The Code of Criminal Procedure, 1973 PDF
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This document is an arrangement of sections from the Code of Criminal Procedure, 1973. It details various aspects of criminal procedure in India, including the constitution of criminal courts and offices, powers of courts, arrests, processes to compel appearances, and maintenance of public order. It's clearly important legal text.
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THE CODE OF CRIMINAL PROCEDURE, 1973 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I...
THE CODE OF CRIMINAL PROCEDURE, 1973 ________ ARRANGEMENT OF SECTIONS ________ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. 3. Construction of references. 4. Trial of offences under the Indian Penal Code and other laws. 5. Saving. CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts. 7. Territorial divisions. 8. Metropolitan areas. 9. Court of Session. 10. Subordination of Assistant Sessions Judges. 11. Courts of Judicial Magistrates. 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc. 13. Special Judicial Magistrates. 14. Local jurisdiction of Judicial Magistrates. 15. Subordination of Judicial Magistrates. 16. Courts of Metropolitan Magistrates. 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate. 18. Special Metropolitan Magistrates. 19. Subordination of Metropolitan Magistrates. 20. Executive Magistrates. 21. Special Executive Magistrates. 22. Local Jurisdiction of Executive Magistrates. 23. Subordination of Executive Magistrates. 24. Public Prosecutors. 25. Assistant Public Prosecutors. 25A. Directorate of Prosecution. CHAPTER III POWER OF COURTS 26. Courts by which offences are triable. 27. Jurisdiction in the case of juveniles. 1 SECTIONS 28. Sentences which High Courts and Sessions Judges may pass. 29. Sentences which Magistrates may pass. 30. Sentence of imprisonment in default of fine. 31. Sentence in cases of conviction of several offences at one trial. 32. Mode of conferring powers. 33. Powers of officers appointed. 34. Withdrawal of powers. 35. Powers of Judges and Magistrates exercisable by their successors-in-office. CHAPTER IV A.–POWERS OF SUPERIOR OFFICERS OF POLICE 36. Powers of superior officers of police. B.–AID TO THE MAGISTRATES AND THE POLICE 37. Public when to assist Magistrates and police. 38. Aid to person, other than police officer, executing warrant. 39. Public to give information of certain offences. 40. Duty of officers employed, in connection with the affairs of a village to make certain report. CHAPTER V ARREST OF PERSONS 41. When police may arrest without warrant. 41A. Notice of appearance before police officer. 41B. Procedure of arrest and duties of officer making arrest. 41C. Control room at districts. 41D. Right of arrested person to meet an advocate of his choice during interrogation. 42. Arrest on refusal to give name and residence. 43. Arrest by private person and procedure on such arrest. 44. Arrest by Magistrate. 45. Protection of members of the Armed Forces from arrest. 46. Arrest how made. 47. Search of place entered by person sought to be arrested. 48. Pursuit of offenders into other jurisdictions. 49. No unnecessary restraint. 50. Person arrested to be informed of grounds of arrest and of right to bail. 50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person. 51. Search of arrested person. 2 SECTIONS 52. Power to seize offensive weapons. 53. Examination of accused by medical practitioner at the request of police officer. 53A. Examination of person accused of rape by medical practitioner. 54. Examination of arrested person by medical officer. 54A. Identification of person arrested. 55. Procedure when police officer deputes subordinate to arrest without warrant. 55A. Health and safety of arrested person. 56. Person arrested to be taken before Magistrate or officer in charge of police station. 57. Person arrested not to be detained more than twenty-four hours. 58. Police to report apprehensions. 59. Discharge of person apprehended. 60. Power, on escape, to pursue and retake. 60A. Arrest to be made strictly according to the Code. CHAPTER VI PROCESSES TO COMPEL APPEARANCE A.–Summons 61. Form of summons. 62. Summons how served. 63. Service of summons on corporate bodies and societies. 64. Service when persons summoned cannot be found. 65. Procedure when service cannot be effected as before provided. 66. Service on Government servant. 67. Service of summons outside local limits. 68. Proof of service in such cases and when serving officer not present. 69. Service of summons on witness by post. B.–Warrant of arrest 70. Form of warrant of arrest and duration. 71. Power to direct security to be taken. 72. Warrants to whom directed. 73. Warrant may be directed to any person. 74. Warrant directed to police officer. 75. Notification of substance of warrant. 76. Person arrested to be brought before Court without delay. 77. Where warrant may be executed. 78. Warrant forwarded for execution outside jurisdiction. 79. Warrant directed to police officer for execution outside jurisdiction. 80. Procedure on arrest of person against whom warrant issued. 3 SECTIONS 81. Procedure by Magistrate before whom such person arrested is brought. C.–Proclamation and attachment 82. Proclamation for person absconding. 83. Attachment of property of person absconding. 84. Claims and objections to attachment. 85. Release, sale and restoration of attached property. 86. Appeal from order rejecting application for restoration of attached property. D.–Other rules regarding processes 87. Issue of warrant in lieu of, or in addition to, summons. 88. Power to take bond for appearance. 89. Arrest on breach of bond for appearance. 90. Provisions of this Chapter generally applicable to summonses and warrants of arrest. CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS A.–Summons to produce 91. Summons to produce document or other thing. 92. Procedure as to letters and telegrams. B.–Search-warrants 93. When search-warrant may be issued. 94. Search of place suspected to contain stolen property, forged documents, etc. 95. Power to declare certain publications forfeited and to issue search-warrants for the same. 96. Application to High Court to set aside declaration of forfeiture. 97. Search for persons wrongfully confined. 98. Power to compel restoration of abducted females. C.–General provisions relating to searches 99. Direction, etc., of search-warrants. 100. Persons in charge of closed place to allow search. 101. Disposal of things found in search beyond jurisdiction. D.–Miscellaneous 102. Power of police officer to seize certain property. 103. Magistrate may direct search in his presence. 104. Power to impound document, etc., produced. 105. Reciprocal arrangements regarding processes. CHAPTER VIIA RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY 105A. Definitions. 105B. Assistance in securing transfer of persons. 4 SECTIONS 105C. Assistance in relation to orders of attachment or forfeiture of property. 105D. Identifying unlawfully acquired property. 105E. Seizure or attachment of property. 105F. Management of properties seized or forfeited under this Chapter. 105G. Notice of forfeiture of property. 105H. Forfeiture of property in certain cases. 105-I. Fine in lieu of forfeiture. 105J. Certain transfers to be null and void. 105K. Procedure in respect of letter of request. 105L. Application of this Chapter. CHAPTER VIII SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 106. Security for keeping the peace on conviction. 107. Security for keeping the peace in other cases. 108. Security for good behaviour from persons disseminating seditious matters. 109. Security for good behaviour from suspected persons. 110. Security for good behaviour from habitual offenders. 111. Order to be made. 112. Procedure in respect of person present in Court. 113. Summons or warrant in case of person not so present. 114. Copy of order to accompany summons or warrant. 115. Power to dispense with personal attendance. 116. Inquiry as to truth of information. 117. Order to give security. 118. Discharge of person informed against. 119. Commencement of period for which security is required. 120. Contents of bond. 121. Power to reject sureties. 122. Imprisonment in default of security. 123. Power to release persons imprisoned for failing to give security. 124. Security for unexpired period of bond. CHAPTER IX ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 125. Order for maintenance of wives, children and parents. 126. Procedure. 127. Alteration in allowance. 128. Enforcement of order of maintenance. 5 CHAPTER X MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY A.–Unlawful assemblies SECTIONS 129. Dispersal of assembly by use of civil force. 