THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Index

THE BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023

Arrangement of sections

SECTION

CHAPTER I

PRELIMINARY

  1. Short title, extent and commencement.
  2. Definitions.
  3. Construction of references.
  4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.
  5. Saving.

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

  1. Classes of Criminal Courts.
  2. Territorial divisions.
  3. Court of Session.
  4. Courts of Judicial Magistrates.
  5. Chief Judicial Magistrate and Additional Chief Judicial
    Magistrate, etc.
  6. Special Judicial Magistrates.
  7. Local Jurisdiction of Judicial Magistrates.
  8. Subordination of Judicial Magistrates.
  9. Executive Magistrates.
  10. Special Executive Magistrates.
  11. Local Jurisdiction of Executive Magistrates.
  12. Subordination of Executive Magistrates.
  13. Public Prosecutors.
  14. Assistant Public Prosecutors
  15. Directorate of Prosecution.

CHAPTER III

POWER OF COURTS

  1. Courts by which offences are triable.
  2. Sentences which High Courts and Sessions Judges may
    pass.
  3. Sentences which Magistrates may pass.
  1. Sentence of imprisonment in default of fine.
  2. Sentence in cases of conviction of several offences at one trial.
  3. Mode of conferring powers.
  4. Powers of officers appointed.
  5. Withdrawal of powers.
  6. Powers of Judges and Magistrates exercisable by their
    successors-in-office.

CHAPTER IV

POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE
MAGISTRATES AND THE POLICE

  1. Powers of superior officers of police.
  2. Public when to assist Magistrates and police.
  3. Aid to person, other than police officer, executing
    warrant.
  4. Public to give information of certain offences.
  5. Duty of officers employed in connection with affairs of a village
    to make certain report.

CHAPTER V

ARREST OF PERSONS

  1. When police may arrest without warrant.
  2. Procedure of arrest and duties of officer making arrest.
  3. Designated Police Officer.
  4. Right of arrested person to meet an advocate of his choice during
    interrogation.
  5. Arrest on refusal to give name and residence.
  6. Arrest by private person and procedure on such arrest.
  7. Arrest by Magistrate.
  8. Protection of members of Armed Forces from arrest.
  9. Arrest how made.
  10. Search of place entered by person sought to be arrested.
  11. Pursuit of offenders into other jurisdictions.
  12. No unnecessary restraint.
  13. Person arrested to be informed of grounds of arrest and of right
    to bail.
  14. Obligation of person making arrest to inform about arrest, etc.,
    to relative or friend.
  15. Search of arrested person.
  16. Power to seize offensive weapons.
  17. Examination of accused by medical practitioner at request of
    police officer.
  18. Examination of person accused of rape by medical
    practitioner.
  19. Examination of arrested person by medical officer.
  20. Identification of person arrested.
  21. Procedure when police officer deputes subordinate to arrest
    without warrant.
  22. Health and safety of arrested person.
  23. Person arrested to be taken before Magistrate or officer in
    charge of police station.
  1. Person arrested not to be detained more than twenty-four
    hours.
  2. Police to report apprehensions.
  3. Discharge of person apprehended.
  4. Power, on escape, to pursue and retake.
  5. Arrest to be made strictly according to Sanhita.

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A—Summons

  1. Form of summons.
  2. Summons how served.
  3. Service of summons on corporate bodies, firms, and societies.
  4. Service when persons summoned cannot be found.
  5. Procedure when service cannot be effected as before provided.
  6. Service on Government servant.
  7. Service of summons outside local limits.
  8. Proof of service in such cases and when serving officer not present.
  9. Service of summons on witness.

B.—Warrant of arrest

  1. Form of warrant of arrest and duration.
  2. Power to direct security to be taken.
  3. Warrants to whom directed.
  4. Warrant may be directed to any person.
  5. Warrant directed to police officer.
  6. Notification of substance of warrant.
  7. Person arrested to be brought before Court without delay.
  8. Where warrant may be executed.
  9. Warrant forwarded for execution outside jurisdiction.
  10. Warrant directed to police officer for execution outside Jurisdiction.
  11. Procedure on arrest of person against whom warrant issued.
  12. Procedure by Magistrate before whom such person arrested is brought.

C.—Proclamation and attachment

  1. Proclamation for person absconding.
  2. Attachment of property of person absconding.
  3. Identification and attachment of property of proclaimed person.
  4. Claims and objections to attachment.
  5. Release, sale and restoration of attached property.
  6. Appeal from order rejecting application for restoration of attached property.

D.—Other rules regarding processes

  1. Issue of warrant in lieu of, or in addition to, summons.
  2. Power to take bond or bail bond for appearance
  3. Arrest on breach of bond or bail bond for appearance.
  4. Provisions of this Chapter generally applicable to summons and warrants of arrest.

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

  1. Summons to produce document or other thing.
  2. Procedure as to letters.

B.—Search-warrants

  1. When search-warrant may be issued.
  2. Search of place suspected to contain stolen property, forged documents, etc.
  3. Power to declare certain publications forfeited and to issue search-warrants for same.
  4. Application to High Court to set aside declaration of forfeiture.
  5. Search for persons wrongfully confined.
  6. Power to compel restoration of abducted females.

C.- General provisions relating to searches

  1. Direction, etc., of search-warrants.
  2. Persons in charge of closed place to allow search.
  3. Disposal of things found in search beyond jurisdiction.

D.—Miscellaneous

  1. Recording of search and seizure through audio-video electronic means.
  2. Power of police officer to seize certain property.
  3. Attachment, forfeiture or restoration of property.
  4. Magistrate may direct search in his presence.
  5. Power to impound document, etc., produced.
  6. Reciprocal arrangements regarding processes.

CHAPTER VIII

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

  1. Definitions.
  2. Letter of request to competent authority for investigation in a country or place outside India.
  3. Letter of request from a country or place outside India to a Court or an authority for investigation in India.
  4. Assistance in securing transfer of persons.
  5. Assistance in relation to orders of attachment or forfeiture of property.
  6. Identifying unlawfully acquired property.
  7. Seizure or attachment of property.
  8. Management of properties seized or forfeited under this Chapter.
  9. Notice of forfeiture of property.
  10. Forfeiture of property in certain cases.
  11. Fine in lieu of forfeiture.
  12. Certain transfers to be null and void.
  13. Procedure in respect of letter of request.
  14. Application of this Chapter.

CHAPTER IX

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

  1. Security for keeping peace on conviction.
  2. Security for keeping peace in other cases.
  3. Security for good behaviour from persons disseminating certain matters.
  4. Security for good behaviour from suspected persons.
  5. Security for good behaviour from habitual offenders.
  6. Order to be made.
  7. Procedure in respect of person present in Court.
  8. Summons or warrant in case of person not so present.
  9. Copy of order to accompany summons or warrant.
  10. Power to dispense with personal attendance.
  11. Inquiry as to truth of information.
  12. Order to give security.
  13. Discharge of person informed against.
  14. Commencement of period for which security is required.
  15. Contents of bond.
  16. Power to reject sureties.
  17. Imprisonment in default of security.
  18. Power to release persons imprisoned for failing to give security.
  19. Security for unexpired period of bond.

CHAPTER X

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

  1. Order for maintenance of wives, children and parents.
  2. Procedure.
  3. Alteration in allowance.
  4. Enforcement of order of maintenance.

CHAPTER XI

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

  1. Dispersal of assembly by use of civil force.
  2. Use of armed forces to disperse assembly.
  3. Power of certain armed force officers to disperse assembly.
  4. Protection against prosecution for acts done under sections 148, 149 and 150.

B.—Public nuisances

  1. Conditional order for removal of nuisance.
  2. Service or notification of order.
  3. Person to whom order is addressed to obey or show cause.
  4. Penalty for failure to comply with section 154.
  5. Procedure where existence of public right is denied.
  6. Procedure where person against whom order is made under section 152 appears to show cause.
  7. Power of Magistrate to direct local investigation and examination of an expert.
  8. Power of Magistrate to furnish written instructions, etc.
  9. Procedure on order being made absolute and consequences of disobedience.
  10. Injunction pending inquiry.
  11. Magistrate may prohibit repetition or continuance of public nuisance.

C.—Urgent cases of nuisance or apprehended danger

  1. Power to issue order in urgent cases of nuisance or apprehended danger.

D.—Disputes as to immovable property

  1. Procedure where dispute concerning land or water is likely to cause breach of peace.
  2. Power to attach subject of dispute and to appoint receiver.
  1. Dispute concerning right of use of land or water.
  2. Local Inquiry.

CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

  1. Police to prevent cognizable offences.
  2. Information of design to commit cognizable offences
  3. Arrest to prevent commission of cognizable offences.
  4. Prevention of injury to public property.
  5. Persons bound to conform to lawful directions of police.

CHAPTER XIII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

  1. Information in cognizable cases.
  2. Information as to non-cognizable cases and investigation of such cases.
  3. Police officer’s power to investigate cognizable case.
  4. Procedure for investigation.
  5. Report how submitted.
  6. Power to hold investigation or preliminary inquiry.
  7. Police officer’s power to require attendance of witnesses.
  8. Examination of witnesses by police.
  9. Statements to police and use thereof.
  10. No inducement to be offered.
  11. Recording of confessions and statements.
  12. Medical examination of victim of rape.
  13. Search by police officer.
  14. When officer in charge of police station may require another to issue search- warrant.
  15. Procedure when investigation cannot be completed in twenty four hours.
  16. Report of investigation by subordinate police officer.
  17. Release of accused when evidence deficient.
  18. Cases to be sent to Magistrate, when evidence is sufficient.
  19. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.
  20. Diary of proceedings in investigation.
  21. Report of police officer on completion of investigation.
  22. Police to enquire and report on suicide, etc.
  23. Power to summon persons.
  24. Inquiry by Magistrate into cause of death.

CHAPTER XIV

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

  1. Ordinary place of inquiry and trial.
  1. Place of inquiry or trial.
  2. Offence triable where act is done or consequence ensues.
  3. Place of trial where act is an offence by reason of relation to other offence.
  4. Place of trial in case of certain offences.
  5. Offences committed by means of electronic communications, letters, etc.
  6. Offence committed on journey or voyage.
  7. Place of trial for offences triable together.
  8. Power to order cases to be tried in different sessions divisions.
  9. High Court to decide, in case of doubt, district where inquiry or trial shall take place.
  10. Power to issue summons or warrant for offence committed beyond local jurisdiction.
  11. Offence committed outside India.
  12. Receipt of evidence relating to offences committed outside India.

CHAPTER XV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

  1. Cognizance of offences by Magistrate.
  2. Transfer on application of accused.
  3. Making over of cases to Magistrates.
  4. Cognizance of offences by Court of Session.
  5. Additional Sessions Judges to try cases made over to them.
  6. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
  7. Procedure for witnesses in case of threatening, etc.
  8. Prosecution for offences against State and for criminal conspiracy to commit such offence.
  9. Prosecution of Judges and public servants.
  10. Prosecution for offences against marriage.
  11. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023
  12. Cognizance of offence.
  13. Prosecution for defamation.

CHAPTER XVI

COMPLAINTS TO MAGISTRATES

  1. Examination of complainant.
  2. Procedure by Magistrate not competent to take cognizance of case.
  3. Postponement of issue of process.
  4. Dismissal of complaint.

CHAPTER XVII

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

  1. Issue of process.
  2. Magistrate may dispense with personal attendance of accused.
  3. Special summons in cases of petty offence.
  4. Supply to accused of copy of police report and other documents
  5. Supply of copies of statements and documents to accused in other cases triable by Court of Session.
  6. Commitment of case to Court of Session when offence is triable exclusively by it.
  7. Procedure to be followed when there is a complaint case and police investigation in respect of same offence.
  8. Contents of charge.

CHAPTER XVIII

THE CHARGE

A.—Form of charges

  1. Particulars as to time, place and person.
  2. When manner of committing offence must be stated.
  3. Words in charge taken in sense of law under which offence is punishable.
  4. Effect of errors.
  5. Court may alter charge.
  6. Recall of witnesses when charge altered.

B.- Joinder of charges

  1. Separate charges for distinct offences.
  2. Offences of same kind within year may be charged together.
  3. Trial for more than one offence.
  4. Where it is doubtful what offence has been committed.
  5. When offence proved included in offence charged.
  6. What persons may be charged jointly.
  7. Withdrawal of remaining charges on conviction on one of several charges.

CHAPTER XIX

TRIAL BEFORE A COURT OF SESSION

  1. Trial to be conducted by Public Prosecutor.
  2. Opening case for prosecution.
  3. Discharge.
  4. Framing of charge.
  5. Conviction on plea of guilty.
  6. Date for prosecution evidence.
  7. Evidence for prosecution.
  1. Acquittal.
  2. Entering upon defence.
  3. Arguments.
  4. Judgment of acquittal or conviction.
  5. Previous conviction.
  6. Procedure in cases instituted under sub-section (2) of section 222.

CHAPTER XX

TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

  1. Compliance with section 230.
  2. When accused shall be discharged.
  3. Framing of charge.
  4. Conviction on plea of guilty.
  5. Evidence for prosecution.
  6. Evidence for defence.

B.—Cases instituted otherwise than on police report

  1. Evidence for prosecution.
  2. When accused shall be discharged.
  3. Procedure where accused is not discharged.
  4. Evidence for defence.

C.-Conclusion of trial

  1. Acquittal or conviction.
  2. Absence of complainant.
  3. Compensation for accusation without reasonable cause.

CHAPTER XXI

TRIAL OF SUMMONS-CASES BY MAGISTRATES

  1. Substance of accusation to be stated.
  2. Conviction on plea of guilty.
  3. Conviction on plea of guilty in absence of accused in petty cases.
  4. Procedure when not convicted.
  5. Acquittal or conviction.
  6. Non-appearance or death of complainant.
  7. Withdrawal of complaint.
  8. Power to stop proceedings in certain cases.
  9. Power of Court to convert summons-cases into warrant-cases.
  1. Power to try summarily.

CHAPTER XXII

SUMMARY TRIALS

  1. Summary trial by Magistrate of second class.
  2. Procedure for summary trials.
  3. Record in summary trials.
  4. Judgment in cases tried summarily.
  5. Language of record and judgment.

CHAPTER XXIII

PLEA BARGAINING

  1. Application of Chapter.
  2. Application for plea bargaining.
  3. Guidelines for mutually satisfactory disposition.
  4. Report of mutually satisfactory disposition to be submitted before Court.
  5. Disposal of case.
  6. Judgment of Court.
  7. Finality of judgment.
  8. Power of Court in plea bargaining.
  9. Period of detention undergone by accused to be set off against sentence of imprisonment.
  10. Savings.
  11. Statements of accused not to be used.
  12. Non-application of Chapter.

CHAPTER XXIV

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

  1. Definitions.
  2. Power to require attendance of prisoners.
  3. Power of State Government or Central Government to exclude certain persons from operation of section 302.
  4. Officer in charge of prison to abstain from carrying out order in certain contingencies.
  5. Prisoner to be brought to Court in custody.
  6. Power to issue commission for examination of witness in prison.

CHAPTER XXV

EVIDENCE IN INQUIRIES AND TRIALS

A”.—Mode of taking and recording evidence

  1. Language of Courts.
  2. Evidence to be taken in presence of accused.
  3. Record in summons-cases and inquiries.
  4. Record in warrant-cases.
  5. Record in trial before Court of Session.
  6. Language of record of evidence.
  1. Procedure in regard to such evidence when completed.
  2. Interpretation of evidence to accused or his advocate.
  3. Remarks respecting demeanour of witness.
  4. Record of examination of accused.
  5. Interpreter to be bound to interpret truthfully.
  6. Record in High Court.

B.-Commissions for the examination of witnesses

  1. When attendance of witness may be dispensed with and commission issued.
  2. Commission to whom to be issued.
  3. Execution of commissions.
  4. Parties may examine witnesses.
  5. Return of commission.
  6. Adjournment of proceeding.
  7. Execution of foreign commissions.
  8. Deposition of medical witness.
  9. Identification report of Magistrate.
  10. Evidence of officers of Mint.
  11. Reports of certain Government scientific experts.
  12. No formal proof of certain documents.
  13. Affidavit in proof of conduct of public servants.
  14. Evidence of formal character on affidavit.
  15. Authorities before whom affidavits may be sworn.
  16. Previous conviction or acquittal how proved.
  17. Record of evidence in absence of accused.
  18. Evidence of public servants, experts, police officers in certain cases.

