause without reasonable cause Substance of accusation to be Substance of accusation to be 251 274 stated stated 252 Conviction on plea of guilty 275 Conviction on plea of guilty Conviction on plea of guilty in Conviction on plea of guilty in 253 absence of accused in petty 276 absence of accused in petty cases cases 254 Procedure when not convicted 277 Procedure when not convicted 255 Acquittal or conviction 278 Acquittal or conviction Non-appearance or death of Non-appearance or death of 256 279 complainant complainant 257 Withdrawal of complaint 280 Withdrawal of complaint Power to stop proceedings in Power to stop proceedings in 258 281 certain cases certain cases Power of Court to convert Power of Court to convert 259 summons-cases into warrant- 282 summons-cases into warrant- cases cases 260 Power to try summarily 283 Power to try summarily  Summary trial by Magistrate of Summary trial by Magistrate of 261 284 the second class the second class 262 Procedure for summary trials 285 Procedure for summary trials 263 Record in summary trials 286 Record in summary trials Judgment in cases tried Judgment in cases tried 264 287 summarily summarily Language of record and Language of record and 265 288 judgment judgment 265A Application of the Chapter 289 Application of the Chapter 265B Application for plea bargaining 290 Application for plea bargaining Guidelines for mutually Guidelines for mutually 265C 291 satisfactory disposition satisfactory disposition Report of the mutually Report of the mutually 265D satisfactory disposition to be 292 satisfactory disposition to be submitted before the Court submitted before the Court 265E Disposal of the case 293 Disposal of the case 265F Judgment of the Court 294 Judgment of the Court 265G Finality of the judgment 295 Finality of the judgment Power of the Court in plea Power of the Court in plea 265H 296 bargaining bargaining Period of detention undergone Period of detention undergone by the accused to be set off by the accused to be set off 265-I 297 against the sentence of against the sentence of imprisonment imprisonment 265J Savings 298 Savings Statements of accused not to Statements of accused not to 265K 299 be used be used 265L Non-application of the Chapter 300 Non-application of the Chapter 266 Definitions 301 Definition Power to require attendance of Power to require attendance of 267 302 prisoners prisoners Power of State Government or Power of State Government to Central Government to exclude 268 exclude certain persons from 303 certain persons from operation operation of section 267 of section 302 Officer-in-charge of prison to Officer in charge of prison to 269 abstain from carrying out order 304 abstain from carrying out order in certain contingencies in certain contingencies Prisoner to be brought to Court Prisoner to be brought to Court 270 305 in custody in custody Power to issue commission for Power to issue commission for 271 306 examination of witness in prison examination of witness in prison 272 Language of Courts 307 Language of Courts Evidence to be taken in Evidence to be taken in 273 308 presence of accused presence of accused Record in summons-cases and Record in summons-cases and 274 309 inquiries inquiries 275 Record in warrant-cases 310 Record in warrant-cases Record in trial before Court of Record in trial before Court of 276 311 Session Session 277 Language of record of evidence 312 Language of record of evidence Procedure in regard to such Procedure in regard to such 278 313 evidence when completed evidence when completed  Interpretation of evidence to Interpretation of evidence to 279 314 accused or his pleader accused or his pleader Remarks respecting demeanour Remarks respecting 280 315 of witness demeanour of witness Record of examination of Record of examination of 281 316 accused accused Interpreter to be bound to Interpreter to be bound to 282 317 interpret truthfully interpret truthfully 283 Record in High Court 318 Record in High Court When attendance of witness When attendance of witness 284 may be dispensed with and 319 may be dispensed with and commission issued commission issued Commission to whom to be Commission to whom to be 285 320 issued issued 286 Execution of commissions 321 Execution of commissions 287 Parties may examine witnesses 322 Parties may examine witnesses 288 Return of commission 323 Return of commission 289 Adjournment of proceeding 324 Adjournment of proceeding Execution of foreign Execution of foreign 290 325 commissions commissions 291 Deposition of medical witness 326 Deposition of medical witness 291 Identification report of Identification report of 327 A Magistrate Magistrate 292 Evidence of officers of the Mint 328 Evidence of officers of the Mint Reports of certain Government Reports of certain Government 293 329 scientific experts scientific experts No formal proof of certain No formal proof of certain 294 330 documents documents Affidavit in proof of conduct of Affidavit in proof of conduct of 295 331 public servants public servants Evidence of formal character on Evidence of formal character on 296 332 affidavit affidavit Authorities before whom Authorities before whom 297 333 affidavits may be sworn affidavits may be sworn Previous conviction