1960 Criminal Procedure Code PDF

CRIMINAL PROCEDURE CODE CRIMINAL PROCEDURE CODE ARRANGEMENT OF SECTIONS* The original numbering of the sections has been retained SECTION 1. Short title 2. Establishment of Criminal Procedure Code 3. Saving pending proceedings 4. Saving existing appointments 5. Trial of offences under Penal Code and other laws 6. Functions conferred on Federal officers 7. Delegation of powers of Attorney-General SCHEDULE PART I PRELIMINARY CHAPTER I 1. Interpretation 2. Illegal omissions 3. Words to have same meaning as in Penal Code. PART II THE CONSTITUTION AND POWERS OF CRIMINAL COURTS CHAPTER II THE CONSTITUTION OF CRIMINAL COURTS 4. Classes of criminal courts 5. Power to divide the Region into districts 6. Establishment and jurisdiction of magistrate's court in each district 7. Presiding officer not to exceed powers 8. Appointment of magistrates 9. Territorial jurisdiction of magistrates 10. Power of Chief Magistrate to direct a subordinate magistrate 11. Appointment and removal of justices of the peace. CHAPTER III THE POWERS OF CRIMINAL COURTS SECTION 12. Offences under Penal Code and jurisdiction of native courts 13. Offences under other laws 14. Jurisdiction of High Court 15. Jurisdiction of Chief Magistrate 16. Jurisdiction of magistrate of first grade 17. Jurisdiction of magistrate of second grade 18. Jurisdiction of magistrate of third grade 19. Power of Governor to increase Jurisdiction of magistrate 20. Repealed 21. Combination of sentences 22. Imprisonment in default of payment of fine 23. Power to inflict fine in lieu of imprisonment 24. Sentence in case of convictions of several offences at one trial 25. Power to bind parties to be of good behaviour. PART III ARREST AND PROCESS __#CHAPTER IV#_ ARREST A - Arrest 26. When police may arrest. 27. Powers in regard to suspected persons. 28. When private person may arrest 29. Arrest for offence committed in presence of justice of the peace. 30. Arrest by or in presence of justice of the peace or superior police officer. 31. Resisting endeavour to arrest 32. Power to seize offensive weapons. 33. When public are bound to assist in arrest 34. Search of place entered by person sought to be arrested 35. Pursuit of offender into other jurisdictions 36. Power to break out of any place for purpose of liberation 37. No unnecessary restraint to arrested person 38. Notification of cause of arrest B. - Procedure after Arrest 39. Procedure after arrest by private person. 40. Person arrested to be taken before a court or officer in charge of police station. 41. Procedure when offender has refused to give his name and address. 42. Person arrested without warrant not to be detained more than twenty-four hours. 43. Police to report arrest 44. Search of arrested person 45. Discharged of arrested person 46. Register of arrests. CHAPTER V PROCESSES TO COMPEL APPEARANCE A -Summons 47. Power to issue summons, and form of summons. 48. Summons by whom served. 49. Manner of serving summons. 50. Service on corporation. 51. Service on native authority. 52. service when person summoned cannot be found. 53. Inability of person served to sign or seal. 54. Service of summons outside local limits. 55. Proof of service. B - Warrant of Attest 56. Form of warrant of arrest 57. Court may direct security to be taken 58. Warrant to whom directed 59. Re-direction of warrant 60. Notification of substance of warrant 61. Power to arrest without warrant 62. Person arrested to be brought before court without delay 63. Where warrant may be executed. 64. Warrant forwarded for execution outside jurisdiction. 65. Procedure for arrest executed outside jurisdiction. 66. Procedure on arrest under warrant outside jurisdiction. C - Public Summons and Attachment 67. Public summons for person absconding. 68. Attachment of property of person absconding. 69. Restoration of attached property. D. - Other Rides regarding Process 70. Issue of warrant in lieu of or in addition to summons. 71. Power to take bond for appearance. 72. Provision of this chapter generally applicable to summon warrant CHAPTER VI MEANS TO SECURE THE PRODUCTION ON DISCOVERY DOCUMENTS OR OTHER THINGS AND FOR THE DISCOVERY AND LIBERATION OF PERSONS UNLAWFULLY CONFINED A- Summons to Produce 73. Summons to produce document or other thing. B-Searches and Orders for Production and Liberation of Persons. 74. Issue of search warrant by court or justice of the peace. 75. Application for search warrant 76. Search for stolen property, etc. 77. Search for person wrongfully confined. 78. Search to be made in presence of witnesses. 79. Searching of woman's quarters. 80. Occupant of place searched may attend. 81. Search of person found in place. 82. Mode of searching woman. 83. Execution of search warrant outside jurisdiction. 84. Provisions as to warrants of arrest to apply to search warrant 85. Justice of the peace may direct search in his presence. 86. Impounding of document, etc PART IV THE PREVENTION OF CRIME CHAPTER VII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR A - Security for Keeping the Peace and for Good Behaviour on conviction 87. Security on conviction B- Security for Keeping the Peace and for Good Behaviour in Other cases 88. Security in other cases 89. Security for good behaviour for habitual offenders. 90. Warrant for arrest may issue if breach of peace likely. 91. Contents of summons or warrant under section 88, 89 or 90. 92. Inquiry as to truth of information. 93. Order to give security. 94. Discharge of person informed against C. Proceedings in all Cases Subsequent to Order to Furnish Security. 95. Commencement of period for which security is required. 96. Contents of bond. 97. Imprisonment in default of security. 98. Power to reject sureties. 99. Power to release persons imprisoned, for failure to give security. 100. Powers to cancel bond. CHAPTER VIII UNLAWFUL ASSEMBLIES AND RIOTS 101. Assembly to disperse on command of justice of the peace, police or commissioned officer. 102. Use of civil force to disperse. 103. Protection against prosecution for acts done under this chapter. CHAPTER IX PUBLIC NUISANCES 104. Conditional order for removal of nuisance. 105. Service of order. 106. Person to whom order is addressed to obey or appear before court. 107. Consequences of failure to obey order or to appear. 108. Procedure where person appears. 109. Consequences of disobedience to order made absolute. 110. Order pending inquiry 111. Prohibition of repetition or continuance of nuisance. CHAPTER X PREVENTIVE ACTION BY POLICE AND PUBLIC 112. Prevention by police and others of offences and injury to public property. 113. Public to assist justice of the peace, etc CHAPTER XI DUTY OF PUBLIC AND OF SUB-AREA HEADS TO GIVE INFORMATION. 114. Public to give information of certain offences. 115. Sub-area head bound to report certain matters. 116.Investigation by sub-area head on receiving information under section115. PART V INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XII A- Procedure in Cases where the Police may Arrest without a Warrant 117. Information in cases where the police may arrest without a warrant 118. Procedure where warrant is not required for arrest 119. Manner of submitting First Information Report 120. Power of court on receiving First Information Report 121. Case diary to be kept by police. 122. Case diary not to be evidence. 123. Power of police to summon and examine. 124. No inducement to be offered 125. Confession to justice of the peace. 126. confession to police officer. 127. Medical examination of suspect 128. Taking of fingerprints, etc 129. Remand of person in custody. 130. Procedure where police consider investigation should be terminated without inquiry or trial. 131. Procedure when police consider that investigation should be terminated upon inquiry or trial. 132. Attendance of accused and bonds for attendance of witnesses. B. - Procedure in Cases where the Police may not Arrest without a Warrant 133. Procedure where warrant is required for arrest PART VI PROCEEDING IN PROSECUTIONS CHAPTER XIII PLACE OF INQUIRY AND TRIAL 134. Ordinary place of Inquiry and trial. 135. Places of Inquiry or trial when scene of offence is uncertain. 136. Offence committed on a journey 137. Chief Justice to decide in case of doubt court in which inquiry or trial shall take place. 138. Power to transfer; 139. Power to Issue summons or warrant for offence committed beyond local jurisdiction. CHAPTER XIV SANCTIONS NECESSARY FOR THE INITIATION OF CERTAIN PROCEEDINGS. 140. Prosecution for contempt of lawful authority of public servants 141. Prosecution for breach of contract, defamation and offences against marriage. 142. Prosecution for adultery. CHAPTER XV IMITATION OF JUDICIAL PROCEEDINGS BEFORE A COURT 143. Cognizance of offence by court 144. Power of court to give directions. 145. Power of court to advise person the subject of a complaint 146. Examination of complaint 147. Transfer of case by court 148. Power of court to order further investigation 149. Inquiry by court of complaint by person other than police officer 150. Court may refuse to proceed. 151. Procedure by court not competent to take organizance of cases. 152. Inquiry or trial 153. Presence of accused at trial 154. Process to compel attendance of accused. CHAPTER XVI SUMMARY TRIALS IN MAGISTRATES' COURTS 155. Procedure in summary trial by magistrate. 156. Substance of accusation to be stated. 157. Conviction on admission of truth of accusation. 158. Evidence for prosecution. 159. Discharge of accused. 160. Charge to be framed when offence appears to have been committed. 161. Plea. 162. Defence. 163. Process for compelling production of evidence at instance of accused. 164. Procedure after finding. 165. Absence of complaint. 166. Frivolous or vexation accusation. CHAPTER XVII PRELIMINARY INQUIRY AND COMMITTMENT FOR TRIAL TO THE HIGH COURT 167. Committed 168. Taxing of evidence produced. 169. When accused to be discharged. 170. Transformation of inquiry into trial. 171. Procedure on transformation of inquiry into trial 172. Framing of charge. 173. Change to b explained and copy furnished to accused. 174. List of witnesses for defence at trial. 175. Power of magistrate to examine witnesses named in list given under section 174. 176. Order of commitment 177. Summons to witnesses for defence when accused is committed. 178. Bonds of complainants and witnesses. 179. Detention In custody in case of refusal to execute bond. 180. Charge, etc, to be forwarded. 181. Power of Attorney-General to amend or alter charge. 182. Power to summon supplementary witnesses. 183. Custody of accused pending trial 184. Continuation of inquiry by a different magistrate. CHAPTER XVIII TRIALS BY THE HIGH COURT 185. Trial by High Court 186. Defence in capital cases. 187. Commencement of trial. 188. Plea of not guilty or no plea. 189. Presentation of case for prosecution. 190. Examination of accused at inquiry to be read. 191. Procedure after conclusion of evidence for prosecution. 192. Defence. 193. Right of accused as to examination and summoning of witnesses. 194: Prosecutor's right of reply. 195. Consideration of finding. 196: Announcement of finding. 197. Procedure on finding of guilty. 198. Sentence. 199. Recommendation to mercy. CHAPTER XIX CHARGES 200. Form of charges. 201. Contents of charges 202. Particulars as to time, place and person. 203. Charge of criminal breach of trust, etc 204. Charge of falsification of accounts. 205. When manner of committing offence must be stated. 206. Effect of errors. 207. Procedure on commitment without charge or with imperfect charge. 208. Court may alter charge. 209. When court may proceed with trial immediately after altering, adding to or framing charge. 210. When new trial may be directed or trial suspended. 211. Recall of witnesses when charge revised. 212. Separate charges for distinct offences. 213. Offences of like character may be charged together. 