CHAPTER XXVI

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

  1. Person once convicted or acquitted not to be tried for same offence.
  2. Appearance by Public Prosecutors.
  3. Permission to conduct prosecution.
  4. Right of person against whom proceedings are instituted to be defended.
  5. Legal aid to accused at State expense in certain cases.
  6. Procedure when corporation or registered society is an accused.
  7. Tender of pardon to accomplice.
  8. Power to direct tender of pardon.
  9. Trial of person not complying with conditions of pardon.
  10. Power to postpone or adjourn proceedings.
  11. Local inspection.
  12. Power to summon material witness, or examine person present.
  13. Power of Magistrate to order person to give specimen signatures or handwriting, etc.
  14. Expenses of complainants and witnesses.
  15. Power to examine accused.
  1. Oral arguments and memorandum of arguments.
  2. Accused person to be competent witness.
  3. No influence to be used to induce disclosure.
  4. Provision for inquiries and trial being held in absence of accused in certain cases.
  5. Inquiry, trial or judgment in absentia of proclaimed offender.
  6. Procedure where accused does not understand proceedings.
  7. Power to proceed against other persons appearing to be guilty of offence.
  8. Compounding of offences.
  9. Withdrawal from prosecution.
  10. Procedure in cases which Magistrate cannot dispose of.
  11. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.
  12. Trial of persons previously convicted of offences against coinage, stamp-law or property.
  13. Procedure when Magistrate cannot pass sentence sufficiently severe.
  14. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
  15. Court to be open.

CHAPTER XXVII

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

  1. Procedure in case of accused being person of unsound mind.
  2. Procedure in case of person of unsound mind tried before Court.
  3. Release of person of unsound mind pending investigation or trial.
  4. Resumption of inquiry or trial.
  5. Procedure on accused appearing before Magistrate or Court.
  6. When accused appears to have been of sound mind.
  7. Judgment of acquittal on ground of unsoundness of mind
  8. Person acquitted on ground of unsoundness of mind to be detained in safe custody.
  9. Power of State Government to empower officer in charge to discharge.
  10. Procedure where prisoner of unsound mind is reported capable of making his defence.
  11. Procedure where person of unsound mind detained is declared fit to be released.
  12. Delivery of person of unsound mind to care of relative or friend.

CHAPTER XXVIII

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

  1. Procedure in cases mentioned in section 215.
  2. Appeal.
  3. Power to order costs.
  4. Procedure of Magistrate taking cognizance.
  5. Summary procedure for trial for giving false evidence.
  1. Procedure in certain cases of contempt.
  2. Procedure where Court considers that case should not be dealt with under section 384.
  3. When Registrar or Sub-Registrar to be deemed a Civil Court.
  4. Discharge of offender on submission of apology.
  5. Imprisonment or committal of person refusing to answer or produce document.
  6. Summary procedure for punishment for non-attendance by a witness in obedience to summons.
  7. Appeals from convictions under sections 383, 384, 388 and 389.
  8. Certain Judges and Magistrates not to try certain offences when committed before themselves.
  9. Judgment.

CHAPTER XXIX

THE JUDGMENT

  1. Language and contents of judgment.
  2. Order for notifying address of previously convicted offender.
  3. Order to pay compensation.
  4. Victim compensation scheme.
  5. Treatment of victims.
  6. Witness protection scheme.
  7. Compensation to persons groundlessly arrested.
  8. Order to pay costs in non-cognizable cases.
  9. Order to release on probation of good conduct or after admonition.
  10. Special reasons to be recorded in certain cases.
  11. Court not to alter judgment.
  12. Copy of judgment to be given to accused and other persons.
  13. Judgment when to be translated.
  14. Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXX

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

  1. Sentence of death to be submitted by Court of Session for confirmation.
  2. Power to direct further inquiry to be made or additional evidence to be taken.
  3. Power of High Court to confirm sentence or annul conviction.
  4. Confirmation or new sentence to be signed by two Judges.
  5. Procedure in case of difference of opinion.
  6. Procedure in cases submitted to High Court for confirmation.

CHAPTER XXXI

APPEALS

  1. No appeal to lie unless otherwise provided.
  2. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.
  3. Appeals from convictions.
  4. No appeal in certain cases when accused pleads guilty.
  5. No appeal in petty cases.
  6. Appeal by State Government against sentence.
  7. Appeal in case of acquittal.
  8. Appeal against conviction by High Court in certain cases.
  9. Special right of appeal in certain cases.
  10. Appeal to Court of Session how heard.
  11. Petition of appeal.
  12. Procedure when appellant in jail.
  13. Summary dismissal of appeal.
  14. Procedure for hearing appeals not dismissed summarily.
  15. Powers of Appellate Court.
  16. Judgments of subordinate Appellate Court.
  17. Order of High Court on appeal to be certified to lower Court.
  18. Suspension of sentence pending appeal; release of appellant on bail.
  19. Arrest of accused in appeal from acquittal.
  20. Appellate Court may take further evidence or direct it to be taken.
  21. Procedure where Judges of Court of appeal are equally divided.
  22. Finality of judgments and orders on appeal.
  23. Abatement of appeals.

CHAPTER XXXII

REFERENCE AND REVISION

  1. Reference to High Court.
  2. Disposal of case according to decision of High Court.
  3. Calling for records to exercise powers of revision.
  4. Power to order inquiry.
  5. Sessions Judge’s powers of revision.
  6. Power of Additional Sessions Judge.
  7. High Court’s powers of revision.
  8. Power of High Court to withdraw or transfer revision cases.
  9. Option of Court to hear parties.
  10. High Court’s order to be certified to lower Court.

CHAPTER XXXIII

TRANSFER OF CRIMINAL CASES

  1. Power of Supreme Court to transfer cases and appeals.
  2. Power of High Court to transfer cases and appeals.
  3. Power of Sessions Judge to transfer cases and appeals.
  4. Withdrawal of cases and appeals by Sessions Judges.
  5. Withdrawal of cases by Judicial Magistrates.
  1. Making over or withdrawal of cases by Executive Magistrates.
  2. Reasons to be recorded.

CHAPTER XXXIV

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death Sentences

  1. Execution of order passed under section 409
  2. Execution of sentence of death passed by High Court.
  3. Postponement of execution of sentence of death in case of appeal to Supreme Court.
  4. Commutation of sentence of death on pregnant woman.

B.—Imprisonment

  1. Power to appoint place of imprisonment.
  2. Execution of sentence of imprisonment.
  3. Direction of warrant for execution.
  4. Warrant with whom to be lodged.

C.—Levy of fine

  1. Warrant for levy of fine.
  2. Effect of such warrant.
  3. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.
  4. Suspension of execution of sentence of imprisonment.

D.—General provisions regarding execution

  1. Who may issue warrant.
  2. Sentence on escaped convict when to take effect.
  3. Sentence on offender already sentenced for another offence.
  4. Period of detention undergone by accused to be set off against sentence of imprisonment.
  5. Saving.
  6. Return of warrant on execution of sentence.
  7. Money ordered to be paid recoverable as a fine.

E.—Suspension, remission and commutation of sentences

  1. Mercy petition in death sentence cases.
  2. Power to suspend or remit sentences.
  3. Power to commute sentence.
  4. Restriction on powers of remission or commutation in certain cases.
  5. Concurrent power of Central Government in case of death sentences.
  1. State Government to act after concurrence with Central Government in certain cases.

CHAPTER XXXV

PROVISIONS AS TO BAIL AND BONDS

  1. In what cases bail to be taken.
  2. Maximum period for which undertrial prisoner can be detained.
  3. When bail may be taken in case of non-bailable offence.
  4. Bail to require accused to appear before next Appellate Court.
  5. Direction for grant of bail to person apprehending arrest.
  6. Special powers of High Court or Court of Session regarding bail.
  7. Amount of bond and reduction thereof.
  8. Bond of accused and sureties.
  9. Declaration by sureties.
  10. Discharge from custody.
  11. Power to order sufficient bail when that first taken is insufficient
  12. Discharge of sureties.
  13. Deposit instead of recognizance.
  14. Procedure when bond has been forfeited.
  15. Cancellation of bond and bail bond.
  16. Procedure in case of insolvency or death of surety or when a bond is forfeited.
  17. Bond required from child.
  18. Appeal from orders under section 491
  19. Power to direct levy of amount due on certain recognizances

CHAPTER XXXVI

DISPOSAL OF PROPERTY

  1. Order for custody and disposal of property pending trial in certain cases.
  2. Order for disposal of property at conclusion of trial.
  3. Payment to innocent purchaser of money found on accused.
  4. Appeal against orders under section 498 or section 499
  5. Destruction of libellous and other matter.
  6. Power to restore possession of immovable property.
  7. Procedure by police upon seizure of property.
  8. Procedure where no claimant appears within six months.
  9. Power to sell perishable property.

CHAPTER XXXVII

IRREGULAR PROCEEDINGS

  1. Irregularities which do not vitiate proceedings.
  2. Irregularities which vitiate proceedings.
  3. Proceedings in wrong place.
  4. Non-compliance with provisions of section 183 or section 316.
  5. Effect of omission to frame, or absence of, or error in, charge.
  1. Finding or sentence when reversible by reason of error, omission or irregularity.
  2. Defect or error not to make attachment unlawful.

CHAPTER XXXVIII

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

  1. Definitions.
  2. Bar to taking cognizance after lapse of period of limitation.
  3. Commencement of period of limitation.
  4. Exclusion of time in certain cases.
  5. Exclusion of date on which Court is closed.
  6. Continuing offence.
  7. Extension of period of limitation in certain cases.

CHAPTER XXXIX

MISCELLANEOUS

  1. Trials before High Courts.
  2. Delivery to commanding officers of persons liable to be tried by Court-martial.
  3. Forms.
  4. Power of High Court to make rules.
  5. Power to alter functions allocated to Executive Magistrate in certain cases.
  6. Cases in which Judge or Magistrate is personally interested.
  7. Practising advocate not to sit as Magistrate in certain Courts.
  8. Public servant concerned in sale not to purchase or bid for property.
  9. Saving of inherent powers of High Court.
  10. Duty of High Court to exercise continuous superintendence over Courts.
  11. Trial and proceedings to be held in electronic mode.
  12. Repeal and savings.

THE FIRST SCHEDULE
THE SECOND SCHEDULE

Corresponding Section Table of BNSS with Repealed Act

Bharatiya Nagarik Suraksha Sanhita, 2023

Code of Criminal Procedure, 1973

CHAPTER I

PRELIMINARY

CHAPTER I

PRELIMINARY

1. Short title, extent and commencement.

1. Short title, extent and commencement

2. Definitions.

2. Definitions.

3. Construction of references.

3. Construction of references.

4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.

4. Trial of offences under the Indian Penal Code and other laws.

5. Saving.

5. Saving.

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

6. Classes of Criminal Courts.

6. Classes of Criminal Courts.

7. Territorial divisions.

7. Territorial divisions.

Deleted

8. Metropolitan areas.

8. Court of Session

9. Court of Session.

Deleted

10. Subordination of Assistant Sessions Judges.

9. Courts of Judicial Magistrates.

11. Courts of Judicial Magistrates.

10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

11. Special Judicial Magistrates

13. Special Judicial Magistrates.

12. Local Jurisdiction of Judicial Magistrates.

14. Local jurisdiction of Judicial Magistrates.

13. Subordination of Judicial Magistrates.

15. Subordination of Judicial Magistrates.

Deleted

16. Courts of Metropolitan Magistrates.

Deleted

17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.

Deleted

18. Special Metropolitan Magistrates.

Deleted

19. Subordination of Metropolitan Magistrates.

14. Executive Magistrates.

20. Executive Magistrates.

15. Special Executive Magistrates.

21. Special Executive Magistrates.

16. Local Jurisdiction of Executive Magistrates.

22. Local Jurisdiction of Executive Magistrates.

17. Subordination of Executive Magistrates

23. Subordination of Executive Magistrates.

18. Public Prosecutors.

24. Public Prosecutors.

19. Assistant Public Prosecutors

25. Assistant Public prosecutors.

20. Directorate of Prosecution.

25A. Directorate of Prosecution.

CHAPTER III

POWER OF COURTS

CHAPTER III

POWER OF COURTS

21. Courts by which offences are triable.

26. Courts by which offences are triable.

Deleted

27. Jurisdiction in the case of juveniles.

22. Sentences which High Courts and Sessions Judges may pass.

28. Sentences which High Courts and Sessions Judges may pass.

23. Sentences which Magistrates may pass

29. Sentences which Magistrates may pass.

24. Sentence of imprisonment in default of fine.

30. Sentence of imprisonment in default of fine.

25. Sentence in cases of conviction of several offences at one trial.

31. Sentence in cases of conviction of several offences at one trial.

26. Mode of conferring powers.

32. Mode of conferring powers.

27. Powers of officers appointed.

33. Powers of officers appointed.

28. Withdrawal of powers.

34. Withdrawal of powers.

29. Powers of Judges and Magistrates exercisable by their successors-in-office.

35. Powers of Judges and Magistrates exercisable by their successors-in- office.

CHAPTER IV

POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

CHAPTER IV

A. –POWERS OF SUPERIOR OFFICERS OF POLICE

B. –AID TO THE MAGISTRATES AND THE POLICE

30. Powers of superior officers of police.

36. Powers of superior officers of police.

31. Public when to assist Magistrates and police.

37. Public when to assist Magistrates and police.

32. Aid to person, other than police officer, executing warrant.

38. Aid to person, other than police officer, executing warrant.

33. Public to give information of certain offences.

39. Public to give information of certain offences.

34. Duty of officers employed in connection with affairs of a village to make certain report.

40. Duty of officers employed in connection with the affairs of a village to make certain report.

CHAPTER V

ARREST OF PERSONS

CHAPTER V

ARREST OF PERSONS

35. When police may arrest without warrant

35(1)

41. When police may arrest without warrant.

35(2)

41(2)

35(3), 35(4) 35(5), 35(6)

41A Notice of appearance before police officer

35(7)

New Sub-Section

36. Procedure of arrest and duties of officer making arrest.

41B. Procedure of arrest and duties of officer making arrest.

37. Designated police officer.

41C. Control room at districts.

38. Right of arrested person to meet an advocate of his choice during interrogation.

41D. Right of arrested person to meet an advocate of his choice during interrogation.

39. Arrest on refusal to give name and residence.

42. Arrest on refusal to give name and residence.

40. Arrest by private person and procedure on such arrest.

43. Arrest by private person and procedure on such arrest.

41. Arrest by Magistrate.

44. Arrest by Magistrate.

42. Protection of members of Armed Forces from arrest.

45. Protection of members of the Armed Forces from arrest.

43. Arrest how made.

46. Arrest how made.

43(1)

46(1)

43(2)

46(2)

43(3)

New Sub-Section

43(4)

46(3)

43(5)

46(4)

44. Search of place entered by person sought to be arrested

47. Search of place entered by person sought to be arrested.

45. Pursuit of offenders into other jurisdictions.

48. Pursuit of offenders into other jurisdictions.

46. No unnecessary restraint.

49. No unnecessary restraint.

47. Person arrested to be informed of grounds of arrest and of right to bail.

50. Person arrested to be informed of grounds of arrest and of right to bail.

48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.

50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.

49. Search of arrested person.

51. Search of arrested person.

50. Power to seize offensive weapons.

52. Power to seize offensive weapons.

51. Examination of accused by medical practitioner at request of police officer.

53. Examination of accused by medical practitioner at the request of police officer.

51(1)

53(1)

51(2)

53(2)

51(3)

New Sub-section

52. Examination of person accused of rape by medical practitioner.

53A. Examination of person accused of rape by medical practitioner.

53. Examination of arrested person by medical officer.

54. Examination of arrested person by medical officer.

54. Identification of person arrested.

54A. Identification of person arrested.

55. Procedure when police officer

55. Procedure when police officer

deputes subordinate to arrest without warrant.

deputes subordinate to arrest without warrant.

56. Health and safety of arrested person.

55A. Health and safety of arrested person.

57. Person arrested to be taken before Magistrate or officer in charge of police station.

56. Person arrested to be taken before Magistrate or officer in charge of police station.

58. Person arrested not to be detained more than twenty-four hours.

57. Person arrested not to be detained more than twenty-four hours.

59. Police to report apprehensions.

58. Police to report apprehensions.

60. Discharge of person apprehended.

59. Discharge of person apprehended.

61. Power, on escape, to pursue and retake.

60. Power, on escape, to pursue and retake.

62. Arrest to be made strictly according to Sanhita.

60A. Arrest to be made strictly according to the Code.

