CHAPTER XXVIII

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

366.Sentence of death to be submitted by Court of Session for confirmation.- (1) When the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court.

(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant.

367.Power to direct further inquiry to be made or additional evidence to be taken.- (1) If, when such proceedings are submitted, the High Court thinks that a further inquiry should be made into, or additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session.

(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed with when such inquiry is made or such evidence is taken.

(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such inquiry or evidence shall be certified to such Court.

368.Power of High Court to confirm sentence or annul conviction.- In any case submitted under section 366, the High Court-

(a) may confirm the sentence, or pass any other sentence warranted by law, or

(b) may annul the conviction, and convict the accused of any offence of which the Court of Session might have convicted him, or order a new trial on the same or an amended charge, or

(c) may acquit the accused person:

Provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is disposed of.

369.Confirmation or new sentence to be signed by two Judges.- In every case so submitted, the confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them.

370.Procedure in case of difference of opinion.- Where any such case is heard before a Bench of Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by section 392.

371.Procedure in cases submitted to High Court for confirmation.- In cases submitted by the Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the High Court shall, without delay, after the order of confirmation or other order has been made by the High Court, send a copy of the order, under the seal of the HIGH Court and attested with his official signature, to the Court of Session.

CHAPTER XXIX

APPEALS

372.No appeals to lie unless otherwise provided.- No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or by any other law for the time being in force.

373.Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.- Any person,-

(i) who has been ordered under section 117 to give security for keeping the peace or for good behaviour, or

(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 121,

may appeal against such order to the Court of Session:

Provided that nothing in this section shall apply to persons the proceedings against whom are laid before a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 122.

374.Appeals from convictions.- (1) Any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other Court in which a sentence of imprisonment for more than seven years has been passed, may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person,-

(a) convicted on a trial held by a Metropolitan Magistrate or Assistant Sessions Judge or Magistrate of the first class, or of the second class, or

(b) sentenced under section 325, or

(c) in respect of whom an order has been made or a sentence has been passed under section 360 by any Magistrate,

may appeal to the Court of Session.

375.No appeal in certain cases when accused pleads guilty.- Notwithstanding anything contained in section 374, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no appeal,-

(a) if the conviction is by a High Court; or

(b) if the conviction is by a Court of Session, Metropolitan Magistrate or Magistrate of the first or second class, except as to the extent or legality of the sentence.

376.No appeal in petty cases.- Notwithstanding anything contained in section 374, there shall be no appeal by a convicted person in any of the following cases, namely:-

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of imprisonment for a term not exceeding three months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 260 passes only a sentence of fine not exceeding two hundred rupees:

Provided that an appeal may be brought against any such sentence if any other punishment is combined with it, but such sentence shall not be appealable merely on the ground-

(i) that the person convicted is ordered to furnish security to keep the peace; or

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed does not exceed the amount hereinbefore specified in respect of the case.

377.Appeal by the State Government against sentence.- (1) Save as otherwise provided in sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than a High Court, direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

(2)If such conviction is in a case in which the offence has been investigated by the Delhi Special Police Establishment, constituted under the Delhi Special Police Establishment Act, 1946, (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may direct the Public Prosecutor to present an appeal to the High Court against the sentence on the ground of its inadequacy.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the High Court shall not enhance the sentence except after giving to the accused a reasonable opportunity of showing cause against such enhancement and while showing cause, the accused may plead for his acquittal or for the reduction of the sentence.

378.Appeal in case of acquittal.- (1) Save as otherwise provided in sub-section (2) and subject to the provisions of sub-sections (3) and (5), the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of acquittal passed by any Court other than a High Court.

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may also direct the Public Prosecutor to present an appeal, subject to the provisions of sub-section (3), to the High Court from the order of acquittal.

(3) No appeal under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).

379.Appeal against conviction by High Court in certain cases.- Where the High Court has, on appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme Court.

380.Special right of appeal in certain cases.- Notwithstanding anything contained in this Chapter, when more persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

381.Appeal to Court of Session how heard.- (1) Subject to the provisions of sub-section (2), an appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be heard and disposed of by an Assistant Sessions Judge or a Chief Judicial Magistrate.

(2) An Additional Sessions Judge, Assistant Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the Sessions Judge of the division may, by general or special order, make over to him or as the High Court may, by special order, direct him to hear.

382.Petition of appeal.- Every appeal s all be made in the form of a petition in writing presented by the appellant or his pleader, and every such petition shall (unless the Court to which it is presented otherwise directs) be accompanied by a copy of the judgment or order appealed against)

383.Procedure when appellant in jail.- If the appellant is in jail, he may present his petition of appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon forward such petition and copies to the proper Appellate Court.

384.Summary dismissal of appeal.- (1) If upon examining the petition of appeal and copy of the judgment received under section 382 or section 383, the Appellate Court considers that there is no sufficient ground for interfering, it may dismiss the appeal summarily:

Provided that-

(a) no appeal presented under section 382 shall be dismissed unless the appellant or his pleader has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 383 shall be dismissed except after giving the appellant a reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that the appeal is frivolous or that the production of the accused in custody before the Court would involve such inconvenience as would be disproportionate in the circumstances of the case;

(c) no appeal presented under section 383 shall be dismissed summarily until the period allowed for preferring such appeal has expired.

(2) Before dismissing an appeal under this section, the Court may call for the record of the case.

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 383 has been dismissed summarily under this section and the Appellate Court finds that another petition of appeal duly presented under section 382 on behalf of the same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 393, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in accordance with law.

385.Procedure for hearing appeals not dismissed summarily.- (1) If the Appellate Court does not dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard to be given-

(i) to the appellant or his pleader;

(ii) to such officer as the State Government may appoint in this behalf;

(iii) if the appeal is from a judgment of conviction in a case instituted upon complaint, to the complainant;

(iv) if the appeal is under section 377 or section 378, to the accused, and shall also furnish such officer, complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not already available in that Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose of the appeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

386.Powers of the Appellate Court.- After perusing such record and hearing the appellant or his pleader, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 377 or section 378, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient ground for interfering, dismiss the appeal, or may-

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be made, or that the accused be retried or committed for trial, as the case may be, or find him guilty and pass sentence on him according to law;

(b) in an appeal from a conviction-

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for trial, or

(ii) alter the finding, maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, but not so as to enhance the same;

(c) in an appeal for enhancement of sentence-

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court competent to try the offence, or

(ii) alter the finding maintaining the sentence, or

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same;

(d) in an appeal from any other order, alter or reverse such order;

(e) make any amendment or any consequential or incidental order that may be just or proper:

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in its opinion the accused has committed, than might have been inflicted for that offence by the Court passing the order or sentence under appeal.

387.Judgments of subordinate Appellate Court.- The rules contained in Chapter XXVII as to the judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the judgment in appeal of a Court of Session or Chief Judicial Magistrate:

Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or required to attend, to hear judgment delivered.

388.Order of High Court on appeal to be certified to lower Court.- (1) Whenever a case is decided on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through the Chief Judicial Magistrate; and if such Court is that of an Executive Magistrate, the High Court's judgment or order shall be sent through the District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon makes such orders as are conformable to the judgment or order of the High Court; and, if necessary, the record shall be amended in accordance therewith.

389.Suspension of sentence pending the appeal; release of appellant on bail.- (1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.

(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,-

(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or

(ii)where the offence of which such person has been convicted is a bailable one, and he is on bail,

order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.

(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

390.Arrest of accused in appeal from acquittal.- When an appeal is presented under section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.

391.Appellate Court may take further evidence or direct it to be taken.-(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.

(3) The accused or his pleader shall have the right to be present when the additional evidence is taken.

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry.

392.Procedure where Judges of Court of Appeal are equally divided.- When an appeal under this Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion:


Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench of Judges.

393.Finality of judgments and orders on appeal.- Judgments and orders passed by an Appellate Court upon an appeal shall be final, except in the cases provided for in section 377, section 378, sub-section (4) of section 384 or Chapter XXX:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the Appellate Court may hear and dispose of, on the merits,-

(a) an appeal against acquittal under section 378, arising out of the same case, or

(b) an appeal for the enhancement of sentence under section 377, arising out of the same case.

394.Abatement of appeal.- (1) Every appeal under section 377 or section 378 shall finally abate on the death of the accused.
(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate on the death of the appellant:

Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, the appeal shall not abate.

Explanation.- In this section, "near relative" means a parent, spouse, lineal descendant, brother or sister.

CHAPTER XXX

REFERENCE AND REVISION

395.Reference to High Court.- (1) Where any Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High Court.

Explanation.- In this section, "Regulation" means any Regulation as defined in the General Clauses Act, 1897, (10 of 1897) or in the General Clauses Act of a State.

(2) A Court of Session or a Metropolitan Magistrate may, if it or he thinks fit in any case pending before it or him to which the provisions of sub-section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.

(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may, pending the decision of the High Court thereupon, either commit the accused to jail or release him on bail to appear when called upon.

396.Disposal of case according to decision of High Court.-(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order.

(2) The High Court may direct by whom the costs of such reference shall be paid.

397.Calling for records to exercise powers of revision.- (1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

Explanation.- All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of section 398.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them.

398.Power to order inquiry.- On examining any record under section 397 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 203 or sub-section (4) of section 204, or into the case of any person accused of an offence who has been discharged:

Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.

399.Sessions Judges powers of revision.- (1) In the case of any proceeding the record of which has been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised by the High Court under sub-section (1) of section 401.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 401 shall, so far as may be, apply to such proceeding and references in the said sub-sections to the High Court shall be constructed as references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

400.Power of Additional Sessions Judge.- An Additional Sessions Judge shall have and may exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be transferred to him by or under any general or special order of the Sessions Judge.

401.High Courts powers of revision.- (1) In the case of any proceeding the record of which has been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 386, 389, 390 and 391 or on a Court of Session by section 307 and, when the Judges composing the Court of revision are equally divided in opinion, the case shall be disposed of in the manner provided by section 392.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he has had an opportunity of being heard either personally or by pleader in his own defence.

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal into one of conviction.