214. Acts forming the same transaction. 215. When it is doubtful on which occasion an offence has been committed. 216. When it is doubtful what offence has been committed. 217. When person charge with one offence may be convicted of another. 218. Conviction of lesser offence where greater charged. 219. Conviction for attempt not separately charged. 220. Withdrawal of remaining charges on conviction on one of several charges. 221. What persons may be charged jointly. 222. Effect of material error. CHAPTER XX PREVIOUS ACQUITALS AND CONVICTIONS. 223. Person once convicted or acquitted not to be tried for same offence. 224. Previous acquittal or conviction, when to be proved. CHAPTER XXI GENERAL PROVISIONS AS TO INQUIRIES, TRIALS AND OTHER JUDICIAL PROCEEDINGS. 225. Court to be open. 226. Right of appearance of legal practitioner. 227. Representation of the state, Government Departments and native authorities. 228. General procedure in inquiries and trials by magistrates. 229. Oath 230. Witness not compelled to take oath or make affirmation. 231. Manner of making oath or affirmation. 232. Swearing of Moslems. 233. Protection of witnesses. 234. Taking and recording of evidence. 235. Power to examine the accused. 236. Evidence of accused. 237. Power to summon material witnesses or examine person present 238. Evidence of person confined. 239. When evidence given at preliminary inquiry admissible at trial. 240. Admissibility of statements by accused. 241. Language not understood by accused. 242. Interpreter bound to interpret truthfully. 243. View. 244. Powers to take evidence of persons dangerously ill. 245. Commission to take evidence. 246. Examination of witnesses on commission. 247. Return of commission. 248. Evidence taken abroad by interrogatories. 249. Deposition of medical witness. 250. Report of scientific expert. 251. Record of evidence in absence of absconding accused. 252. Record of evidence when offender unknown. 253. Stay of proceedings by Attorney-General 254. No influence to be used to induce disclosure. 255. Power to postpone or adjourn proceedings. 256. Procedure by court in cases of which it cannot dispose. 257. Procedure when court cannot pass sentence sufficiently severe. 258. Conviction on other charges pending. 259. Joint trial may be stayed and accused tried separately. 260. Reference on points of law. 261. Procedure when accused does not understand proceedings 262. Delivery of judgment when judge, etc, unavoidably absent 263. Opinion of majority to prevail. 264. Procedure where court evenly divided. 265. Every member to give opinion. 266. Order of taking opinions. CHAPTERXXII THE JUDGEMENT 267. Definition for chapter XXII. 268. Language and mode of delivering judgment 269. Contents of judgment 270. Death sentence not imposed in certain circumstances. 271. Procedure where woman convicted of capital offence alleged to be pregnant 272. Procedure where person is convicted of a capital offence committed while under seventeen. 273. Sentence of death. 274. Cases in which appeal lies. 275. Court not to alter judgment 276. Copy of judgment or translation to be given to accused on application. 277. Original judgment to be filed. PART VII PROCEEDINGS CHAPTER XXIII APPEAL AND REVIEW. 278. Appeals from native courts. 279. Appeal from magistrate's court. 280. Procedure on appeal from magistrate's court 281. Memorandum of grounds of appeal from a magistrate's court 282. Grounds of appeal from magistrate's court 283. Giving security to prosecute appeal from a magistrate's court 284. Appeals from High Court 285. Power of Chief Justice to examine proceedings. 286. Accused, etc. not entitled to be heard on examination of proceedings under section 285. 287. Sentence to take effect pending appeal 288. Appellant court not to send back judgment for technical error in procedure. 289. Enforcing of judgment 290. Court member not to hear appeals from judgments. 291. Abatement of appeals. CHAPTER XXIV EXECUTION SECTION 292. Definitions for chapter XXIV. 293. Chapter not applicable to native courts. 294. High Court to report death sentence to Minister. 295. Recommendation of pardon or reprieve. 296. When death sentence to be carried into effect 297. Minister to inform High Court. 298. Order for execution of death sentence. 299. Copy of order to be sent to Provincial commissioner. 300. When woman sentenced to death is alleged to be pregnant 301. Procedure for granting of pardon. 302. Execution of sentence of improvement 303. Condition attaching to detention during pleasure. 304. Warrant for levy of fine. 305. Who may issue a warrant 306. Powers of court when offender sentenced to fine only. 307. Execution of sentence of Haddi lashing. 308. Execution of sentence of caning. 309. Stay of execution of sentence of caning 310. Stay of execution of sentence of caning to allow time for appeal. 311. Execution of sentence on escaped convict 312. Sentence on an offender already sentenced for another offence. 313. Return of warrant on execution of sentence. PART VIII SPECIAL PROCEEDINGS CHAPTER XXV PROCEEDINGS IN CASE OF CERTAIN OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE. 314. Procedure in cases mentioned in section 140. 315. Procedure in certain cases of contempt 316. Record of certain cases of contempt 317. Discharge of offender on submission or apology. 318. Imprisonment or commitment of offence's custody of person refusing to answer or produce document 319. Appeals from convictions in contempt cases. CHAPTER XXVI PERSONS OF UNSOUND MIND 320. Procedure when accused is suspected to be of unsound mind. 321. Certificate of medical officer. 322. Release of person of unsound mind pending investigation or trial. 323. Definitions for chapter XXVII. 324. Plea by corporation. 325. Powers of representative 326. Matters to be read or said or explained to representative. 327. Non-appearance of representative. 328. Saving. 329. Procedure where person of unsound mind report fit for discharge. 330. Transfer from one plea of custody to another. 331. Delivery of person of unsound mind to care of relatives. CHAPTER XXVII PROCEEDINGS RELATING TO CORPORATIONS 332. Definition for chapter XXVII. 333. Plea by corporation. 334. Committal of corporation for trial. 335. Powers of representative. 336. Matters to be read or said or explained to representative. 337. Non-appearance of representative. 338. Saving. PART IX SUPPLEMENTARY PROVISIONS CHAPTER XXVII THE COMPOUNDING OF OFFENCES. 339. Compounding offences. CHAPTER XXIX BAIL 340. When bail to be granted. 341. When bail may be taken in respect of non-bailable offence. 342. Power of High Court to direct release on bail. 343. Power to arrest person released on bail 344. Power of High Court to order reduction of bail. 345. Bond of accused and sureties. 346. Discharge from custody. 347. Deposit instead of bond. 348. Bond required from a person under eighteen years. 349. Amount of bond not to be excessive. 350. Reconsideration of bail. 351. Discharge of sureties. 352. Discharge of surety's estate. 353. When person fails to find surety. 354. Procedure on forfeiture of bond. 355. Arrest on breach of bond for appearance. CHAPTER XXX THE DISPOSAL OF PROPERTY 356. Order for custody and disposal of property pending trial. 357. Order for disposal of property after trial. 358. Payment to the innocent purchaser of money found on accuse. 359. Destruction of defamatory and other matter. 360. Power to restore possession of immovable property. 361. Procedure upon seizure of property taken under section 44 or stolen. 362. Procedure where owner of property seized unknown. 363. Power to sell perishable property. CHAPTER XXXI MISCELLANEOUS 364. Expenses of complainants and witnesses. 365. Power of court to pay expenses or compensation out of fine. 366. Payments to be taken into consideration in subsequent suit 367. Moneys ordered to be paid recoverable as fines. 368. Copies of proceedings. 369. Power of police to seize property suspected to be stolen 370. Powers of superior of police officers. 371. Compensation to persons groundlessly given in charge 372. Saving as to other forms and procedure. 373. Power to make rules. 374. Case in which member of court is personally interested. 375. Proceeding by or against officer of court. 376. Public servant concerned in sales not to purchase or bid property. 377. Protection of judicial officers. 378. Directions by native court to officer of Nigeria Police. CHAPTER XXXII IRREGULAR PROCEEDINGS. 379. Irregularities which do not vitiate proceedings. 380. Irregularities which vitiate proceedings. 381. Effect of omission to prepare charge. 382. Finding or sentence when reversible by reason of error omission in charge or other proceedings. 383. Process valid notwithstanding death or vacation of officer of person issuing. 384. Errors and omissions in orders and warrants. CHAPTER XXXIII TRIALS IN NATIVE COURTS. 385. Definitions for chapter XXXIII. 386. Native courts to be guided by Criminal Procedure Court 387. Formal charge not necessary in native courts. 388. Procedure on conviction in native courts when no formal charge made. 389. Right of accused to state case and adduce evidence. 390. Counsel not admitted to native court 391. Examination of witnesses. 392. Making of finding. 393. Court to record wishes of deceased's relatives in capital cases. 394. Procedure in capital cases. 395. Records in native court 396. Duties of justice of the peace. CRIMINAL PROCEDURE CODE A LAW TO ESTABLISH A CODE OF CRIMINAL PROCEDURE FOR NORTHERN NIGERIA. NR 11 of I960. 20 of I960. N.N 48 of 1961. 33 of 1962. 39 of 1962. 54 of 1963. 3 of 1963. 27 of 1963. N.N.L.N 7 of 1961. 46 of 1961. 186 of 1963. 211 of 1963. Date of commencement [ 30th September, 1960] 1. This Law may be cited as the Criminal Procedure Code Law. 2. The provisions contained in the Schedule to this Law shall be the Law of Northern Nigeria with respect to the several matters therein dealt with and the said Schedule may be cited as, and is hereinafter called/ the Criminal Procedure Code. 3. All proceedings instituted, commenced or taken in accordance with the provisions of the Criminal Procedure Ordinance or any other written law in respect of any criminal cause or matter pending at the date of the coming into force of this Law shall be valid and effectual and shall be continued in accordance with the provisions of the Criminal Procedure Ordinance or such other written law, as the case may be. 4.Nothing in this Law shall affect the status, appointment or tenure Of Office Of- (a) any magistrate appointed as such within Northern Nigeria before the commencement of this Law, and such magistrate shall be deemed to have been appointed as such under this Law and shall exercise his duties in the magistrates' courts established under this Law in the district in which he was serving before the commencement of this Law, and shall thereafter be subject to the provisions of this Law; (b) any justice of the peace holding office as such within Northern Nigeria before the commencement of this Law; and such justice of the peace shall be deemed to have been appointed as such under this Law and thereafter to be subject to the provisions of this Law; (c)any officer performing duties in connection with a court constituted under any written law before the commencement of this Law, and such officer shall be deemed to have been appointed as such under this Law and shall thereafter be subject to the provisions of this Law. 5. (1) All offences under the Penal Code shall be investigated, inquired into and otherwise dealt with according to the provisions contained in the Criminal Procedure Code. (2) All offences against any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but subject to any law for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. (3) Notwithstanding the provisions contained in subsection (1) and (2) a native court shall only be bound of the provisions of the Criminal Procedure Code to the extent specified in Chapter XXXIII thereof. 