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.—Summons

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A.–Summons

63. Form of summons.

61. Form of summons.

64. Summons how served.

62. Summons how served.

65. Service of summons on corporate bodies, firms, and societies.

65(1)

63. Service of summons on corporate bodies and societies.

65(2)

New Sub-Section

66. Service when persons summoned cannot be found.

64. Service when persons summoned cannot be found.

67. Procedure when service cannot be effected as before provided.

65. Procedure when service cannot be effected as before provided.

68. Service on Government servant.

66. Service on Government servant.

69. Service of summons outside local limits.

67. Service of summons outside local limits.

70. Proof of service in such cases and when serving officer not present.

68. Proof of service in such cases and when serving officer not present.

70(1)

68 (1)

70(2)

68(2)

70(3)

New Sub-Section

71. Service of summons on witness.

69. Service of summons on witness by post.

B.—Warrant of arrest

B.—Warrant of arrest

72. Form of warrant of arrest and duration.

70. Form of warrant of arrest and duration.

73. Power to direct security to be taken.

71. Power to direct security to be taken.

74. Warrants to whom directed.

72. Warrants to whom directed.

75. Warrant may be directed to any person.

73. Warrant may be directed to any person.

76. Warrant directed to police officer.

74. Warrant directed to police officer.

77. Notification of substance of warrant.

75. Notification of substance of warrant.

78. Person arrested to be brought before Court without delay.

76. Person arrested to be brought before Court without delay.

79. Where warrant may be executed.

77. Where warrant may be executed.

80. Warrant forwarded for execution outside jurisdiction.

78. Warrant forwarded for execution outside jurisdiction.

81. Warrant directed to police officer for execution outside jurisdiction.

79. Warrant directed to police officer for execution outside jurisdiction.

82. Procedure on arrest of person against whom warrant issued.

82(1)

80. Procedure on arrest of person against whom warrant issued.

82(2)

New Sub-Section

83. Procedure by Magistrate before whom such person arrested is brought.

81. Procedure by Magistrate before whom such person arrested is brought.

C.—Proclamation and attachment

C.—Proclamation and attachment

84. Proclamation for person absconding.

82. Proclamation for person absconding.

85. Attachment of property of person absconding.

83. Attachment of property of person absconding.

86. Identification and attachment of property of proclaimed person.

New Section

87. Claims and objections to attachment.

84. Claims and objections to attachment.

88. Release, sale and restoration of attached property.

85. Release, sale and restoration of attached property.

89. Appeal from order rejecting application for restoration of attached property.

86. Appeal from order rejecting application for restoration of attached property.

D.—Other rules regarding processes

D.—Other rules regarding processes

90. Issue of warrant in lieu of, or in addition to, summons.

87. Issue of warrant in lieu of, or in addition to, summons.

91. Power to take bond or bail bond for appearance.

88. Power to take bond for appearance.

92. Arrest on breach of bond or bail bond for appearance.

89. Arrest on breach of bond for appearance.

93. Provisions of this Chapter generally applicable to summonses and warrants of arrest.

90. Provisions of this Chapter generally applicable to summonses and warrants of arrest.

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.- Summons to produce

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.- Summons to produce

94. Summons to produce document or other thing.

91. Summons to produce document or other thing.

95. Procedure as to letters.

92. Procedure as to letters and telegrams.

B.—Search-warrants

B.—Search-warrants

96. When search-warrant may be issued.

93. When search-warrant may be issued.

97. Search of place suspected to contain stolen property, forged documents, etc.

94. Search of place suspected to contain stolen property, forged documents, etc.

98. Power to declare certain publications forfeited and to issue search-warrants for same.

95. Power to declare certain publications forfeited and to issue search-warrants for same.

99. Application to High Court to set aside declaration of forfeiture.

96. Application to High Court to set aside declaration of forfeiture.

100. Search for persons wrongfully confined.

97. Search for persons wrongfully confined.

101. Power to compel restoration of abducted females.

98. Power to compel restoration of abducted females.

C.- General provisions relating to searches

C.- General provisions relating to searches

102. Direction, etc., of search- warrants.

99. Direction, etc., of search- warrants.

103. Persons in charge of closed place to allow search.

100. Persons in charge of closed place to allow search.

104. Disposal of things found in search beyond jurisdiction.

101. Disposal of things found in search beyond jurisdiction.

D.—Miscellaneous

D.—Miscellaneous

105. Recording of search and seizure through audio-video electronic means.

New Section

106. Power of police officer to seize certain property.

102. Power of police officer to seize certain property.

107. Attachment, forfeiture or restoration of property.

New Section

108. Magistrate may direct search in his presence.

103. Magistrate may direct search in his presence.

109. Power to impound document, etc., produced.

104. Power to impound document, etc., produced.

110. Reciprocal arrangements regarding processes.

105. Reciprocal arrangements regarding processes.

CHAPTER VIII

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

CHAPTER VIIA

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

111. Definitions.

105A. Definitions.

112. Letter of request to competent authority for investigation in a country or place outside India.

166A. Letter of request to competent authority for investigation in a country or place outside India.

113. Letter of request from a country or place outside India to a Court or an authority for investigation in India.

166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India.

114. Assistance in securing transfer of persons.

105B. Assistance in securing transfer of persons.

115. Assistance in relation to orders of attachment or forfeiture of property.

105C. Assistance in relation to orders of attachment or forfeiture of property.

116. Identifying unlawfully acquired property.

105D. Identifying unlawfully acquired property.

117. Seizure or attachment of property.

105E. Seizure or attachment of property.

118. Management of properties seized or forfeited under this Chapter.

105F. Management of properties seized or forfeited under this Chapter.

119. Notice of forfeiture of property.

105G. Notice of forfeiture of property.

120. Forfeiture of property in certain cases

105H. Forfeiture of property in certain cases

121. Fine in lieu of forfeiture.

105-I. Fine in lieu of forfeiture.

122. Certain transfers to be null and void.

105J. Certain transfers to be null and void.

123. Procedure in respect of letter of request.

105K. Procedure in respect of letter of request.

124. Application of this Chapter.

105L. Application of this Chapter.

CHAPTER IX

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

CHAPTER VIII

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

125. Security for keeping peace on conviction.

106. Security for keeping peace on conviction.

126. Security for keeping peace in other cases.

107. Security for keeping peace in other cases.

127. Security for good behaviour from persons disseminating certain matters.

108. Security for good behaviour from persons disseminating seditious matters.

128. Security for good behaviour from suspected persons.

109. Security for good behaviour from suspected persons.

129. Security for good behaviour from habitual offenders.

110. Security for good behaviour from habitual offenders.

130. Order to be made.

111. Order to be made.

131. Procedure in respect of person present in Court.

112. Procedure in respect of person present in Court.

132. Summons or warrant in case of person not so present.

113. Summons or warrant in case of person not so present.

133. Copy of order to accompany summons or warrant.

114. Copy of order to accompany summons or warrant.

134. Power to dispense with personal attendance.

115. Power to dispense with personal attendance.

135. Inquiry as to truth of information.

116. Inquiry as to truth of information.

136. Order to give security.

117. Order to give security.

137. Discharge of person informed against.

118. Discharge of person informed against.

138. Commencement of period for which security is required.

119. Commencement of period for which security is required.

139. Contents of bond.

120. Contents of bond.

140. Power to reject sureties.

121. Power to reject sureties.

141. Imprisonment in default of security.

122. Imprisonment in default of security.

142. Power to release persons imprisoned for failing to give security.

123. Power to release persons imprisoned for failing to give security.

143. Security for unexpired period of bond.

124. Security for unexpired period of bond.

CHAPTER X

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

CHAPTER IX

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

144. Order for maintenance of wives, children and parents.

125. Order for maintenance of wives, children and parents.

145. Procedure.

126. Procedure.

146. Alteration in allowance.

127. Alteration in allowance.

147. Enforcement of order of maintenance.

128. Enforcement of order of maintenance.

CHAPTER XI

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.—Unlawful assemblies

CHAPTER X

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A.–Unlawful assemblies

148. Dispersal of assembly by use of civil force.

129. Dispersal of assembly by use of civil force.

149. Use of armed forces to disperse assembly.

130. Use of armed forces to disperse assembly.

150. Power of certain armed force officers to disperse assembly.

131. Power of certain armed force officers to disperse assembly.

151. Protection against prosecution for acts done under sections 148, 149 and 150.

132. Protection against prosecution for acts done under preceding sections.

B.—Public nuisances

B.—Public nuisances

152. Conditional order for removal of nuisance.

133. Conditional order for removal of nuisance.

153. Service or notification of order.

134. Service or notification of order.

154. Person to whom order is addressed to obey or show cause.

135. Person to whom order is addressed to obey or show cause.

155. Penalty for failure to comply with section 154.

136. Consequences of his failing to do so.

156. Procedure where existence of public right is denied.

137. Procedure where existence of public right is denied.

157. Procedure where person against whom order is made under section 152 appears to show cause.

138. Procedure where he appears to show cause.

158. Power of Magistrate to direct local investigation and examination of an expert.

139. Power of Magistrate to direct local investigation and examination of an expert.

159. Power of Magistrate to furnish written instructions, etc.

140. Power of Magistrate to furnish written instructions, etc.

160. Procedure on order being made absolute and consequences of disobedience.

141. Procedure on order being made absolute and consequences of disobedience.

161. Injunction pending inquiry.

142. Injunction pending inquiry.

162. Magistrate may prohibit repetition or continuance of public nuisance.

143. Magistrate may prohibit repetition or continuance of public nuisance.

C.—Urgent cases of nuisance or apprehended danger

C.—Urgent cases of nuisance or apprehended danger

163. Power to issue order in urgent cases of nuisance or apprehended danger.

144. Power to issue order in urgent cases of nuisance or apprehended danger.

Deleted

144A. Power to prohibit carrying arms in procession or mass drill or mass training with arms.

164. Procedure where dispute concerning land or water is likely to cause breach of peace.

145. Procedure where dispute concerning land or water is likely to cause breach of peace.

165. Power to attach subject of dispute and to appoint receiver.

146. Power to attach subject of dispute and to appoint receiver.

166. Dispute concerning right of use of land or water.

147. Dispute concerning right of use of land or water.

167. Local Inquiry.

148. Local Inquiry.

CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

CHAPTER XI

PREVENTIVE ACTION OF THE POLICE

168. Police to prevent cognizable offences.

149. Police to prevent cognizable offences.

169. Information of design to commit cognizable offences.

150. Information of design to commit cognizable offences.

170. Arrest to prevent commission of cognizable offences.

151 Arrest to prevent commission of cognizable offences.

171. Prevention of injury to public property.

152. Prevention of injury to public property.

172. Persons bound to conform to lawful directions of police.

New Section

Deleted

153. Inspection of weights and measures.

CHAPTER-XIII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

CHAPTER-XII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

173. Information in cognizable cases.

154. Information in cognizable cases.

174. Information as to non- cognizable cases and investigation of such cases.

155. Information as to non- cognizable cases and investigation of such cases.

175. Police officer’s power to investigate cognizable case.

175(1)

156. Police officer’s power to investigate cognizable case. 156(1)

175(2)

156(2)

175(3)

156(3)

175(4)

New Sub-Section

176. Procedure for investigation.

157. Procedure for investigation.

176(1)

157(1)

176(2)

157(2)

176(3)

New Sub-Section

177. Report how submitted.

158. Report how submitted.

178. Power to hold investigation or preliminary inquiry.

159. Power to hold investigation or preliminary inquiry.

179. Police officer’s power to require attendance of witnesses.

160. Police officer’s power to require attendance of witnesses.

180. Examination of witnesses by police.

161. Examination of witnesses by police.

181. Statements to police and use thereof.

162. Statements to police not to be signed: Use of statements in evidence.

182. No inducement to be offered.

163. No inducement to be offered.

183. Recording of confessions and statements.

164. Recording of confessions and statements.

184. Medical examination of victim of rape.

164A Medical examination of victim of rape.

185. Search by police officer.

165. Search by police officer.

186. When officer in charge of police station may require another to issue search- warrant.

166. When officer in charge of police station may require another to issue search- warrant.

187. Procedure when investigation cannot be completed in twenty-four hours.

167. Procedure when investigation cannot be completed in twenty-four hours.

188. Report of investigation by subordinate police officer.

168. Report of investigation by subordinate police officer.

189. Release of accused when evidence deficient.

169. Release of accused when evidence deficient.

190. Cases to be sent to Magistrate, when evidence is sufficient.

170. Cases to be sent to Magistrate, when evidence is sufficient.

191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

171. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.

192. Diary of proceedings in investigation.

172. Diary of proceedings in investigation.

193. Report of police officer on completion of investigation.

173. Report of police officer on completion of investigation.

194. Police to enquire and report on suicide, etc.

174. Police to enquire and report on suicide, etc.

195. Power to summon persons.

175. Power to summon persons.

196. Inquiry by Magistrate into cause of death.

176. Inquiry by Magistrate into cause of death.

CHAPTER XIV

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CHAPTER XIII

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

197. Ordinary place of inquiry and trial.

177. Ordinary place of inquiry and trial.

198. Place of inquiry or trial.

178. Place of inquiry or trial.

199. Offence triable where act is done or consequence ensues.

179. Offence triable where act is done or consequence ensues.

200. Place of trial where act is an offence by reason of relation to other offence.

180. Place of trial where act is an offence by reason of relation to other offence.

201. Place of trial in case of certain offences.

181. Place of trial in case of certain offences.

202. Offences committed by means of electronic communications, letters, etc.

182. Offences committed by letters, etc.

203. Offence committed on journey or voyage.

183. Offence committed on journey or voyage.

204. Place of trial for offences triable together.

184. Place of trial for offences triable together.

205. Power to order cases to be tried in different sessions divisions.

185. Power to order cases to be tried in different sessions divisions.

206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.

186. High Court to decide, in case of doubt, district where inquiry or trial shall take place.

207. Power to issue summons or warrant for offence committed beyond local jurisdiction.

187. Power to issue summons or warrant for offence committed beyond local jurisdiction.

208. Offence committed outside India.

188. Offence committed outside India.

209. Receipt of evidence relating to offences committed outside India.

189. Receipt of evidence relating to offences committed outside India.

CHAPTER XV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

CHAPTER XIV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

210. Cognizance of offences by Magistrates.

190. Cognizance of offences by Magistrates.

211. Transfer on application of accused.

191. Transfer on application of accused.

212. Making over of cases to Magistrates.

192. Making over of cases to Magistrates.

213. Cognizance of offences by Court of Session.

193. Cognizance of offences by Court of Session.

214. Additional Sessions Judges to try cases made over to them.

194. Additional and Assistant Sessions Judges to try cases made over to them.

215. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

216. Procedure for witnesses in case of threatening, etc.

195A. Procedure for witnesses in case of threatening, etc.

217. Prosecution for offences against State and for criminal conspiracy to commit such offence.

196. Prosecution for offences against State and for criminal conspiracy to commit such offeance.

218. Prosecution of Judges and public servants.

197. Prosecution of Judges and public servants.

219. Prosecution for offences against marriage.

198. Prosecution for offences against marriage.

220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023

198A. Prosecution of offences under section 498A of the Indian Penal Code

221. Cognizance of offence.

198B. Cognizance of offence.

222. Prosecution for defamation

199. Prosecution for defamation

CHAPTER XVI

COMPLAINTS TO MAGISTRATES

CHAPTER XV

COMPLAINTS TO MAGISTRATES

223. Examination of complainant.

223(1)

200. Examination of complainant.

223(2)

New Sub-Section

224. Procedure by Magistrate not competent to take cognizance of case.

201. Procedure by Magistrate not competent to take cognizance of case

225. Postponement of issue of process.

202. Postponement of issue of process.

226. Dismissal of complaint.

203. Dismissal of complaint.

CHAPTER XVII

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

CHAPTER XVI

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

227. Issue of process.

204. Issue of process.

228. Magistrate may dispense with personal attendance of accused.

205. Magistrate may dispense with personal attendance of accused.

229. Special summons in cases of petty offence.

206. Special summons in cases of petty offence.

230. Supply to accused of copy of police report and other documents.

207. Supply to the accused of copy of police report and other documents.

231. Supply of copies of statements and documents to accused in other cases triable by Court of Session.

208. Supply of copies of statements and documents to accused in other cases triable by Court of Session.

232. Commitment of case to Court of Session when offence is triable exclusively by it.

209. Commitment of case to Court of Session when offence is triable exclusively by it.

233. Procedure to be followed when there is a complaint case and police investigation in respect of same offence.

210. Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.

CHAPTER XVIII

THE CHARGE

A.—Form of charges

CHAPTER XVII

THE CHARGE

A.–Form of charges

234. Contents of charge.

211. Contents of charge.

235. Particulars as to time, place and person.

212. Particulars as to time, place and person.

236. When manner of committing offence must be stated.

213. When manner of committing offence must be stated.

237. Words in charge taken in sense of law under which offence is punishable.

214. Words in charge taken in sense of law under which offence is punishable.

238. Effect of errors.

215. Effect of errors.

239. Court may alter charge.

216. Court may alter charge.

240. Recall of witnesses when charge altered.

217. Recall of witnesses when charge altered.

B.- Joinder of charges

B.- Joinder of charges

241. Separate charges for distinct offences.

218. Separate charges for distinct offences.

242. Offences of same kind within year may be charged together.

219. Three offences of same kind within year may be charged together.

243. Trial for more than one offence.

220. Trial for more than one offence.

244. Where it is doubtful what offence has been committed.

221. Where it is doubtful what offence has been committed.

245. When offence proved included in offence charged.

222. When offence proved included in offence charged.

246. What persons may be charged jointly.

223. What persons may be charged jointly.

247. Withdrawal of remaining charges on conviction on one of several charges.

224. Withdrawal of remaining charges on conviction on one of several charges.

CHAPTER XIX



TRIAL BEFORE A COURT OF SESSION

CHAPTER XVIII

TRIAL BEFORE A COURT OF SESSION

248. Trial to be conducted by Public Prosecutor.

225. Trial to be conducted by Public Prosecutor.

249. Opening case for prosecution.

226. Opening case for prosecution.

250. Discharge.

250(1)

New Sub-Section

250(2)

227. Discharge.

251. Framing of charge.

228. Framing of charge.

252. Conviction on plea of guilty.

229. Conviction on plea of guilty.

253. Date for prosecution evidence.

230. Date for prosecution evidence.

254. Evidence for prosecution.

231(1). Evidence for prosecution.