130. Use of armed forces to disperse assembly. 131. Power of certain armed force officers to disperse assembly. 132. Protection against prosecution for acts done under preceding sections. B.–Public nuisances 133. Conditional order for removal of nuisance. 134. Service or notification of order. 135. Person to whom order is addressed to obey or show cause. 136. Consequences of his failing to do so. 137. Procedure where existence of public right is denied. 138. Procedure where he appears to show cause. 139. Power of Magistrate to direct local investigation and examination of an expert. 140. Power of Magistrate to furnish written instructions, etc. 141. Procedure on order being made absolute and consequences of disobedience. 142. Injunction pending inquiry. 143. Magistrate may prohibit repetition or continuance of public nuisance. C.–Urgent cases of nuisance or apprehended danger 144. Power to issue order in urgent cases of nuisance or apprehended danger. 144A.Power to prohibit carrying arms in procession or mass drill or mass training with arms. D.–Disputes as to immovable property 145. Procedure where dispute concerning land or water is likely to cause breach of peace. 146. Power to attach subject of dispute and to appoint receiver. 147. Dispute concerning right of use of land or water. 148. Local inquiry. CHAPTER XI PREVENTIVE ACTION OF THE POLICE 149. Police to prevent cognizable offences. 150. Information of design to commit cognizable offences. 151. Arrest to prevent the commission of cognizable offences. 152. Prevention of injury to public property. 153. Inspection of weights and measures. CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 154. Information in cognizable cases. 155. Information as to non-cognizable cases and investigation of such cases. 6 SECTIONS 156. Police officer’s power to investigate cognizable case. 157. Procedure for investigation. 158. Report how submitted. 159. Power to hold investigation or preliminary inquiry. 160. Police officer’s power to require attendance of witnesses. 161. Examination of witnesses by police. 162. Statements to police not to be signed: Use of statements in evidence. 163. No inducement to be offered. 164. Recording of confessions and statements. 164A. Medical examination of the victim of rape. 165. Search by police officer. 166. When officer in charge of police station may require another to issue search-warrant. 166A. Letter of request to competent authority for investigation in a country or place outside India. 166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India. 167. Procedure when investigation cannot be completed in twenty-four hours. 168. Report of investigation by subordinate police officer. 169. Release of accused when evidence deficient. 170. Cases to be sent to Magistrate, when evidence is sufficient. 171. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint. 172. Diary of proceedings in investigation. 173. Report of police officer on completion of investigation. 174. Police to enquire and report on suicide, etc. 175. Power to summon persons. 176. Inquiry by Magistrate into cause of death. CHAPTER XIII JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 177. Ordinary place of inquiry and trial. 178. Place of inquiry or trial. 179. Offence triable where act is done or consequence ensues. 180. Place of trial where act is an offence by reason of relation to other offence. 181. Place of trial in case of certain offences. 182. Offences committed by letters, etc. 183. Offence committed on journey or voyage. 184. Place of trial for offences triable together. 185. Power to order cases to be tried in different sessions divisions. 186. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 187. Power to issue summons or warrant for offence committed beyond local jurisdiction. 7 SECTIONS 188. Offence committed outside India. 189. Receipt of evidence relating to offences committed outside India. CHAPTER XIV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 190. Cognizance of offences by Magistrates. 191. Transfer on application of the accused. 192. Making over of cases to Magistrates. 193. Cognizance of offences by Courts of Session. 194. Additional and Assistant Sessions Judges to try cases made over to them. 195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence. 195A. Procedure for witnesses in case of threatening, etc. 196. Prosecution for offences against the State and for criminal conspiracy to commit such offence. 197. Prosecution of Judges and public servants. 198. Prosecution for offences against marriage. 198A. Prosecution of offences under section 498A of the Indian Penal Code. 198B. Cognizance of offence. 199. Prosecution for defamation. CHAPTER XV COMPLAINTS TO MAGISTRATES 200. Examination of complainant. 201. Procedure by Magistrate not competent to take cognizance of the case. 202. Postponement of issue of process. 203. Dismissal of complaint. CHAPTER XVI COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 204. Issue of process. 205. Magistrate may dispense with personal attendance of accused. 206. Special summons in cases of petty offence. 207. Supply to the accused of copy of police report and other documents. 208. Supply of copies of statements and documents to accused in other cases triable by Court of Session. 209. Commitment of case to Court of Session when offence is triable exclusively by it. 210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence. CHAPTER XVII THE CHARGE A.–Form of charges 211. Contents of charge. 212. Particulars as to time, place and person. 8 SECTIONS 213. When manner of committing offence must be stated. 214. Words in charge taken in sense of law under which offence is punishable. 215. Effect of errors. 216. Court may alter charge. 217. Recall of witnesses when charge altered. B.–Joinder of charges 218. Separate charges for distinct offences. 219. Three offences of same kind within year may be charged together. 220. Trial for more than one offence. 221. Where it is doubtful what offence has been committed. 222. When offence proved included in offence charged. 223. What persons may be charged jointly. 224. Withdrawal of remaining charges on conviction on one of several charges. CHAPTER XVIII TRIAL BEFORE A COURT OF SESSION 225. Trial to be conducted by Public Prosecutor. 226. Opening case for prosecution. 227. Discharge. 228. Framing of charge. 229. Conviction on plea of guilty. 230. Date for prosecution evidence. 231. Evidence for prosecution. 232. Acquittal. 233. Entering upon defence. 234. Arguments. 235. Judgment of acquittal or conviction. 236. Previous conviction. 237. Procedure in cases instituted under section 199(2). CHAPTER XIX TRIAL OF WARRANT-CASES BY MAGISTRATES A.–Cases instituted on a police report 238. Compliance with section 207. 239. When accused shall be discharged. 240. Framing of charge. 241. Conviction on plea of guilty. 242. Evidence for prosecution. 243. Evidence for defence. 9 SECTIONS B.–Cases instituted otherwise than on police report 244. Evidence for prosecution. 245. When accused shall be discharged. 246. Procedure where accused is not discharged. 247. Evidence for defence. C.–Conclusion of trial 248. Acquittal or conviction. 249. Absence of complainant. 250. Compensation for accusation without reasonable cause. CHAPTER XX TRIAL OF SUMMONS-CASES BY MAGISTRATES 251. Substance of accusation to be stated. 252. Conviction on plea of guilty. 253. Conviction on plea of guilty in absence of accused in petty cases. 254. Procedure when not convicted. 255. Acquittal or conviction. 256. Non-appearance or death of complainant. 257. Withdrawal of complaint. 258. Power to stop proceedings in certain cases. 259. Power of Court to convert summons-cases into warrant-cases. CHAPTER XXI SUMMARY TRIALS 260. Power to try summarily. 261. Summary trial by Magistrate of the second class. 262. Procedure for summary trials. 263. Record in summary trials. 264. Judgment in cases tried summarily. 265. Language of record and judgment. CHAPTER XXIA PLEA BARGAINING 265A. Application of the Chapter. 265B. Application for plea bargaining. 265C. Guidelines for mutually satisfactory disposition. 265D. Report of the mutually satisfactory disposition to be submitted before the Court. 265E. Disposal of the case. 265F. Judgment of the Court. 265G. Finality of the judgment. 265H. Power of the Court in plea bargaining. 10 SECTIONS 265-I. Period of detention undergone by the accused to be set-off against the sentence of imprisonment. 265J. Savings. 265K. Statements of accused not to be used. 265L. Non-application of the Chapter. CHAPTER XXII ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 266. Definitions. 267. Power to require attendance of prisoners. 