6. No function shall be deemed to be conferred by this Law upon any member of the Nigeria Police Force or any commissioned officer of the armed forces of the Federation unless and until the President shall be given his consent to the conferring of such function. 7. The powers of the Attorney-General under this Law may be exercised by him in person or through members of his staff acting under and in accordance with his general or special instructions. SCHEDULE PART 1 PRELIMINARY @@#CHAPTER 1#@@ 1. In this Criminal Procedure Code - "accused person" includes an arrested person, and a person the subject of a complaint or a First Information Report or a police report, even though any such person may not be the subject of a formal charge; "charge" includes any head of charge when the charge contains more heads than one; "complaint" means the allegations made orally or in writing to a court with a view to its taking action under this Criminal Procedure Code that some person whether known or unknown has committed an offence, but except were the context otherwise requires it does not include a police report; "court" means any court of civil or criminal jurisdiction established by any law or deemed to be so established. "High Court" means the High Court of Justice of Northern Nigeria; "inquiry" includes every inquiry, other than a trial, conducted under this Criminal Procedure Code by a justice of the peace or court; "investigation" includes all proceedings under chapter XII or section 149 for the collection of evidence by a police officer; "local limits of the jurisdiction" of a justice of the peace or court means the local limits of the administrative province, division or district or judicial division or magisterial district in which the justice of the peace or court ordinarily exercises his or its functions, but a justice of the peace except in so tar as his powers are limited by the terms of his appointment or otherwise may exercise his powers in any part of Northern Nigeria in which he happens to be; "native court" means a court established or deemed to have been established under the Native Courts Law; "officer in charge of a police station" or" officer in charge of the police station" includes, when the officer in charge of the police station is absent from the station building or unable for any reason to perform his duties, the police officer present at the station building who next in seniority to, or who in the absence of such officer in charge performs the duty of such officer; "Penal Code" means the Penal Code established by the Penal Code Law, "Police district" means - (a) in the case of the Nigeria Police, a police province; and (b) in the case of native authority police, the ara of the jurisdiction of the native authority; "police force' includes a police force established and constituted by a native authority under any written law or deemed to have been so constituted; "Police force" includes a police force established and constituted by a native authority under any written law or deemed to have been so constituted; "police officer' means any member of a police force; "superior police officer" shall have the same meaning as in section 2 of the Police Act; "sub-area head" means a person appointed by a native authority to be head of an administrative sub- area; "take cognizance" with its grammatical variations means take notice in an official capacity. 2. Words which refer to acts done also extend to illegal omissions. 3. All words and expressions used herein and defined in the Penal Code shall have the meanings attributed to them by that Code. PART II THE CONSTITUTION AND POWERS OF CRIMINAL COURTS CHAPTER II THE CONSTITUTION OF CRIMINAL COURTS 4. There shall be six classes of criminal courts in Northern Nigeria, namely- (1) the High Court; (2) courts of Chief Magistrates; (3) courts of magistrates of the first grade; (4) courts of magistrates of the second grade; (5) courts of magistrates of the third grade; (6) Native courts established or deemed to have been established in Northern Nigeria under any law. 5. The Chief Justice may - (a) divide Northern Nigeria, or any portion thereof, into magisterial districts for the purposes of establishing magistrates' courts; (b) constitute any part of Northern Nigeria a magisterial district for the purpose of establishing a magistrate's court; (c) distinguish such magisterial districts by such names or numbers he may think proper; and (d) Vary the limits of any such magisterial districts. 6. (1) In each magisterial district there shall be and there is hereby established a court, to be called the magistrate's court. (2) A magistrate's court shall have such jurisdiction as is conferred upon it by this Criminal Procedure Code or any other written law subject nevertheless to the limitations imposed by the Constitution of Northern Nigeria. 7. (1) Subject to the provisions of this Criminal Procedure Code- (a)the magistrate of each magisterial district shall be the presiding magistrate of the court of such district wherein he shall have and exercise all the jurisdiction and powers conferred upon him by his appointment; and (b) no magistrate either as presiding officer or otherwise shall exercise any jurisdiction or powers in excess of those conferred upon him by his appointment. (2) when the Chief Justice assigns two or more magistrates to any magisterial district, each magistrate shall be a presiding officer of the court of such district, and each sitting separately shall have and excise all the jurisdiction and powers conferred and exercise all the jurisdiction and powers conferred upon him by his appointment. 8. (1) Magistrates shall be Chief Magistrates or first, second or third grade magistrates. (2) The Public Service Commission may appoint any person to the office of magistrate. (3) The appointment of magistrates shall be made in compliance with the provisions of the constitution of Northern Nigeria and of a legislation made in accordance therewith. 9. Every magistrate shall have jurisdiction throughout the Region unless his appointment is specially limited to the area of any magisterial district, or group of magisterial districts. 10. Notwithstanding the provisions of section 9, a Chief Magistrate who is assigned to a group of magisterial districts may direct a magistrate in one district within the group to assist another magistrate within the group and may direct to the best advantage the movements of any additional magistrate within the group. 11. The appointment of a justice of the peace shall be made in compliance with the provisions of the Constitution of Northern Nigeria. CHAPTER III THE POWERS OF CRIMINAL COURTS. 12. (1) Subject to the other provisions of this Criminal Procedure Code, any offence under the Penal Code may be tried by any court by which such offence is shown in the sixth column of Appendix A to be triable or by any court other than a native court with greater powers. (2) Any offence under the Penal Code may be tried by any native court by which such offence is shown in the seventh column of Appendix A to be triable or by any native court with greater powers but (subject to the provisions of section 59 of the Native Courts Law) not by a Provincial Court. Provided that any such native court shall try such offence only if jurisdiction so to do has been conferred upon it by its court warrant. (3) Subject to the provisions of subsection (2), the jurisdiction of native courts shall be governed by the provisions of the Native Courts Law. 13. (1) Any offence under any law other than the Penal Code may be tried by any court given jurisdiction in that behalf in that law or by any court with greater powers. (2) When no court is so mentioned such offence may be tried by the High Court or any court constituted under this Criminal Procedure Code: Provided that in trying any such offence - (a) a Chief Magistrate shall not try an offence punishable with imprisonment for a term which may exceed ten years or with fine exceeding five hundred pounds: (b) a magistrate of the first grade shall not try an offence punishable with imprisonment for a term which may exceed five years or with fine exceeding two hundred pounds; (c) a magistrate of the second grade shall not try an offence punishable with imprisonment for a term which may exceed five years or with fine exceeding one hundred pounds; (d) a magistrate of the third grade shall not try an offence punishable with imprisonment for a term which may exceed three months or with fine exceeding twenty-five pounds; (e) a native court shall not try an offence under any other law unless jurisdiction to try the offence has been conferred upon that native court. (3) Nothing in subsection (2) shall be deemed to confer upon any court any jurisdiction in excess of that conferred upon the court by sections 15 to 25. 14. The High Court may pass any sentence authorised by law. 15. A Chief Magistrate may pass the following sentences - (a) imprisonment for a term not exceeding five years; (b) fine not exceeding five hundred pounds; (c) Caning; (d) detention under section 71 of the Penal Code. 16. A magistrate, of the first grade may pass the following sentence - (a) imprisonment for a term not exceeding three years; (b) fine not exceeding three hundred pounds; (c) caning; (d) detention under section 71 of the Penal Code. 17. A magistrate of the second grade may pass the following sentences - (a) imprisonment for a term not exceeding eighteen months; (b) fine not exceeding two hundred pounds; (c) caning; (d) detention under section 71 of the Penal Code. 18. A magistrate of the third grade may pass the following sentences - (a) imprisonment for a term not exceeding nine months; (b) fine not exceeding one hundred pounds. 19. (1) The Government may, on the recommendation of the Chief Justice by order authorise an increased jurisdiction in criminal matters, to be exercised by any magistrate to such extent as the Chief Justice may on such recommendation specify and such order may at any time be revoked by the Governor by writing under his hand. (2) An order under subsection (1) may authorise such increased jurisdiction in respect of - (a) offences under a named Act or Law; (b) offences specifically referred to under a named Act or Law, or (c) a particular offence for which a person is then charged or a particular offence of which a court has taken cognizance 20. (Repealed by N.N. 12 of 1962.) 21. Any court may pass any lawful sentence combining any of the types of sentences which it is authorised by law to pass. 22. Any court may award any term of imprisonment in default of payment of a fine which is authorised by section 74 of the Penal Code: Provided that the term of imprisonment shall not be hi excess of the powers of the court under section 15 to 21. 23. (1) Where a court has authority under any written law to impose imprisonment for any offence and has not specific authority to impose a fine for that offence the court may in its discretion impose a fine in lieu of imprisonment. (2) The amount of the fine shall not be in excess of the power of the court to impose fines under sections 15 to 21. (3) No term of imprisonment imposed in default of payment of such fine shall exceed the maximum fixed in relation to the amount of the fine by section 74 of the Penal Code. (4) In no case shall any term of imprisonment imposed in default of payment of such fine exceed the maximum term authorised as punishment for the offence by the written law. (5) The provisions of this section shall not apply in any case where a written law provides a minimum period of imprisonment to be imposed for the commission of an offence. 