(4) Where under this Code an appeal lies and no appeal is brought, no proceeding by way of revision shall be entertained at the instance of the party who could have appealed.

(5) Where under this Code an appeal lies but an application for revision has been made to the High Court by any person and the High Court is satisfied that such application was made under the erroneous belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court may treat the application for revision as a petition of appeal and deal with the same accordingly.

402.Power of High Court to withdraw or transfer revision cases.- (1) Whenever one or more persons convicted at the same trial makes or make application to a High Court for revision and any other person convicted at the same trial makes an application to the Sessions Judges for revision, the High Court shall decide, having regard to the general convenience of the parties and the importance of the questions involved, which of the two Courts should finally dispose of the applications for revision and when the High Court decides that all the applications for revision should be disposed of by itself, the High Court shall direct that the applications for revision pending before the Sessions Judge by transferred to itself and where the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct that the applications for revision made to it be transferred to the Sessions Judge.

(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with the same as if it were an application duly made before itself.

(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal with the same as if it were an application duly made before himself.

(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further application for revision shall lie to the High Court or to any other Court at the instance of the person or persons whose applications for revision have been disposed of by the Sessions Judge.

403.Option of Court to hear parties.- Save as otherwise expressly provided by this Code, no party has any right to be heard either personally or by pleader before any Court exercising its powers of revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally or by pleader.

404.Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court.- When the record of any trial held by a Metropolitan Magistrate is called for by the High Court or Court of Session under section 397, the Magistrate may submit with the record a statement setting forth the grounds of his decision or order and any facts which he thinks material to the issue; and the Court shall consider such statement before overruling or setting aside the said decision or order.

405.High Courts order to be certified to lower Court.- When a case is revised under this Chapter by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 388, certify its decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and the Court to which the decision or order is so certified shall thereupon make such orders as are conformable to the decision so certified; and, if necessary, the record shall be amended in accordance therewith.

CHAPTER XXXI

TRANSFER OF CRIMINAL CASES

406.Power to Supreme Court to transfer cases and appeals.- (1) Whenever it is made to appear to the Supreme Court that an order under this sections expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.

407.Power of High Court to transfer cases and appeals.- (1) Whenever it is made to appear to the High Court-

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto, or

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

(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice.

it may order-

(i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

(iii) that any particular case be committed for trial to a Court of Session; or

(iv) that any particular case or appeal be transferred to and tried before itself.

(2) The High Court may act either on the report of the lower Court, or on the application of a party interested, or on its own initiative:

Provided that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court in the same sessions division, unless an application for such transfer has been made to the Sessions Judge and rejected by him.

(3) Every application for order under sub-section (1) shall be made by motion, which shall,

CHAPTER XXXIV

DISPOSAL OF PROPERTY

451.Order for custody and disposal of property pending trial in certain cases.- When any property is produced before any Criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the Court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed of.

Explanation.- For the purposes of this section, "property" includes -

(a) property of any kind or document which is produced before the Court or which is in its custody,

(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence.

452.Order for disposal of property at conclusion of trial.- (1) When an inquiry or trial in any Criminal Court is concluded, the Court may make such order as it thinks fir for the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession thereof or otherwise, of any property or document produced before it or in its custody, or regarding which any offence appears to have been committed, or which has been used for the commission of any offence.

(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with or without sureties, to the satisfaction of the Court, engaging to restore such property to the Court if the order made under sub-section (1) is modified or set aside on appeal or revision.

(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in sections 457, 458 and 459.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section, the term "property" includes, in the case of property regarding which an offence appears to have been committed, not only such property as has been originally in the possession or under the control of any party, but also any property into or for which the same may have been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

453.Payment to innocent purchaser of money found on accused.- When any person is convicted of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any other person bought the stolen property from him without knowing or having reason to believe that the same was stolen, and that any money has on his arrest been taken out of the possession of the convicted person, the Court may, on the application of such purchaser and on the restitution of the stolen property to the person entitled to the possession thereof, order that out of such money a sum not exceeding the price paid by such purchaser be delivered to him.

454.Appeal against orders under section 452 or section 453.- (1) Any person aggrieved by an order made by a Court under section 452 or section 453, may appeal against it to the Court to which appeals ordinarily lie from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation or revision while dealing with the case in which the order referred to in sub-section (1) was made.

455.Destruction of libellous and other matter.- (1) On a conviction under section 292, section 293, section 501 or section 502 of the Indian Penal Code(45 of 1860), the Court may order the destruction of all the copies of the thing in respect of which the conviction was had, and which are in the custody of the Court or remain in the possession or power of the person convicted.

(2) The Court may, in like manner, on a conviction under section 272, section 273, section 274 or section 275 of the Indian Penal Code(45 of 1860), order the food, drink, drug or medical preparation in respect of which the conviction was had, to be destroyed.

456.Power to restore possession of immovable property.- (1) When a person is convicted of an offence attended by criminal force or show of force or by criminal intimidation, and it appears to the Court that, by such force or show of force or intimidation, any person has been is possessed of any immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that person after evicting by force, if necessary, any other person who may be in possession of the property:

Provided that no such order shall be made by the Court more than one month after the date of the conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or revision, as the case may be.

(3) Where an order has been made under sub-section (1), the provisions of section 454 shall apply in relation thereto as they apply in relation to an order under section 453.

(4) No order made under this section shall prejudice any right or interest to or in such immovable property which any person may be able to establish in a civil suit.

457.Procedure by Police upon seizure of property.- (1) Whenever the seizure of property by any police officer is reported to a Magistrate under the provisions of this Code, and such property is not produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to the possession thereof, or if such person cannot be ascertained, respecting the custody and production of such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto, to appear before him and establish his claim within six months from the date of such proclamation.

458.Procedure where no claimant appears within six months.- (1) If no person within such period establishes his claim to such property, and if the person in whose possession such property was found is unable to show that it was legally acquired by him, the Magistrate may by order direct that such property shall be at the disposal of the State Government and may be sold by that Government and the proceeds of such sale shall be dealt with in such manner as may be prescribed.

(2) An appeal shall lie against any such order to the Court to which appeals ordinarily lie from convictions by the Magistrate.

459.Power to sell perishable property.- If the person entitled to the possession of such property is unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such property is less than ten rupees, the Magistrate may at any time direct it to be sold; and the provisions of sections 457 and 458 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

CHAPTER XXXV

IRREGULAR PROCEEDINGS

460.Irregularities which do not vitiate proceedings.- If any Magistrate not empowered by law to do any of the following things, namely:-

(a) to issue a search-warrant under section 94;

(b) to order, under section 155, the police to investigate an offence;

(c) to hold an inquest under section 176;

(d) to issue process under section 187, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 190;

(f) to make over a case under sub-section (2) of section 192;

(g) to tender a pardon under section 306;

(h) to recall a case and try it himself under section 410; or

(i) to sell property under section 458 or section 459,

erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.

461.Irregularities which vitiate proceedings.- If any Magistrate, not being empowered by law in this behalf, does any of the following things, namely:-

(a) attaches and sells property under section 83;

(b) issues a search-warrant for a document, parcel or other thing in the custody of a postal or telegraph authority;

(c) demands security to keep the peace;

(d) demands security for good behaviour;

(e) discharges a person lawfully bound to be of good behaviour;

(f) cancels a bond to keep the peace;

(g) makes an order for maintenance;

(h) makes an order under section 133 as to a local nuisance;

(i) prohibits, under section 143, the repetition or continuance of a public nuisance;

(j) makes an order under Part C or Part D of Chapter X;

(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 190;

(l) tries an offender;

(m) tries an offender summarily;

(n) passes a sentence, under section 325, on proceedings recorded by another Magistrate;

(o) decides an appeal;

(p) calls, under section 397, for proceedings; or

(q) revises an order passed under section 446, his proceedings shall be void.

462.Proceedings in wrong place.- No finding, sentence or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.

463.Non-compliance with provisions of section 164 or section 281.- (1) If any Court before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the Magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the Indian Evidence pct, 1872, take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

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

464.Effect of omission to frame, or absence of, or error in, charge.- (1) No finding, sentence or order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in fact been occasioned thereby.

(2) If the Court of appeal, confirmation or revision is of opinion that a failure of justice has in fact been occasioned, it may-

(a) in the case of an omission to frame a charge, order that a charge be framed and that the trial be recommenced from the point immediately after the framing of the charge;

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon a charge framed in whatever manner it thinks fit:

Provided that if the Court is of opinion that the facts of the case are such that no valid charge could be preferred against the accused in respect of the facts proved, it shall quash the conviction.

465.Finding or sentence when reversible by reason of error, omission or irregularity.- (1) Subject to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent jurisdiction shall be reversed or altered by a Court of appeal, confirmation or revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this Code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has in fact been occasioned thereby.

(2) In determining whether any error, omission or irregularity in any proceeding under this Code, or any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court shall have regard to the fact whether the objection could not should have been raised at an earlier stage in the proceedings.

466.Defect or error not to make attachment unlawful.- No attachment made under this Code shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.

CHAPTER XXXVI

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

467.Definitions.- For the purposes of this Chapter, unless the context otherwise requires, "period of limitation" means the period specified in section 468 for taking cognizance of an offence.

468.Bar to taking cognizance after lapse of the period of limitation.- (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be -

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

469.Commencement of the period of limitation.- (1) The period of limitation, in relation to an offender, shall commence, -

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed shall be excluded.

470.Exclusion of time in certain cases.- (1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Explanation.- In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both the excluded.

(4) In computing the period of limitation, the time during which the offender:-

(a) has been absent from India or from any territory outside India which is under the administration of he Central Government, or

(b) has avoided arrest by absconding or concealing himself, shall be excluded.

471.Exclusion of date on which Court is closed.- Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.

Explanation.- A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.

472.Continuing offence.- In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

473.Extension of period of limitation in certain cases.- Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
CHAPTER XXXVII

MISCELLANEOUS

474.Trials before High Courts.- When an offence is tried by the High Court otherwise than under section 407, it shall, in the trial of the offence, observe the same procedure as a Court of Session would observe if it were trying the case.