268. Power of State Government to exclude certain persons from operation of section 267. 269. Officer in charge of prison to abstain from carrying out order in certain contingencies. 270. Prisoner to be brought to Court in custody. 271. Power to issue commission for examination of witness in prison. CHAPTER XXIII EVIDENCE IN INQUIRIES AND TRIALS A.–Mode of taking and recording evidence 272. Language of Courts. 273. Evidence to be taken in presence of accused. 274. Record in summons-cases and inquiries. 275. Record in warrant-cases. 276. Record in trial before Court of Session. 277. Language of record of evidence. 278. Procedure in regard to such evidence when completed. 279. Interpretation of evidence to accused or his pleader. 280. Remarks respecting demeanour of witness. 281. Record of examination of accused. 282. Interpreter to be bound to interpret truthfully. 283. Record in High Court. B.–Commissions for the examination of witnesses 284. When attendance of witness may be dispensed with and commission issued. 285. Commission to whom to be issued. 286. Execution of commissions. 287. Parties may examine witnesses. 288. Return of commission. 289. Adjournment of proceeding. 290. Execution of foreign commissions. 291. Deposition of medical witness. 291A. Identification report of Magistrate. 11 SECTIONS 292. Evidence of officers of the Mint. 293. Reports of certain Government scientific experts. 294. No formal proof of certain documents. 295. Affidavit in proof of conduct of public servants. 296. Evidence of formal character on affidavit. 297. Authorities before whom affidavits may be sworn. 298. Previous conviction or acquittal how proved. 299. Record of evidence in absence of accused. CHAPTER XXIV GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 300. Person once convicted or acquitted not to be tried for same offence. 301. Appearance by Public Prosecutors. 302. Permission to conduct prosecution. 303. Right of person against whom proceedings are instituted to be defended. 304. Legal aid to accused at State expense in certain cases. 305. Procedure when corporation or registered society is an accused. 306. Tender of pardon to accomplice. 307. Power to direct tender of pardon. 308. Trial of person not complying with conditions of pardon. 309. Power to postpone or adjourn proceedings. 310. Local inspection. 311. Power to summon material witness, or examine person present. 311A. Power of Magistrate to order person to give specimen signatures or handwriting. 312. Expenses of complainants and witnesses. 313. Power to examine the accused. 314. Oral arguments and memorandum of arguments. 315. Accused person to be competent witness. 316. No influence to be used to induce disclosure. 317. Provision for inquiries and trial being held in the absence of accused in certain cases. 318. Procedure where accused does not understand proceedings. 319. Power to proceed against other persons appearing to be guilty of offence. 320. Compounding of offences. 321. Withdrawal from prosecution. 322. Procedure in cases which Magistrate cannot dispose of. 323. Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed. 324. Trial of persons previously convicted of offences against coinage, stamp-law or property. 325. Procedure when Magistrate cannot pass sentence sufficiently severe. 12 SECTIONS 326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. 327. Court to be open. CHAPTER XXV PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 328. Procedure in case of accused being lunatic. 329. Procedure in case of person of unsound mind tried before Court. 330. Release of person of unsound mind pending investigation or trial. 331. Resumption of inquiry or trial. 332. Procedure on accused appearing before Magistrate or Court. 333. When accused appears to have been of sound mind. 334. Judgment of acquittal on ground of unsoundness of mind. 335. Person acquitted on such ground to be detained in safe custody. 336. Power of State Government to empower officer-in-charge to discharge. 337. Procedure where lunatic prisoner is reported capable of making his defence. 338. Procedure where lunatic detained is declared fit to be released. 339. Delivery of lunatic to care of relative or friend. CHAPTER XXVI PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 340. Procedure in cases mentioned in section 195. 341. Appeal. 342. Power to order costs. 343. Procedure of Magistrate taking cognizance. 344. Summary procedure for trial for giving false evidence. 345. Procedure in certain cases of contempt. 346. Procedure where Court considers that case should not be dealt with under section 345. 347. When Registrar or Sub-Registrar to be deemed a Civil Court. 348. Discharge of offender on submission of apology. 349. Imprisonment or committal of person refusing to answer or produce document. 350. Summary procedure for punishment for non-attendance by a witness in obedience to summons. 351. Appeals from convictions under sections 344, 345, 349 and 350. 352. Certain Judges and Magistrates not to try certain offences when committed before themselves. CHAPTER XXVII THE JUDGMENT 353. Judgment. 354. Language and contents of judgment. 355. Metropolitan Magistrate's judgment. 13 SECTIONS 356. Order for notifying address of previously convicted offender. 357. Order to pay compensation. 357A. Victim compensation scheme. 357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code. 357C. Treatment of victims. 358. Compensation to persons groundlessly arrested. 359. Order to pay costs in non-cognizable cases. 360. Order to release on probation of good conduct or after admonition. 361. Special reasons to be recorded in certain cases. 362. Court not to alter judgment. 363. Copy of judgment to be given to the accused and other persons. 364. Judgment when to be translated. 365. Court of Session to send copy of finding and sentence to District Magistrate. CHAPTER XXVIII SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 366. Sentence of death to be submitted by Court of Session for confirmation. 367. Power to direct further inquiry to be made or additional evidence to be taken. 368. Power of High Court to confirm sentence or annul conviction. 369. Confirmation or new sentence to be signed by two Judges. 370. Procedure in case of difference of opinion. 371. Procedure in cases submitted to High Court for confirmation. CHAPTER XXIX APPEALS 372. No appeal to lie unless otherwise provided. 373. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour. 374. Appeals from convictions. 375. No appeal in certain cases when accused pleads guilty. 376. No appeal in petty cases. 377. Appeal by the State Government against sentence. 378. Appeal in case of acquittal. 379. Appeal against conviction by High Court in certain cases. 380. Special right of appeal in certain cases. 381. Appeal to Court of Session how heard. 382. Petition of appeal. 383. Procedure when appellant in jail. 384. Summary dismissal of appeal. 385. Procedure for hearing appeals not dismissed summarily. 386. Powers of the Appellate Court. 387. Judgments of Subordinate Appellate Court. 388. Order of High Court on appeal to be certified to lower Court. 14 SECTIONS 389. Suspension of sentence pending the appeal; release of appellant on bail. 390. Arrest of accused in appeal from acquittal. 391. Appellate Court may take further evidence or direct it to be taken. 392. Procedure where Judges of Court of Appeal are equally divided. 393. Finality of judgments and orders on appeal. 394. Abatement of appeals. CHAPTER XXX REFERENCE AND REVISION 395. Reference to High Court. 396. Disposal of case according to decision of High Court. 397. Calling for records to exercise powers of revision. 398. Power to order inquiry. 399. Sessions Judge's powers of revision. 400. Power of Additional Sessions Judge. 401. High Court's powers of revision. 402. Power of High Court to withdraw or transfer revision cases. 403. Option of Court to hear parties. 404. Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court. 405. High Court's order to be certified to lower Court. CHAPTER XXXI TRANSFER OF CRIMINAL CASES 406. Power of Supreme Court to transfer cases and appeals. 407. Power of High Court to transfer cases and appeals. 408. Power of Sessions Judge to transfer cases and appeals. 409. Withdrawal of cases and appeals by Sessions Judges. 410. Withdrawal of cases by Judicial Magistrate. 411. Making over or withdrawal of cases by Executive Magistrates. 412. Reasons to be recorded. CHAPTER XXXII EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES A.–Death Sentences 413. Execution of order passed under section 368. 414. Execution of sentence of death passed by High Court. 415. Postponement of execution of sentence of death in case of appeal to Supreme Court. 416. Postponement of capital sentence on pregnant woman. 