254(1).

New Sub-Section

254(2).

New Sub-Section

254. (3)

231(2).

255. Acquittal.

232. Acquittal.

256. Entering upon defence.

233. Entering upon defence.

257. Arguments.

234. Arguments.

258. Judgment of acquittal or conviction

235. Judgment of acquittal or conviction.

259. Previous conviction.

236. Previous conviction.

260. Procedure in cases instituted under sub-section (2) of section 222.

237. Procedure in cases instituted under section 199(2).

CHAPTER XX

TRIAL OF WARRANT-CASES BY MAGISTRATES

A.—Cases instituted on a police report

CHAPTER XIX

TRIAL OF WARRANT-CASES BY MAGISTRATES

A.–Cases instituted on a police report

261. Compliance with section 230.

238. Compliance with section 207.

262. When accused shall be discharged.

262(1)

New Sub-Section

262 (2)

239. When accused shall be discharged.

263. Framing of charge.

240. Framing of charge.

264. Conviction on plea of guilty.

241. Conviction on plea of guilty.

265. Evidence for prosecution.

242. Evidence for prosecution.

266. Evidence for defence.

243. Evidence for defence.

B.—Cases instituted otherwise than on police report

B.—Cases instituted otherwise than on police report

267. Evidence for prosecution.

244. Evidence for prosecution.

268. When accused shall be discharged.

245. When accused shall be discharged.

269. Procedure where accused is not discharged.

246. Procedure where accused is not discharged.

270. Evidence for defence.

247. Evidence for defence.

C.-Conclusion of trial

C.-Conclusion of trial

271. Acquittal or conviction.

248. Acquittal or conviction.

272. Absence of complainant.

249. Absence of complainant.

273. Compensation for accusation without reasonable cause.

250. Compensation for accusation without reasonable cause.

CHAPTER XXI

TRIAL OF SUMMONS-CASES BY MAGISTRATES

CHAPTER XX

TRIAL OF SUMMONS-CASES BY MAGISTRATES

274. Substance of accusation to be stated.

251. Substance of accusation to be stated.

275. Conviction on plea of guilty.

252. Conviction on plea of guilty.

276. Conviction on plea of guilty in absence of accused in petty cases.

253. Conviction on plea of guilty in absence of accused in petty cases.

277. Procedure when not convicted.

254. Procedure when not convicted.

278. Acquittal or conviction.

255. Acquittal or conviction.

279. Non-appearance or death of complainant.

256. Non-appearance or death of complainant.

280. Withdrawal of complaint.

257. Withdrawal of complaint.

281. Power to stop proceedings in certain cases.

258. Power to stop proceedings in certain cases.

282. Power of Court to convert summons-cases into warrant-cases.

259. Power of Court to convert summons-cases into warrant-cases.

CHAPTER XXII

SUMMARY TRIALS

CHAPTER XXI

SUMMARY TRIALS

283. Power to try summarily.

283(2) Summary trial for imprisonment upto three years

260 (1). (i) Summary trial for imprisonment upto two years

283(3)

260(2).

284. Summary trial by Magistrate of second class.

261. Summary trial by Magistrate of second class.

285. Procedure for summary trials.

262. Procedure for summary trials.

286. Record in summary trials.

263. Record in summary trials.

287. Judgment in cases tried summarily.

264. Judgment in cases tried summarily.

288. Language of record and judgment.

265. Language of record and judgment.

CHAPTER XXIII

PLEA BARGAINING

CHAPTER XXIA

PLEA BARGAINING

289. Application of Chapter.

265A. Application of the Chapter.

290. Application for plea bargaining.

265B. Application for plea bargaining.

291. Guidelines for mutually satisfactory disposition.

265C. Guidelines for mutually satisfactory disposition.

292. Report of mutually satisfactory disposition to be submitted before Court.

265D. Report of the mutually satisfactory disposition to be submitted before the Court.

293. Disposal of case.

265E. Disposal of the case.

294. Judgment of Court.

265F. Judgment of the Court.

295. Finality of judgment.

265G. Finality of the judgment.

296. Power of Court in plea bargaining.

265H. Power of the Court in plea bargaining.

297. Period of detention undergone

265-I. Period of detention undergone

by accused to be set off against sentence of imprisonment.

by the accused to be set off against the sentence of imprisonment.

298. Savings.

265J. Savings.

299. Statements of accused not to be used.

265K. Statements of accused not to be used.

300. Non-application of Chapter.

265L. Non-application of the Chapter.

CHAPTER XXIV

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

CHAPTER XXII

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

301. Definitions.

266. Definitions.

302. Power to require attendance of prisoners.

267. Power to require attendance of prisoners.

303. Power of State Government or Central Government to exclude certain persons from operation of section 302.

268. Power of State Government to exclude certain persons from operation of section 267.

304. Officer in charge of prison to abstain from carrying out order in certain contingencies.

269. Officer in charge of prison to abstain from carrying out order in certain contingencies.

305. Prisoner to be brought to Court in custody.

270. Prisoner to be brought to Court in custody.

306. Power to issue commission for examination of witness in prison.

271. Power to issue commission for examination of witness in prison.

CHAPTER XXV

EVIDENCE IN INQUIRIES AND TRIALS

A.—Mode of taking and recording evidence

CHAPTER XXIII

EVIDENCE IN INQUIRIES AND TRIALS

A.–Mode of taking and recording evidence

307. Language of Courts.

272. Language of Courts.

308. Evidence to be taken in presence of accused.

273. Evidence to be taken in presence of accused.

309. Record in summons-cases and inquiries.

274. Record in summons-cases and inquiries.

310. Record in warrant-cases.

275. Record in warrant-cases.

311. Record in trial before Court of Session.

276. Record in trial before Court of Session.

312. Language of record of evidence.

277. Language of record of evidence.

313. Procedure in regard to such evidence when completed.

278. Procedure in regard to such evidence when completed.

314. Interpretation of evidence to accused or his advocate.

279. Interpretation of evidence to accused or his advocate.

315. Remarks respecting demeanour of witness.

280. Remarks respecting demeanour of witness.

316. Record of examination of accused.

281. Record of examination of accused.

317. Interpreter to be bound to interpret truthfully.

282. Interpreter to be bound to interpret truthfully.

318. Record in High Court.

283. Record in High Court.

B.-Commissions for the examination of witnesses

B.-Commissions for the examination of witnesses

319. When attendance of witness may be dispensed with and commission issued.

284. When attendance of witness may be dispensed with and commission issued.

320. Commission to whom to be issued.

285. Commission to whom to be issued.

321. Execution of commissions.

286. Execution of commissions.

322. Parties may examine witnesses.

287. Parties may examine witnesses.

323. Return of commission.

288. Return of commission.

324. Adjournment of proceeding.

289. Adjournment of proceeding.

325. Execution of foreign commissions.

290. Execution of foreign commissions.

326. Deposition of medical witness.

291. Deposition of medical witness.

327. Identification report of Magistrate.

291A. Identification report of Magistrate.

328. Evidence of officers of the Mint.

292. Evidence of officers of the Mint.

329. Reports of certain Government scientific experts.

293. Reports of certain Government scientific experts.

330. No formal proof of certain documents.

294. No formal proof of certain documents.

331. Affidavit in proof of conduct of public servants.

295. Affidavit in proof of conduct of public servants.

332. Evidence of formal character on affidavit.

296. Evidence of formal character on affidavit.

333. Authorities before whom affidavits may be sworn.

297. Authorities before whom affidavits may be sworn.

334. Previous conviction or acquittal how proved.

298. Previous conviction or acquittal how proved.

335. Record of evidence in absence of accused.

299. Record of evidence in absence of accused.

336. Evidence of public servants, experts, police officers in certain cases.

New Section

CHAPTER XXVI

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

CHAPTER XXIV

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

337. Person once convicted or acquitted not to be tried for same offence.

300. Person once convicted or acquitted not to be tried for same offence.

338. Appearance by Public Prosecutors.

301. Appearance by Public Prosecutors.

339. Permission to conduct prosecution.

302. Permission to conduct prosecution.

340. Right of person against whom proceedings are instituted to be defended.

303. Right of person against whom proceedings are instituted to be defended.

341. Legal aid to accused at State expense in certain cases.

304. Legal aid to accused at State expense in certain cases.

342. Procedure when corporation or registered society is an accused.

305. Procedure when corporation or registered society is an accused.

343. Tender of pardon to accomplice.

306. Tender of pardon to accomplice.

344. Power to direct tender of pardon.

307. Power to direct tender of pardon.

345. Trial of person not complying with conditions of pardon.

308. Trial of person not complying with conditions of pardon.

346. Power to postpone or adjourn proceedings.

309. Power to postpone or adjourn proceedings.

347. Local inspection.

310. Local inspection.

348. Power to summon material witness, or examine person present.

311. Power to summon material witness, or examine person present.

349. Power of Magistrate to order person to give specimen signatures or handwriting.

311A. Power of Magistrate to order person to give specimen signatures or handwriting.

350. Expenses of complainants and witnesses.

312. Expenses of complainants and witnesses.

351. Power to examine accused.

313. Power to examine the accused.

352. Oral arguments and memorandum of arguments.

314. Oral arguments and memorandum of arguments.

353. Accused person to be competent witness.

315. Accused person to be competent witness.

354. No influence to be used to induce disclosure.

316. No influence to be used to induce disclosure.

355. Provision for inquiries and trial being held in the absence of accused in certain cases.

317. Provision for inquiries and trial being held in the absence of accused in certain cases.

356. Inquiry, trial or judgement in absentia of proclaimed offender.

New Section

357. Procedure where accused does not understand proceedings.

318. Procedure where accused does not understand proceedings.

358. Power to proceed against other persons appearing to be guilty of offence.

319. Power to proceed against other persons appearing to be guilty of offence.

359. Compounding of offences.

320. Compounding of offences.

360. Withdrawal from prosecution.

321. Withdrawal from prosecution.

361. Procedure in cases which Magistrate cannot dispose of.

322. Procedure in cases which Magistrate cannot dispose of.

362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.

323. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed.

363. Trial of persons previously convicted of offences against coinage, stamp-law or property.

324. Trial of persons previously convicted of offences against coinage, stamp-law or property.

364. Procedure when Magistrate cannot pass sentence sufficiently severe.

325. Procedure when Magistrate cannot pass sentence sufficiently severe.

365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.

326. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.

366. Court to be open.

327. Court to be open.

CHAPTER XXVII

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

CHAPTER XXV

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

367. Procedure in case of accused being person of unsound mind.

328. Procedure in case of accused being lunatic

368. Procedure in case of person of unsound mind tried before Court.

329. Procedure in case of person of unsound mind tried before Court

369. Release of person of unsound mind pending investigation or trial.

330. Release of person of unsound mind pending investigation or trial.

370. Resumption of inquiry or trial.

331. Resumption of inquiry or trial.

371. Procedure on accused appearing before Magistrate or Court.

332. Procedure on accused appearing before Magistrate or Court.

372. When accused appears to have been of sound mind.

333. When accused appears to have been of sound mind.

373. Judgment of acquittal on ground of unsoundness of mind.

334. Judgment of acquittal on ground of unsoundness of mind.

374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.

335. Person acquitted on ground of unsoundness of mind to be detained in safe custody.

375. Power of State Government to empower officer in charge to discharge.

336. Power of State Government to empower officer in charge to discharge.

376. Procedure where prisoner of unsound mind is reported capable of making his defence.

337. Procedure where lunatic prisoner is reported capable of making his defence.

377. Procedure where person of unsound mind detained is declared fit to be released.

338. Procedure where lunatic detained is declared fit to be released.

378. Delivery of person of unsound mind to care of relative or friend.

339. Delivery of lunatic to care of relative or friend.

CHAPTER XXVIII

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

CHAPTER XXVI

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

379. Procedure in cases mentioned in section 215.

340. Procedure in cases mentioned in section 195

380. Appeal.

341. Appeal.

381. Power to order costs.

342. Power to order costs.

382. Procedure of Magistrate taking cognizance.

343. Procedure of Magistrate taking cognizance.

383. Summary procedure for trial for giving false evidence.

344. Summary procedure for trial for giving false evidence.

384. Procedure in certain cases of contempt.

345. Procedure in certain cases of contempt.

385. Procedure where Court considers that case should not be dealt with under section 384.

346. Procedure where Court considers that case should not be dealt with under section 345.

386. When Registrar or Sub-Registrar to be deemed a Civil Court.

347. When Registrar or Sub-Registrar to be deemed a Civil Court.

387. Discharge of offender on submission of apology.

348. Discharge of offender on submission of apology.

388. Imprisonment or committal of person refusing to answer or produce document.

349. Imprisonment or committal of person refusing to answer or produce document.

389. Summary procedure for punishment for non-attendance by a witness in obedience to summons.

350. Summary procedure for punishment for non-attendance by a witness in obedience to summons.

390. Appeals from convictions under sections 383, 384, 388 and 389.

351. Appeals from convictions under sections 344, 345, 349 and 350.

391. Certain Judges and Magistrates not to try certain offences when committed before themselves.

352. Certain Judges and Magistrates not to try certain offences when committed before themselves.

Chapter XXIX

THE JUDGMENT

Chapter XXVII

THE JUDGMENT

392. Judgment.

353. Judgment.

393. Language and contents of judgment.

354. Language and contents of judgment.

DELETED

355. Metropolitan Magistrate's judgment.

394. Order for notifying address of previously convicted offender.

356. Order for notifying address of previously convicted offender.

395. Order to pay compensation.

357. Order to pay compensation.

396. Victim compensation scheme.

396(1) – 396(6)

357A. Victim compensation scheme.

396(7)

357B. Compensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.

397. Treatment of victims.

357C. Treatment of victims.

398. Witness protection scheme.

New Section

399. Compensation to persons groundlessly arrested.

358. Compensation to persons groundlessly arrested.

400. Order to pay costs in non- cognizable cases.

359. Order to pay costs in non- cognizable cases.

401. Order to release on probation of good conduct or after admonition.

360. Order to release on probation of good conduct or after admonition.

402. Special reasons to be recorded in certain cases.

361. Special reasons to be recorded in certain cases.

403. Court not to alter judgment.

362. Court not to alter judgment.

404. Copy of judgment to be given to the accused and other persons.

363. Copy of judgment to be given to the accused and other persons.

405. Judgment when to be translated.

364. Judgment when to be translated.

406. Court of Session to send copy of finding and sentence to District Magistrate.

365. Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXX

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

CHAPTER XXVIII

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

407. Sentence of death to be submitted by Court of Session for confirmation.

366. Sentence of death to be submitted by Court of Session for confirmation.

408. Power to direct further inquiry to be made or additional evidence to be taken.

367. Power to direct further inquiry to be made or additional evidence to be taken.

409. Power of High Court to confirm sentence or annul conviction.

368. Power of High Court to confirm sentence or annul conviction.

410. Confirmation or new sentence to be signed by two Judges.

369. Confirmation or new sentence to be signed by two Judges.

411. Procedure in case of difference of opinion.

370. Procedure in case of difference of opinion.

412. Procedure in cases submitted to High Court for confirmation.

371. Procedure in cases submitted to High Court for confirmation.

CHAPTER XXXI

APPEALS

CHAPTER XXIX

APPEALS

413. No appeal to lie unless otherwise provided.

372. No appeal to lie unless otherwise provided.

414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.