24. (1) When a person is convicted at one trial of two or more distinct offences, the court may, subject to the provisions of section 76 of the Penal Code, sentence him for such offences to the several punishments prescribed therefore which such court is competent to inflict such punishments, when consisting of imprisonment, to commence the one after the expiration of the other in such order as the court may direct, unless the court directs that such punishments shall run concurrently. (2) In cases falling under this section a court shall not be limited by the provisions of sections 15 to 21 but a court shall not impose consecutive sentences exceeding in the aggregate twice the amount of punishment which it is in the excise of its ordinary jurisdiction competent to inflict. 25. A court may, whether the accused is discharged or not, bind over the complainant or accused, or both, with or without sureties, to be of good behaviour and may order any person so bond, in default of compliance with the order, to be imprisoned for a term not exceeding three months in addition to any other punishment to which that person is liable. PART III ARREST AND PROCESS @@#CHAPTER IV#@@ ARREST A-Arrest 26. Any police officer may arrest- (a) any person who commits an offence in his presence not withstanding any provision in the third column of Appendix. A that an arrest may not be made without a warrant; (b) any person for whose arrest a warrant has been issued or whom he is directed to arrest by a justice of the peace or superior police officer under section 29 or section 30. (c) any person who has been concerned in an offence for which I accordance with the third column of Appendix A or under any other Act or Law for the time being in force in any part of Nigeria, the police may arrest without warrant, or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists of his having been so concerned; (d) any person the order for whose discharge from prison has been cancelled by a judge of the High Court under section 99; (e) any person whom he reasonably suspects to be designing to commit an offence for which the police may arrest without a warrant, if it appears to him that the commission of the offence cannot be otherwise prevented; (f) any person required to appear by a public summons published under section 67; (g) Any person found taking precautions to conceal his presence in suspicious circumstances or who being found in suspicious circumstances has no ostensible means of subsistence or cannot give satisfactory account of himself; (h) any person in whose possession property is found which may reasonably be suspected to be stolen property or property in respect of which an offence has been committed under sections 115,116, 118, 119, 120, 121, 122, 168 or 169 of the Penal Code or who may reasonably be suspected of having committed an offence with reference to such property. (i) any person who obstructs a police officer while in the execution of his duty; (j) any person who has escaped or attempts to escape from lawful custody; (k) any person reasonably suspected of being a deserter from any military force for the time being serving in Nigeria; (I) any person who in his presence has committed or been accused of committing any offence for which the police may not, according to the third column of Appendix A arrest without a warrant if, on his demand, such person refuses to give his name and address or gives a name and address which he believes to be a false one; (m) any person failing to obey a direction the Governor issued under section 303. 27. Any police officer may require any person whom he has reasonable grounds for suspecting to have committed an offence of any kind to furnish him with his name and address, and he may require any such person to accompany him to the police station. 28. Any private person may arrest - (a) any person for whose arrest he has a warrant or whom he is directed to arrest by a justice of the peace under section 29 or by a justice of the peace or a superior police officer under section 30; (b) any person who has escaped from his lawful custody; (c) any person required to appear by a public summons published under section 67; (d) any person committing in his presence an offence for which the police are authorised to arrest without a warrant. 29. (1) Any justice of the peace may arrest or direct the arrest of any person committing any offence in his presence and shall thereupon hand him over to a police officer or take security for his attendance before a court at a specified time. (2) Notwithstanding the provisions of subsection (1), a justice of the peace shall not direct a superior police officer under this section. 30. (1) Any justice of the peace or superior police officer may at any time arrest or direct the arrest in his presence of any person for whose arrest a warrant might lawfully be issued. (2) A justice of the peace making an arrest under subsection (1) shall thereupon hand over the person arrested to a police officer or take security for his attendance before a court at a specified time. 31. If a person liable to arrest resists the endeavour to arrest him or attempts to evade the arrest, the person authorised to arrest him may use all means necessary to effect the arrest. 32. The person making an arrest may take from the person arrested any offensive weapon which he has about his person and shall deliver all weapon so taken to the court or officer before whom the person arrested is required by the warrant of arrest or by this Criminal Procedure Code to be produced. 33. Every person is bound to assist a justice of the peace, police officer or other person reasonably demanding his aid in arresting or preventing the escape of any person whom such justice of the peace, police officer or other person is authorised to arrest. 34. (1) If anyone who is authorised to arrest any person has reason to believe that such person has entered into or is within any place, he may entered such place and there search for the person to be arrested. (2) The person residing in or being in charge of such place shall on demand allow free ingress thereto and afford all reasonable facilities for search. (3) If on demand such ingress is refused, the person authorised to make the arrest may effect an entry by force. (4)The provisions of this section shall be subject to the provisions of section 79. 35. Any person authorised to effect the arrest of any other person may for the purpose of effecting the arrest pursue him into any part of Northern Nigeria. 36. Any police officer or other person authorised to make an arrest may break out of any place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein. 37. An arrested person shall not be subjected to more restraint than is necessary to prevent his escape. 38. Except when the person arrested is in the actual course of committing a crime, or is pursued immediately after committing a crime or escaping from lawful custody, the person making the arrest shall inform the person arrested of the cause of arrest B- Procedure after Arrest 39. (1) Any person, except a police officer or a justice of the peace, making an arrest without a warrant or an order of a justice of the peace shall without unnecessary delay take the person arrested to the nearest police station or hand him over to a police officer (2) If the arrested person appears to be one whom a police officer is authorised to arrest, the police officer shall re-arrest him; otherwise the arrested person shall be at once released. 40. A police officer making an arrest without warrant or a re-arrest under section 39 shall without unnecessary delay take or sent the person arrested before a court competent under chapter XV to take cognizance of the case or before the officer in charge of a police station. 41. Any person arrested for refusing to give his name and address or for giving a false name or address shall - (a) if he is found to have given his true name and address, be released; (b) when his true name and address are ascertained, be released on his executing a bound, with or without sureties, to appear before a court if and when required; (c) should his true name and address not be ascertained within twenty-four hours from the time of arrest or should he fail to execute the bond or, if so required, to furnish sufficient sureties, be forthwith brought before the nearest court competent under chapter XV to take cognizance of the case. 42. No police officer shall detain in custody a person arrested without warrant for a long period than in the circumstances of the case is reasonable; and such period shall not, in the absence of an order of a court under section 129, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the court and any intervening public holiday. 43. An officer in charge of a police station shall report as soon as reasonably possible to the appropriate native authority or local authority or superior police officer every case of arrest without warrant within his district. 44. (1) A police officer making an arrest or receiving an arrested person from a person by whom the arrest has been made may search the arrested person or cause him to be searched. (2) A police officer searching a person shall place in safe custody such articles, other than necessary wearing apparel, as he thinks fit, and shall make a list of the same, and shall permit the arrested person to retain all articles not so placed in safe custody. (3) When the arrested person is a woman, the search shall not be made except by a woman. 45. No person who has been arrested by a police officer or re-arrested under section 39 shall be discharged except on his own bond or on bail or under the special order of a court 46. A register of arrests shall be kept in the prescribed form at every police station and every arrest made within the local limits of the station shall be entered therein by the officer in charge of the police station so soon as the arrested person is brought to the station. CHAPTER V PROCESSES TO COMPEL APPEARANCE A - Summons 47. (1) A summons to appear or attend before a court may be issued by any court competent to inquire into an offence or by any justice of the peace. (2) Every summons so issued shall be in writing, in duplicate and signed or sealed by the court or justice of the peace 48. The summons shall be served by a police officer or by any officer of the court issuing it or other public servant who, under any law for the time being in force, may be authorised to serve summonses. 49. (1) The summons shall if practicable be served personally on the person summoned by delivering or tendering to him one of the duplicates of the summons. (2) The police served shall, if so required by the serving officer, sign or make his mark on a receipt therefore on the back of the other duplicate. 50. Service of a summons on an incorporated company or other body corporate may be effected by service on the secretary, local manager or other principal officer of the corporation at any office of the corporation in Northern Nigeria. 51. Service of a summons on a native authority shall be effected in accordance with the provisions of the Native Authority Law. 52. When the person summoned cannot by the exercise of due diligence be found, the summons may be served by leaving one of the duplicates for him with some adult male member of his family who shall, if so required by the serving officer, sign a receipt therefore on the back of the other duplicate, or by affixing one of the duplicates of the summons to some conspicuous part of the house or homestead in which the person summoned ordinarily resides. 53. Where the person on or with whom a summons is served or left is unable to sign his name or make his mark, the summons shall be served or left in the presence of a witness. 54. A summons required to be served outside the local limits of the jurisdiction of the court or justice of the peace issuing it shall ordinarily be sent in duplicate to a court within the local limits of whose jurisdiction the person summoned resides or is, to be there served. 