15 SECTIONS B.–Imprisonment 417. Power to appoint place of imprisonment. 418. Execution of sentence of imprisonment. 419. Direction of warrant for execution. 420. Warrant with whom to be lodged. C.–Levy of fine 421. Warrant for levy of fine. 422. Effect of such warrant. 423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend. 424. Suspension of execution of sentence of imprisonment. D.–General provisions regarding execution 425. Who may issue warrant. 426. Sentence on escaped convict when to take effect. 427. Sentence on offender already sentenced for another offence. 428. Period of detention undergone by the accused to be set off against the sentence of imprisonment. 429. Saving. 430. Return of warrant on execution of sentence. 431. Money ordered to be paid recoverable as a fine. E.–Suspension, remission and commutation of sentences 432. Power to suspend or remit sentences. 433. Power to commute sentence. 433A. Restriction on powers of remission or commutation in certain cases. 434. Concurrent power of Central Government in case of death sentences. 435. State Government to act after consultation with Central Government in certain cases. CHAPTER XXXIII PROVISIONS AS TO BAIL AND BONDS 436. In what cases bail to be taken. 436A. Maximum period for which an undertrial prisoner can be detained. 437. When bail may be taken in case of non-bailable offence. 437A. Bail to require accused to appear before next appellate Court. 438. Direction for grant of bail to person apprehending arrest. 439. Special powers of High Court or Court of Session regarding bail. 440. Amount of bond and reduction thereof. 441. Bond of accused and sureties. 441A. Declaration by sureties. 442. Discharge from custody. 16 SECTIONS 443. Power to order sufficient bail when that first taken is insufficient. 444. Discharge of sureties. 445. Deposit instead of recognizance. 446. Procedure when bond has been forfeited. 446A. Cancellation of bond and bail bond. 447. Procedure in case of insolvency of death of surety or when a bond is forfeited. 448. Bond required from minor. 449. Appeal from orders under section 446. 450. Power to direct levy of amount due on certain recognizances. CHAPTER XXXIV DISPOSAL OF PROPERTY 451. Order for custody and disposal of property pending trial in certain cases. 452. Order for disposal of property at conclusion of trial. 453. Payment to innocent purchaser of money found on accused. 454. Appeal against orders under section 452 or section 453. 455. Destruction of libellous and other matter. 456. Power to restore possession of immovable property. 457. Procedure by police upon seizure of property. 458. Procedure where no claimant appears within six months. 459. Power to sell perishable property. CHAPTER XXXV IRREGULAR PROCEEDINGS 460. Irregularities which do not vitiate proceedings. 461. Irregularities which vitiate proceedings. 462. Proceedings in wrong place. 463. Non-compliance with provisions of section 164 or section 281. 464. Effect of omission to frame, or absence of, or error in, charge. 465. Finding or sentence when reversible by reason of error, omission or irregularity. 466. Defect or error not to make attachment unlawful. 17 CHAPTER XXXVI LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES SECTIONS 467. Definitions. 468. Bar to taking cognizance after lapse of the period of limitation. 469. Commencement of the period of limitation. 470. Exclusion of time in certain cases. 471. Exclusion of date on which Court is closed. 472. Continuing offence. 473. Extension of period of limitation in certain cases. CHAPTER XXXVII MISCELLANEOUS 474. Trials before High Courts. 475. Delivery to commanding officers of persons liable to be tried by Court-martial. 476. Forms. 477. Power of High Court to make rules. 478. Power to alter functions allocated to Executive Magistrate in certain cases. 479. Case in which Judge or Magistrate is personally interested. 480. Practising pleader not to sit as Magistrate in certain Courts. 481. Public servant concerned in sale not to purchase or bid for property. 482. Saving of inherent power of High Court. 483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. 484. Repeal and savings. THE FIRST SCHEDULE.–CLASSIFICATION OF OFFENCES. THE SECOND SCHEDULE.–FORMS. FORM NO. 1.—Summons to an accused person. FORM NO. 2.—Warrant of arrest. FORM NO. 3.—Bond and bail-bond after arrest under a warrant. FORM NO. 4.—Proclamation requiring the appearance of a person accused. FORM NO. 5.—Proclamation requiring the attendance of a witness. FORM NO. 6.—Order of attachment to compel the attendance of a witness. FORM NO. 7.—Order of attachment to compel the appearance of a person accused. FORM NO. 8.—Order authorising an attachment by the District Magistrate or Collector. FORM NO. 9.—Warrant in the first instance to bring up a witness. FORM NO. 10.—Warrant to search after information of a particular offence. FORM NO. 11.—Warrant to search suspected place of deposit. 18 FORM NO. 12.—Bond to keep the peace. FORM NO. 13.—Bond for good behaviour. FORM NO. 14.—Summons on information of a probable breach of the peace. FORM NO. 15.—Warrant of commitment on failure to find security to keep the peace. FORM NO. 16.—Warrant of commitment on failure to find security for good behaviour. FORM NO. 17.—Warrant to discharge a person imprisoned on failure to give security. FORM NO. 18.—Warrant of imprisonment on failure to pay maintenance. FORM NO. 19.—Warrant to enforce the payment of maintenance by attachment and sale. FORM NO. 20.—Order for the removal of nuisances. FORM NO. 21.—Magistrate’s notice and peremptory order. FORM NO. 22.—Injunction to provide against imminent danger pending inquiry. FORM NO. 23.—Magistrate’s order prohibiting the repetition, etc., of a nuisance. FORM NO. 24.—Magistrate’s order to prevent obstruction, riot, etc. FORM NO. 25.—Magistrate’s order declaring party entitled to retain possession of land, etc., in dispute. FORM NO. 26.—Warrant of attachment in the case of a dispute as to the possession of land, etc. FORM NO. 27.—Magistrate’s order prohibiting the doing of anything on land or water. FORM NO. 28.—Bond and bail-bond on a preliminary inquiry before a Police Officer. FORM NO. 29.—Bond to prosecute or give evidence. FORM NO. 30.—Special summons to a person accused of a petty offence. FORM NO. 31.—Notice of commitment by Magistrate to Public Prosecutor. FORM NO. 32.—Charges. I. Charges with one-head. II. Charges with two or more heads. III. Charges for theft after previous conviction. FORM NO. 33.—Summons to witness. FORM NO. 34.—Warrant of commitment on a sentence of imprisonment or fine if passed by a Court. FORM NO. 35.—Warrant of imprisonment on failure to pay compensation. FORM NO. 36.—Order requiring production in Court of person in prison for answering to charge of offence. FORM NO. 37.—Order requiring production in Court of person in prison for giving evidence. FORM NO. 38.—Warrant of commitment in certain cases of contempt when a fine is imposed. FORM NO. 39.—Magistrate’s or Judge’s warrant of commitment of witness refusing to answer or to produce document. FORM NO. 40.—Warrant of commitment under sentence of death. FORM NO. 41.—Warrant after a commutation of a sentence. FORM NO. 42.—Warrant of execution of a sentence of death. 19 FORM NO. 43.—Warrant to levy a fine by attachment and Sale. FORM NO. 44.—Warrant for recovery of fine. FORM NO. 44A.—Bond for appearance of offender released pending realisation of fine. FORM NO. 45.—Bond and bail-bond for attendance before officer in charge of police station or Court. FORM NO. 46.—Warrant to discharge a person imprisoned on failure to give security. FORM NO. 47.—Warrant of attachment to enforce a bond. FORM NO. 48.—Notice to surety on breach of a bond. FORM NO. 49.—Notice to surety of forfeiture of bond for good behaviour. FORM NO. 50.—Warrant of attachment against a surety. FORM NO. 51.—Warrant of commitment of the surety of an accused person admitted to bail. FORM NO. 52.—Notice to the principal of forfeiture of bond to keep the peace. FORM NO. 53.—Warrant to attach the property of the principal on breach of a bond to keep the peace. FORM NO. 54.—Warrant of imprisonment on breach of a bond to keep the peace. FORM NO. 55.—Warrant of attachment and sale on forfeiture of bond for good behaviour. FORM NO. 56.—Warrant of imprisonment on forfeiture of bond for good behaviour. APPENDIX I.—[Extracts from the Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005).] 