or acquittal Previous conviction or acquittal 298 334 how proved how proved Record of evidence in absence Record of evidence in absence 299 335 of accused of accused Evidence of public servants, ----- ----- 336 experts, police officers in certain cases Person once convicted or Person once convicted or 300 acquitted not to be tried for 337 acquitted not to be tried for same offence same offence Appearance by Public Appearance by Public 301 338 Prosecutors Prosecutors Permission to conduct Permission to conduct 302 339 prosecution prosecution  Right of person against whom Right of person against whom 303 proceedings are instituted to be 340 proceedings are instituted to be defended defended Legal aid to accused at State Legal aid to accused at State 304 341 expense in certain cases expense in certain cases Procedure when corporation or Procedure when corporation or 305 342 registered society is an registered society is an accused accused 306 Tender of pardon to accomplice 343 Tender of pardon to accomplice Power to direct tender of Power to direct tender of 307 344 pardon pardon Trial of person not complying Trial of person not complying 308 345 with conditions of pardon with conditions of pardon Power to postpone or adjourn Power to postpone or adjourn 309 346 proceedings proceedings 310 Local inspection 347 Local inspection Power to summon material Power to summon material 311 witness, or examine person 348 witness, or examine person present present Power of Magistrate to order Power of Magistrate to order 311 person to give specimen 349 person to give specimen A signatures or handwriting signatures or handwriting Expenses of complainants and Expenses of complainants and 312 350 witnesses witnesses 313 Power to examine the accused 351 Power to examine the accused Oral arguments and Oral arguments and 314 352 memorandum of arguments memorandum of arguments Accused person to be Accused person to be 315 353 competent witness competent witness  No influence to be used to No influence to be used to 316 354 induce disclosure induce disclosure Provision for inquiries and trial Provision for inquiries and trial 317 being held in the absence of 355 being held in the absence of accused in certain cases accused in certain cases Inquiry, trial or judgment in ----- ----- 356 absentia of proclaimed offender Procedure where accused does Procedure where accused does 318 357 not understand proceedings not understand proceedings Power to proceed against other Power to proceed against other 319 persons appearing to be guilty 358 persons appearing to be guilty of offence of offence 320 Compounding of offences 359 Compounding of offences 321 Withdrawal from prosecution 360 Withdrawal from prosecution Procedure in cases which Procedure in cases which 322 361 Magistrate cannot dispose of Magistrate cannot dispose of Procedure when, after Procedure when, after commencement of inquiry or commencement of inquiry or 323 362 trial, Magistrate finds case trial, Magistrate finds case should be committed should be committed Trial of persons previously Trial of persons previously 324 convicted of offences against 363 convicted of offences against coinage, stamp-law or property coinage, stamp-law or property Procedure when Magistrate Procedure when Magistrate 325 cannot pass sentence 364 cannot pass sentence sufficiently severe sufficiently severe Conviction or commitment on Conviction or commitment on evidence partly recorded by one evidence partly recorded by 326 365 Magistrate and partly by one Magistrate and partly by another another 327 Court to be open 366 Court to be open Procedure in case of accused Procedure in case of accused 328 367 being lunatic being person with mental illness Procedure in case of person of Procedure in case of person 329 unsound mind tried before 368 with mental illness tried before Court Court Release of person of unsound Release of person with mental 330 mind pending investigation or 369 illness pending investigation or trial trial 331 Resumption of inquiry or trial 370 Resumption of inquiry or trial Procedure on accused Procedure on accused 332 appearing before Magistrate or 371 appearing before Magistrate or Court Court When accused appears to have When accused appears to have 333 372 been of sound mind been of sound mind Judgment of acquittal on Judgment of acquittal on 334 373 ground of unsoundness of mind ground of mental illness Person acquitted on such Person acquitted on such 335 ground to be detained in safe 374 ground to be detained in safe custody custody Power of State Government to Power of State Government to 336 empower officer-in-charge to 375 empower officer-in-charge to discharge discharge Procedure where lunatic Procedure where prisoner with 337 prisoner is reported capable of 376 mental illness is reported making his defence capable of making his defence Procedure where lunatic Procedure where person with 338 detained is declared fit to be 377 mental illness detained is released declared fit to be released Delivery of person with mental Delivery of lunatic to care of 339 378 liabilities to care of relative or relative or friend friend  Procedure in cases mentioned Procedure in cases mentioned 340 379 in section 195 in section 215 341 Appeal 