475.Delivery to commanding officers of persons liable to be tried by Court-martial.- (1) The Central Government may make rules consistent with this Code and the Army Act, 1950, (46 of 1950)the Navy Act, 1957, (62 of 1957) and the Air Force Act, 1950, (45 of 1950) and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air force law, or such other law, shall be tried by a Court to which this Code applies or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Code applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a Court-martial.

Explanation.- In this section-

(a) "unit" includes a regiment, corps, ship, detachment, group, battalion or company,

(b) "Court-martial" includes any tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.

(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.

(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.

476.Forms.- Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.

477.Power of High Court to make rules.- (1) Every High Court may, with the previous approval of the State Government, make rules-

(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;

(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;

(d) any other matter which is required to be, or may be, prescribed.

(2) All rules made under this section shall be published in the Official Gazette.

478.Power to alter functions allocated to judicial and Executive Magistrates in certain cases.- If the State Legislature by a resolution so requires, the State Government may, after consultation with the High Court, by notification, direct that-
(a) references in section 108, 109 and 110 to a Judicial Magistrate of the first class shall be construed as references to an Executive Magistrate;

(b) references in sections 145 and 147 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.

479.Case in which Judge or Magistrate is personally interested.- No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.

Explanation.- A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed or any other place in which any other transaction material to the case is alleged to have occurred and made an inquiry in connection with the case.

480.Practising pleader not to sit as Magistrate in certain Courts.- No pleader who practises in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.

481.Public servant concerned in sale not to purchase or bid for property.- A public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property.

482.Saving of inherent powers of High Court.- Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

483.Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.-Every High Court shall so exercise its superintendence over the Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates.

484.Repeal and savings.- (1) The Code of Criminal Procedure, 1898, (5 of 1898) is hereby repealed.

(2) Notwithstanding such repeal,-

(a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898, (5 of 1898) as in force immediately before such commencement, (hereinafter referred to as the Old Code), as if this Code had not come into force:

Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code;

(b) all notifications published, proclamations issued, powers conferred, forms, prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Code;

(c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction or consent;

(d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of article 363 of the Constitution.

(3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is prescribed by this Code or provisions are made in this Code for the extension of time.

THE FIRST SCHEDULE

CLASSIFICATION OF OFFENCES

EXPLANATORY NOTE: (1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian Penal Code, but merely as indication of the substance of the section.

(2) In this Schedule, (I) the expression "Magistrate of the first class" and "Any Magistrate" include Metropolitan Magistrates but not Executive Magistrates; (ii) the word "cognizable" stands for "a police officer may arrest without warrant"; and (iii) the word "non-cognizable" stands for "a police officer shall not arrest without warrant".

I.- OFFENCES UNDER THE INDIAN PENAL CODE

Section Offence Punishment Cognizable or Bailable or By what Court non-cognizable non-bailable
1 2 3 4 5 6

109 Abetment of any offence, if Same as for According as According as Court by which
the act abetted is committed offence offence abetted offence offence abetted
in consequence, and where no abetted. is cognizable or abetted is is triable.
express provision is made for non-cognizable. Bailable or
its punishment. non-Bailable.


110 Abetment of any offence, if Ditto Ditto Ditto Ditto
the person abetted does the
act with a different intention
from that of the abettor.

111 Abetment of any offence, Same as for Ditto Ditto Ditto
when one act is abetted and a offence
different act is done; subject intended to be
to the proviso. abetted.

113 Abetment of any offence, Same as for Ditto Ditto Ditto
when an effect is caused by offence
the act abetted different from committed.
that intended by the abettor.

114 Abetment of any offence, if Ditto Ditto Ditto Ditto
abettor is present when
offence is committed.

115 Abetment of an offence, Imprisonment According as Non Bailable Court by which
punishable with death or for 7 years offence abetted offence abetted
imprisonment for life, if the and fine. is cognizable or is triable.
offence be not committed in non-cognizable.
consequence of the abetment.
If an act which causes harm Imprisonment Ditto Ditto Ditto
to be done in consequence of for 14 years
the abetment. and fine.

116 Abetment of an offence, Imprisonment Ditto Ditto Ditto
punishable with extending to a
imprisonment, if the offence quarter part of
be not committed in the longest
consequence of the abetment. term provided
for the
offence, or
fine, or both
If the abettor or the person Imprisonment
abetted be a public servant extending to Ditto Ditto Ditto
whose duty it is to prevent the half of the
offence. longest term
provided for
the offence,
or fine, or
both.

117 Abetting of an offence, Imprisonment Ditto Ditto Ditto
punishable with for 3 years, or
imprisonment, if the offence fine, or both.
be not committed in
consequence of the abetment.

118 Concealing a design to Imprisonment Ditto Non-Bailable Ditto
commit an offence for 7 years
punishable with death or and fine.
imprisonment for life, if the
offence be committed.
If the offence be not Imprisonment Ditto Bailable Ditto
committed. for 3 years
and fine.
119 A public servant concealing a Imprisonment Ditto According as Ditto
design to commit an offence extending to offence
which it is his duty to half of the abetted is
prevent, if the offence be longest term Bailable or
committed. provided for non-Bailable
the offence,
or fine, or
both.

If the offence be punishable Imprisonment Ditto Non-Bailable Ditto
with death or imprisonment of 10 years.
for life.

If the offence be not Imprisonment Ditto Bailable Ditto
committed. extending to a
quarter part of
the longest
term provided
for the
offence, or
fine, or both.


120 Concealing a design to Ditto Ditto According as Ditto
commit an offence offence
punishable with abetted is
imprisonment, if offence be Bailable or
committed. non-Bailable.

If the offence be not Imprisonment According as Bailable Court by which
committed extending to offence abetted offence abetted
one-eighth is cognizable or is triable.
part of the non-cognizable.
longest term
provided for
the offence,
or fine, or
both.

120B Criminal conspiracy to Same as for According as According as Court by which
commit an offence abetment of the offence offence abetment of the
punishable with death, the offence which is the which is offence which
imprisonment for life or which is the object of object of is the object of
rigorous imprisonment for a object of the conspiracy is conspiracy is conspiracy
term of 2 years or upwards conspiracy. cognizable or bail able or triable.
non-cognizable. non-Bailable.

Any other criminal Imprisonment Non-cognizable Bailable Magistrate of
conspiracy. for 6 months, the first class.
or fine, or
both.


121 Waging or attempting to Death, or Cognizable Non-Bailable Court of
wage war, or abetting the imprisonment Session.
waging of war, against the for life and
Government of India. fine.

121A Conspiring to commit certain Imprisonment Ditto Ditto Ditto
offences against the State. for life, or
imprisonment
for 10 years
and fine.

122 Collecting arms, etc., with the Imprisonment Ditto Ditto Ditto
intention of waging war for life, or
against the Government of imprisonment
India. for 10 year
and fine.

123 Concealing with intent to Imprisonment Ditto Ditto Ditto
facilitate a design to wage for 10 years
war. and fine.

124 Assaulting with intent to Imprisonment Ditto Ditto Ditto
facilitate a design to wage for 7 years
war. and fine.

124A Sedition. Imprisonment Ditto Ditto Ditto
for life and
fine, or
imprisonment
for 3 years
and fine, or
fine.

125 Waging war against any Imprisonment Cognizable Non-Bailable Court of
Asiatic power in alliance or at for life and Session.
peace with the Government fine, or
of India, or abetting the imprisonment
waging of such war. for 7 years
and fine, or
fine.

126 Committing depredation on Imprisonment Ditto Ditto Ditto
the territories of any power in for 7 years
alliance or at peace with the and fine, and
Government of India. forfeiture of
certain
property

127 Receiving property taken by Ditto Ditto Ditto Ditto
war or depredation mentioned
in sections 125 and 126.

128 Public servant voluntarily Imprisonment Ditto Ditto Ditto
allowing prisoner of State or for life, or
war in his custody to escape. imprisonment
for 10 years
and fine.

129 Public servant negligently Simple Ditto Bailable Magistrate of
suffering prisoner of State or imprisonment the first class.
war in his custody to escape. for 3 years
and fine.

130 Aiding escape of, rescuing or Imprisonment Ditto Non-Bailable Court of
harbouring, such prisoner, or for life, or Session.
offering any resistance to the imprisonment
recapture such prisoner. for 10 years
and fine.

CHAPTER VII OFFENCES RELATING TO THE ARMY,NAVY AND AIR FORCE



131 Abetting mutiny, or Imprisonment Cognizable Non-Bailable Court of
attempting to seduce an for life, or Session.
officer, soldier, sailor or imprisonment
airman from his allegiance or for 10 years
duty. and fine.

132 Abetment of mutiny, if Death, or Ditto Ditto Ditto
mutiny is committed in imprisonment
consequence thereof. for life, or
imprisonment
for 10 years
and fine.

133 Abetment of an assault by an Imprisonment Ditto Ditto Magistrate of
officer, soldier, sailor or for 3 years the first class.
airman on his superior and fine.
officer, when in the execution
of his office.

134 Abetment of such assault, if Imprisonment Cognizable Non-Bailable Magistrate of
the assault is committed. for 7 years the first class
and fine

135 Abetment of the desertion of Imprisonment Ditto Bailable Any
an officer, soldier, sailor or for 2 years, or Magistrate.
airman. fine, or both.

136 Harbouring such an officer, Imprisonment Cognizable Bailable Any
soldier, sailor or airman who for 2 years, or Magistrate.
has deserted. fine, or both.

137 Deserter concealed on board Fine of 500 Non-cognizable Ditto Ditto
merchant vessel, through rupees.
negligence of master or
person in charge thereof.

138 Abetment of act of Imprisonment Cognizable Ditto Ditto
insubordination by an officer, for 6 months,
soldier, sailor or airman, if or fine, or
the offence be committed in both.
consequence.

140 Wearing the dress or carrying Imprisonment Ditto Ditto Ditto
any token used by a soldier, for 3 months,
sailor or airman with intent or fine of 500
that it may be believed that he rupees, or
is such a soldier, sailor or both.
airman.