20 THE CODE OF CRIMINAL PROCEDURE, 1973 ACT NO. 2 OF 1974 [25th January, 1974.] An Act to consolidate and amend the law relating to Criminal Procedure. BE it enacted by Parliament in the twenty-fourth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Code of Criminal Procedure, 1973. (2) It extends to the whole of India 1***: Provided that the provisions of this Code, other than those relating to Chapters VIII, X and XI thereof, shall not apply— (a) to the State of Nagaland, (b) to the tribal areas, but the concerned State Government may, by notification, apply such provisions or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification. Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong. (3) It shall come into force on the 1st day of April, 1974. STATE AMENDMENT Haryana In the Code of Criminal Procedure (Haryana Amendment) Act, 2014,-In section 1, after figures “2014”, the words “as extended to the Union territory of Chandigarh” shall be inserted; [Vide Notification No. GSR929(E) dated 16th December, 2019.] 2. Definitions.—In this Code, unless the context otherwise requires,— (a) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence; (b) “charge” includes any head of charge when the charge contains more heads than one; (c) “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant; (d) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an 1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31- 10- 2019). 21 offence, but does not include a police report. Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant; (e) “High Court” means,— (i) in relation to any State, the High Court for that State; (ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court; (iii) in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India; (f) “India” means the territories to which this Code extends; (g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court; (h) “investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf; (i) “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath; (j) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Code 1[and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify]; (k) “metropolitan area” means the area declared, or deemed to be declared, under section 8, to be a metropolitan area; (l) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant; (m) “notification” means a notification published in the Official Gazette; (n) “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle- trespass Act, 1871 (1 of 1871); (o) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present; (p) “place” includes a house, building, tent, vehicle and vessel; (q) “pleader”, when used with reference to any proceeding in any Court, means a person authorised by or under any law for the time being in force, to practise in such Court, and includes any other person appointed with the permission of the Court to act in such proceeding; (r) “police report” means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173; (s) “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf; 1. Ins. by Act 45 of 1978, s. 2 (w.e.f. 18-12-1978). 22 (t) “prescribed” means prescribed by rules made under this Code; (u) “Public Prosecutor” means any person appointed under section 24, and includes any person acting under the directions of a Public Prosecutor; (v) “sub-division” means a sub-division of a district; (w) “summons-case” means a case relating to an offence, and not being a warrant-case; 1 [(wa) “victim” means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression “victim” includes his or her guardian or legal heir;] (x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years; (y) words and expressions used herein and not defined but defined in the Indian Penal Code (45 of 1860) have the meanings respectively assigned to them in that Code. STATE AMENDMENT Haryana In section 2, for the words “State of Haryana”, the words “Union territory of Chandigarh” shall be substituted. [Vide Notification No. GSR929(E) dated 16th December, 2019.] 3. Construction of references.—(1) In this Code,— (a) any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires,— (i) in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate; (ii) in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; (b) any reference to a Magistrate of the second class shall, in relation to an area outside a metropolitan area, be construed as a reference to a Judicial Magistrate of the second class, and, in relation to a metropolitan area, as a reference to a Metropolitan Magistrate; (c) any reference to a Magistrate of the first class shall,— (i) in relation to a metropolitan area, be construed as a reference to a Metropolitan Magistrate exercising jurisdiction in that area; (ii) in relation to any other area, be construed as a reference to a Judicial Magistrate of the first class exercising jurisdiction in that area; (d) any reference to the Chief Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Chief Metropolitan Magistrate exercising jurisdiction in that area. (2) In this Code, unless the context otherwise requires, any reference to the Court of a Judicial Magistrate shall, in relation to a metropolitan area, be construed as a reference to the Court of the Metropolitan Magistrate for that area. (3) Unless the context otherwise requires, any reference in any enactment passed before the commencement of this Code,— (a) to a Magistrate of the first class, shall be construed as a reference to a Judicial Magistrate of the first class; 1. Ins. by Act 5 of 2009, s. 2 (w.e.f. 31-12-2009). 23 (b) to a Magistrate of the second class or of the third class, shall be construed as a reference to a Judicial Magistrate of the second class; (c) to a Presidency Magistrate or Chief Presidency Magistrate, shall be construed as a reference, respectively, to a Metropolitan Magistrate or the Chief Metropolitan Magistrate; (d) to any area which is included in a Metropolitan area, as a reference to such metropolitan area, and any reference to a Magistrate of the first class or of the second class in relation to such area, shall be construed as a reference to the Metropolitan Magistrate exercising jurisdiction in such area. (4) Where, under any law, other than this Code, the function exercisable by a Magistrate relate to matters,— (a) which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Code, be exercisable by a Judicial Magistrate; or (b) which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate. STATE AMENDMENT Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep Insertion of New section 3A. —In the Code, as it applies to the Union territory of Andaman and Nicobar Islands, after section 3, the following section shall be inserted, namely:— “3A. Special provision relating to Andaman and Nicobar Islands. —(1) Reference in this Code to— (a) The Chief Judicial Magistrate shall be construed as references to the District Magistrate or, where the State Government so directs, also to the Additional District Magistrate; (b) a Magistrate or Magistrate of the first class or of the second class or Judicial Magistrate of the first class or of the second class, shall be construed as references to such Executive Magistrate as the State Government may, be notification in the Official Gazette, specify. (2) The State Government may, if it is of opinion that adequate number of persons are available for appointment as Judicial Magistrate, by notification in the Official Gazette, declare that the provisions of this section shall, on and from such day as may be specified in the notification, cease to be in force and different dates may be specified for different islands. (3) On the cesser of operation of the provisions of this section, every inquiry or trial pending, immediately before such cesser, before the District Magistrate or Additional District Magistrate or any Executive Magistrate, as the case may be, shall stand transferred, and shall be dealt with, from the stage which was reached before, such cesser, by such Judicial Magistrate as the State Government may specify in this behalf.”. [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 3.] 4. Trial of offences under the Indian Penal Code and other laws.—(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained. (2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences. 5. Saving.—Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. 24 CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES 6. Classes of Criminal Courts.—Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every State, the following classes of Criminal Courts, namely:— (i) Courts of Session; (ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates; (iii) Judicial Magistrates of the second class; and (iv) Executive Magistrates. 7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Code, be a district or consist of districts: Provided that every metropolitan area shall, for the said purposes, be a separate sessions division and district. (2) The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts. (3) The State Government may, after consultation with the High Court, divide any district into sub- divisions and may alter the limits or the number of such sub-divisions. (4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Code, shall be deemed to have been formed under this section. 