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

415. Appeals from convictions.

374. Appeals from convictions.

416. No appeal in certain cases when accused pleads guilty.

375. No appeal in certain cases when accused pleads guilty.

417. No appeal in petty cases.

376. No appeal in petty cases.

418. Appeal by State Government against sentence.

377. Appeal by the State Government against sentence.

419. Appeal in case of acquittal.

378. Appeal in case of acquittal.

420. Appeal against conviction by High Court in certain cases.

379. Appeal against conviction by High Court in certain cases.

421. Special right of appeal in certain cases.

380. Special right of appeal in certain cases.

422. Appeal to Court of Session how heard.

381. Appeal to Court of Session how heard.

423. Petition of appeal.

382. Petition of appeal.

424. Procedure when appellant in jail.

383. Procedure when appellant in jail.

425. Summary dismissal of appeal.

384. Summary dismissal of appeal.

426. Procedure for hearing appeals not dismissed summarily.

385. Procedure for hearing appeals not dismissed summarily.

427. Powers of Appellate Court.

386. Powers of the Appellate Court.

428. Judgments of subordinate Appellate Court.

387. Judgments of subordinate Appellate Court.

429. Order of High Court on appeal to be certified to lower Court.

388. Order of High Court on appeal to be certified to lower Court.

430. Suspension of sentence pending the appeal; release of appellant on bail.

389. Suspension of sentence pending the appeal; release of appellant on bail.

431. Arrest of accused in appeal from acquittal.

390. Arrest of accused in appeal from acquittal.

432. Appellate Court may take further evidence or direct it to be taken.

391. Appellate Court may take further evidence or direct it to be taken.

433. Procedure where Judges of Court of Appeal are equally divided.

392. Procedure where Judges of Court of Appeal are equally divided.

434. Finality of judgments and orders on appeal.

393. Finality of judgments and orders on appeal.

435. Abatement of appeals.

394. Abatement of appeals.

CHAPTER XXXII

REFERENCE AND REVISION

CHAPTER XXX

REFERENCE AND REVISION

436. Reference to High Court.

395. Reference to High Court.

437. Disposal of case according to decision of High Court.

396. Disposal of case according to decision of High Court.

438. Calling for records to exercise powers of revision.

397. Calling for records to exercise powers of revision.

439. Power to order inquiry.

398. Power to order inquiry.

440. Sessions Judge’s powers of revision.

399. Sessions Judge’s powers of revision.

441. Power of Additional Sessions Judge.

400. Power of Additional Sessions Judge.

442. High Court’s powers of revision.

401. High Court’s powers of revision.

443. Power of High Court to withdraw or transfer revision cases.

402. Power of High Court to withdraw or transfer revision cases.

444. Option of Court to hear parties.

403. Option of Court to hear parties.

Deleted

404. Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court.

445. High Court’s order to be certified to lower Court.

405. High Court’s order to be certified to lower Court.

CHAPTER XXXIII

TRANSFER OF CRIMINAL CASES

CHAPTER XXXI

TRANSFER OF CRIMINAL CASES

446. Power of Supreme Court to transfer cases and appeals.

406. Power of Supreme Court to transfer cases and appeals.

447. Power of High Court to transfer cases and appeals.

407. Power of High Court to transfer cases and appeals.

448. Power of Sessions Judge to transfer cases and appeals.

408. Power of Sessions Judge to transfer cases and appeals.

449. Withdrawal of cases and appeals by Sessions Judges.

409. Withdrawal of cases and appeals by Sessions Judge.

450. Withdrawal of cases by Judicial Magistrates.

410. Withdrawal of cases by Judicial Magistrate.

451. Making over or withdrawal of cases by Executive Magistrates.

411. Making over or withdrawal of cases by Executive Magistrates.

452. Reasons to be recorded.

412 Reasons to be recorded.

CHAPTER XXXIV

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death Sentences

CHAPTER XXXII

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

A.—Death Sentences

453. Execution of order passed under section 409

413. Execution of order passed under section 368

454. Execution of sentence of death passed by High Court.

414. Execution of sentence of death passed by High Court.

455. Postponement of execution of sentence of death in case of appeal to Supreme Court.

415. Postponement of execution of sentence of death in case of appeal to Supreme Court.

456. Commutation of sentence of death on pregnant woman.

416. Postponement of capital sentence on pregnant woman.

B.—Imprisonment

B.—Imprisonment

457. Power to appoint place of imprisonment.

417. Power to appoint place of imprisonment.

458. Execution of sentence of imprisonment.

418. Execution of sentence of imprisonment.

459. Direction of warrant for execution.

419. Direction of warrant for execution.

460. Warrant with whom to be lodged.

420. Warrant with whom to be lodged.

C.—Levy of fine

C.—Levy of fine

461. Warrant for levy of fine.

421. Warrant for levy of fine.

462. Effect of such warrant.

422. Effect of such warrant.

463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.

423. Warrant for levy of fine issued by a Court in any territory to which this Code does not extend.

464. Suspension of execution of sentence of imprisonment.

424. Suspension of execution of sentence of imprisonment.

D.—General provisions regarding execution

D.—General provisions regarding execution

465. Who may issue warrant.

425. Who may issue warrant.

466. Sentence on escaped convict when to take effect.

426. Sentence on escaped convict when to take effect.

467. Sentence on offender already sentenced for another offence.

427. Sentence on offender already sentenced for another offence.

468. Period of detention undergone by accused to be set off against sentence of imprisonment.

428. Period of detention undergone by accused to be set off against sentence of imprisonment.

469. Saving.

429. Saving.

470. Return of warrant on execution of sentence.

430. Return of warrant on execution of sentence.

471. Money ordered to be paid recoverable as a fine.

431. Money ordered to be paid recoverable as a fine.

E.—Suspension, remission and commutation of sentences

E.—Suspension, remission and commutation of sentences

472. Mercy Petition in death sentence cases.

New Section

473. Power to suspend or remit sentences.

432. Power to suspend or remit sentences.

474. Power to commute sentence.

433. Power to commute sentence.

475. Restriction on powers of remission or commutation in certain cases.

433A. Restriction on powers of remission or commutation in certain cases.

476. Concurrent power of Central Government in case of death sentences.

434. Concurrent power of Central Government in case of death sentences.

477. State Government to act after concurrence with Central Government in certain cases.

435. State Government to act after concurrence with Central Government in certain cases.

CHAPTER XXXV


PROVISIONS AS TO BAIL AND BONDS

CHAPTER XXXIII

PROVISIONS AS TO BAIL AND BONDS

478. In what cases bail to be taken.

436. In what cases bail to be taken.

479. Maximum period for which undertrial prisoner can be detained.

436A. Maximum period for which undertrial prisoner can be detained.

480. When bail may be taken in case of non-bailable offence.

437. When bail may be taken in case of non-bailable offence.

481. Bail to require accused to appear before next appellate Court.

437A. Bail to require accused to appear before next appellate Court.

482. Direction for grant of bail to person apprehending arrest.

438. Direction for grant of bail to person apprehending arrest.

483. Special powers of High Court or Court of Session regarding bail.

439. Special powers of High Court or Court of Session regarding bail.

484. Amount of bond and reduction thereof.

440. Amount of bond and reduction thereof.

485. Bond of accused and sureties.

441. Bond of accused and sureties.

486. Declaration by sureties.

441A. Declaration by sureties.

487. Discharge from custody.

442. Discharge from custody.

488. Power to order sufficient bail when that first taken is insufficient.

443. Power to order sufficient bail when that first taken is insufficient

489. Discharge of sureties.

444. Discharge of sureties.

490. Deposit instead of recognizance.

445. Deposit instead of recognizance.

491. Procedure when bond has been forfeited.

446. Procedure when bond has been forfeited.

492. Cancellation of bond and bail bond.

446A. Cancellation of bond and bail bond.

493. Procedure in case of insolvency or death of surety or when a bond is forfeited.

447. Procedure in case of insolvency or death of surety or when a bond is forfeited.

494. Bond required from child.

448. Bond required from minor.

495. Appeal from orders under section 491.

449. Appeal from orders under section 446.

496. Power to direct levy of amount due on certain recognizances.

450. Power to direct levy of amount due on certain recognizances.

CHAPTER XXXVI

DISPOSAL OF PROPERTY

CHAPTER XXXIV

DISPOSAL OF PROPERTY

497. Order for custody and disposal of property pending trial in certain cases.

451. Order for custody and disposal of property pending trial in certain cases.

497(2)

New Sub-Section

497(3)

New Sub-Section

497(4)

New Sub-Section

497(5)

New Sub-Section

498. Order for disposal of property at conclusion of trial.

452. Order for disposal of property at conclusion of trial.

499. Payment to innocent purchaser of money found on accused.

453. Payment to innocent purchaser of money found on accused.

500. Appeal against orders under section 498 or section 499.

454. Appeal against orders under section 452 or section 453.

501. Destruction of libellous and other matter.

455 Destruction of libellous and other matter.

502. Power to restore possession of immovable property.

456 Power to restore possession of immovable property.

503. Procedure by police upon seizure of property.

457. Procedure by police upon seizure of property.

504. Procedure where no claimant appears within six months.

458. Procedure where no claimant appears within six months.

505. Power to sell perishable property.

459. Power to sell perishable property.

CHAPTER XXXVII

IRREGULAR PROCEEDINGS

CHAPTER XXXV

IRREGULAR PROCEEDINGS

506. Irregularities which do not vitiate proceedings.

460. Irregularities which do not vitiate proceedings.

507. Irregularities which vitiate proceedings.

461. Irregularities which vitiate proceedings.

508. Proceedings in wrong place.

462. Proceedings in wrong place.

509. Non-compliance with provisions of section 183 or section 316.

463. Non-compliance with provisions of section 164 or section 281.

510. Effect of omission to frame, or absence of, or error in, charge.

464. Effect of omission to frame, or absence of, or error in, charge.

511. Finding or sentence when reversible by reason of error, omission or irregularity.

465. Finding or sentence when reversible by reason of error, omission or irregularity.

512. Defect or error not to make attachment unlawful.

466. Defect or error not to make attachment unlawful.

CHAPTER XXXVIII

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

CHAPTER XXXVI

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

513. Definitions.

467. Definitions.

514. Bar to taking cognizance after lapse of period of limitation.

468. Bar to taking cognizance after lapse of the period of limitation.

515. Commencement of period of limitation.

469. Commencement of the period of limitation.

516. Exclusion of time in certain cases.

470. Exclusion of time in certain cases.

517. Exclusion of date on which Court is closed.

471. Exclusion of date on which Court is closed.

518. Continuing offence.

472. Continuing offence.

519. Extension of period of limitation in certain cases.

473. Extension of period of limitation in certain cases.

CHAPTER XXXIX

MISCELLANEOUS

CHAPTER XXXVII

MISCELLANEOUS

520. Trials before High Courts.

474. Trials before High Courts.

521. Delivery to commanding officers of persons liable to be tried by Court-martial.

475. Delivery to commanding officers of persons liable to be tried by Court- martial.

522. Forms.

476. Forms.

523. Power of High Court to make rules.

477. Power of High Court to make rules.

524. Power to alter functions allocated to Executive Magistrate in certain cases.

478. Power to alter functions allocated to Executive Magistrate in certain cases.

525. Cases in which Judge or Magistrate is personally interested.

479. Cases in which Judge or Magistrate is personally interested.

526. Practising advocate not to sit as Magistrate in certain Courts.

480. Practising pleader not to sit as Magistrate in certain Courts.

527. Public servant concerned in sale not to purchase or bid for property.

481. Public servant concerned in sale not to purchase or bid for property.

528. Saving of inherent powers of High Court.

482. Saving of inherent powers of High Court.

529. Duty of High Court to exercise continuous superintendence over Courts.

483. Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.

530. Trial and proceedings to be held in electronic mode.

New Section

531. Repeal and savings.

484. Repeal and savings.

Chapters and Sections

Chapter I

PRELIMINARY

Short title, extent and commencement.

  1. (1) This Act may be called the Bharatiya Nagarik Suraksha Sanhita, 2023.
    1. The provisions of this Sanhita, other than those relating to Chapters IX, XII thereof, shall not apply—
      1. to the State of Nagaland;
      2. to the tribal areas,
but the concerned State Government may, by notification, apply such provisions or any ofthem to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications, as may be specified in the notification.

Explanation.—In this section, “tribal areas” means the territories which immediately before the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of Shillong.

  1. It shall come into force on such date as the Central Government may, by notificationin the Official Gazette, appoint.

Definitions.

  1. (1) In this Sanhita, unless the context otherwise requires,—
  1. “audio-video electronic means” shall include use of any communication device for the purposes of video conferencing, recording of processes of identification, search and seizure or evidence, transmission of electronic communication and for such other purposes and by such other means as the State Government may, by rules provide;
  2. “bail” means release of a person accused of or suspected of commission of an offence from the custody of law upon certain conditions imposed by an officer or Court on execution by such person of a bond or a bail bond;
  1. “bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence;
  2. “bail bond” means an undertaking for release with surety;
  3. “bond” means a personal bond or an undertaking for release without surety;
  4. “charge” includes any head of charge when the charge contains more heads than one;
  1. “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;
  2. “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Sanhita, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Explanation.—A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
  1. “electronic communication” means the communication of any written, verbal, pictorial information or video content transmitted or transferred (whether from one person to another or from one device to another or from a person to a device or from a device to a person) by means of an electronic device including a telephone, mobile phone, or other wireless telecommunication device, or a computer, or audio-video player or camera or any other electronic device or electronic form as may be specified by notification, by the Central Government;
  2. “High Court” means,—
    1. in relation to any State, the High Court for that State;
    2. in relation to a Union territory to which the jurisdiction of the High Court for a State has been extended by law, that High Court;
    3. in relation to any other Union territory, the highest Court of criminal appeal for that territory other than the Supreme Court of India;
  3. “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court;
  4. “investigation” includes all the proceedings under this Sanhita for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail;
  1. “judicial proceeding” includes any proceeding in the course of which evidence is or may be legally taken on oath;
  2. “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area may comprise the whole of the State, or any part of the State, as the State Government may, by notification, specify;
  1. “non-cognizable offence” means an offence for which, and “non- cognizable case” means a case in which, a police officer has no authority to arrest without warrant;
  2. “notification” means a notification published in the Official Gazette;
  3. “offence” means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the Cattle Trespass Act, 1871;
  4. “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;
  5. “place” includes a house, building, tent, vehicle and vessel;
  6. “police report” means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193;
  7. “police station” means any post or place declared generally or specially by the State Government, to be a police station, and includes any local area specified by the State Government in this behalf;
  8. “Public Prosecutor” means any person appointed under section 18, and includes any person acting under the directions of a Public Prosecutor;
  9. “sub-division” means a sub-division of a district;
  10. “summons-case” means a case relating to an offence, and not being a warrant-case;
  11. “victim” means a person who has suffered any loss or injury caused by reason of the act or omission of the accused person and includes the guardian or legal heir of such victim;
  12. “warrant-case” means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
  • (2) Words and expressions used herein and not defined but defined in the Information Technology Act, 2000 and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings respectively assigned to them in that Act and Sanhita.

Construction of references.

  1. (1) Unless the context otherwise requires, any reference in any law, to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area.
  1. Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to matters,—
  1. which involve the appreciation or shifting of evidence or the formulation of any decision which exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, they shall, subject to the provisions of this Sanhita, be exercisable by a Judicial Magistrate; or
  2. which are administrative or executive in nature, such as, the granting of a licence, the suspension or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, subject to the provisions of clause (a) be exercisable by an Executive Magistrate.

Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.

  1. (1) All offences under the Bharatiya Nyaya Sanhita, 2023 shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.
(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.

Saving.

  1. Nothing contained in this Sanhita shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force.

CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Classes of Criminal Courts.

  1. Besides the High Courts and the Courts constituted under any law, other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—
  1. Courts of Session;
  2. Judicial Magistrates of the first class;
  3. Judicial Magistrates of the second class; and
  4. Executive Magistrates.

Territorial divisions.

  1. (1) Every State shall be a sessions division or shall consist of sessions divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of districts.
  1. The State Government may, after consultation with the High Court, alter the limits or the number of such divisions and districts.
  2. The State Government may, after consultation with the High Court, divide any district into sub-divisions and may alter the limits or the number of such sub- divisions.
  3. The sessions divisions, districts and sub-divisions existing in a State at the commencement of this Sanhita, shall be deemed to have been formed under this section.

Court of Session.

  1. (1) The State Government shall establish a Court of Session for every sessions division.
  1. Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
  2. The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of Session.
  3. The Sessions Judge of one sessions division may be appointed by the High Court to be also an Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such place or places in the other division as the High Court may direct.
  4. Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any urgent application which is, or may be, made or pending before such Court of Session by an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
  5. The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses therein.
  6. The Sessions Judge may, from time to time, make orders consistent with this Sanhita, as to the distribution of business among such Additional Sessions Judges.
  7. The Sessions Judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction to deal with any such application.

Explanation.—For the purposes of this Sanhita, “appointment” does not include the first appointment, posting or promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a State, where under any law, such appointment, posting or promotion is required to be made by the Government.

Courts of Judicial Magistrates.

  1. (1) In every district there shall be established as many Courts of Judicial Magistrates of the first class and of the second class, and at such places, as the State Government may, after consultation with the High Court, by notification, specify:

Provided that the State Government may, after consultation with the High Court, establish, for any local area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any particular case or particular class of cases, and where any such Special Court is established, no other Court of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such Special Court of Judicial Magistrate has been established.

  1. The presiding officers of such Courts shall be appointed by the High Court.
  2. The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as a Judge in a Civil Court.

Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.

  1. (1) In every district, the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.
  1. The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Sanhita or under any other law for the time being in force as the High Court may direct.
  2. The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
  3. Subject to the general control of the Chief Judicial Magistrate, every Sub- divisional Judicial Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order, specify in this behalf.