55. An affidavit or declaration purporting to be made before a court by the serving officer or by a witness to the service that a summons has been served and a duplicate of the summons purporting to be endorsed, in manner provided by section 49 or section 52, by the person to whom it was delivered or tendered or with whom it was left shall be admissible in evidence and the statements made therein shall be deemed to be correct unless and until the contrary is proved. Warrant of Arrest 56. (1) Every warrant of arrest issued under this Criminal Procedure Code by a court or the justice of the peace, shall be in writing, signed, or sealed by the court or the justice of the peace. (2) Every such warrant shall remain in force until it is cancelled by the court or justice of the peace issuing it or until it is executed. 57. (1) A court or justice of the peace issuing a warrant for the arrest of any person shall have discretion to direct by endorsement on the warrant that, if such person executes a bond with sufficient to for his attendance before the court or justice of the peace at a specified time and thereafter until otherwise directed, the person to whom the warrant is directed shall, on receiving security, release such person from custody. (2) The endorsement referred to in subsection (1) shall state- (a) the number of sureties; (b) the amount in which the sureties and the person for whose arrest the warrant is issued are to be respectively bound; and (c) the time and place at which the person for whose arrest the warrant is issued is to attend. (3) Whenever security is taken under this section, the person to whom the warrant is directed shall forward the bond to the appropriate court. 58. (1) A warrant of arrest shall ordinarily be directed to one or more police officers or other public servants who may be authorised to make an arrest, but the court or justice of the peace issuing the warrant may, if its immediate execution is necessary and no police officer or other public servant so authorized is immediately available, direct it to any other person or persons. (2) When a warrant is directed to more persons than one, it may be executed by all or by any one or more of them. 59. A warrant of arrest directed to a police officer may also be executed by any other police officer whose name is endorsed upon the warrant by the police officer to whom it is directed or endorsed 60. The person executing a warrant of arrest shall notify the substance thereof to the person to be arrested and, if so required, shall show him the warrant. 61. A warrant of arrest may be executed notwithstanding that is not in the possession at the time of the person executing the warrant, but the warrant shall, on the demand of the person apprehended, be shown to him as soon as practicable after his arrest. 62. The person executing a warrant of arrest shall, subject to the provisions of section 57 as to security, without unnecessary delay, bring the person arrested before the court specified in the warrant. 63. A warrant of arrest may be executed at any place in Northern Nigeria 64. (1) When a warrant of arrest is to be executed outside the local limits of the jurisdiction of the court or justice of the peace issuing it, such court or justice of the peace may, instead of directing such warrant as laid down in section 58, forward it by post or otherwise to any court within the local limits of whose jurisdiction it is to be executed. (2) Such court shall endorse the warrant and, if practicable, cause It to be executed in manner hereinbefore provided within the local limits of its jurisdiction. 65. When a warrant of arrest is to be executed beyond the local limits of the jurisdiction of the court or justice of the peace issuing it, the person to whom it is directed shall take it for endorsement to a court within the local limits of whose jurisdiction the warrant is to be executed. 66. (1) When a warrant of arrest is executed outside the local limits of the jurisdiction of the court or justice of the peace issuing it the person arrested shall, unless security is taken under section 57, to be taken before a court within the local limits of whose jurisdiction the arrest was made and such court shall, if the person arrested appears to be the person intended by the court or justice of the peace issuing the warrant either - (a) take security for his appearance in accordance with the provisions of chapter XXIX or as directed by an endorsement of the warrant under section 57 and forward the bond or bonds to the court or justice of the peace issuing the warrant; or (b) direct his removal in custody to such court or justice of the peace. (2) Notwithstanding the provisions of subsection (1), the arrested person may be taken directly before the court or justice of the peace issuing the warrant if this course is more convenient havingregard to conditions of time, place and other circumstances. C- Public Summons and Attachment 67. (1) If a judge of the High Court has reason to believe, whether after taking evidence or not, that a person, against whom a warrant of arrest has been issued by himself or by any court or justice of the peace, has absconded or is concealing himself so that such warrant cannot be executed, such judge may publish a public summons in writing requiring that person to appear at a specified place and a specified time not less than thirty days from the date of publishing the public summons. (2) The public summons shall be published as follows - (a) it shall be publicly read in some conspicuous place in the town or village in which the person in respect of whom it is published ordinarily resides; (b) it shall be affixed to some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place in such town or village; and (c) a copy hereof shall be affixed to some conspicuous part of the High Court building. (3) A statement in writing by the judge of the High Court to the effect that the public summons was duly published on a specified day shall be conclusive evidence that the requirements of this section have been complied with and that the public summons was published on such day. 68. (1) A judge of the High Court may at any time after action has been taken under section 67 order the attachment of any property, movable or immovable or both, belonging to a person the subject of a public summons. (2) An order under subsection (1) shall authorize any public servant named in it to attach any property belonging to a person the subject of a public summons within the area of jurisdiction of the judge by seizure or in any other manner in which for the time being property may be attached by way of civil process. (3) If a person that subject of a public summons does not appear within the time specified in the public summons, the property under attachment shall be at the disposal of the High Court; but it shall not be sold until the expiration of three months from the date of the attachment unless it is subject to speedy and natural decay or the judge considers that the sale would be for the benefit of the owner, in either of which cases the judge may cause it to be sold whenever he thinks fit 69. If within one year from the date of the attachment, any person, whose property is or has been at the disposal of the High Court under section 68, appear voluntarily or being arrested is brought before the High Court and proves to its satisfaction that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant and that he had not such notice of the public summons as to enable him to attend within the time specified therein, that property, so far as it has not been sold, and the net proceeds of any part therefore which has been sold shall, after satisfying thereout all costs incurred in consequence of the attachment, be delivered to him. D- Other Rules regarding Process 70. (1) A court or justice of the peace empowered by this Criminal Procedure Code to issue a summons for the appearance of any person may, after recording reasons in writing, issue a warrant for his arrest in addition to or instead of the summons – (a) If, whether before or after the issue of such summons, the court or justice of the peace sees reason to believe that he has absconded or will not obey the summons; or (b) If at the time fixed for his appearance he fails to appear and the summons is proved to have been duly served in time to admit of his appearing and no reasonable excuse is offered for his failure to appear. (2) A court or justice of the peace empowered by this Criminal Procedure Code to issue a warrant for the arrest of any person may issue a summons in place of a warrant if it or he thinks fit. 71. When any person for whose appearance or arrest a summons or warrant may be issued is present before a court or justice of the peace, the court or justice of the peace may require him to execute a bond, with or without sureties for his appearance before a court. 72. The provisions contained in this chapter relating to -summonses and warrants and their issue, service and execution shall so far as may be apply to every summons and every warrant issued under this Criminal Procedure Code. CHAPTER VI MEANS TO SECURE THE PRODUCTION OR DISCOVERY OF DOCUMENT OR OTHER THINGS AND FOR THE DISCOVERY AND LIBERATION OF PERSONS UNLAWFULLY CONFINED A - Summons to Produce 73. When a court or justice of the peace considers that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry, trial or other proceeding under this Criminal Procedure Code by or before such court or justice of the peace, the court or justice of the peace may issue a summons to any person in whose possession or power the document or thing is believed to be, requiring him to attend and produce it or to cause it to be produced at the time and place stated in the summons or order. B - Searches and Orders for Production and Liberation of Persons 74. Where for any reason it appears to a court or justice of the peace that it is impossible or inadvisable to proceed under section 73 or that a search or inspection would further the purposes of any investigation, inquiry, or other proceeding under this Criminal Procedure Code, the court or justice of the peace may issue a search warrant, authorising the person to whom it is addressed to search or inspect the place or places mentioned in the warrant for any document or thing specified or for any purpose described in the warrant and to seize any such document or thing and to dispose of it in accordance with the terms of the warrant. 75. Where an investigation under this Criminal Procedure Code is being made by a police officer, he may apply to any court or justice of the peace within the local limits of whose jurisdiction he is for the issue of a search warrant under section 74. 76. (1) Where upon information and after such inquiry, if any, as it thinks necessary a court or justice of the peace has reason to believe that anyplace is used for the deposit or sale of stolen property or that there is kept or deposited in any place any property in respect of or by means of which an offence has been committed or which is intended to be used for any illegal purpose, the court or justice of the peace may issue a search warrant authorizing any police officer - (a) to search the place in accordance with the terms of the warrant and to seize any property appearing to be of any description above mentioned and to dispose of it in accordance with the terms of the warrant; and (b) to arrest any person found in the place and appearing to have been or to be a party to any offence committed or intended to be committed in connection with the property. (2) In this section and section 77 “offence" includes an offence against a law of the Federation or any Region which would be punishable in Northern Nigeria if it has been committed in Northern Nigeria. 