8. Metropolitan areas.—(1) The State Government may, by notification, declare that, as from such date as may be specified in the notification, any area in the State comprising a city or town whose population exceeds one million shall be a metropolitan area for the purposes of this Code. (2) As from the commencement of this Code, each of the Presidency-towns of Bombay, Calcutta and Madras and the city of Ahmedabad shall be deemed to be declared under sub-section (1) to be a metropolitan area. (3) The State Government may, by notification, extend, reduce or alter the limits of a metropolitan area but the reduction or alteration shall not be so made as to reduce the population of such area to less than one million. (4) Where, after an area has been declared, or deemed to have been declared to be, a metropolitan area, the population of such area falls below one million, such area shall, on and from such date as the State Government may, by notification, specify in this behalf, cease to be a metropolitan area; but notwithstanding such cesser, any inquiry, trial or appeal pending immediately before such cesser before any Court or Magistrate in such area shall continue to be dealt with under this Code, as if such cesser had not taken place. (5) Where the State Government reduces or alters, under sub-section (3), the limits of any metropolitan area, such reduction or alteration shall not affect any inquiry, trial or appeal pending immediately before such reduction or alteration before any Court or Magistrate, and every such inquiry, trial or appeal shall continue to be dealt with under this Code as if such reduction or alteration had not taken place. Explanation.—In this section, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published. STATE AMENDMENT Delhi In its application to the National Capital Territory of Delhi, in section 8,— (a) in sub-section (1), for the words “a city or town”, substitute “a city or town or part thereof”; 25 (b) for sub-section (3), substitute the following sub-section, namely:— “(3) The State Government may, by notification divide a metropolitan area into two or more such areas or extend or reduce or alter the limits of a metropolitan area: Provided that— (a) the division of metropolitan area shall not be so made as to result in the population of any of the areas into which it has been divided being less than one million; and (b) the reduction or alteration of metropolitan area shall not be so made as to reduce the population of such area to less than one million.”; (c) after sub-section (4), insert the following sub-section, namely: — “(4-A) Where any metropolitan area is divided under sub-section (3), the High Court may issue such directions as it deems fit with respect to the disposal of the proceedings pendings immediately before such division before any Magistrate or court having jurisdiction in respect of such area.” [Vide Delhi Act 9 of 2011, s. 2.] 9. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions division. (2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court. (3) The High Court may also appoint Additional Sessions Judges and Assistant Session Judges to exercise jurisdiction in a Court of Session. (4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in the other division as the High Court may direct. (5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application. (6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein. Explanation.—For the purposes of this Code, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by Government. 26 STATE AMENDMENT West Bengal.— To sub-section (3) of section 9 of the principal Act, the following provisos shall be added:— Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a sub-division, other than the sub-division, by whatever name called, wherein the headquarters of the Sessions Judges are situated, exercising jurisdiction in a Court of Session, shall have all the powers of the Sessions Judge under this Code, in respect of the cases and proceedings in the Criminal Courts in that sub-division, for the purposes of sub-section (7) of session 116, sections 193 and 194, clause (a) of section 209 and sections 409, 439 and 449: Provided further that the above powers shall not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.”. [Vide West Bengal Act, 24 of 1988, s. 3.] Orissa Amendment of section 9.-In Section 9 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the principal Act), to sub-section (3), the following provisions shall be added, namely:— “Provided that notwithstanding anything to the contrary contained in this Code, an Additional Sessions Judge in a district or subdivision, other than the district or subdivision, by whatever name called, wherein the headquarters of the Sessions Judge are situated, exercising jurisdiction in a Court of Sessions shall have all the powers of the Sessions Judge under this Code, in respect of the cases and the proceedings in the Criminal Courts in that district or subdivision for the purposes of sub-section (7) of section 116, sections 193 and 194, clause (a) of section 209 and sections 409 and 449: Provided further that the above powers shall be not be in derogation of the powers otherwise exercisable by an Additional Sessions Judge or a Sessions Judge under this Code.” [Vide Orissa Act 6 of 2004, s. 2] 10. Subordination of Assistant Sessions Judges.—(1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction. (2) The Sessions Judge may, from time to time, make rules consistent with this Code, as to the distribution of business among such Assistant Sessions Judges. (3) The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and every such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application. 11. Courts of Judicial Magistrates.—(1) In every district (not being a metropolitan area) there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify: 1 [Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.] (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of 1. Added by Act 45 of 1978, s. 3 (w.e.f. 18-12-1978). 27 a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court. STATE AMENDMENT Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep In the Code, as it applies to the Union Territories to which this regulation extends, in sub-section (3) of section 11, for the words “any member of the judicial service of the state functioning as a judge in a civil court”, the words “any person discharging the functions of a civil court”, shall be substituted. [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 4.] 12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate. (2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code or under any other law for the time being in force as the High Court may direct. (3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires. (b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf. 13. Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate 1[of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:] Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. (2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. 2 [(3) The High Court may empower a Special Judicial Magistrate to exercise the powers of a Metropolitan Magistrate in relation to any metropolitan area outside his local jurisdiction.] STATE AMENDMENT Assam For section 13 of the Code, the following shall be substituted, namely:— “13. (1) The State Government may appoint as may persons as it thinks fit to be sub divisional Magistrates in any district in the State of Assam. (2) The State Government, or subject to the control of the State Government, the District Magistrate may place one or more Sub divisional Magistrates in charge of a subdivision”. [Vide Assam Act 13 of 1964, s. 2.] 1. Subs. Act 45 of 1978, s. 4, for certain words (w.e.f. 18-12-1978). 2. Ins. by s. 4, ibid. (w.e.f. 18-12-1978). 28 Himachal Pradesh Amendment of Section 13.— in Sub-section (1) of section 13 of the Code of Criminal Procedure, 1973 (2 of 1974) in its application to the State of Himachal Pradesh for the words “in any district” the words “in any local area” shall be substituted. [Vide Himachal Pradesh Act 40 of 1976, s. 2.] 