380 Appeal 342 Power to order costs 381 Power to order costs Procedure of Magistrate taking Procedure of Magistrate taking 343 382 cognizance cognizance Summary procedure for trial for Summary procedure for trial for 344 383 giving false evidence giving false evidence Procedure in certain cases of Procedure in certain cases of 345 384 contempt contempt Procedure where Court Procedure where Court 346 considers that case should not 385 considers that case should not be dealt with under section 345 be dealt with under section 384 When Registrar or Sub- When Registrar or Sub- 347 Registrar to be deemed a Civil 386 Registrar to be deemed a Civil Court Court Discharge of offender on Discharge of offender on 348 387 submission of apology submission of apology Imprisonment or committal of Imprisonment or committal of 349 person refusing to answer or 388 person refusing to answer or produce document produce document Summary procedure for Summary procedure for punishment for non-attendance punishment for non-attendance 350 389 by a witness in obedience to by a witness in obedience to summons summons Appeals from convictions under Appeals from convictions under 351 390 sections 344, 345, 349 and 350 sections 383, 384, 388 and 389 Certain Judges and Magistrates Certain Judges and Magistrates 352 not to try certain offences when 391 not to try certain offences when committed before themselves committed before themselves 353 Judgment 392 Judgment Language and contents of Language and contents of 354 393 judgment judgment Metropolitan Magistrate’s 355 — Deleted judgment Order for notifying address of Order for notifying address of 356 394 previously convicted offender previously convicted offender 357 Order to pay compensation 395 Order to pay compensation 357A Victim compensation scheme 396 Victim compensation scheme Compensation to be in addition to fine under section 326A or 357B — Deleted section 376D of Indian Penal Code 357C Treatment of victims 397 Treatment of victims ----- ----- 398 Witness Protection Scheme Compensation to persons Compensation to persons 358 399 groundlessly arrested groundlessly arrested Order to pay costs in non- Order to pay costs in non- 359 400 cognizable cases cognizable cases Order to release on probation of Order to release on probation of 360 good conduct or after 401 good conduct or after admonition admonition Special reasons to be recorded Special reasons to be recorded 361 402 in certain cases in certain cases 362 Court not to alter judgment 403 Court not to alter judgment  Copy of judgment to be given to Copy of judgment to be given to 363 404 the accused and other persons the accused and other persons Judgment when to be 364 Judgment when to be translated 405 translated Court of Session to send copy Court of Session to send copy 365 of finding and sentence to 406 of finding and sentence to District Magistrate District Magistrate Sentence of death to be Sentence of death to be 366 submitted by Court of Session 407 submitted by Court of Session for confirmation for confirmation Power to direct further inquiry to Power to direct further inquiry to 367 be made or additional evidence 408 be made or additional evidence to be taken to be taken Power of High Court to confirm Power of High Court to confirm 368 409 sentence or annul conviction sentence or annul conviction Confirmation or new sentence Confirmation or new sentence 369 410 to be signed by two Judges to be signed by two Judges Procedure in case of difference Procedure in case of difference 370 411 of opinion of opinion Procedure in cases submitted Procedure in cases submitted 371 412 to High Court for confirmation to High Court for confirmation No appeal to lie unless No appeal to lie unless 372 413 otherwise provided otherwise provided Appeal from orders requiring Appeal from orders requiring security or refusal to accept or security or refusal to accept or 373 414 rejecting surety for keeping rejecting surety for keeping peace or good behaviour peace or good behaviour 374 Appeals from convictions 415 Appeals from convictions No appeal in certain cases No appeal in certain cases 375 416 when accused pleads guilty when accused pleads guilty 376 No appeal in petty cases 417 No appeal in petty cases Appeal by the State Appeal by the State 377 418 Government against sentence Government against sentence 378 Appeal in case of acquittal 419 Appeal in case of acquittal Appeal against conviction by Appeal against conviction by 379 420 High Court in certain cases High Court in certain cases Special right of appeal in certain Special right of appeal in 380 421 cases certain cases Appeal to Court of Session how Appeal to Court of Session how 381 422 heard heard 382 Petition of appeal 423 Petition of appeal 383 Procedure when appellant in jail 424 Procedure when appellant in jail 384 Summary dismissal of appeal 425 Summary dismissal of appeal Procedure for hearing appeals Procedure for hearing appeals 385 426 not dismissed summarily not dismissed summarily 386 Powers of the Appellate Court 427 Powers of the Appellate Court Judgments of subordinate Judgments of Subordinate 387 428 Appellate Court Appellate Court Order of High Court on appeal Order of High Court on appeal 388 429 to be