CHAPTER VIII OFFENCES AGAINST PUBLIC TRANQUILITY

143 Being member of an unlawful Imprisonment Cognizable Bailable Any
assembly. for 6 months, Magistrate.
or fine, or
both.

144 Joining an unlawful assembly Imprisonment Ditto Ditto Ditto
armed with any deadly for 2 years, or
weapon. fine,

145 Joining or continuing in an Ditto Ditto Ditto Ditto
unlawful assembly, knowing
that it has been commanded
to disperse.

147 Rioting. Ditto Ditto Ditto Ditto

148 Rioting, armed with deadly Imprisonment Ditto Ditto Magistrate of
weapon. for 3 years, or the first class.
fine, or both.

149 If an offence be committed The same as According as According as Court by which
by any member of an for the offence is offence is the offence is
unlawful assembly, every offence. cognizable or Bailable or triable.
other member of such non-cognizable. non-Bailable.
assembly shall be guilty of
the offence.

150 Hiring, engaging or The same as Cognizable Ditto Ditto
employing persons to take for a member
part in an unlawful assembly. of such
assembly, and
for any
offence
committed by
any member
of such
assembly.

151 Knowingly joining or Imprisonment Cognizable Bailable Any
continuing in any assembly of for 6 months, Magistrate.
five or more persons after it or fine, or
has been commanded to both.
disperse.

152 Assaulting or obstructing Imprisonment Ditto Ditto Magistrate of
public servant when for 3 years, or the first class.
suppressing riot, etc. fine, or both.

153 Wantonly giving provocation Imprisonment Ditto Ditto Magistrate of
with intent to cause riot, if for 1 year, or the first class.
rioting be committed. fine, or both.

If not committed. Imprisonment Ditto Ditto Magistrate of
for 6 months, the first class.
or fine, or
both.

153A Promoting enmity between Imprisonment Ditto Non-Bailable Ditto
classes. for 3 years,
fine, or both.

153B Imputations, assertions Imprisonment Ditto Ditto Ditto
prejudicial to national for 3 years, or
integration. fine, or both.


154 Owner or occupier of land Fine of 1,000 Non-cognizable Bailable Any
not giving information of riot, rupees. Magistrate.
ect.

155 Person for whose benefit or Fine Ditto Ditto Ditto
on whose behalf a riot takes
place not using all lawful
means to prevent it.

156 Owner or occupier of land Ditto Ditto Ditto Ditto
not giving information of riot,
ect.

157 Harbouring persons hired for Imprisonment Cognizable Ditto Ditto
an unlawful assembly. for 6 months,
or fine, or
both.

158 Being hired to take part in an Ditto Ditto Ditto Ditto
unlawful assembly or riot.

Or to go armed. Imprisonment Ditto Ditto Ditto
for 2 years, or
fine, or both.

160 Committing affray. Imprisonment Cognizable Bailable Any
for one Magistrate.
month, or fine
of 100 rupees,
or both.

161 Being or expecting to be a Imprisonment Cognizable Non-Bailable Magistrate of
public servant, and taking a for 3 years. the first class.
gratification other than legal Or fine, or
remuneration in respect of an both.
official act.

162 Taking a gratification in Ditto Ditto Ditto Ditto
order, by corrupt or illegal
means, to influence a public
servant.

163 Taking a gratification for the Simple Ditto Ditto Ditto
exercise of personal influence imprisonment
with a public servant. for 1 year, or
fine, or both.

164 Abetment by public servant Imprisonment Ditto Ditto Ditto
of the offences defined in the for 3 years, or
last two preceding clauses fine, or both.
with reference to himself.

165 Public servant obtaining any Ditto Ditto Ditto Ditto
valuable thing, without
consideration, from a person
concerned in any proceeding
or business transacted by
such public servant.

165A Punishment for abetment of Ditto Ditto Ditto Ditto
offences punishable under
section 161 or section 165.

166 Public servant disobeying a Simple Non-cognizable Bailable Ditto
direction of the law with imprisonment
intent to cause injury to any for 1 year, or
person. fine, or both.

167 Public servant framing an Imprisonment Cognizable Ditto Ditto
incorrect document with for 3 years, or
intent to cause injury. fine, or both.

168 Public servant unlawfully Simple Non-cognizable Ditto Ditto
engaging in trade. imprisonment
for 1 year, or
fine, or both.

169 Public servant unlawfully Simple Ditto Ditto Magistrate of
buying or bidding for imprisonment the first class.
property. for 2 years, or
fine, or both
and
confiscation
of property, if
purchased.

170 Personating a public servant. Imprisonment Cognizable Non-Bailable Any
for 2 years, or Magistrate.
fine, or both.

171 Wearing garb or carrying Imprisonment Ditto Bailable Ditto
token used by public servant for 3 months,
with fraudulent intent. or fine of 200
rupees, or
both.

171E Bribery. Imprisonment Non Bailable Magistrate of
for 1 year, or Cognizable the first class.
fine, or both,
or if treating
only, fine
only.

171F Undue influence at an Imprisonment Ditto Ditto Ditto
election. for one year,
or fine, or
both.

Personation at an election. Imprisonment Cognizable Ditto Ditto
for one year,
or fine, or
both.

171G False statement in connection Fine. Non-cognizable Ditto Ditto
with an election.

171H Illegal payments in Fine of 500 Ditto Ditto Ditto
connection with elections. rupees.

171I Failure to keep election Ditto Ditto Ditto Ditto
accounts.

172 Absconding to avoid service Simple Non-cognizable Bailable Any
of summons or other imprisonment Magistrate.
proceeding from a public for 1 month,
servant. or fine of 500
rupees, or
both.

If summons or notice require Simple Ditto Ditto Ditto
attendance in person, ect., in imprisonment
a Court of Justice. for 6 months,
or fine of
1,000 rupees,
or both.

173 Preventing the service or the Simple Ditto Ditto Ditto
affixing of any summons of imprisonment
notice, or the removal of it for 1 month
when it has been affixed, or or fine of 500
preventing a proclamation. rupees, or
both.

If summons, etc., require Simple Ditto Ditto Ditto
attendance in person, etc., in imprisonment
a Court of Justice. for 6 months,
or fine of
1,000 rupees,
or both.

174 Not obeying a legal order to Simple Non-cognizable Bailable Any
attend at a certain place in imprisonment Magistrate.
person or by agent, or for 1 month,
departing therefrom without or fine of 500
authority. rupees, or
both.

If the order requires personal Simple Ditto Ditto Ditto
attendance, etc., in a Court of imprisonment
Justice. for 6 months,
or fine of
1,000 rupees,
or both.

175. Intentionally omitting to Simple Ditto Ditto The Court in
produce a document to a imprisonment which the
public servant by a person for 1 month, offence is
legally bound to produce or or fine of 500 committed,
deliver such document. rupees, or subject to the
both. provisions of
Chapter XXVI;
or, if not
committed in a
Court, any
Magistrate.

If the document is required to Simple Ditto Ditto Ditto
be produced in or delivered to imprisonment
a Court of Justice. for 6 months,
or fine of
1,000 rupees,
or both.

176 Intentionally omitting to give Simple Ditto Ditto Ditto
notice or information to a imprisonment
public servant by a person for 1 month,
legally bound to give such or fine of 500
notice or information. rupees, or
both.

If the notice or information Simple Ditto Ditto Ditto
required respects the imprisonment
commission for an offence, for 6 months,
etc. or fine of
1,000 rupees,
or both.

If the notice or information is Imprisonment Ditto Ditto Ditto
required by an order passed for 6 months,
under sub-section (1) of or fine of
section 356 of this Code. 1,000 rupees,
or both.

177 Knowingly furnishing false Ditto Ditto Ditto Ditto
information to a public
servant.

If the information required Imprisonment Ditto Ditto Ditto
respects the commission of an for 2 years, or
offence, etc. fine, or both.

178 Refusing oath when duly Simple Non-cognizable Bailable The Court in
required to take oath by a imprisonment which the
public servant. for 6 months, offence is
or fine of committed,
1,000 rupees, subject to the
or both. provisions of
Chapter
XXVI.; or, if
not committed
in a Court, any
Magistrate.

179 Being legally bound to state Ditto Ditto Ditto Ditto
truth, and refusing to answer
questions.

180 Refusing to sign statement Simple Ditto Ditto Ditto
made to a public servant imprisonment
when legally required to do for 3 months,
so. or fine of 500
rupees, or
both.

181 Knowingly stating to a public Imprisonment Ditto Ditto Magistrate of
servant, on oath as true that for 3 years the first class.
which is false. and fine.

182 Giving false information to a Imprisonment Ditto Ditto Any
public servant in order to for 6 months, Magistrate.
cause him to use his lawful or fine of
power to the injury or 1,000 rupees,
annoyance of any person. or both.

183 Resistance to the taking of Ditto Ditto Ditto Ditto
property by the lawful
authority of a public servant.

184 Obstructing sale of property Imprisonment Ditto Ditto Ditto
offered for sale by authority for 1 month,
of a public servant. or fine of 500
rupees, or
both.

185 Bidding, by a person under a Imprisonment Ditto Ditto Ditto
legal incapacity to purchase it for 1 month,
for property at a lawfully or fine of 200
authorised sale, or bidding rupees, or
without intending to perform both.
the obligations incurred
thereby.

186 Obstructing public servant in Imprisonment Ditto Ditto Ditto
discharge of his public for 3 months,
functions. or fine of 500
rupees, or
both.

187 Omission to assist public Simple Ditto Ditto Ditto
servant when bound by law to imprisonment
give such assistance. for 1 month,
or fine of 200
rupees, or
both.

Wilfully neglecting to aid a Simple Non-cognizable Bailable Any
public servant who demands imprisonment Magistrate.
aid in the execution of for 6 months,
process, the prevention of or fine of 500
offences, etc. rupees, or
both.

188 Disobedience to an order Simple Cognizable Ditto Ditto
lawfully promulgated by a imprisonment
public servant, if such for one
disobedience causes month, or fine
obstruction, annoyance or of 200 rupees,
injury to persons lawfully or both.
employed.