14. Local jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 11 or under section 13 may exercise all or any of the powers with which they may respectively be invested under this Code: 1 [Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.] (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 2 [(3) Where the local jurisdiction of a Magistrate, appointed under section 11 or section 13 or section 18, extends to an area beyond the district, or the metropolitan area, as the case may be, in which he ordinarily holds Court, any reference in this Code to the Court of Session, Chief Judicial Magistrate or the Chief Metropolitan Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session, Chief Judicial Magistrate, or Chief Metropolitan Magistrate, as the case may be, exercising jurisdiction in relation to the said district or metropolitan area.] 15. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate. (2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Judicial Magistrates subordinate to him. 16. Courts of Metropolitan Magistrates.—(1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such places, as the State Government may, after consultation with the High Court, by notification, specify. (2) The presiding officers of such Courts shall be appointed by the High Court. (3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area. 17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.—(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area. (2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate, and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or under any other law for the time being in force as the High Court may direct. 18. Special Metropolitan Magistrates.—(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases 3*** , in any metropolitan area within its local jurisdiction: Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify. (2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct. 4 [(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan 1. Added by Act 45 of 1978, s. 5, (w.e.f. 18-12-1978). 2. Ins. by s. 5, ibid. (w.e.f. 18-12-1978). 3. The words “or to cases generally” omitted by s. 6, ibid., (w.e.f. 18-12-1978). 4. Subs. by Act 45 of 1978, s. 6, for sub-section (3) (w.e.f. 18-12-1978). 29 Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.] 19. Subordination of Metropolitan Magistrates.—(1) The Chief Metropolitan Magistrate and every Additional Chief Metropolitan Magistrate shall be subordinate to the Sessions Judge; and every other Metropolitan Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Metropolitan Magistrate. (2) The High Court may, for the purposes of this Code, define the extent of the subordination, if any, of the Additional Chief Metropolitan Magistrates to the Chief Metropolitan Magistrate. (3) The Chief Metropolitan Magistrate may, from time to time, make rules or give special orders, consistent with this Code, as to the distribution of business among the Metropolitan Magistrates and as to the allocation of business to an Additional Chief Metropolitan Magistrate. 20. Executive Magistrates.—(1) In every district and in every metropolitan area, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate. (2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have 1[such] of the powers of a District Magistrate under this Code or under any other law for the time being in force 2[as may be directed by the State Government]. (3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Code on the District Magistrate. (4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate. 3 [(4A) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.] (5) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police, all or any of the powers of an Executive Magistrate in relation to a metropolitan area. 21. Special Executive Magistrates.—The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it may deem fit. 22. Local Jurisdiction of Executive Magistrates.—(1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Code. (2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district. 23. Subordination of Executive Magistrates.—(1) All Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, however, to the general control of the District Magistrate. (2) The District Magistrate may, from time to time, make rules or give special orders, consistent with 1. Subs. by Act 45 of 1978, s. 7, for “all or any” (w.e.f. 18-12-1978). 2. Ins. by s. 7, ibid, (w.e.f. 18-12-1978). 3. Ins. by Act 25 of 2005, s. 2 (w.e.f. 23-6-2006). 30 this Code, as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate. 1 [24. Public Prosecutors.—(1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or State Government, as the case may be. (2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case or class of cases in any district or local area. (3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district: Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district. (4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district. (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4). (6) Notwithstanding anything contained in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre: Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub-section (4). 2 [Explanation.—For the purposes of this sub-section,— (a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes therein the post of a Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post; (b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, an Additional Public Prosecutor or an Assistant Public Prosecutor under this Code.] (7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years. (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor: 3 [Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.] (9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as a pleader, or has rendered (whether before or after the commencement of this Code) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person 1. Subs. by Act 45 of 1978, s. 8, for section 24 (w.e.f. 18-12-1978). 2. Ins. by Act 25 of 2005, s. 3 (w.e.f. 23-6-2006). 3. Ins. by Act 5 of 2009, s. 3 (w.e.f. 31-12-2009). 31 has been in practice as an advocate.] STATE AMENDMENT Karnataka Amendment of section 24.- In section 24 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) (hereinafter referred to as the principal Act) in sub-section (1),— (i) the words and punctuation mark “or the State Government shall”, shall be omitted; and (ii) for the words “appoint a Public Prosecutor” the words “or the State Government shall appoint a Public Prosecutor” shall be substituted. [Vide Karnataka Act 20 of 1982, s. 2.] Maharashtra Amendment of section 24.- In Section 24 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra:— (a) in sub-section (6), the proviso shall be deleted; (b) after sub-section (6), the following sub-section shall be inserted, namely:— “(6-A) Notwithstanding anything contained in sub-section (6), the State Government may, subject to the provisions of sub-sections (4) and (5), appoint a person who has been in practice as an advocate for not less than seven years, as the Public Prosecutor or Additional Public Prosecutor for the district.”. [Vide Maharashtra Act 33 of 2014, s. 2.] Madhya Pradesh Amendment of Section 24.—In Section 24 of the principal Act.— (i) in sub-section (6), for the words, “brackets and figure “Notwithstanding anything contained in sub-section (5)”, the words, brackets, letter and figures “Notwithstanding anything contained in sub-section (5), but subject to the provisions of sub-section (6-A)” shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978; (ii) after sub-section (6), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978, namely:— “(6-A) Notwithstanding anything contained in sub-section (6), the State Government may appoint a person who has been in practice as an advocate for not less than seven years as the Public Prosecutor or Additional Public Prosecutor for the district and it shall not be necessary to appoint the Public Prosecutor or Additional Public Prosecutor for the district from among the person constituting the Cadre of Prosecuting Officers in the State of Madhya Pradesh and the provisions of sub-sections (4) and (5) shall apply to the appointment of a Public Prosecutor Additional Public Prosecutor under this sub-section”; (iii) in sub-section (7), after the words, bracket and figure “sub-section (6)”, the words, brackets, figure and letter “or sub-section (6-A)” shall be inserted and shall be deemed to have been inserted with effect from 18th December, 1978; and (iv) in sub-section (9), for the words, brackets and figure, “sub-section (7)”, the words, brackets, figures and letter “sub-section (6-A) and sub-section (7)” shall be substituted and shall be deemed to have been substituted with effect from 18th December, 1978. 32 [Vide Madhya Pradesh Act 21 of 1995, s. 3.] West Bengal In Sub-section (6) of section 24 of the principal Act, for the words “shall appoint a Public Prosecutor or an Additional Public Prosecutor only”, the words “may also appoint a Public Prosecutor or an Additional Public Prosecutor” shall be substituted. [Vide West Bengal Act 26 of 1990, s. 3.] West Bengal In sub-section (6) of section 24 of the principal Act, the proviso shall be omitted. [Vide West Bengal Act 25 of 1992, s. 3.] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 24.— After sub-section (6), insert the following sub-section, namely:— “(6A).–Notwithstanding anything contained in sub-section (1) and sub-section (6), the Government of the Union territory of Jammu and Kashmir may appoint a person who has been in practice as an Advocate for not less than seven years as Public Prosecutor or Additional Public Prosecutor for High Court and for the District Courts and it shall not be necessary to appoint Public Prosecutor or Additional Public Prosecutor for the High Court in consultation with High Court and Public Prosecutor or Additional Public Prosecutor for the District Court from amongst the person constituting the cadre of Prosecution for the State of Jammu and Kashmir.” [vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020).] 25. Assistant Public prosecutors.—(1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates. 1 [(1A) The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.] (2) Save as otherwise provided in sub-section (3), no police officer shall be eligible to be appointed as an Assistant Public Prosecutor. (3) Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case: Provided that a police officer shall not be so appointed— (a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) if he is below the rank of Inspector. 1. Ins. by Act 45 of 1978, s. 9 (w.e.f. 18-12-1978). 33 STATE AMENDMENT Orissa Amendment of section 25.—In section 25 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code), to sub-section (2), the following proviso shall be inserted, namely:— “Provided that nothing in this sub-section shall be construed, to prohibit the State Government from exercising its control over Assistant Public Prosecutors through police officers.” [Vide Orissa Act 6 of 1995, s. 2] 1 [25A. Directorate of Prosecution.—(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit. (2) A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court. (3) The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State. (4) Every Deputy Director of Prosecution shall be subordinate to the Director of Prosecution. (5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1), or as the case may be, sub-section (8), of section 24 to conduct cases in the High Court shall be subordinate to the Director of Prosecution. (6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3), or as the case may be, sub-section (8), of section 24 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 25 shall be subordinate to the Deputy Director of Prosecution. (7) The powers and functions of the Director of Prosecution and the Deputy Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify. (8) The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.] STATE AMENDMENT Karnataka In section 25A of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), — (a) for sub-section (2), the following shall be substituted, namely:—“(2) The post of Director of prosecution and Government litigations, or a Deputy Director of Prosecution and other cadres shall be filled in accordance with the Cadre and Recruitment Rules framed under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990).” (b) for sub-section (5), the following shall be substituted, namely:—“(5) Every Public Prosecutor, Additional Public Prosecutor appointed by the State Government from the cadre of Prosecutors recruited under the recruitment rules framed by the Government under the Karnataka State Civil Services Act, 1978 1. Ins. by Act 25 of 2005, s. 4 (w.e.f. 23-6-2006). 34 shall be subordinate to the Director of Prosecution and Government litigations and every Public Prosecutor, Additional Prosecutor and Special Prosecutor appointed under sub-section (8) of section 24 shall be subordinate to the Advocate General.” (c) in sub-section (6), for the words “Deputy Director of Prosecution, the words “Director of Prosecution” shall be substituted. [Vide Karnataka Act 39 of 2012, s. 2] Madhya Pradesh Substitution of Section 25A.—For section 25A of the principal Act, the following section shall be substituted, namely: — “25A. Directorate of Prosecution.—(1) The State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and such other posts as it thinks fit. (2) The post of Director of Prosecution, Additional Directors of Prosecution, Joint Directors of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and other post shall be filled in accordance with the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, as amended from time to time. (3) The head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the head of the Home Department in the State. (4) Every Additional Director of Prosecution, Joint Director of Prosecution, Deputy Director of Prosecution and Assistant Director of Prosecution and other posts specified in sub-section (2) shall be subordinate to the Director of Prosecution. (5) Every Public Prosecutor and Additional Public Prosecutor appointed under the Madhya Pradesh Public Prosecution (Gazetted) Service Recruitment Rules, 1991, shall be subordinate to the Director of Prosecution and every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (1) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct cases in the High Court shall be subordinate to the Advocate General. (6) Every Public Prosecutor and Additional Public Prosecutor appointed under sub-section (3) of Section 24 and every Special Public Prosecutor appointed under sub-section (8) of Section 24 to conduct cases in District Courts shall be subordinate to the District Magistrate. (7) The powers and functions of the Director of Prosecution shall be such as the State Government may, by notification, specify.”. [Vide Madhya Pradesh Act 18 of 2014, s. 3.] STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).— Section 25A.-(i) for sub-sections (1) and (2), substitute– (1) The Government of the Union territory of Jammu and Kashmir shall establish a Directorate of Prosecution consisting of a Director General of Prosecution and such other officers, as may be provided in rules to be framed by the said Government; and (2) The Post of Director General of Prosecution and all other officers, constituting the prosecution cadre, shall be filled in accordance with the rules to be framed by the said Government. (ii) in sub-section (3), substitute “Director of Prosecution” with “Director General of Prosecution”; 35 (iii) for sub-section (4), substitute “(4) subject to the control of the Director General of Prosecution, the Deputy Director shall be subordinate to and under the Control of a Joint Director.” (iv) substitute sub-section (5),– “Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the Government of the Union territory of Jammu and Kashmir under subsection (1), or the case may be under sub-section (8) of section 24 to conduct cases in the High Court shall be subordinate to the Advocate General.”; (v) for sub-section (7), substitute– “(7) The powers and functions of the Director General of Prosecution and other officers of the prosecution cadre shall be such as may be provided by the rules”. [vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020).] CHAPTER III POWER OF COURTS 26. Courts by which offences are triable.—Subject to the other provisions of this Code,— (a) any offence under the Indian Penal Code (45 of 1860) may be tried by (i) the High Court, or (ii) the Court of Session, or (iii) any other Court by which such offence is shown in the First Schedule to be triable: 1 [Provided that any 2[offence under section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860)] shall be tried as far as practicable by a Court presided over by a woman.] (b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by— (i) the High Court, or (ii) any other Court by which such offence is shown in the First Schedule to be triable. 27. Jurisdiction in the case of juveniles.—Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders. 28. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any sentence authorised by law. (2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court. (3) An Assistant Sessions Judge may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding ten years. 29. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. (2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not 1. Ins. by Act 5 of 2009, s. 4 (w.e.f. 31-12-2009). 2. Subs. by Act 13 of 2013, s. 11, for “offence under section 376 and sections 376A to 376D of the Indian Penal Code (45 of 1860)” (w.e.f. 3-2-2013). 3. Subs. by Act 22 of 2019,