Special Judicial Magistrates.

  1. (1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area:

Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.

Local Jurisdiction of Judicial Magistrates.

  1. (1) Subject to the control of the High Court, the Chief Judicial Magistrate may, from time to time, define the local limits of the areas within which the Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which they may respectively be invested under this Sanhita:

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local area for which it is established.

  1. Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.
  2. Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district.

Subordination of Judicial Magistrates.

  1. (1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.

Executive Magistrates.

  1. (1) In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
  1. The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.
  1. Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.
  2. The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
  3. The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.
  4. Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.

Special Executive Magistrates.

  1. The State Government may appoint, for such term as it may think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable under this Sanhita on Executive Magistrates, as it may deem fit.

Local Jurisdiction of Executive Magistrates.

  1. (1) Subject to the control of the State Government, the District Magistrate may, from time to time, define the local limits of the areas within which the Executive Magistrates may exercise all or any of the powers with which they may be invested under this Sanhita.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such Magistrate shall extend throughout the district.

Subordination of Executive Magistrates.

  1. (1) All Executive Magistrates shall be subordinate to the District Magistrate, and every Executive Magistrate (other than the Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub- divisional Magistrate, subject, to the general control of the District Magistrate.
  1. The District Magistrate may, from time to time, make rules or give special orders, consistent with this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate to him.

Public Prosecutors.

  1. (1) For every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government, as the case may be:

Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation with the High Court of Delhi, appoint the Public Prosecutor or Additional Public Prosecutors for the purposes of this sub-section.

  1. The Central Government may appoint one or more Public Prosecutors for the purpose of conducting any case in any district or local area.

  2. For every district, the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be appointed also to be a Public Prosecutor or an Additional Public Prosecutor, as the case may be, for another district.

  1. The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors for the district.
  2. No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate under sub-section (4).
  3. Notwithstanding anything in sub-section (5), where in a State there exists a regular Cadre of Prosecuting Officers, the State Government shall appoint a Public Prosecutor or an Additional Public Prosecutor only from among the persons constituting such Cadre:

Provided that where, in the opinion of the State Government, no suitable person is available in such Cadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under sub- section (4).

Explanation.—For the purposes of this sub-section,—

(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of Assistant Public Prosecutors, by whatever name called, to that post;

(b) “Prosecuting Officer” means a person, by whatever name called, appointed to perform the functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant Public Prosecutor under this Sanhita.

  1. A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub-section (1) or sub-section (2) or sub-section or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
  1. The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor:

Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.

  1. For the purposes of sub-section (7) and sub-section (8), the period during which a person has been in practice as an advocate, or has rendered (whether before or after the commencement of this Sanhita) service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person has been in practice as an advocate.

Assistant Public Prosecutors.

  1. (1) The State Government shall appoint in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.
  1. The Central Government may appoint one or more Assistant Public Prosecutors for the purpose of conducting any case or class of cases in the Courts of Magistrates.
  2. Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to the State Government:

Provided that no police officer shall be eligible to be appointed as an Assistant Public Prosecutor, if he—

(a) has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or

(b) is below the rank of Inspector.

Directorate of Prosecution.

  1. (1) The State Government may establish,—

(a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit; and

(b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors and Assistant Directors of Prosecution, as it thinks fit.

  1. A person shall be eligible to be appointed,—

(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as an advocate for not less than fifteen years or is or has been a Sessions Judge;

(b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less than seven years or has been a Magistrate of the first class.

  1. The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function under the administrative control of the Home Department in the State.
  2. Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy Director of Prosecution.
  3. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High Court shall be subordinate to the Director of Prosecution.
  1. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District Courts and every Assistant Public Prosecutor appointed under sub-section (1) of section 19 shall be subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution.
  1. The powers and functions of the Director of Prosecution shall be to monitor cases in which offences are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings and to give opinion on filing of appeals.
  2. The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise police report and monitor the cases in which offences are punishable for seven years or more, but less than ten years, for ensuring their expeditious disposal.
  3. The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences are punishable for less than seven years.
  4. Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings under this Sanhita.
  5. The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by notification, specify.
  6. The provisions of this section shall not apply to the Advocate General for the State while performing the functions of a Public Prosecutor.

CHAPTER III

POWER OF COURTS

Courts by which offences are triable.

  1. Subject to the other provisions of this Sanhita,—

(a) any offence under the Bharatiya Nyaya Sanhita, 2023 may be tried by

(i)the

(ii)the Court of Session; or

(iii)any other Court by which such offence is shown in the First Schedule to be triable:

Provided that any offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 shall be tried as far as practicable by a Court presided over by a woman;

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court and when no Court is so mentioned, may be tried by—

(i)the High Court; or

(ii)any other Court by which such offence is shown in the First Schedule to be triable.

Sentences which High Courts and Sessions Judges may pass.

  1. (1) A High Court may pass any sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

Sentences which Magistrates may pass.

  1. (1) The Court of a Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years.
  1. The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.
  2. The Court of Magistrate of the second class may pass a sentence of imprisonment for a term not exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service.

Explanation.—”Community service” shall mean the work which the Court may order a convict to perform as a form of punishment that benefits the community, for which he shall not be entitled to any remuneration.

Sentence of imprisonment in default of fine.

  1. (1) The Court of a Magistrate may award such term of imprisonment in default of payment of fine as is authorised by law:

Provided that the term—

(a) is not in excess of the powers of the Magistrate under section 23;

(b)shall not, where imprisonment has been awarded as part of the substantive sentence, exceed one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of the fine.

(2) The imprisonment awarded under this section may be in addition to a substantive sentence of imprisonment for the maximum term awardable by the Magistrate under section 23.

Sentence in cases of conviction of several offences at one trial.

  1. (1) When a person is convicted at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which such Court is competent to inflict and the Court shall, considering the gravity of offences, order such punishments to run concurrently or consecutively.
  1. In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the aggregate punishment for the several offences being in excess of the punishment which it is competent to inflict on conviction of a single offence, to send the offender for trial before a higher Court:
Provided that—

(a) in no case shall such person be sentenced to imprisonment for a longer period than twenty years;

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is competent to inflict for a single offence.

  1. For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed against him under this section shall be deemed to be a single sentence.

Mode of conferring powers.

  1. (1) In conferring powers under this Sanhita, the High Court or the State Government, as the case may be, may, by order, empower persons specially by name or in virtue of their offices or classes of officials generally be their official titles.
(2) Every such order shall take effect from the date on which it is communicated to the person so empowered.

Powers of officers appointed.

  1. Whenever any person holding an office in the service of Government who has been invested by the High Court or the State Government with any powers under this Sanhita throughout any local area is appointed to an equal or higher office of the same nature, within a like local area under the same State Government, he shall, unless the High Court or the State Government, as the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in which he is so appointed.

Withdrawal of powers.

  1. (1) The High Court or the State Government, as the case may be, may withdraw all or any of the powers conferred by it under this Sanhita on any person or by any officer subordinate to it.
(2) Any powers conferred by the Chief Judicial Magistrate or by the District Magistrate may be withdrawn by the respective Magistrate by whom such powers were conferred.

Powers of Judges and Magistrates exercisable by their successors-in- office.

  1. (1) Subject to the other provisions of this Sanhita, the powers and duties of a Judge or Magistrate may be exercised or performed by his successor-in-office.
  1. When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by order in writing the Judge who shall, for the purposes of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office.
  2. When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the successor-in-office of such Magistrate.

CHAPTER IV

POWERS OF SUPERIOR OFFICERS OF POLICE AND AID TO THE MAGISTRATES AND THE POLICE

Powers of superior officers of police.

  1. Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.

Public when to assist Magistrates and police

  1. Every person is bound to assist a Magistrate or police officer reasonably demanding his aid—

(a)in the taking or preventing the escape of any other person whom such Magistrate or police officer is authorised to arrest; or

(b)in the prevention or suppression of a breach of the peace; or

(c)in the prevention of any injury attempted to be committed to any public property.

Aid to person, other than police officer, executing warrant.

  1. When a warrant is directed to a person other than a police officer, any other person may aid in the execution of such warrant, if the person to whom the warrant is directed be near at hand and acting in the execution of the warrant.

Public to give information of certain offences.

  1. (1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely:—

(i)sections 103 to 105 (both inclusive);

(ii)sections 111 to 113 (both inclusive);

(iii)sections 140 to 144 (both inclusive);

(iv)sections 147 to 154 (both inclusive) and section 158;

(v)sections 178 to 182 (both inclusive);

(vi)sections 189 and 191;

(vii)sections 274 to 280 (both inclusive);

(viii)section 307;

(a)sections 309 to 312 (both inclusive);

(ix)sub-section (5) of section 316;

(x)sections 326 to 328 (both inclusive); and

(xi)sections 331 and 332,

shall, in the absence of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such commission or intention. (2) For the purposes of this section, the term “offence” includes any act committed at any place out of India which would constitute an offence if committed in India.

Duty of officers employed in connection with affairs of a village to make certain report.

  1. (1) Every officer employed in connection with the affairs of a village and every person residing in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest police station, whichever is nearer, any information which he may possess respecting—

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in or near such village;

(b) the resort to any place within, or the passage through, such village of any person whom he knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender;

(c) the commission of, or intention to commit, in or near such village any non-bailable offence or any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023;

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance from such village of any person in circumstances which lead to a reasonable suspicion that a non-bailable offence has been committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of India near such village any act which, if committed in India, would be an offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332;

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of person or property respecting which the District Magistrate, by general or special order made with the previous sanction of the State Government, has directed him to communicate information.

(2) In this section,—

(i) “village” includes village lands;

(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act which if committed in the territories to which this Sanhita extends, would be an offence punishable under any of the offence punishable with imprisonment for ten years or more or with imprisonment for life or with death under the Bharatiya Nyaya Sanhita, 2023;

(iii) the words “officer employed in connection with the affairs of the village” means a member of the panchayat of the village and includes the headman and every officer or other person appointed to perform any function connected with the administration of the village.

CHAPTER V
ARREST OF PERSONS

When police may arrest without warrant.

  1. (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person—

(a) who commits, in the presence of a police officer, a cognizable offence; or

(b) against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely:—

(i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary—

(a) to prevent such person from committing any further offence; or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or

(d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or

(e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured,and the police officer shall record while making such arrest, his reasons in writing:

Provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest; or

(f) against whom credible information has been received that he has committed a cognizable offence punishable with imprisonment for a term which may extend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence; or

(g) who has been proclaimed as an offender either under this Sanhita or by order of the State Government; or

(h) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offence with reference to such thing; or

(i) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or

(j) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or

(k) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or

(l) who, being a released convict, commits a breach of any rule made under sub-section (5) of section 394; or

(m) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition.

  1. Subject to the provisions of section 39, no person concerned in a non- cognizable offence or against whom a complaint has been made or credible information has been received or reasonable suspicion exists of his having so concerned, shall be arrested except under a warrant or order of a Magistrate.
  2. The police officer shall, in all cases where the arrest of a person is not required under sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
  3. Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice.
  4. Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
  5. Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice.
  6. No arrest shall be made without prior permission of an officer not below the rank of Deputy Superintendent of Police in case of an offence which is punishable for imprisonment of less than three years and such person is infirm or is above sixty years of age.

Procedure of arrest and duties of officer making arrest.

  1. Every police officer while making an arrest shall—

(a) bear an accurate, visible and clear identification of his name which will facilitate easy identification;

(b) prepare a memorandum of arrest which shall be—

(i) attested by at least one witness, who is a member of the family of the person arrested or a respectable member of the locality where the arrest is made;

(ii) countersigned by the person arrested; and

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that he has a right to have a relative or a friend or any other person named by him to be informed of his arrest.

Designated police officer.

  1. The State Government shall—

(a) establish a police control room in every district and at State level;

(b) designate a police officer in every district and in every police station, not below the rank of Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the names and addresses of the persons arrested, nature of the offence with which charged, which shall be prominently displayed in any manner including in digital mode in every police station and at the district headquarters.

Right of arrested person to meet an advocate of his choice during interrogation.

  1. When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

Arrest on refusal to give name and residence.

  1. (1) When any person who, in the presence of a police officer, has committed or has been accused of committing a non-cognizable offence refuses on demand of such officer to give his name and residence or gives a name or residence which such officer has reason to believe to be false, he may be arrested by such officer in order that his name or residence may be ascertained.
  1. When the true name and residence of such person have been ascertained, he shall be released on a bond or bail bond, to appear before a Magistrate if so required:
Provided that if such person is not resident in India, the bail bond shall be secured by a surety or sureties resident in India.
  1. If the true name and residence of such person is not ascertained within twenty-four hours from the time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, he shall forthwith be forwarded to the nearest Magistrate having jurisdiction.

Arrest by private person and procedure on such arrest.

  1. (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, take such person or cause him to be taken in custody to the nearest police station.
  1. If there is reason to believe that such person comes under the provisions of sub-section (1) of section 35, a police officer shall take him in custody.
  2. If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.

Arrest by Magistrate.

  1. (1) When any offence is committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.
(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the circumstances to issue a warrant.

Protection of members of Armed Forces from arrest.

  1. (1) Notwithstanding anything contained in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be arrested for anything done or purported to be done by him in the discharge of his official duties except after obtaining the consent of the Central Government.
(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply to such class or category of the members of the Force charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.

Arrest how made.

  1. (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:
Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.
  1. If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.
  2. The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is a habitual or repeat offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.
  1. Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
  2. Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or the arrest is to be made.

Search of place entered by person sought to be arrested.

  1. (1) If any person acting under a warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
  1. If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for a person acting under a warrant and in any case in which a warrant may issue, but cannot be obtained without affording the person to be arrested an opportunity of escape, for a police officer to enter such place and search therein, and in order to effect an entrance into such place, to break open any outer or inner door or window of any house or place, whether that of the person to be arrested or of any other person, if after notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain admittance:
Provided that if any such place is an apartment in the actual occupancy of a female (not being the person to be arrested) who, according to custom, does not appear in public, such person or police officer shall, before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford her every reasonable facility for withdrawing, and may then break open the apartment and enter it.
  1. Any police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place in order to liberate himself or any other person who, having lawfully entered for the purpose of making an arrest, is detained therein.

Pursuit of offenders into other jurisdictions.

  1. A police officer may, for the purpose of arresting without warrant any person whom he is authorised to arrest, pursue such person into any place in India.

No unnecessary restraint.

  1. The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.

Person arrested to be informed of grounds of arrest and of right to bail.

  1. (1) Every police officer or other person arresting any person without warrant shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds for such arrest.
  1. Where a police officer arrests without warrant any person other than a person accused of a non-bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.

Obligation of person making arrest to inform about arrest, etc., to relative or friend.

  1. (1) Every police officer or other person making any arrest under this Sanhita shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his relatives, friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information and also to the designated police officer in the district.
  1. The police officer shall inform the arrested person of his rights under sub- section (1) as soon as he is brought to the police station.
  2. An entry of the fact as to who has been informed of the arrest of such person shall be made in a book to be kept in the police station in such form as the State Government may, by rules, provide.
  3. It shall be the duty of the Magistrate before whom such arrested person is produced, to satisfy himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of such arrested person.

Search of arrested person.

  1. (1) Whenever,—

(i) a person is arrested by a police officer under a warrant which does not provide for the taking of bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; and

(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made by a private person, the police officer to whom he makes over the person arrested, may search such person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him and where any article is seized from the arrested person, a receipt showing the articles taken in possession by the police officer shall be given to such person.

(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

Power to seize offensive weapons.

  1. The police officer or other person making any arrest under this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons which he has about his person, and shall deliver all weapons so taken to the Court or officer before which or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested.

Examination of accused by medical practitioner at request of police officer.

  1. (1) When a person is arrested on a charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of an offence, it shall be lawful for a registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary for that purpose.
  1. Whenever the person of a female is to be examined under this section, the examination shall be made only by, or under the supervision of, a female registered medical practitioner.
  2. The registered medical practitioner shall, without any delay, forward the examination report to the investigating officer.
Explanation.—In this section and sections 52 and 53,—

(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual offences, sputum and sweat, hair samples and finger nail clippings by the use of modern and scientific techniques including DNA profiling and such other tests which the registered medical practitioner thinks necessary in a particular case;

(b) “registered medical practitioner” means a medical practitioner who possesses any medical qualification recognised under the National Medical Commission Act, 2019 and whose name has been entered in the National Medical Register or a State Medical Register under that Act.

Examination of person accused of rape by medical practitioner.