certified to lower Court to be certified to lower Court Suspension of sentence Suspension of sentence 389 pending the appeal; release of 430 pending the appeal; release of appellant on bail appellant on bail  Arrest of accused in appeal Arrest of accused in appeal 390 431 from acquittal from acquittal Appellate Court may take Appellate Court may take 391 further evidence or direct it to 432 further evidence or direct it to be taken be taken Procedure where Judges of Procedure where Judges of 392 Court of Appeal are equally 433 Court of Appeal are equally divided divided Finality of judgments and orders Finality of judgments and 393 434 on appeal orders on appeal 394 Abatement of appeals 435 Abatement of appeals 395 Reference to High Court 436 Reference to High Court Disposal of case according to Disposal of case according to 396 437 decision of High Court decision of High Court Calling for records to exercise Calling for records to exercise 397 438 powers of revision powers of revision 398 Power to order inquiry 439 Power to order inquiry Sessions Judge’s powers of Sessions Judge’s powers of 399 440 revision revision Power of Additional Sessions Power of Additional Sessions 400 441 Judge Judge 401 High Court’s powers of revision 442 High Court’s powers of revision Power of High Court to Power of High Court to 402 withdraw or transfer revision 443 withdraw or transfer revision cases cases 403 Option of Court to hear parties 444 Option of Court to hear parties Statement by Metropolitan Magistrate of grounds of his 404 ----- Deleted decision to be considered by High Court  High Court’s order to be High Court’s order to be 405 445 certified to lower Court certified to lower Court. Power of Supreme Court to Power of Supreme Court to 406 446 transfer cases and appeals transfer cases and appeals Power of High Court to transfer Power of High Court to transfer 407 447 cases and appeals cases and appeals Power of Sessions Judge to Power of Sessions Judge to 408 448 transfer cases and appeals transfer cases and appeals Withdrawal of cases and Withdrawal of cases and 409 449 appeals by Sessions Judges appeals by Session Judge Withdrawal of cases by Judicial Withdrawal of cases by Judicial 410 450 Magistrates Magistrate Making over or withdrawal of Making over or withdrawal of 411 451 cases by Executive Magistrates cases by Executive Magistrates 412 Reasons to be recorded 452 Reasons to be recorded Execution of order passed Execution of order passed 413 453 under section 368 under section 409 Execution of sentence of death Execution of sentence of death 414 454 passed by High Court passed by High Court Postponement of execution of Postponement of execution of 415 sentence of death in case of 455 sentence of death in case of appeal to Supreme Court appeal to Supreme Court Postponement of capital Commutation of sentence of 416 456 sentence on pregnant woman death on pregnant woman Power to appoint place of Power to appoint place of 417 457 imprisonment imprisonment Execution of sentence of Execution of sentence of 418 458 imprisonment imprisonment Direction of warrant for Direction of warrant for 419 459 execution execution  Warrant with whom to be Warrant with whom to be 420 460 lodged lodged 421 Warrant for levy of fine 461 Warrant for levy of fine 422 Effect of such warrant 462 Effect of such warrant Warrant for levy of fine issued Warrant for levy of fine issued by a Court in any territory to by a Court in any territory to 423 463 which this Code does not which this Sanhita does not extend extend Suspension of execution of Suspension of execution of 424 464 sentence of imprisonment sentence of imprisonment 425 Who may issue warrant 465 Who may issue warrant Sentence on escaped convict Sentence on escaped convict 426 466 when to take effect when to take effect Sentence on offender already Sentence on offender already 427 467 sentenced for another offence sentenced for another offence Period of detention undergone Period of detention undergone by the accused to be set off by the accused to be set off 428 468 against the sentence of against the sentence of imprisonment imprisonment 429 Saving 469 Saving Return of warrant on execution Return of warrant on execution 430 470 of sentence of sentence Money ordered to be paid Money ordered to be paid 431 471 recoverable as a fine recoverable as a fine Mercy Petition in death ---- ----- 472 sentence cases  Power to suspend or remit Power to suspend or remit 432 473 sentences sentences 433 Power to commute sentence 474 Power to commute sentence Restriction on powers of Restriction on powers of remission 433A remission or commutation in 475 or commutation in certain cases certain cases Concurrent power of Central Concurrent power of Central 434 Government in case of death 476 Government in case of death sentences sentences State Government to act after State Government to act after 435 consultation with Central 477 concurrence with Central Government in certain cases Government in certain cases 436 In what cases bail to be taken 478 In what cases bail to be taken Maximum period for which an Maximum period for which an 436A under-trial prisoner can be 479 under-trial prisoner can be detained detained When bail may be taken in case When