77. (1) Where a court upon information and after such inquiry, if any, as it thinks necessary has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, it may issue a search warrant authorising the person to whom it is addressed to search for the confined person and to bring him before the court and upon the appearance of the confined person the court shall make such order as seems proper. (2) Upon complaint made on oath to a court of the abduction for any unlawful purpose or of the unlawful detention of any person the court may after such inquiry, if any, as it thinks necessary make an order for the production of that person or for the immediate restoration of that person to his liberty or if he is under fourteen years of age for his immediate restoration to his parent, guardian or other person having lawful charge of him and may compel compliance with an order made under this subsection using such force as may be necessary and upon the production of the person who is the subject of the order the court shall make such order as seems proper. 78. (1) Searches under part B of this chapter shall, unless the court or justice of the peace owing to the nature of the case otherwise directs, be made whenever possible in the presence of the person carrying out the search and shall be signed or sealed by the witnesses. 79. If any place to be search is an apartment in the actual occupancy of a woman, not being the person to be arrested, who, according to custom, does not appear in public, the person making the search shall, before entering the apartment, give notice to such woman that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then enter the apartment. 80. The occupant of any place searched or some person on his behalf shall be permitted to be present at the search and shall, it he so requires, receive a copy of the list of things seized therein signed or sealed by the witnesses referred to in section 78. 81. (1) Where any person in or about a place which is being searched is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched. (2) A list of all things found on his person and seized shall be prepared and witnessed in manner mentioned in section 78 and a witnessed copy of the list shall be delivered to the person searched, if he so requires. 82. Whenever it is necessary to cause a woman to be searched the search shall be made by another woman, with strict regard to decency. 83. Every person executing a search warrant beyond the local limits of the jurisdiction of the court or justice of the peace issuing it shall before doing so apply to some court within the local limits of whose jurisdiction search is to be made and shall act under it directions. 84. The provisions of section 34 as to ingress and all other provision hereinbefore contained as to warrants of arrest shall, so far as applicable, apply to search warrants. 85. Any justice of the peace 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. 86. Any court may, if it thinks fit, impound any document or thing produced before it under this Criminal Procedure Code. PART IV THE PREVENTION OF CRIME CHAPTER VII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR A - Security for keeping the Peace and for Good Behaviour on Conviction 87. Whenever any person is convicted by a court of any offence involving or likely to cause a disturbance of the public peace or a breach of the peace and the court is of opinion that it is expedient to require that person to execute a bond for keeping the peace and being of good behaviour, it may at the time of passing sentence on such person order him to execute a bond for a sum proportionate to his means and with or without sureties for keeping the peace and being of good behaviour for any period not exceeding three years in the case of the High court and not exceeding two years in the case of any other court. B - Security for Keeping the Peace and for Good Behaviour in Other Cases 88. (1) Whenever a court or justice of the peace is informed that any person is likely to commit a breach of the peace or to disturb the public peace or to do any illegal act which may probably cause a breach of the peace or disturb the public peace, the court or justice of the peace may issue a summons requiring that person to attend before a court to execute a bond with or without sureties for keeping the peace or refraining from illegal acts likely to disturb the public peace for any period not exceeding one year or to show cause why he should not execute such bond. (2) Proceedings shall not be taken under this section unless - (a) the person informed against is in Northern Nigeria; and (b) either - (i) the person informed against is within the area of jurisdiction of the court before which he is required to attend; or (ii) the place where the breach of the peace or disturbance is apprehended is within the area of jurisdiction of the court before which the person informed against is required to attend. 89. Whenever a court receives information that any person within the local limits of its jurisdiction - (a) habitually commits any offence punishable under sections 273 to 281 of the Penal Code; or (b) is by habit a robber, house breaker or thief; or (c) is by habit a receiver of stolen property knowing the same to have been stolen; or (d) habitually protects or harbours thieves or aids in the concealment or disposal of stolen property; or (e) habitually commits mischief, extortion or cheating or the counterfeiting of coin, notes or revenue stamps or attempts so to do; or. (f) habitually commits or attempts to commit or abets the commission of offences involving a breach of the peace; or (g) is to desperate and dangerous as to render his being at large without security hazardous to the community, such court may issue a summons requiring that person to attend before the court to execute a bond with sureties for his good behaviour for any period not exceeding two years or to show cause why he should not execute such bond. 90. Whenever it appear to a justice of the peace or court acting under section 88 or section 89, as the case may be, upon the report of a police officer or upon other information that there is reason to fear the commission of a breach of the peace or disturbance of the public peace and that such breach of the peace or disturbance of the public peace cannot be prevented otherwise than by the immediate arrest of any person, such justice of the peace or court shall record the substance of the report or information and may at any time issue a warrant for the arrest of such person and for his production before the court. 91. A justice of the peace or court when issuing a summons or warrant under section 88, 89, or 90 as the case may be, shall therein set 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, character and class of sureties, if any, required. 92. (1) When any person has appeared or is brought before the court in compliance with a summons or warrant under section 88, 89 or 90, the court 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) An inquiry under subsection (1) shall be made as far as practicable in the manner hereinafter laid down for conducting trials and recording evidence in summary trials by magistrates except that- (a) no charge need be framed nor shall any witness be recalled for cross - examination except with the permission of the court; and (b) the court may refused to release on bail any person arrested under section 90 unless he executes a bond of the nature specified in the warrant of arrest but limited in time to the conclusion of the inquiry. (3) 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. 93. (1) If on inquiry under section 92 it is proved that it is necessary for keeping the peace or preserving the public 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 with or without sureties the court shall make an order accordingly. (2) Notwithstanding the provisions of subsection (1) - (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 any specified in the summons or warrants issued under section 88, 89 or 90; (b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is under eighteen years of age, the bond shall be executed only by his sureties. 94. If on inquiry under section 92 it is not proved that it is necessary for keeping the peace or preserving the public 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 court shall make an entry on the record to that effect and if such person is in custody only for the purpose of the inquiry shall release him or if he is not in custody shall discharge him. C. - Proceedings in all Cases subsequent to Order to Furnish Security 95. (1) If any person in respect of whom an order requiring security is made under section 87 or section 93 is at the time the order is made subject to a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases the period for which security is required shall commence on the date of the order unless the court for sufficient reason fixes a later date. 96. The bond to be executed by any person in respect of whom an order requiring security is made under section 87 or section 93 shall bind him to keep the peace or to refrain from illegal acts likely to disturb the public peace or to be of good behaviour, as the case may be, and in the last case the commission or attempt to commit or the abetment of an offence punishable with imprisonment wherever it may be committed, is a breach of the bond. 97. If any person ordered to give security under section 87 or section 93 does not give the security on or before the date of the commencement of the period for which the security is to be given, he shall 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 security ordered. 98. (1) The court may refuse to accept any surety offered or may reject any surety previously accepted on the ground that the surety is an unfit person for the purposes of the bond. (2) Before so refusing to accept or before rejecting any such surety the court shall hold an inquiry into his fitness and the court shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was order offered and shall in making the inquiry record the substance of the evidence adduced, before it. (3) If the court is satisfied after considering the evidence adduced before it that the surety is an unfit person for the purpose of the bond, it shall make an order refusing to accept or rejecting, as the case may be such surety and record its reasons for so doing. 99. (1) Whenever a judge of the High Court is of opinion that any person imprisoned for falling to give security under this chapter may be released without hazard to the public or to any person, he may order the person imprisoned to be discharged. (2) Whenever any person has been imprisoned for failure to give security under this chapter, a judge of the High Court 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 subsection (1) may direct the discharge of the person imprisoned either without conditions or upon any conditions which that person accepts. (4) If any condition upon which any person imprisoned for failing to give security under this chapter is discharged is in the opinion of a judge of the High Court not fulfilled he may cancel the order of discharge and thereupon such person shall be re-committed to prison until the expiry of the period for which he was originally ordered to give security, unless before that time he gives such security. 100. A judge of the High Court may at any time cancel any bond for keeping the peace or refraining from illegal acts likely to disturb the public peace or for good behaviour executed under this chapter. CHAPTER VIII UNLAWFUL ASSEMBLIES AND RIOTS. 101. Any justice of the peace or police officer of or above the rank of assistant superintendent or any commissioned officer of the armed forces of the federation 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 dispense accordingly. 