If such disobedience causes Imprisonment Ditto Ditto Ditto
danger to human life, health for 6 months,
or safety, etc. or fine of
1,000 rupees,
or both.

189 Threatening a public servant Imprisonment Non-cognizable Ditto Ditto
with injury to him or one in for 2 years, or
whom he is interested, to fine, or both.
induce him to do or forbear to
do any official act.


190 Threatening any person to Imprisonment Ditto Ditto Ditto
induce him to refrain from for 1 year, or
making a legal application for fine, or both.
protection from injury.

CHAPTER XVIII- OFFENCES RELATING TO DOCUMENTS
AND TO PROPERTY MARKS

465 Forgery. Imprisonment for 2Non-cognizable Bailable Magistrate
years, or fine, or of the first
both. class.

466 Forgery of a record of a Court Imprisonment for 7Ditto Non-Bailable Ditto
of Justice or of a Registrar of years and fine.
Births, etc., kept by a public
servant.

467 Forgery of a valuable Imprisonment for Ditto Ditto Ditto
security, will or authority to life, or imprisonment
make or transfer any valuable for 10 years and fine.
security, or to receive any
money, etc.

When the valuable security is Ditto Cognizable Ditto Ditto
a promissory note of the
Central Government.

468 Forgery for the purpose of Imprisonment for 7Ditto Ditto Ditto
cheating. years and fine.

469 Forgery for the purpose of Imprisonment for 3Ditto Bailable Ditto
harming the reputation of any years and fine.
person or knowing that it is
likely to be used for that
purpose.

471 Using as genuine a forged Punishment for Ditto Ditto Ditto
document which is known to forgery of such
be forged. document.

When the forged document is Ditto Ditto Ditto Ditto
a promissory note of the
Central Government.


472 Making or counterfeiting a Imprisonment for Ditto Ditto Ditto
seal, plate, etc., with intent to life, or imprisonment
commit a forgery punishable for 7 years and fine.
under section 467 of the
Indian Penal Code, or
possessing with like intent
any such seal, plate, etc.,
knowing the same to be
counterfeit.

473 Making or counterfeiting a Imprisonment for 7Ditto Ditto Ditto
seal, plate, etc., with intent to years and fine.
commit a forgery section 467
of the Indian Penal Code, or
possessing with like intent
any such seal, plate, etc.,
knowing the same to be
counterfeit.

474 Having possession of a Imprisonment for 7Cognizable Bailable Magistrate
document, knowing it to be years and fine. of the first
forged, with intent to use it as class.
genuine; if the document is
one of the description
mentioned in section 466 of
the Indian Penal Code.

If the document is one of the Imprisonment for Non-cognizable Ditto Ditto
description mentioned in life, or imprisonment
section 467 of the Indian for 7 years and fine.
Penal Code.


475 Counterfeiting a device or Ditto Ditto Ditto Ditto
mark used for authenticating
documents described in
section 467 of the Indian
Penal Code, or possessing
counterfeit marked material.

476 Counterfeiting a device or Imprisonment for 7Ditto Non-Bailable Ditto
mark used for authenticating years and fine.
documents other than those
described in section 467 of
the Indian Penal Code, or
possessing counterfeit marked
material.

477 Fraudulently destroying or Imprisonment for Ditto Ditto Ditto
defacing, or attempting to life, or imprisonment
destroy or deface, or for 7 years and fine.
secreting, a will, etc.

477A Falsification of accounts. Imprisonment for 7Ditto Bailable Ditto
years, or fine, or
both.

482 Using a false property mark Imprisonment for 1Ditto Ditto Ditto
with intent to deceive or year, or fine, or both.
injure any person.


483 Counterfeiting a property Imprisonment for 2Ditto Ditto Ditto
mark used by another, with years, or fine, or
intent to cause damage or both.
injury.

484 Counterfeiting a property Imprisonment for 3Ditto Ditto Ditto
mark used by a public servant, years and fine.
or any mark used by him to
denote the manufacture,
quality, etc., of any property.


485 Fraudulently making or Imprisonment for 3Non-cognizable Bailable Magistrate
having possession of any die, years, or fine, or of the first
plate or other instrument for both. class.
counterfeiting any public or
private property mark.


486 Knowingly selling goods Imprisonment for 1Ditto Ditto Any
marked with a counterfeit year, or fine, or both. Magistrate.
property mark.

487 Fraudulently making a false Imprisonment for 3Ditto Ditto Ditto
mark upon any package or years, or fine, or
receptacle containing goods, both.
with intent to cause it to be
believed that it contains goods
which it does not contain, etc.


488 Making use of any such false Ditto Ditto Ditto Ditto
mark.

489 Removing, destroying or Imprisonment for 1Ditto Ditto Ditto
defacing property mark with year, or fine, or both.
intent to cause injury.

489A Counterfeiting currency-notes Imprisonment for Cognizable Non-Bailable Court of
or bank-notes. life, or imprisonment Session. for 10 years and fine.

489B Using as genuine forged or Ditto Ditto Ditto Ditto
counterfeit currency-notes or
bank-notes.

489C Possession of forged or Imprisonment for 7Ditto Bailable Ditto
counterfeit currency-notes or years, or fine, or
bank-notes. both.

489D Making or possessing Imprisonment for Ditto Non-Bailable Ditto
machinery, instrument or life, or imprisonment
material for forging or for 10 years and fine.
counterfeiting currency-notes
or bank-notes.

489E Making or using documents Fine of 100 rupeesNon-cognizable Bailable Any
resembling currency-notes or Magistrate.
bank-notes.

On refusal to disclose the Fine of 200 rupees.Non-cognizable Bailable Any
name and address of the Magistrate.
printer.

CHAPTER XIX- CRIMINAL BREACH OF CONTRACTS OF SERVICE


491 Being bound to attend on or Imprisonment for 3Non-cognizable Bailable Any
supply the wants of a person months, or fine of Magistrate.
who is helpless from youth, 200 rupees, or both.
unsoundness of mind or
disease, and voluntarily
omitting to do so.

CHAPTER XX- OFFENCES RELATING TO MARRIAGE



493 A man by deceit causing a Imprisonment for 10Non-cognizableNon-Bailable Magistrate
woman not lawfully married years and fine. of the first
to him to believe that she is class.
lawfully married to him and
to cohabit with him in that
belief.

494 Marrying again during the Imprisonment for 7Ditto Bailable Ditto
lifetime of a husband or wife. years and fine.


495 Same offence with Imprisonment for 10Ditto Ditto Ditto
concealment of the former years and fine.
marriage from the person with
whom subsequent marriage is
contracted.

496 A person with fraudulent Imprisonment for 7Ditto Ditto Ditto
intention going through the years and fine.
ceremony of being married,
knowing that he is not thereby
lawfully married.

497 Adultery. Imprisonment for 5Ditto Ditto Ditto
years, or fine, or
both.

498 Enticing or taking away or Imprisonment for 2Ditto Ditto Any
detaining with a criminal years, or fine, or Magistrate.
intent a married woman. both.

{Ins by Act 46 of Act 46 of 1983, s.6.}

CHAPTER XXA CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

498A Punishment for subjecting a Imprisonment for Cognizable if Non-Bailable Magistrate
married woman to cruelty. three years and fine.information of the first
relating to the class.]
commission of the
offence is given to
an officer in
charge of a police
Station by the
person aggrieved
by the offence or
by any person
related to her by
blood, marriage or
adoption or if
there is no such
relative, by any
public servant
belonging to such
class or category
as may be notified
by the State
Government in
this behalf.

CHAPTER XXI- DEFAMATION

500 Defamation against the Simple imprisonmentNon-cognizableBailable Court of
President or the Vice for 2 years, or fine, Session.
President or the Governor of a or both.
State or Administrator of a
Union territory or a Minister
in respect of his conduct in
the discharge of his public
functions when instituted
upon a complaint made by the
Public Prosecutor.

Defamation in any other case. Ditto Ditto Ditto Magistrate
of the first
class.

501 Printing or engraving Ditto Ditto Ditto Court of
matter knowing it to be Session.
defamatory against the
President or the Vice
President or the Governor
of a State or
Administrator of a Union
territory or a Minister in
respect of his conduct in
the discharge of his
public functions when
instituted upon a
complaint made by the
Public Prosecutor.

Printing or engraving Simple imprisonmentNon-CognizableBailable Magistrate
matter knowing it to be for 2 years, or fine, of the first
defamatory, in any other or both. class.
case.


502 Sale of printed or Ditto Ditto Ditto Court of
engraved substance Session.
containing defamatory
matter, knowing it to
contain such matter
against the President or
the Vice-President or the
Governor of a State or
Administrator of a Union
territory or a Minister in
respect of his conduct in
the discharge of his
public functions when
instituted upon a
complaint made by the
Public Prosecutor.

Sale of printed or Ditto Ditto Ditto Magistrate
engraved substance of the first
containing defamatory class.
matter, knowing it to
contain such matter in
any other case.

CHAPTER XXII- CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE

504 Insult intended to provoke Imprisonment for 2Non-cognizable Bailable Any
breach of the peace. years, or fine, or Magistrate.
both.

505 False statement, rumour, etc., Imprisonment for 3Ditto Non-Bailable Ditto
circulated with intent to cause years, or fine, or
mutiny or offence against the both.
public peace.

False statement, rumour, etc., Ditto Cognizable Ditto Ditto
with intent to create enmity,
hatred or ill-will between
different classes.

False statement, rumour, etc., Imprisonment for 5Ditto Ditto Ditto
made in place of worship, years and fine.
etc., with intent to create
enmity, hatred or ill-will.


506 Criminal intimidation. Imprisonment for 2Non-cognizable Bailable Any
years, or fine, or Magistrate.
both.

If threat be to cause death or Imprisonment for 7Non-cognizable Bailable Magistrate
grievous hurt, etc. years, or fine, or of the first
both. class.


STATE AMENDMENT
Uttar Pradesh :

Any offence punishable under Section 506, I.P.C.,When committedIn any district Of Uttar
Pradesh, shall be, notwithstanding anything contai ned in the Code Of Criminal Procedure,
1973, cognizable and non- Bailable.