  1. (1) When a person is arrested on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such offence, it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the place where the offence has been committed, by any other registered medical practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid and under his direction, to make such an examination of the arrested person and to use such force as is reasonably necessary for that purpose.
  1. The registered medical practitioner conducting such examination shall, without any delay, examine such person and prepare a report of his examination giving the following particulars, namely:—
    1. the name and address of the accused and of the person by whom he was rought;
    2. the age of the accused;
    3. marks of injury, if any, on the person of the accused;
    4. the description of material taken from the person of the accused for DNA profiling; and
    5. other material particulars in reasonable detail.
  2. The report shall state precisely the reasons for each conclusion arrived at.
  3. The exact time of commencement and completion of the examination shall also be noted in the report.
  4. The registered medical practitioner shall, without any delay, forward the report to the investigating officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section.

Examination of arrested person by medical officer.

  1. (1) When any person is arrested, he shall be examined by a medical officer in the service of the Central Government or a State Government, and in case the medical officer is not available, by a registered medical practitioner soon after the arrest is made:
Provided that if the medical officer or the registered medical practitioner is of the opinion that one more examination of such person is necessary, he may do so: Provided further that where the arrested person is a female, the examination of the body shall be made only by or under the supervision of a female medical officer, and in case the female medical officer is not available, by a female registered medical practitioner.
  1. The medical officer or a registered medical practitioner so examining the arrested person shall prepare the record of such examination, mentioning therein any injuries or marks of violence upon the person arrested, and the approximate time when such injuries or marks may have been inflicted.
  2. Where an examination is made under sub-section (1), a copy of the report of such examination shall be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested person or the person nominated by such arrested person.

Identification of person arrested.

    1. Where a person is arrested on a charge of committing an offence and his identification by any other person or persons is considered necessary for the purpose of investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of a police station, direct the person so arrested to subject himself to identification by any person or persons in such manner as the Court may deem fit:
Provided that if the person identifying the person arrested is mentally or physically disabled, such process of identification shall take place under the supervision of a Magistrate who shall take appropriate steps to ensure that such person identifies the person arrested using methods that person is comfortable with and the identification process shall be recorded by any audio-video electronic means.

Procedure when police officer deputes subordinate to arrest without warrant.

      1. (1) When any officer in charge of a police station or any police officer making an investigation under Chapter XIII requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be arrested the substance of the order and, if so required by such person, shall show him the order.
(2) Nothing in sub-section (1) shall affect the power of a police officer to arrest a person under section 35.

Health and safety of arrested person.

      1. It shall be the duty of the person having the custody of an accused to take reasonable care of the health and safety of the accused.

Person arrested to be taken before Magistrate or officer in charge of police station.

      1. A police officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the case, or before the officer in charge of a police station.

Person arrested not to be detained more than twenty-four hours.

      1. No police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 187, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court, whether having jurisdiction or not.

Police to report apprehensions.

      1. Officers in charge of police stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without warrant, within the limits of their respective stations, whether such persons have been admitted to bail or otherwise.

Discharge of person apprehended.

      1. No person who has been arrested by a police officer shall be discharged except on his bond, or bail bond, or under the special order of a Magistrate.

Power, on escape, to pursue and retake.

      1. (1) If a person in lawful custody escapes or is rescued, the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any place in India.
(2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making any such arrest is not acting under a warrant and is not a police officer having authority to arrest.

Arrest to be made strictly according to Sanhita.

62. No arrest shall be made except in accordance with the provisions of this Sanhita or any other law for the time being in force providing for arrest.

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

A—Summons

Form of summons.

  1. Every summons issued by a Court under this Sanhita shall be,—

(i) in writing, in duplicate, signed by the presiding officer of suchCourt or by such other officer as the High Court may, from time to time,by rule direct, and shall bear the seal of the Court; or

(ii) in an encrypted or any other form of electronic communication andshall bear the image of the seal of the Court or digital signature.

Summons how served.

  1. (1) Every summons shall be served by a police officer, or subject to such as the State Government may make in this behalf, by anofficer of the Court issuing it or other public servant:

Provided that the police station or the registrar in the Court shall maintain a register to enter the address, email address, phone number and such other details as the State Government may, by , provide.

  1. The summons shall, if practicable, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons:

Provided that summons bearing the image of Court’s seal may also be served by electronic communication in such form and in such manner, asthe State Government may, by , provide.

  1. Every person on whom a summons is so served personally shall, ifso required by the serving officer, sign a receipt therefor on the backof the other duplicate.

Serviceof summons on corporate bodies, firms, and societies.

  1. (1) Service of a summons on a company or corporation may beeffected by serving it on the Director, Manager, Secretary or otherofficer of the company or corporation, or by letter sent by registeredpost addressed to the Director, Manager, Secretary or other officer ofthe company or corporation in India, in which case the service shall bedeemed to have been effected when the letter would arrive in ordinarycourse of post.

Explanation.—In this section, “company” means a bodycorporate and “corporation” means an incorporated company or other bodycorporate registered under the Companies Act, 2013 or a societyregistered under the Societies Registration Act, 1860.

(2) Service of a summons on a firm or other association ofindividuals may be effected by serving it on any partner of such firm orassociation, or by letter sent by registered post addressed to suchpartner, in which case the service shall be deemed to have been effectedwhen the letter would arrive in ordinary course of post.

Service whenpersons summoned cannot be found.

  1. Where the person summoned cannot, by the exercise of duediligence, be found, the summons may be served by leaving one of theduplicates for him with some adult member of his family residing withhim, and the person with whom the summons is so left shall, if sorequired by the serving officer, sign a receipt therefor on the back ofthe other duplicate.

Explanation.—A servant is not a member of the family withinthe meaning of this section.

Procedurewhen service cannot be effected as before provided.

  1. If service cannot by the exercise of due diligence be effected asprovided in section 64, section 65 or section 66, the serving officershall affix one of the duplicates of the summons to some conspicuouspart of the house or homestead in which the person summoned ordinarilyresides; and thereupon the Court, after making such inquiries as itthinks fit, may either declare that the summons has been duly served ororder fresh service in such manner as it considers proper.

Service on Governmentservant.

  1. (1) Where the person summoned is in the active service of theGovernment, the Court issuing the summons shall ordinarily send it induplicate to the head of the office in which such person is employed;and such head shall thereupon cause the summons to be served in themanner provided by section 64, and shall return it to the Court underhis signature with the endorsement required by that section.

(2) Such signature shall be evidence of due service.

Service of summonsoutside local limits.

  1. When a Court desires that a summons issued by it shall be servedat any place outside its local jurisdiction, it shall ordinarily sendsuch summons in duplicateto a Magistrate within whose local jurisdiction the person summonedresides, or is, to be there served.

Proofof service in such cases and when serving officer not present.

  1. (1) When a summons issued by a Court is served outside its localjurisdiction, and in any case where the officer who has served a summonsis not present at the hearing of the case, an affidavit, purporting tobe made before a Magistrate, that such summons has been served, and aduplicate of the summons purporting to be endorsed (in the mannerprovided by section 64 or section 66) by the person to whom it wasdelivered or tendered or with whom it was left, shall be admissible inevidence, and the statements made therein shall be deemed to be correctunless and until the contrary is proved.
  1. The affidavit mentioned in this section may be attached to theduplicate of the summons and returned to the Court.
  2. All summons served through electronic communication undersections 64 to 71 (both inclusive) shall be considered as duly servedand a copy of such summons shall be attested and kept as a proof ofservice of summons.

Service of summons onwitness.

  1. (1) Notwithstanding anything contained in the preceding sectionsof this Chapter, a Court issuing a summons to a witness may, in additionto and simultaneously with the issue of such summons, direct a copy ofthe summons to be served by electronic communication or by registeredpost addressed to the witness at the place where he ordinarily residesor carries on business or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness oran endorsement purporting to be made by a postal employee that thewitness refused to take delivery of the summons has been received or onthe proof of delivery of summons under sub-section (3) of section 70 byelectronic communication to the satisfaction of the Court, the Courtissuing summons may deem that the summons has been duly served.

Warrantof arrest Form of warrant of arrest and duration.

  1. (1) Every warrant of arrest issued by a Court under this Sanhitashall be in writing, signed by the presiding officer of such Court andshall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled bythe Court which issued it, or until it is executed.

Power to direct securityto be taken.

  1. (1) Any Court issuing a warrant for the arrest of any person mayin its discretion direct by endorsement on the warrant that, if suchperson executes a bail bond with sufficient sureties for his attendancebefore the Court at a specified timeand thereafter until otherwise directed by the Court, the officer towhom the warrant is directed shall take such security and shall releasesuch person from custody.
  1. The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest thewarrant is issued, are to be respectively bound;

(c) the time at which he is to attend before the Court.

(d) Whenever security is taken under this section, the officer to whom the warrant is directed shall forward the bond to theCourt.

Warrants to whom directed.

  1. (1) A warrant of arrest shall ordinarily be directed to one ormore police officers; but the Court issuing such a warrant may, if itsimmediate execution is necessary and no police officer is immediatelyavailable, direct it to any other person or persons, and such person orpersons shall execute the same.

(2) When a warrant is directed to more officers or persons than one,it may be executed by all, or by any one or more of them.

Warrant may be directedto any person.

  1. (1) The Chief Judicial Magistrate or a Magistrate of the firstclass may direct a warrant to any person within his local jurisdictionfor the arrest of any escaped convict, proclaimed offender or of anyperson who is accused of a non- bailable offence and is evadingarrest.
  1. Such person shall acknowledge in writing the receipt of thewarrant, and shall execute it if the person for whose arrest it wasissued, is in, or enters on, any land or other property under hischarge.
  2. When the person against whom such warrant is issued is arrested,he shall be made over with the warrant to the nearest police officer,who shall cause him to be taken before a Magistrate having jurisdictionin the case, unless security is taken under section 73.

Warrant directed to policeofficer.

  1. A warrant directed to any police officer may also be executed byany other police officer whose name is endorsed upon the warrant by theofficer to whom it is directed or endorsed.

Notification of substanceof warrant.

  1. The police officer or other person executing a warrant of arrestshall notify the substance thereof to the person to be arrested, and, ifso required, shall show him the warrant.

Personarrested to be brought before Court without delay.

  1. The police officer or other person executing a warrant of arrestshall (subject to the provisions of section 73 as to security) withoutunnecessary delay bring the person arrested before the Court beforewhich he is required by law to produce such person:

Provided that such delay shall not, in any case, exceed twenty-fourhours exclusive of the time necessary for the journey from the place ofarrest to the Magistrate’s Court.

Where warrant may beexecuted.

  1. A warrant of arrest may be executed at any place inIndia.

Warrantforwarded for execution outside jurisdiction.

  1. (1) When a warrant is to be executed outside the localjurisdiction of the Court issuing it, such Court may, instead ofdirecting the warrant to a police officer within its jurisdiction,forward it by post or otherwise to any Executive Magistrate or DistrictSuperintendent of Police or Commissioner of Police within the locallimits of whose jurisdiction it is to be executed; and the ExecutiveMagistrate or District Superintendent or Commissioner shall endorse hisname thereon, and if practicable, cause it to be executed in the mannerhereinbefore provided.

(2) The Court issuing a warrant under sub-section (1) shall forward,along with the warrant, the substance of the information against theperson to be arrested together with such documents, if any, as may besufficient to enable the Court acting under section 83 to decide whetherbail should or should not be granted to the person.

Warrantdirected to police officer for execution outside jurisdiction.

  1. (1) When a warrant directed to a police officer is to be executedbeyond the local jurisdiction of the Court issuing the same, he shallordinarily take it for endorsement either to an Executive Magistrate orto a police officer not below the rank of an officer in charge of apolice station, within the local limits of whose jurisdiction thewarrant is to be executed.
  1. Such Magistrate or police officer shall endorse his name thereonand such endorsement shall be sufficient authority to the police officerto whom the warrant is directed to execute the same, and the localpolice shall, if so required, assist such officer in executing suchwarrant.
  2. Whenever there is reason to believe that the delay occasioned byobtaining the endorsement of the Magistrate or police officer withinwhose local jurisdiction the warrant is to be executed will prevent suchexecution, the police officer to whom it is directed may execute thesame without such endorsement in any place beyond the local jurisdictionof the Court which issued it.

Procedureon arrest of person against whom warrant issued.

  1. (1) When a warrant of arrest is executed outside the district inwhich it was issued, the person arrested shall, unless the Court whichissued the warrant is within thirty kilometres of the place of arrest oris nearer than the ExecutiveMagistrate or District Superintendent of Police or Commissioner ofPolice within the local limits of whose jurisdiction the arrest wasmade, or unless security is taken under section 73, be taken before suchMagistrate or District Superintendent or Commissioner.

(2) On the arrest of any person referred to in sub-section (1), thepolice officer shall forthwith give the information regarding sucharrest and the place where the arrested person is being held to thedesignated police officer in the district and to such officer of anotherdistrict where the arrested person normally resides.

Procedureby Magistrate before whom such person arrested is brought.

  1. (1) The Executive Magistrate or District Superintendent of Policeor Commissioner of Police shall, if the person arrested appears to bethe person intended by the Court which issued the warrant, direct hisremoval in custody to such Court:

Provided that, if the offence is bailable, and such person is readyand willing to give bail bond to the satisfaction of such Magistrate,District Superintendent or Commissioner, or a direction has beenendorsed under section 73 on the warrant and such person is ready andwilling to give the security required by such direction, the Magistrate,District Superintendent or Commissioner shall take such bail bond orsecurity, as the case may be, and forward the bond, to the Court whichissued the warrant:

Provided further that if the offence is a non-bailable one, it shallbe lawful for the Chief Judicial Magistrate (subject to the provisionsof section 480), or the Sessions Judge, of the district in which thearrest is made on consideration of the information and the documentsreferred to in sub-section (2) of section 80, to release such person onbail.

(2) Nothing in this section shall be deemed to prevent a policeofficer from taking security under section 73.

—C. Proclamation and attachment

Proclamation for personabsconding.

  1. (1) If any Court has reason to believe (whether after takingevidence or not) that any person against whom a warrant has been issuedby it has absconded or is concealing himself so that such warrant cannotbe executed, such Court may publish a written proclamation requiring himto appear at a specified place and at a specified time not less thanthirty days from the date of publishing such proclamation.
  1. The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of thetown or village in which such person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house orhomestead in which such person ordinarily resides or to some conspicuousplace of such town or village;

(c) a copy thereof shall be affixed to some conspicuous part of theCourt- house;

(ii)the Court may also, if it thinks fit, direct a copy of theproclamation to be published in a daily newspaper circulating in theplace in which such person ordinarily resides.

  1. A statement in writing by the Court issuing the proclamation tothe effect that the proclamation was duly published on a specified day,in the manner specified in clause (i) of sub-section (2), shall beconclusive evidence that the requirements of this section have beencomplied with, and that the proclamation was published on suchday.
  2. Where a proclamation published under sub-section (1) is inrespect of a person accused of an offence which is made punishable withimprisonment of ten years or more, or imprisonment for life or withdeath under the Bharatiya Nyaya Sanhita, 2023 or under any other law forthe time being in force, and such person fails to appear at thespecified place and time required by the proclamation, the Court may,after making such inquiry as it thinks fit, pronounce him a proclaimedoffender and make a declaration to that effect.
  3. The provisions of sub-sections (2) and (3) shall apply to adeclaration made by the Court under sub-section (4) as they apply to theproclamation published under sub-section (1).

Attachment ofproperty of person absconding.

  1. (1) The Court issuing a proclamation under section 84 may, forreasons to be recorded in writing, at any time after the issue of theproclamation, order the attachment of any property, movable orimmovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation theCourt is satisfied, by affidavit or otherwise, that the person inrelation to whom the proclamation is to be issued,—

(a) is about to dispose of the whole or any part of his property;or

(b) is about to remove the whole or any part of his property from thelocal jurisdiction of the Court,it may order the attachment of property simultaneously with the issueof the proclamation.

  1. Such order shall authorise the attachment of any propertybelonging to such person within the district in which it is made; and itshall authorise the attachment of any property belonging to such personwithout such district when endorsed by the District Magistrate withinwhose district such property is situate.
  2. If the property ordered to be attached is a debt or other movableproperty, the attachment under this section shall be made—

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the delivery of such propertyto the proclaimed person or to any one on his behalf; or

(d) by all or any two of such methods, as the Court thinksfit.

  1. If the property ordered to be attached is immovable, theattachment under this section shall, in the case of land paying revenueto the State Government, be made through the Collector of the districtin which the land is situate, and in all other cases—

(a) by taking possession; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the payment of rent ondelivery of property to the proclaimed person or to any one on hisbehalf; or

(d) by all or any two of such methods, as the Court thinksfit.

  1. If the property ordered to be attached consists of live-stock oris of a perishable nature, the Court may, if it thinks it expedient,order immediate sale thereof, and in such case the proceeds of the saleshall abide the order of the Court.
  2. The powers, duties and liabilities of a receiver appointed underthis section shall be the same as those of a receiver appointed underthe Code of Civil Procedure, 1908.

Identificationand attachment of property of proclaimed person.

  1. The Court may, on the written request from a police officer notbelow the rank of the Superintendent of Police or Commissioner ofPolice, initiate the process of requesting assistance from a Court or anauthority in the contracting State for identification, attachment andforfeiture of property belonging to a proclaimed person in accordancewith the procedure provided in Chapter VIII.