102. If, upon being commanded in accordance with the provisions of section 101, any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of the public peace does not disperse or it, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, or if force, or violence is used by it or by any member thereof in prosecution of the common object of such assembly, any justice of the peace or police officer of or above the rank of assistant superintendent or any commissioned officer of the armed forces of the Federation may proceed to disperse such assembly by force and may require the assistance of any person for the purpose of dispersing, such assembly and, if necessary, arresting and confining the persons with form part of it, in order to disperse such assembly or that they may be punished according to law and any such person whose assistance is so required shall be bound to render such assistance. 103. (1) No prosecution against any person for any act purporting to be done under this chapter shall be instituted in any criminal court except with the sanction of the Attorney-General. (2) No justice of the peace, police officer or commissioned officer of the armed forces of the Federation acting under this chapter in good faith shall be deemed to have hereby committed an offence. (3) No act lawfully done under this chapter shall be called in question in any civil proceedings. CHAPTER IX PUBLIC NUISANCES 104. (1) Whenever a court considers on receiving a police report or other information and on taking such evidence, If any, as it thinks fit that an offence under sections 191, 192, 194, 196 and 197 of the Penal Code is being committed, such court may make a conditional order requiring the offender within a time fixed in the order to cease committing such offence and to amend or remove the causes thereof in such manner as in the order specified or to appear before the court at a time and place to be fixed by the order and apply to have the order set aside or modified in manner hereinafter provided. (2) No order duly made by a court under this section shall be called in question in any civil proceedings. 105. (1) An order made under section 104 shall if practicable be served on the person against whom it is made in manner provided for the service of a summons. (2) If an order referred to in subsection (1) cannot be served in the manner laid down in that subsection it may be served by registered letter through the post addressed to the person against whom it is made at this last known address or, if his last address is not known, then by affixing a notice thereof in some conspicuous place in the town or village in or near which the nuisance or offence is being committed. 106. A person against whom an order under section 104 is made shall- (a) perform within the time and in the manner specified in the order the act directed thereby; or (b) appear in accordance with the order and apply to have the same set aside or modified. 107. If a person against whom an order under section 104 is made does not perform the act specified in the order or appear and apply to have the order set aside or modified he shall be liable to the penalty prescribed in that behalf in section 152 of the Penal Code, and the order shall be made absolute. 108. (1) If a person against whom an order under section 104 is made appears and applies to have the order set aside or modified the court shall take evidence in the matter in the same manner as in a summary trial. (2) If the court is satisfied that the order with or without modification is reasonable and proper the court shall make it absolute with such modification, if any, as the court shall think fit. (3) If the court is not so satisfied It shall cancel the order. 109. (1) If the act directed by an order under section 104 which is made absolute under section 107 or subsection (2) of section 108 is not performed within the time fixed and in the manner specified therein, the court may cause it to be performed and may recover the cost of performing it either by the sale of any building, goods or other property removed by its order or by seizure and sale of any other movable property of the person against whom the order under section 104 was made in manner hereinafter prescribed for the recovery of a time. (2) No suit shall lie in respect of anything done in good faith under this section. 110. (1) If the court making an order under section 104 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind 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 the person referred to in subsection (1) forthwith obeying the further order referred to in that subsection or if notice thereof cannot be the exercise of due diligence be served upon him immediately, the court may use or cause to be used such means as it thinks fit to obviate the danger or to prevent the injury. (3) No suit shall lie is respect of anything done in good faith under subsection (2). 111. Any court may in any proceedings under this chapter or in any criminal proceedings in respect of a public nuisance order any person not to repeat or continue the public nuisance. CHAPTER X PREVENTIVE ACTION BY POLICE AND PUBLIC 112. Every police officer, sub-area head or other public servant charged with responsibility for maintaining law and order may intervene for the purpose of preventing and shall to the best of his ability prevent the commission of any offence, for which he is authorised to arrest without a warrant, or any damage to any public property movable or immovable. 113. Every person shall be bound to assist a justice of the peace, police officer, sub-area head or other public servant charged with responsibility for maintaining law and order reasonably demanding his aid in the suppression of a breach of the peace or in the prevention of any damage to any public property movable or immovable or to any railway, canal, water supply, telegraph, telephone or electrical installation, or in the prevention of the removal of any public land mark or buoy or other mark used for navigation. CHAPTER XI DUTY OF PUBLIC AND OF SUB-AREA HEADS TO GIVE INFORMATION 114. Every person - (a) who has reason to believe that any other person has committed suicide or has been killed by another or by an accident of any kind whatsoever or that a dead body has been found or (b) who is aware of the commission of or of the intention of any other person to commit any offence punishable under section 221, 224, 248(2), 250, 274, 278, 290, 298, 300, 301, 302, 305, 306, 307, 336, 337, 350, 351, 356 or 357 of the Penal Code. shall in the absence of reasonable excuse, the burden of proving which shall lie upon the person making such excuse, forthwith give information to the nearest native authority, court or police officer of such death, dead body, commission or intention. 115. Every sub-area head not being a person competent under chapter XV to take cognizance of an offence shall forthwith communicate to the nearest court so competent or to the native authority, which shall then inform the appropriate police officer, or to the nearest police officer any information which he may possess or obtain respecting - (a) the permanent or temporary residence of any notorious receiver or vendor of stolen property; or (b) the resort to or passage through his village ward or district of any person whom he knows or reasonably suspects to be a murderer, robber, escaped convict or person required to appear by a summons published under section 67; or (c) the occurrence within his village, ward or district of the death of any person or the disappearance from his village, ward or district of any person in circumstances which lead to a reasonable suspicion that the death or disappearance is the result of an offence committed in respect of such person or (d) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the Provincial Commissioner or native authority has directed him to report. 116. (1) A sub-area head to whom information has been given under paragraph (c) of section 115 or who suspects the existence of such facts as are set out in that paragraph shall after forwarding the information either to the native authority which shall then inform the appropriate police officer, or in any or in any other manner prescribed in that section, proceed to the place where the body of the deceased is and shall there in the presence of two or more persons who he shall summon for the purpose, and who also shall be bound to attend, make an investigation and draw up report of the apparent cause of death describing such wounds, fractures and other marks of injuries as may be found on the body and stating in what manner or by what weapon or instrument those marks appear to have been inflicted and such other information relating to the death as he can discover. (2) Notwithstanding the provisions of subsection (1), when the police officer to whom information has been given under paragraph (c) of section 115 undertakes the investigation the sub-area head on being so notified shall cease further to investigate the same as directed by the police officer. (3) Where practicable the person making an investigation under subsections (1) and (2) shall be accompanied by a medical officer or dispensary attendant. (4) Where there is any doubt regarding the cause of death or where for any other reason the person making the investigation considers it expedient and practicable to do so or where the medical officer or dispensary attendant attending such investigation so directs, the body shall be brought to the nearest hospital or to some other convenient place for further examination. (5) Except in case of necessity the burial shall not take place until leave has been obtained from a justice of the peace. (6) The person making the investigation under this section shall have the powers and duties of a police officer under sections 123 and 124. (7) On completion of the investigation the sub-area head shall forward his report and the record, if any, of his investigation to the native authority which shall then inform the appropriate police officer. (8) Nothing in this section shall operate to relieve any police officer from any obligation or duty conferred upon him under chapter XII to undertake and carry out any investigation. PART V INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XII A - Procedure in Cases where the Police may Arrest without a Warrant. 117. (1) When information is given to the officer in charge of a police station concerning the commission of an offence for which according to the third column of Appendix A the police are authorised to arrest without a warrant and which under the provisions of chapter XII may be tried by a court within the local limits of whose jurisdiction the police station is situated he shall if it is given orally reduce the information or cause it to be reduced to writing in the prescribed form called the First Information Report and shall read it or cause it to be read over to the informant; and every such information whether given in writing or reduced to writing as aforesaid shall be signed or sealed by the person giving it if he is able so to do and such officer shall enter or cause to be entered the information in a book to be kept in the form prescribed by the Commissioner of Police for Northern Nigeria: Provided that if the officer is satisfied that no public interest will be served by a prosecution he may refuse to accept the information and notify in writing the informant of his right to complain to a court under section 143. (2) When on any other grounds the officer in charge of a police station has reason to suspect the commission of an offence referred to in subsection (1) he shall enter or cause to be entered the grounds of his suspicion in a first information Report and the substance thereof in the book referred to in that subsection. (3) Notwithstanding the provisions of subsection (1), the officer in charge of a police station may, if in his view the matter might more conveniently be inquired into by an officer in charge of another police station, transfer the information or refer the information to such other police station. 