[Vide Noti.No.777/VIII 9 -87 dated 31.7.1989, published in U.P. Gazette, Extra., Part
4(2) 89)].
-A, Section (Kha) dated 2.8.19
507 Imprisonment for 2Ditto Ditto Ditto
Criminal intimidation by years, in addition to
anonymous communication or the punishment under
having taken precaution to above section.
conceal whence the threat
comes.
508 Imprisonment for 1Ditto Ditto Any
Act caused by inducing a year, or fine, or both. Magistrate.
person to believe that he will
be rendered an object of
Divine displeasure.
509 Simple imprisonmentCognizable Ditto Ditto
Uttering any word or making for 1 year, or fine, or
any gesture intended to insult both.
the modesty of a woman, etc.
510 Simple imprisonmentNon-cognizableDitto Ditto
Appearing in a public place, for 24 hours, or fine
etc., in a state of intoxication, of 10 rupees, or both.
and causing annoyance to any
person.

CHAPTER XXIII- ATTEMPTS TO COMMIT OFFENCE


511 Imprisonment for lifeAccording as theAccording as The Court
Attempting to commit or imprisonment notoffence is the offence by which
offences punishable with exceeding half of thecognizable or nonattempted by the offence
imprisonment for life or longest term -cognizable. the offender attempted is
imprisonment, and in such provided for the is Bailable or triable.
attempt doing any act towards offence, or fine, or not.
the commission of the both.
offence.

II-CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS

Cognizable Non-Bailable Court of
If punishable with death, Session.
imprisonment for life, or
imprisonment for more than 7
years. Ditto Ditto Magistrate

If punishable with
of the first
imprisonment for 3 years, and
class.
upwards but not more than 7
years. Non-cognizable Bailable Any
If punishable withMagistrate.
imprisonment for less than 3
years or with fine only.
-------------------------

THE SECOND SCHEDULE

(See section 476)
_________

FORM NO.1

SUMMONS TO AN ACCUSED PERSON

(See section 61)

To (name of accused) of (address)

WHEREAS your attendance is necessary to answer to a charge of (state shortly the offence charged), you are hereby required to appear in person (or by pleader, as the case may be) before the (Magistrate) of
on the day of Herein fail not.

Dated, this day of ,19.
(Seal of the Court) (Signature)


__________

FORM NO.2

WARRANT OF ARREST

(See section 70)

To (name and designation of the person or persons who is or are to execute the warrant).

WHEREAS (name of accused) of (address) stands charged with the offence of (state the offence), you are hereby directed to arrest the said , and to produce him before me.Herein fail not.

Dated, this day of , 19 .
(Seal of the Court) (Signature)


(See section 71)

This warrant may be endorsed as follows:-

If the said shall give bail himself in the sum of rupees with one surety in the sum of rupees (or two sureties each in the sum of rupees ) to attend before me on the day
of and to continue so to attend until otherwise directed by me, he may be released.

Dated, this day of , 19.
(Seal of the Court) (Signature)



FORM NO.3

BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT

(See section 81)

I, (name), of , being brought before the District Magistrate of (or as the case may be) under a warrant issued to compel my appearance to answer to the charge of , do hereby bind myself to attend in the Court of on the day of next, to answer to the said charge, and to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I bind myself to forfeit, to Government, the sum of rupees
Dated, this day of ,19.
(Signature)

I do hereby declare myself surety for the above-named of , that he shall attend before
in the Court of on the day of next, to answer to the charge on which he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of his making default therein, I bind myself to forfeit, to Government, the sum of rupees

Dated, this day of ,19 .
(Signature)

_________

FORM NO.4

PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED

(See section 82)

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found, and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said of is required to appear at (place) before this Court (or before me) to answer the said complaint on the day of .

Dated, this day of , 19 .
(Seal of the Court) (Signature)

_________

FORM NO.5

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

(See sections 82, 87 and 90)

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of (mention the offence concisely) and a warrant has been issued to compel the attendance of (name, description and address of the witness) before this Court to be examined touching the matter of the said complaint; and whereas it has been returned to the said warrant that the said (name of witness) cannot be served, and it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant);

Proclamation is hereby made that the said (name) is required to appear at (place) before the Court of
on the day of next at o'clock, to be examined touching the offence complained of.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

__________

FORM NO.6

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS

(See section 83)

To the officer in charge of the police station at

WHEREAS a warrant has been duly issued to compel the attendance of (name, description and address) to testify concerning a complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear and give evidence at the time and place mentioned therein;

This is to authorise and require you to attach by seizure the movable property belonging to the said to the value of rupees which you may find within the District of and to hold the said property under attachment pending the further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

__________

FORM NO.7

ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED

(See section 83)

To (name and designation of the person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said to appear to answer the said charge within days; and whereas the said is possessed of the following property, other than land paying revenue to Government, in the village (or town), of , in the District of , viz., , and an order has been made for the attachment thereof;

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), or both*, of sub-section (2) of section 83, and to hold the same under attachment pending further order of this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

* Strike out the one which is not applicable, depending on the nature of the property to be attached.

___________

FORM NO.8

ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR

(See section 83)

To the District Magistrate / Collector of the District of

WHEREAS complaint has been made before me that (name, description and address) has committed (or is suspected to have committed) the offence of , punishable under section of the Indian Penal Code, and it has been returned to a warrant of arrest thereupon issued that the said (name) cannot be found; and whereas it has been shown to my satisfaction that the said (name) has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published requiring the said (name) to appear to answer the said charge within days; and whereas the said is possessed of certain land paying revenue to Government in the village (or town) of in the District of

You are hereby authorised and requested to cause the said land to be attached, in the manner specified in clause (a), or clause (c) , or both*, of sub-section (4) of section 83, and to be held under attachment pending the further order of this Court, and to certify without delay what you may have done in pursuance of this order.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

* Strike out the one which is not desired.

_____________

FORM NO.9

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS

(See section 87)

To (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS complaint has been made before me that (name and description of accused) of (address) has (or is suspected to have ) committed the offence of (mention the offence concisely), and it appears likely that (name and description of witness) can give evidence concerning the said complaint; and whereas I have good and sufficient reason to believe that he will not attend as a witness on the hearing of the said complaint unless compelled to do so;

This is to authorise and require you to arrest the said (name of witness), and on the day of to bring him before this Court, to be examined touching the offence complained of.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

__________

FORM NO.10

WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE

(See section 93)

To (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS information has been laid (or complaint has been made) before me of the commission (or suspected commission) of the offence of (mention the offence concisely), and it has been made to appear to me that the production of (specify the thing clearly) is essential to the inquiry now being made (or about to be made) into the said offence (or suspected offence);

This is to authorise and require you to search for the said (the thing specified) in the (describe the house or place or part thereof to which the search is to be confined), and, if found, to produce the same forthwith before this Court, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

____________

FORM NO.11

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT

(See section 94)

To (name and designation of a police officer above the rank of a constable).

WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to believe that the (describe the house or other place) is used as a place for the deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the purpose in the words of the section);

This is to authorise and require you to enter the said house (or other place) with such assistance as shall be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case may be) (add, when the case requires it) and also of any instruments and materials which you may reasonably believe to be kept for the manufacture forged documents, or counterfeit stamps, or false seals, or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this Court such of the said things as may be taken possession of, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

__________

FORM NO.12

BOND TO KEEP THE PEACE

(See sections 106 and 107)

WHEREAS I, (name), inhabitant of (Place), have been called upon to enter into a bond to keep the peace for the term of or until the completion of the inquiry in the matter of now pending in the Court of , I hereby bind myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, during the said term or until the completion of the said inquiry and, in case of my making default therein , I hereby bind myself to forfeit to Government the sum of rupees

Dated, this day of ,19 . (Signature)

___________

FORM NO.13

BOND FOR GOOD BEHAVIOUR

(See sections 108, 109 and 110)

WHEREAS I, (name), inhabitant of (place), have been called upon to enter into a bond to be of good behaviour to Government and all the citizens of India for the term of (state the period) or until the completion of the inquiry in the matter of now pending in the Court of , I hereby bind myself to be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of my making default therein, I hereby bind myself to forfeit to Government the sum of rupees

Dated, this day of ,19 . (Signature)

(Where a bond with sureties is to be executed, add ).

We do hereby declare ourselves sureties for the above-named that he will be of good behaviour to Government and all the citizens of India during the said term or until the completion of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to forfeit to Government the sum of rupees

Dated, this day of ,19 .
(Signature)
___________

FORM NO.14

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE

(See section 113)

To of

WHEREAS it has been made to appear to me by credible information that (state the substance of the information), and that you are likely to commit a breach of the peace (or by which act a breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly authorised agent) at the office of the Magistrate of on the day of 19 , at ten o'clock in the forenoon, to show cause why you should not be required to enter into a bond for rupees [when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) surety (or sureties) in the sum of rupees (each if more than one)], that you will keep the peace for the term of

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.15

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE

(See section 122)

To the officer in charge of the Jail at

WHEREAS (name and address) appeared before me in person (or by his authorised agent) on the day of in obedience to a summons calling upon him to show cause why he should not enter into a bond for rupees with one surety (or a bond with two sureties each in rupees ), that he, the said (name), would keep the peace for the period of months; and whereas an order was then made requiring the said (name) to enter into and find such security (state the security ordered when it differs from that mentioned in the summons), and he has failed to comply with the said order;

This is to authorise and require you to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

__________

FORM NO.16

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR

(See section 122)

To the officer in charge of the Jail at

WHEREAS it has been made to appear to me that (name and description) has been concealing his presence within the district of and that there is reason to believe that he is doing so with a view to committing a cognizable offence;

or

WHEREAS evidence of the general character of (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be);

And whereas an order has been recorded stating the same and requiring the said (name) to furnish security for his good behaviour for the term of (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees , and the said surety (or each of the said sureties) for rupees ,and the said (name) has failed to comply with the said order and for such default has been adjudged imprisonment for (state the term) unless the said security be sooner furnished;

This is to authorise and require you to receive the said (name) into your custody, together with this warrant and him safety to keep in the Jail, or if he is already in prison, be detained therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

_________

FORM NO.17

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See sections 122 and 123)

To the Officer in charge of the Jail at (or other officer in whose custody the person is).

WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day of 19 ; and has since duly given security under section of the Code of Criminal Procedure, 1973;

or

WHEREAS (name and description of prisoner) was committed to your custody under warrant of the Court, dated the day of 19 ; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community;

This is to authorise and require you forthwith to discharge the said (name) from your custody unless he is liable to be detained for some other cause.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

_____________

FORM NO.18

WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE

(See section 125)

To the Officer in charge of the Jail at

WHEREAS (name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife (name) [or his child (name) or his father or mother (name), who is by reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees ; and whereas it has been further proved that the said (name) in wilful disregard to the said order has failed to pay rupees , being the amount of the allowance for the month (or months) of ;

And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period of
;

This is to authorise and require you to receive the said (name) into your custody in the said Jail, together with this warrant, and there carry the said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.19

WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT
AND SALE

(See section 125)

To (name and designation of the police officer or other person to execute the warrant).

WHEREAS an order has been duly made requiring (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees , and whereas the said (name) in wilful disregard of the said order has failed to pay rupees , being the amount of the allowance for the month (or months) of ;

This is to authorise and require you to attach any movable property belonging to the said (name) which may be found within the district of , and if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.20

ORDER FOR THE REMOVAL OF NUISANCES

(See section 133)

To (name, description and address).

WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons using the public roadway (or other public place) which, etc., (describe the road or public place), by, etc., (state what it is that causes the obstruction or nuisance), and that such obstruction (or nuisance) still exists;

or

WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade or occupation of (state the particular trade or occupation and the place where it is carried on), and that the same is injurious to the public health (or comfort) by reason (state briefly in what manner the injurious effects are caused), and should be suppressed or removed to a different place;

or

WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the control over) a certain tank (or well or excavation) adjacent to the public way (describe the thoroughfare), and that the safety of the public is endangered by reason of the said tank (or well or excavation) being without a fence (or insecurely fenced);

or

WHEREAS, etc., etc., (as the case may be);

I do hereby direct and require you within (state the time allowed) (state what is required to be done to abate the nuisance) or to appear at in the Court of on the day of next, and to show cause why this order should not be enforced;

or

I do hereby direct and require you within (state the time allowed) to cease carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove the said trade from the place where it is now carried on, or to appear, etc.;

or

I do hereby direct and require you within (state the time allowed) to put up a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.;

or

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

Dated, this day of ,19 .
(Seal of the Court) (Signature)

_____________

FORM NO.21

MAGISTRATE NOTICE AND PEREMPTORY ORDER

(See section 141)

To (name, description and address).

I HEREBY give you notice that it has been found that the order issued on the day of requiring you (state substantially the requisition in the order) is reasonable and proper.Such order has been made absolute, and I hereby direct and require you to obey the said order within (state the time allowed), on peril of the penalty provided by the Indian Penal Code for disobedience thereto.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

_________

FORM NO.22

INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY

(See section 142)

To (name, description and address).

WHEREAS the inquiry into the conditional order issued by me on the day of , 19 , is pending, and it has been made to appear to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do hereby, under the provisions of section 142 of the Code of Criminal Procedure, 1973, direct and enjoin you forthwith to (state plainly what is required to be done as a temporary safeguard), pending the result of the inquiry.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

____________

FORM NO.23

MAGISTRATE'S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE

(See section 143)

To (name, description and address).

WHEREAS it has been made to appear to me that, etc.(state the proper recital, guided by Form No.20 or Form No.24, as the case may be );

I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.24

MAGISTRATE'S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC.

(See section 144)

To (name, description and address).

WHEREAS it has been made to appear to me that you are in possession (or have the management) of (describe clearly the property), and that, in digging a drain on the said land, you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so as to occasion risk of obstruction to persons using the road;

or

WHEREAS it has been made to appear to me that you and a number of other persons (mention the class of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be) and that such procession is likely to lead to a riot or an affray;

or

WHEREAS, etc., etc., (as the case may be);

I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on any part of the said road;

or

I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not to take any part in such procession (or as the case recited may require).

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.25

MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION
OF LAND, ETC., IN DISPUTE

(See section 145)

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said (name or names or description) is true; I do decide and declare that he is (or they are) in possession of the said (the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.26

WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF
LAND, ETC.

(See section 146)

To the officer in charge of the police station at
(or, To the Collector of ).

WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace existed between (describe the parties concerned byname and residence, or residence only if the dispute be between bodies of villagers) concerning certain (state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said (the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid);

This is to authorise and require you to attach the said (the subject of dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtained, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.27

MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND ON
WATER

(See section 147)

A DISPUTE having arisen concerning the right of use of (state concisely the subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by (describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is capable of being enjoyed");

I do order that the said (the claimant or claimants of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________


FORM NO.28

BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER

(See section 169)

I, (name), of , being charged with the offence of , and after inquiry required to appear before the Magistrate of

or

and after inquiry called upon to enter into my own recognizance to appear when required, do hereby bind myself to appear at , in the Court of , on the day of next (or on such day as I may hereafter be required to attend) to answer further to the said charge, and in case of my making default herein, I bind myself to forfeit to Government, the sum of rupees

Dated, this day of ,19 .
(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or sureties) for the above said (name) that he shall attend at in the Court of , on the day of
next (or on such day as he may hereafter be required to attend), further to answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself (or we hereby bind ourselves) to forfeit to Government the sum of rupees

Dated, this day of ,19 .
(Signature)

___________


FORM NO.29

BOND TO PROSECUTE OR GIVE EVIDENCE

(See section 170)

I, (name), of (place) , do hereby bind myself to attend at in the Court of at o'clock on the day of next and then and there to prosecute (or to prosecute and give evidence) (or to give evidence) in the matter of a charge of against one A.B., and, in case of making default herein, I bind myself to forfeit to Government the sum of rupees

Dated, this day of ,19 .
(Signature)

___________

FORM NO.30

SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE

(See section 206)

To

(Name of the accused)

of (address)

WHEREAS your attendance is necessary to answer a charge of a petty offence (state shortly the offence charged), you are hereby required to appear in person (or by pleader) before (Magistrate ) of on the day of 19 , or if you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the aforesaid date the plea of guilty in writing and the sum of rupees as fine, or if you desire to appear by pleader and to plead guilty through such pleader, to authorise such pleader in writing to make such a plea of guilty on your behalf and to pay the fine through such pleader.Herein fail not.

Dated, this day of ,19 .
(Seal of the Court) (Signature)


(Note.- The amount of fine specified in this summons shall not exceed one hundred rupees.)

___________

FORM NO.31

NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR

(See section 209)

The Magistrate of hereby gives notice that he has committed one for trial at the next Sessions; and the Magistrate hereby instructs the Public Prosecutor to conduct the prosecution of the said case.

The charge against the accused is that, etc.(state the offence as in the charge).

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.32

CHARGES

(See sections 211, 212 and 213)

I.CHARGES WITH ONE HEAD

(1) (a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows:-

(b) that you, on or about the day of , at , waged war against the Government of India and thereby committed an offence punishable under section 121 (On section 121) of the Indian Penal Code, and within the cognizance of this Court.

(c) And I hereby direct that you be tried by this Court on the said charge.

(Signature and Seal of the Magistrate)

[To be substituted for (b) ]:-

(2) That you, on or about the day of , at , with the intention of inducing the President of India [or, as the case may be, the Governor of (name of State)] to refrain from exercising a lawful power as such President (or, as the case may be, the Governor), assaulted President (or, as the case maybe, the Governor), and thereby committed an offence punishable under section 124 (On section 124) of the Indian Penal Code, and within the cognizance of this Court.

(3) That you, being a public servant in the Department, directly accepted from (state the name) for another party (state the name) gratification other than legal remuneration, as a motive for forbearing to do an official act, and thereby committed an offence punishable under section 161 (On section 161) of the Indian Penal Code, and within the cognizance of this Court.

(4) That you, on or about the day of , at , did (or omitted to do, as the case may be) , such conduct being contrary to the provisions of Act , section , and known by you to be prejudicial to , and thereby committed an offence punishable under section 166 (On section 166) of the Indian Penal Code, and within the cognizance of this Court.

(5) That you, on or about the day of , at , in the course of the trial of before
, stated in evidence that " " which statement you either knew or believed or be false, or did not believe to be true, and thereby committed an offence punishable under section 193 (On section 193) of the Indian Penal Code, and within the cognizance of this Court.

(6) That you, on or about the day of , at , committed culpable homicide not amounting to murder, causing the death of , and thereby committed an offence punishable under section 304 (On section 304) of the Indian Penal Code, and within the cognizance of this Court.

(7) That you, on or about the day of , at , abetted the commission of suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under section 306 (On section 306) of the Indian Penal Code, and within the cognizance of this Court.

(8) That you, on or about the day of , at , voluntarily caused grievous hurt to , and thereby committed an offence punishable under section 325 (On section 325) of the Indian Penal Code, and within the cognizance of this Court.

(9) That you, on or about the day of , at , robbed (state the name), and thereby committed an offence punishable under section 392 (On section 392) of the Indian Penal Code, and within the cognizance of this Court.

(10) That you, on or about the day of , at , committed dacoity, an offence punishable under section 395 (On section 395) of the Indian Penal Code, and within the cognizance of this Court.

II.CHARGES WITH TWO OR MORE HEADS

(1) (a) I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows:-

(b) First - That you, on or about the day of , at , knowing a coin to be counterfeit, delivered the same to another person, by name, A.B., as genuine, and thereby committed an offence punishable under section 241 (On section 241) of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly- That you, on or about the day of , at , knowing a coin to be counterfeit attempted to induce another person, by name, A.B., to receive it as genuine, and thereby committed an offence punishable under section 241 of the Indian Penal Code, and within the cognizance of the Court of Session.

(c) And I hereby direct that you be tried by the said Court on the said charge.