bail may be taken in case of 437 480 of non-bailable offence non-bailable offence Bail to require accused to Bail to require accused to appear 437A appear before next Appellate 481 before next appellate Court Court Direction for grant of bail to Direction for grant of bail to person 438 482 person apprehending arrest apprehending arrest Special powers of High Court or Special powers of High Court or 439 483 Court of Session regarding bail Court of Session regarding bail Amount of bond and reduction Amount of bond and reduction 440 484 thereof thereof 441 Bond of accused and sureties 485 Bond of accused and sureties 441A Declaration by sureties 486 Declaration by sureties 442 Discharge from custody 487 Discharge from custody Power to order sufficient bail Power to order sufficient bail when 443 when that first taken is 488 that first taken is insufficient insufficient 444 Discharge of sureties 489 Discharge of sureties 445 Deposit instead of recognizance 490 Deposit instead of recognizance Procedure when bond has been Procedure when bond has been 446 491 forfeited forfeited Cancellation of bond and bail- 446A 492 Cancellation of bond and bail bond bond Procedure in case of insolvency Procedure in case of insolvency of 447 or death of surety or when a 493 death of surety or when a bond is bond is forfeited forfeited 448 Bond required from minor 494 Bond required from minor Appeal from orders under Appeal from orders under section 449 495 section 446 491 Power to direct levy of amount Power to direct levy of amount due 450 496 due on certain recognizances on certain recognizances Order for custody and disposal Order for custody and disposal of 451 of property pending trial in 497 property pending trial in certain certain cases cases Order for disposal of property at Order for disposal of property at 452 498 conclusion of trial conclusion of trial Payment to innocent purchaser Payment to innocent purchaser of 453 499 of money found on accused money found on accused Appeal against orders under Appeal against orders under 454 500 section 452 or section 453 section 500 or section 501 455 Destruction of libellous and 501 Destruction of libellous and other  other matter matter Power to restore possession of Power to restore possession of 456 502 immovable property immovable property Procedure by police upon Procedure by police upon seizure 457 503 seizure of property of property Procedure where no claimant Procedure where no claimant 458 504 appears within six months appears within six months Power to sell perishable 459 505 Power to sell perishable property property Irregularities which do not vitiate Irregularities which do not vitiate 460 506 proceedings proceedings Irregularities which vitiate Irregularities which vitiate 461 507 proceedings proceedings 462 Proceedings in wrong place 508 Proceedings in wrong place Non-compliance with provisions Non-compliance with provisions of 463 509 of section 164 or section 281 section 183 or section 316 Effect of omission to frame, or Effect of omission to frame, or 464 510 absence of, or error in, charge absence of, or error in, charge Finding or sentence when Finding or sentence when 465 reversible by reason of error, 511 reversible by reason of error, omission or irregularity omission or irregularity Defect or error not to make Defect or error not to make 466 512 attachment unlawful attachment unlawful 467 Definitions 513 Definitions 468 Bar to taking cognizance after 514 Bar to taking cognizance after  lapse of the period of limitation lapse of the period of limitation Commencement of the period of Commencement of the period of 469 515 limitation limitation Exclusion of time in certain 470 516 Exclusion of time in certain cases cases Exclusion of date on which Exclusion of date on which Court 471 517 Court is closed is closed 472 Continuing offence 518 Continuing offence Extension of period of limitation Extension of period of limitation in 473 519 in certain cases certain cases 474 Trials before High Courts 520 Trials before High Courts Delivery to commanding officers Delivery to commanding officers of 475 of persons liable to be tried by 521 persons liable to be tried by Court- Court- martial martial 476 Forms 522 Forms Power of High Court to make 477 523 Power of High Court to make rules rules Power to alter functions allotted Power to alter functions allocated 478 to Executive Magistrates in 524 to Executive Magistrate in certain certain cases cases Cases in which Judge or Case in which Judge or Magistrate 479 Magistrate is personally 525 is personally interested interested Practising pleader not to sit as Practicing advocate not to sit as 480 526 Magistrate in certain Courts Magistrate in certain Courts Public servant concerned in sale Public servant concerned in sale 481 not to purchase or bid for 527 not to purchase or bid for property property  Saving of inherent powers of Saving of inherent powers of High 482 528 High Court Court Duty of High Court to exercise Duty of High Court to exercise continuous superintendence 483 529 continuous superintendence over over Courts of Judicial Courts Magistrates Trial and proceedings to be held in 484 Repeal and savings 530 electronic mode. ---- ----- 531 Repeal and Savings