118. (1) After complying with the provisions of section 117 the officer in charge of a police station shall act as follows - (a) he shall send to the appropriate court in the manner set out in section 119 the first Information Report; (b) (i) he shall forthwith proceed to the sport and investigate the case and if the offender is not already in custody take such steps as may be necessary for his discovery and arrest, or he may depute a police officer subordinate to him to do so and to report to him; (c) if the information is given against a person by name and the alleged offence is not of a serious character the officer in charge of a police station need not make or direct the investigation on the spot; and (d) if it appears to the officer in charge of a police station that the is not sufficient ground or reason for entering upon the investigation he need not investigate the case. (2) In the case mentioned in paragraph (c) and (d) of subsection (I) the officer in charge of a police station shall record in the book referred to in section 117 and in his first Information Report to the court his reasons for not entering on an investigation or for not making or directing the investigation on the sport or not investigating the case. 119. (1) Every first Information Report sent to a court shall be submitted through such officer of police, if any, as the Commissioner of Police for Northern Nigeria shall direct. (2) An officer through whom a First information Report is submitted under the provisions of subsection (1) may give such instructions as he thinks fit to the officer submitting the report and shall after recording such instructions, if any, on the first Information Report pass the same to the court without delay. 120. (1) After receiving the First Information Report the court may - (a) direct that the police shall proceed with the investigation; or (b) if it thinks fit proceed to hold an inquiry unto or otherwise deal with the case as provided in chapter XV. (2) In the event of the court electing to proceed in accordance with paragraph (b) of subsection (1) it shall forthwith inform the officer in charge of the police station of its intention so to do and thereupon the police shall act according to the direction of the court. 121. (1) Every officer in charge of a police station conducting an investigation under section 118, or any police officer deputed by the officer in charge of a police station to conduct such investigation, shall keep a case diary in which he shall set forth in chronological order - (a) the time when he began his investigation; (b) any information received by him in connection with the investigation; (c) the time when such information reached him; (d) the places visited by him; (e) any action required to be taken or directions given by a court in the course of the police investigations or the inquiry by the court, and any facts ascertained as a result thereof; (f) any report made by any police officer acting on his instructions; (g) the statement of any witness, if reduced to writing; (h) a statement of the circumstances ascertained through his investigation; (i) the time when he dosed the investigation. (2) The First Information Report or a copy thereof shall in all cases be attached to and form part of the case diary. 122. (1) Save in so ar as expressly permitted in this Criminal Procedure Code a case diary shall not be admissible as evidence against any accused person in any inquiry or trial, but - (a) a court may if it shall think fit order the production of the case diary for its inspection under the provisions of section 144; (b) the Attorney-General may at any time order the submission of the case diary to himself; (c) any relevant part of the case diary may be used by a police officer who made the same to refresh his memory if called as a witness. (2) Save to the extent to which the case diary is used for the purposes set out in paragraph (c) of subsection (1) the accused or his agent shall not be entitled to call for or inspect such case diary or any part thereof. 123. (1) A police officer making an investigation under section 118 may require the attendance before him, of any person being within the limits of his own police district, whose evidence appears likely to be of assistance in the case, and may examine such person orally. (2) A person referred to in subsection (1) shall be bound to attend and to answer the questions put to him except that he shall be warned that he is not bound to answer if his answer would tend to expose him to a criminal charge or to a penalty other than a charge of failing to give information under chapter XI. (3) No person giving evidence in an investigation under section 118 shall be required to take an oath. 124. (1) No police officer or person in authority shall make use of any threat or of any promise of an advantage towards any person in an investigation under this chapter in order to influence the evidence he may give. (2) No police officer or other person shall prevent any person from making in the course of the investigation any statement in accordance with any rules made under section 373 which of his own free will he may be disposed to make. 125. (1) If any person in the course of an investigation under section 118 or at any time after the dose of the investigation but before the commencement of any inquiry or trial confesses to the commission of an offence in connection with the subject matter of the investigation he may be taken before a justice of the peace, when available, for his statement to be recorded by such justice of the peace and thereafter placed in the case diary. (2) When a justice of the peace records such confession he shall do so in detail in his own handwriting in the presence of the person making the confession and after reading over to him such record the justice of the peace shall sign it. (3) No justice of the peace shall record any such confession unless after questioning the person making it he is satisfied that it is made voluntarily. (4) No oath shall be administered to any person making such confession. (5) The record of such confession in the case diary if made by a justice of the peace in accordance with this section shall be admissible as evidence against the person who made the confession and if it so admitted shall be read out in court and it shall not be necessary to call as a witness the justice of the peace who recorded it: Provided that the court trying the case may if the court thinks fit either on application of the accused or of its own motion call the justice of the peace who recorded the confession as a witness to the contents and to prove the circumstances in which it was recorded. 126. (1) If any person in the course of an investigation under section 118 or at any time after the close of the investigation but before the commencement of any inquiry or trial confesses to the commission of an offence in connection with the subject matter of the investigation, a police officer may, instead of taking the person before a justice of the peace, record such confession in the case diary in his own hand writing in the presence of the person making the confession and after reading over to that person such record shall require him to sign or seal it and the police officer shall also sign it. (2) No police officer shall record any such confession unless after questioning the person making it he is satisfied that it is made voluntarily. (3) No oath shall be administered to any person making such confession. (4) Subject to the provisions of the Evidence Law and of any rules made under paragraph (f) of subjection (1) of section 373 of this Code, the record of a confession in the case diary if made by a police officer in accordance with this section shall be admissible as evidence against the person who made the confession and if so admitted shall be read out in court. 127. (1) A person under arrest upon reasonable suspicion of having been concerned in an offence punishable with imprisonment may be required by any justice of the peace or police officer to submit to a medical examination by a medical officer or if no medical officer is available by a dispensary attendant. (2) Such a medical examination shall only be required if it is so desirable in the interests of justice. 128. (1) A court holding a trial or inquiry or a police officer conducting an investigation may cause the fingerprints, photograph or measurements of any person to be taken if satisfied that it is desirable in furtherance of the purposes of the trial, inquiry or investigation. (2) All fingerprints, photographs or records of measurement taken under this section may be kept for six months but if not already destroyed shall then be destroyed unless the person in respect of whom they were taken has been convicted of an offence. (3) Notwithstanding the provisions of subsection (2), when a person who has not previously been convicted of an offence is discharged by the court or acquitted upon his trial or is not charged, all fingerprints, photographs and records of measurement taken under this section shall forthwith be destroyed. 129. (1) Whenever it appears that an investigation under section 118 cannot be completed within twenty-four hours of the arrival of the accused or suspected person at the police station, the officer in charge of the police station shall release or discharge him under section 340, or send him as soon as practicable to the nearest court competent under chapter XV to take cognizance of the offence. (2) The court may from time to time, on the application of the officer in charge of a police station, authorise the detention of the person under arrest in such custody as it thinks fit for a time not exceeding fifteen days, and shall record its reasons for so doing. (3) If the court refuses to authorise detention of the accused under arrest it shall make an order of discharge under section 45. (4) If the police investigation is not completed within fifteen days and the court considers it advisable that the accused should be detained in custody pending further investigation it shall remand the accused as provided in section 255. 130. (1) If in the course of an investigation under section 118 it appears to the officer in charge of a police station by or under whom an investigation is being made that such investigation should be terminated without an inquiry or trial, he shall, after entering in the case diary a summary of the case and his reasons for terminating the investigation, close the case diary and terminate the investigation: Provided that nothing in this subsection shall prevent the officer in charge of a police station from re- opening the case diary and continuing the investigation if further information is given to him concerning the commission of the offence. (2) When an investigation has been terminated or re-opened under the provisions of this section, the officer in charge of a police station shall forthwith inform the court and the court shall there-upon endorse upon the First Information Report the fact of such termination or re-opening and the reasons therefore: Provided that the court may, if it is not satisfied from the information given that the investigation has been properly terminated, order that the investigation be continued and the case diary be re-opened; and if the court shall think fit it may send a copy of the First Information Report endorsed as aforesaid together with the reasons stated by the officer in charge of a police station to the Attorney-General with any comments that it may think fit to make. (3) When any person has been taken into custody in the course of an investigation and such investigation has been terminated under the provisions of subsection (1) and (2) the officer in charge of a police station shall on such termination forthwith release him, or, he has been remanded in custody by the court, shall cause an application to

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