(Signature and seal of the Magistrate)

[To be substituted for (b)];-

(2) First - That you, on or about the day of , at , committed murder by causing the death of , and thereby committed an offence punishable under section 302 (On sections 302 and 304) of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly- That you, on or about the day of , at , by causing the death of , committed culpable homicide not amounting to murder, and thereby committed an offence punishable under section 304 of the Indian Penal Code, and within the cognizance of the Court of Session.

(3) First- That you, on or about the day of , at , committed theft, and thereby committed an offence punishable under section 379 (On sections 379 and 382) of the Indian Penal Code, and within the cognizance of the Court of Session.

Secondly- That you, on or about the day of , at , committed theft, having made preparation for causing death to a person in order to the committing of such theft and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Thirdly- That you, on or about the day of , at , committed theft, having made preparation for causing restraint to a person in order to the effecting of your escape after the committing of such theft, and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

Fourthly- That you, on or about the day of , at , committed theft, having made preparation for causing fear of hurt to a person in order to the retaining of property taken by such theft and thereby committed an offence punishable under section 382 of the Indian Penal Code, and within the cognizance of the Court of Session.

(4) That you, on or about the day of , at , in the course of the inquiry into , before , stated in evidence that " ", and that you, on or about the day of , at
, in the course of the trial of , before , stated in the evidence that " ", one of which statements you either knew or believed to be false, or did not believe to be true, and thereby committed an offence punishable under section 193 (Alternative change on section 193) of the Indian Penal Code, and within the cognizance of the Court of Session.

(In cases tried by Magistrate substitute "within my cognizance", for "within the cognizance of the Court of Session").

III.CHARGES FOR THEFT AFTER PREVIOUS CONVICTION

I, (name and office of Magistrate, etc.), hereby charge you (name of accused person) as follows:-

That you, on or about the day of , at , committed theft, and thereby committed an offence punishable under section 379 of the Indian Penal Code, and within the cognizance of the Court of Session (or Magistrate, as the case may be).

And you, the said (name of accused), stand further charged that you, before the committing of the said offence, that is to say, on the day of had been convicted by the (state Court by which conviction was had) at of an offence punishable under Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, that is to say, the offence of house-breaking by night (describe the offence in the words used in the section under which the accused was convicted), which conviction is still in full force and effect, and that you are thereby liable to enhanced punishment under section 75 of the Indian Penal Code.

And I hereby direct that you be tried, etc.

__________

FORM NO.33

SUMMONS TO WITNESS

(See sections 61 and 244)

To

WHEREAS complaint has been made before me that (name of the accused) of (address) has (or is suspected to have) committed the offence of (state the offence concisely with time and place), and it appears to me that you are likely to give material evidence or to produce any document or other thing for the prosecution;

You are hereby summoned to appear before this Court on the day of next at ten o'clock in the forenoon, to produce such document or thing or to testify what you know concerning the matter of the said complaint, and not to depart thence without leave of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear on the said date ,a warrant will be issued to compel your attendance.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.34

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR FINE IF PASSED

BY A MAGISTRATE

(See sections 248 and 255)

To the Officer in charge of the Jail at .

WHEREAS on the day of , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 , was convicted before me (name and official designation) of the offence of (mention the offence or offences concisely under section (or sections) of the Indian Penal Code (or of Act ), and was sentenced to (state the punishment fully and distinctly);

This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________
FORM NO.35

WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION

(See section 250)

To the Officer in charge of the Jail at

WHEREAS (name and description) has brought against (name and description of the accused person) the complaint that (mention it concisely) and the same has been dismissed on the ground that there was no reasonable ground for making the accusation against the said (name) and the order of dismissal awards payment by the said (name of complainant) of the sum of rupees as compensation; and whereas the said sum has not been paid and an order has been made for his simple imprisonment in Jail for the period of days, unless the aforesaid sum be sooner paid;

This is to authorise and require you to receive the said (name) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), subject to the provisions of section 69 of the Indian Penal Code, unless the said sum be sooner paid, and on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________


FORM NO.36

ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO
CHARGE OF OFFENCE

(See section 267)

To

The Officer in charge of the Jail at

WHEREAS the attendance of (name of prisoner) at present confined detained in the above-mentioned prison, is required in this Court to answer to a charge of (state shortly the offence charged) or for the purpose of a proceeding (state shortly the particulars of the proceeding);

You are hereby required to produce the said under safe and sure conduct before this Court on the day of , 19 , by A.M.there to answer to the said charge, or for the purpose of the said proceeding, and after this Court had dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof.

Dated, this day of ,19 .
(Seal of the Court) (Signature)
Countersigned.

(Seal) (Signature)

___________


FORM NO.37

ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR
GIVING EVIDENCE

(See section 267)

To

The Officer in charge of the Jail at

WHEREAS complaint has been made before this Court that (name of the accused) of has committed the offence of (state offence concisely with time and place) and it appears that (name of prisoner) at present confined / detained in the above-mentioned prison, is likely to give material evidence for the prosecution / defence;

You are hereby required to produce the said under safe and sure conduct before this Court at on the day of , 19 , by A.M.there to give evidence in the matter now pending before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said of the contents of this order and deliver to him the attached copy thereof.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

Countersigned.

(Seal) (Signature)

___________

FORM NO.38

WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE
IS IMPOSED

(See section 345)

To the Officer in charge of the Jail at

WHEREAS at a Court held before me on this day (name and description of the offender) in the presence (or view) of the Court committed wilful contempt;

And whereas for such contempt the said (name of the offender) has been adjudged by the Court to pay a fine of rupees, or in default to suffer simple imprisonment for the period of (state the number of months or days);

This is to authorise and require you to receive the said (name of offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment), unless the said fine be sooner paid; and, on the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.39

MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING
TO ANSWER OR TO PRODUCE DOCUMENT

(See section 349)

To (name and designation of officer of Court)

WHEREAS (name and description), being summoned (or brought before this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly recorded, or having been called upon to produce any document has refused to produce such document, without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in custody for (term of detention adjudged);

This is to authorise and require you to take the said (name) into custody, and him safely to keep in your custody for the period of days, unless in the meantime he shall consent to the examined and to answer the questions asked of him, or to produce the document called for from him, and on the last of the said days, or forthwith on such consent being known, to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.40

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH

(See section 366)

To the Officer in charge of the Jail at .

WHEREAS at the Session held before me on the day of , 19, (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the said Session, was duly convicted of the offence of culpable homicide amounting to murder under section of the Indian Penal Code, and sentenced to death, subject to the confirmation of the said sentence by the Court, of

This is to authorise and require you to receive the said (prisoner's name) into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall receive the further warrant or order of this Court, carrying into effect the order of the said Court.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________


FORM NO.41

WARRANT AFTER A COMMUTATION OF A SENTENCE

(See section 386)

To the Officer in charge of the Jail at .

WHEREAS at a Session held on the day of , 19 , (name of prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the said Session, was convicted of the offence of , punishable under section of the Indian Penal Code, and sentenced to , and was thereupon committed to your custody; and whereas by the order of the
Court of ( a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life;

This is to authorise and require you safely to keep the said (prisoner's name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life under the said order,

or

if the mitigated sentence is one of imprisonment, say, after the words "custody in the said Jail", "and there to carry into execution the punishment of imprisonment under the said order according to law".

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________


FORM NO.42

WARRANT OF EXECUTION OF A SENTENCE OF DEATH

(See section 414)

The Officer in charge of the Jail at .

WHEREAS (name of prisoner), the (1st , 2nd , 3rd, as the case may be) prisoner in case No. of the Calendar for 19 at the Session held before me on the day of , 19 , has been by a warrant of the Court, dated the day of , committed to your custody under sentence of death; and whereas the order of the High Court at confirming the said sentence has been received by this Court;

This is to authorise and require you to carry the said sentence into execution by causing the said to be hanged by the neck until he be dead, at (time and place of execution), and to return this warrant to the Court with an endorsement certifying that the sentence has been executed.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________


FORM NO.43

WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE

(See section 421)

To (name and designation of the police officer or other person or persons who is or are to execute the warrant).

WHEREAS (name and description of the offender) was on the day of , 19 , convicted before me of the offence of (mention the offence concisely), and sentenced to pay a fine of rupees ; and whereas the said (name),although required to pay the said fine, has not paid the same or any part thereof;

This is to authorise and require you to attach any movable property belonging to the said (name), which may be found within the district of ; and, if within (state the number of days or hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________


FORM NO.44

WARRANT FOR RECOVERY OF FINE

(See section 421)

To the Collector of the district of .

WHEREAS (name, address and description of the offender) was on the day of , 19 , convicted before me of the offence of (mention the offence concisely), and sentenced to pay a fine of rupees ; and

WHEREAS the said (name), although required to pay the said fine, has not paid the same or any part thereof;

You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue from the movable or immovable property, or both, of the said (name) and to certify without delay what you may have done in pursuance of this order.

Dated, this day of ,19 .
(Seal of the Court) (Signature)

___________

FORM NO.45

BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE
STATION OR COURT

[See sections 436, 437, 438 (3) and 441]

I, (name), of (place), having been arrested or detained without warrant by the Officer in charge of police station (or having been brought before the Court of ), charged with the offence of , and required to give security for my attendance before such Officer or Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to Government the sum of rupees

Dated, this day of ,19 .
(Signature)
I hereby declare myself (or we jointly and severally declare ourselves and each of us ) surety (or sureties) for the above said (name) that he shall attend the Officer in charge of police station or the Court of on every day on which any investigation into the charge is made or any trial on such charge is held, that he shall be, and appear, before such officer or Court for the purpose of such investigation or to answer the charge against him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby bind ourselves) to forfeit to Government the sum of rupees

Dated, this day of ,19 .
(Signature)

___________


FORM NO.46

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See section 442)

To the Officer in charge of the Jail at

(or other officer in whose custody the person is)

WHEREAS (name and description of prisoner) was committed to your custody under warrant of this Court, dated the day of , and has since with his surety (or sureties) duly executed a bond under section 441 of the Code of Criminal Procedure;

This is to authorise and require you forthwith to discharge the said (name) from your custody, unless he is liable to be detained for some other matter.

Dated, this day of ,19 .
(Seal of the Court) (Signature)