Claims and objections toattachment.

  1. (1) If any claim is preferred to, or objection made to theattachment of, any property attached under section85, within six monthsfrom the date of such attachment, by any person other than theproclaimed person, on the ground that the claimant or objector has aninterest in such property, and that such interest is not liable toattachment under section85, the claim or objection shall be inquiredinto, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the periodallowed by this sub-section may, in the event of the death of theclaimant or objector, be continued by his legal representative.

  1. Claims or objections under sub-section (1) may be preferred ormade in the Court by which the order of attachment is issued, or, if theclaim or objection is in respect of property attached under an orderendorsed under sub-section (2) of section85, in the Court of the ChiefJudicial Magistrate of the district in which the attachment ismade.
  1. Every such claim or objection shall be inquired into by the Court in which it is preferred or made:

Provided that, if it is preferred or made in the Court of a ChiefJudicial Magistrate, he may make it over for disposal to any Magistratesubordinate to him.

  1. Any person whose claim or objection has been disallowed in wholeor in part by an order under sub-section (1) may, within a period of oneyear from the date of such order, institute a suit to establish theright which he claims in respect of the property in dispute; but subjectto the result of such suit, if any, the order shall beconclusive.

Release,sale and restoration of attached property.

  1. (1) If the proclaimed person appears within the time specified inthe proclamation, the Court shall make an order releasing the propertyfrom the attachment.
  1. If the proclaimed person does not appear within the timespecified in the proclamation, the property under the attachment shallbe at the disposal of the State Government; but it shall not be solduntil the expiration of six months from the date of the attachment anduntil any claim preferred or objection made under section 87 has beendisposed of under that section, unless it is subject to speedy andnatural decay, or the Court considers that the sale would be for thebenefit of the owner; in either of which cases the Court may cause it tobe sold whenever it thinks fit.
  2. If, within two years from the date of the attachment, any personwhose property is or has been at the disposal of the State Governmentunder sub-section (2), appears voluntarily or is apprehended and broughtbefore the Court by whose order the property was attached, or the Courtto which such Court is subordinate, and proves to the satisfaction ofsuch Court that he did not abscond or conceal himself for the purpose ofavoiding execution of the warrant, and that he had not such notice ofthe proclamation as to enable him to attend within the time specifiedtherein, such property, or, if the same has been sold, the net proceedsof the sale, or, if part only thereof has been sold, the net proceeds ofthe sale and the residue of the property, shall, after satisfyingtherefrom all costs incurred in consequence of the attachment, bedelivered to him.

Appealfrom order rejecting application for restoration of attachedproperty.

  1. Any person referred to in sub-section (3) of section 88, who isaggrieved by any refusal to deliver property or the proceeds of the salethereof may appeal to the Court to which appeals ordinarily lie from thesentences of the first-mentioned Court.

D—Other regardingprocesses

Issue ofwarrant in lieu of, or in addition to, summons.

  1. A Court may, in any case in which it is empowered by this Sanhitato issue a summons for the appearance of any person, issue, afterrecording its reasons in writing, a warrant for his arrest—

(a) if, either before the issue of such summons, or after the issueof the same but before the time fixed for his appearance, the Court seesreason to believe that he has absconded or will not obey the summons;or

(b) if at such time he fails to appear and the summons is proved tohave been duly served in time to admit of his appearing in accordancetherewith and no reasonable excuse is offered for such failure.

Power to takebond or bail bond for appearance.

  1. When any person for whose appearance or arrest the officerpresiding in any Court is empowered to issue a summons or warrant, ispresent in such Court, such officer may require such person to execute abond or bail bond for his appearance in such Court, or any other Courtto which the case may be transferred for trial.

Arrest onbreach of bond or bail bond for appearance.

  1. When any person who is bound by any bond or bail bond taken underthis Sanhita to appear before a Court, does not appear, the officerpresiding in such Court may issue a warrant directing that such personbe arrested and produced before him.

Provisionsof this Chapter generally applicable to summons and warrants ofarrest.

  1. The provisions contained in this Chapter relating to summons andwarrant, and their issue, service and execution, shall, so far as maybe, apply to every summons and every warrant of arrest issued under thisSanhita.

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

A.—Summons to produce

Summons to produce document or other thing.

  1. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document, electronic communication, including communication devices, which is likely to contain digital evidence or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or before such Court or officer, such Court may issue a summons or such officer may, by a written order, either in physical form or in electronic form, require the person in whose possession or power such document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated in the summons or order.
  1. Any person required under this section merely to produce a document, or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same.
  2. Nothing in this section shall be deemed—

(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers’ Books Evidence Act, 1891; or

(b) to apply to a letter, postcard, or other document or any parcel or thing in the custody of the postal authority.

Procedure as to letters.

  1. (1) If any document, parcel or thing in the custody of a postal authority is, in the opinion of the District Magistrate, Chief Judicial Magistrate, Court of Session or High Court wanted for the purpose of any investigation, inquiry, trial or other proceeding under this Sanhita, such Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person as the Magistrate or Court directs.

(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such purpose, he may require the postal authority to cause search to be made for and to detain such document, parcel or thing pending the order of a District Magistrate, Chief Judicial Magistrate or Court under sub-section (1).

B.—Search-warrants

When search- warrant may be issued.

  1. (1) Where—

(a) any Court has reason to believe that a person to whom a summons order under section 94 or a requisition under sub-section (1) of section 95 has been, or might be, addressed, will not or would not produce the document or thing as required by such summons or requisition; or

(b) such document or thing is not known to the Court to be in the possession of any person; or

(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will be served by a general search or inspection,

it may issue a search-warrant; and the person to whom such warrant is directed, may search or inspect in accordance therewith and the provisions hereinafter contained.

  1. The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only the search or inspection shall extend; and the person charged with the execution of such warrant shall then search or inspect only the place or part so specified.
  2. Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal authority.

Search of place suspected to contain stolen property, forged documents, etc.

  1. (1) If a District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for the deposit, sale or production of any objectionable article to which this section applies, or that any such objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of a constable—

(a) to enter, with such assistance as may be required, such place;

(b) to search the same in the manner specified in the warrant;

(c) to take possession of any property or article therein found which he reasonably suspects to be stolen property or objectionable article to which this section applies;

(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety;

(e) to take into custody and carry before a Magistrate every person found in such place who appears to have been privy to the deposit, sale or production of any such property or article knowing or having reasonable cause to suspect it to be stolen property or, as the case may be, objectionable article to which this section applies.

(2) The objectionable articles to which this section applies are—

(a) counterfeit coin;

(b) pieces of metal made in contravention of the Coinage Act, 2011, or brought into India in contravention of any notification for the time being in force issued under section 11 of the Customs Act, 1962;

(c)counterfeit currency note; counterfeit stamps;

(d) forged documents;

(e)false seals;

(f)obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023;

(g)instruments or materials used for the production of any of the articles mentioned in clauses (a) to (f).

Power to declare certain publications forfeited and to issue search- warrants for same.

  1. (1) Where—

(a) any newspaper, or book; or

(b) any document,

wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be.

    1. In this section and in section 99,—

(a) “newspaper” and “book” have the same meanings as in the Press and Registration of Books Act, 1867;

(a)”document” includes any painting, drawing or photograph, or other visible representation.

  1. No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 99.

Application to High Court to set aside declaration of forfeiture.

  1. (1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 98, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 98.
  1. Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
  2. On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
  3. The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 98, set aside the declaration of forfeiture.
  4. Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

Search for persons wrongfully confined.

  1. If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper.

Power to compel restoration of abducted females.

  1. Upon complaint made on oath of the abduction or unlawful detention of a woman, or a female child for any unlawful purpose, a District Magistrate, Sub- divisional Magistrate or Magistrate of the first class may make an order for the immediate restoration of such woman to her liberty, or of such female child to her parent, guardian or other person having the lawful charge of such child, and may compel compliance with such order, using such force as may be necessary.

C. —General provisions relating to searches

Direction, etc., of search- warrants.

  1. The provisions of sections 32, 72, 74, 76, 79, 80 and 81 shall, so far as may be, apply to all search-warrants issued under section 96, section 97, section 98 or section 100.

Persons in charge of closed place to allow search.

  1. (1) Whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
  1. If ingress into such place cannot be so obtained, the officer or other person executing the warrant may proceed in the manner provided by sub-section (2) of section 44.
  2. Where any person in or about such place is reasonably suspected of concealing about his person any article for which search should be made, such person may be searched and if such person is a woman, the search shall be made by another woman with strict regard to decency.
  3. Before making a search under this Chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do.
  4. The search shall be made in their presence, and a list of all things seized in the course of such search and of the places in which they are respectively found shall be prepared by such officer or other person and signed by such witnesses; but
no person witnessing a search under this section shall be required to attend the Court as a witness of the search unless specially summoned by it.
  1. The occupant of the place searched, or some person in his behalf, shall, in every instance, be permitted to attend during the search, and a copy of the list prepared under this section, signed by the said witnesses, shall be delivered to such occupant or person.
  2. When any person is searched under sub-section (3), a list of all things taken possession of shall be prepared, and a copy thereof shall be delivered to such person.
  3. Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023.

Disposal of things found in search beyond jurisdiction.

  1. When, in the execution of a search-warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for which search is made,are found, such things, together with the list of the same prepared under the provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list and things shall be immediately taken before such Magistrate; and, unless there be good cause to the contrary, such Magistrate shall make an order authorising them to be taken to such Court.

D. —Miscellaneous

Recording of search and seizure through audio- video electronic means.

  1. The process of conducting search of a place or taking possession of any property, article or thing under this Chapter or under section 185, including preparation of the list of all things seized in the course of such search and seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means preferably mobile phone and the police officer shall without delay forward such recording to the District Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class.

Power of police officer to seize certain property.

  1. (1) Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances which create suspicion of the commission of any offence.
  1. Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer.
  2. Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to the Court, or where there is difficulty in securing proper accommodation for the custody of such property, or where the continued retention of the property in police custody may not be considered necessary for the purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking to produce the property before the Court as and when required and to give effect to the further orders of the Court as to the disposal of the same:

Provided that where the property seized under sub-section (1) is subject to speedy and natural decay and if the person entitled to the possession of such property is unknown or absent and the value of such property is less than five hundred rupees, it may forthwith be sold by auction under the orders of the Superintendent of Police and the provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such sale.

Attachment, forfeiture or restoration of property.

  1. (1) Where a police officer making an investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result of a criminal activity or from the commission of any offence, he may, with the approval of the Superintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate exercising jurisdiction to take cognizance of the offence or commit for trial or try the case, for the attachment of such property.
  1. If the Court or the Magistrate has reasons to believe, whether before or after taking evidence, that all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon such person calling upon him to show cause within a period of fourteen days as to why an order of attachment shall not be made.
  2. Where the notice issued to any person under sub-section (2) specifies any property as being held by any other person on behalf of such person, a copy of the notice shall also be served upon such other person.
  3. The Court or the Magistrate may, after considering the

    Explanation, if any, to the show-cause notice issued under sub-section (2) and the material fact available before such Court or Magistrate and after giving a reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in respect of those properties which are found to be the proceeds of crime:

Provided that if such person does not appear before the Court or the Magistrate or represent his case before the Court or Magistrate within a period of fourteen days specified in the show-cause notice, the Court or the Magistrate may proceed to pass the ex parte order.

  1. Notwithstanding anything contained in sub-section (2), if the Court or the Magistrate is of the opinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure, the Court or Magistrate may by an interim order passed ex parte direct attachment or seizure of such property, and such order shall remain in force till an order under sub-section (6) is passed.
  2. If the Court or the Magistrate finds the attached or seized properties to be the proceeds of crime, the Court or the Magistrate shall by order direct the District
Magistrate to rateably distribute such proceeds of crime to the persons who are affected by such crime.
  1. On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of sixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to effect such distribution.
  2. If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any surplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government.

Magistrate may direct search in his presence.

  1. Any Magistrate may direct a search to be made in his presence of any place for the search of which he is competent to issue a search-warrant.

Power to impound document, etc., produced.

  1. Any Court may, if it thinks fit, impound any document or thing produced before it under this Sanhita.

Reciprocal arrangements regarding processes.

  1. (1) Where a Court in the territories to which this Sanhita extends (hereafter in this section referred to as the said territories) desires that—

(a) a summons to an accused person; or

(b) a warrant for the arrest of an accused person; or

(c)a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or

(d)a search-warrant,

issued by it shall be served or executed at any place,—

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 70 shall apply in relation to such summons as if the presiding officer of the Court to whom it is sent were a Magistrate in the said territories;

(ii) in any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country or place for service or execution of summons or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), it may send such summons or warrant in duplicate in such form, directed to such Court, Judge or Magistrate, and send to such authority for transmission, as the Central Government may, by notification, specify in this behalf.

(2) Where a Court in the said territories has received for service or execution—

(a) a summons to an accused person; or

(b) a warrant for the arrest of an accused person; or

(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it; or

(d) a search-warrant,

issued by— (I) a Court in any State or area in India outside the said territories; (II) a Court, Judge or Magistrate in a contracting State, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another Court in the said territories for service or execution within its local jurisdiction; and where—

(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure specified by sections 82 and 83;

(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure specified by section 104:

Provided that in a case where a summons or search-warrant received from a contracting State has been executed, the documents or things produced or things found in the search shall be forwarded to the Court issuing the summons or search- warrant through such authority as the Central Government may, by notification, specify in this behalf.

CHAPTER VIII

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

Definitions.

111. In this Chapter, unless the context otherwise requires,—

(a) “contracting State” means any country or place outside India in respect of which arrangements have been made by the Central Government with the Government of such country through a treaty or otherwise;

(b) “identifying” includes establishment of a proof that the property was derived from, or used in, the commission of an offence;

(c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person as a result of criminal activity (including crime involving currency transfers) or the value of any such property;

(d) “property” means property and assets of every description whether corporeal or incorporeal, movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property or assets derived or used in the commission of an offence and includes property obtained through proceeds of crime;

(e) “tracing” means determining the nature, source, disposition, movement, title or ownership of property.

Letter of request to competent authority for investigation in a country or place outside India.

112. (1) If, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.

(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.

(3) Every statement recorded or document or thing received under sub-section(1) shall be deemed to be the evidence collected during the course of investigation under this Sanhita.

Letter of request from a country or place outside India to a Court or an authority for investigation in India.

113. (1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit—

(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or

(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner,as if the offence had been committed within India.

(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.

Assistance in securing transfer of persons.

114. (1) Where a Court in India, in relation to a criminal matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such form to such Court, Judge or Magistrate through such authority, as the Central Government may, by notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the same to be executed.

(2) If , in the course of an investigation or any inquiry into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that the attendance of a person who is in any place in a contracting State is required in connection with such investigation or inquiry and the Court is satisfied that such attendance is so required, it shall issue a summons or warrant, in duplicate, against the said person to such Court, Judge or Magistrate, in such form as the Central Government may, by notification, specify in this behalf, to cause the same to be served or executed.

(3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any person requiring him to attend or attend and produce a document or other thing in that Court or before any other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be executed as if it is the warrant received by it from another Court in India for execution within its local limits.

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, the Court in India or the Central Government may impose such conditions as that Court or Government deems fit.

(5) Where the person transferred to India pursuant to sub-section (1) or sub- section (2) is a prisoner in a contracting State, the Court in India shall ensure that the conditions subject to which the prisoner is transferred to India are complied with and such prisoner shall be kept in such custody subject to such conditions as the Central Government may direct in writing.

Assistance in relation to orders of attachment or forfeiture of property.

115. (1) Where a Court in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, directly or indirectly, by such person from the commission of an offence, it may make an order of attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 (both inclusive).

(2) Where the Court has made an order for attachment or forfeiture of any property under sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of request to a Court or an authority in the contracting State for execution of such order.

(3) Where a letter of request is received by the Central Government from a Court or an authority in a contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly or indirectly, by any person from the commission of an offence committed in that contracting State, the Central Government may forward such letter of request to the Court, as it thinks fit, for execution in accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law for the time being in force.

Identifying unlawfully acquired property.

116. (1) The Court shall, under sub-section (1), or on receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property.

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect of any person, place, property, assets, documents, books of account in any bank or public financial institutions or any other relevant matters.

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf.

Seizure or attachment of property.

117. (1) Where any officer conducting an inquiry or investigation under section 116 has a reason to believe that any property in relation to which such inquiry or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which will result in disposal of such property, he may make an order for seizing such property and where it is not practicable to seize such property, he may make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an order of the said Court, within a period of thirty days of its being made.

Management of properties seized or forfeited under this Chapter.

118. (1) The Court may appoint the District Magistrate of the area where the property is situated, or any other officer that may be nominated by the District Magistrate, to perform the functions of an Administrator of such property.

(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation to which the order has been made under sub-section(1) of section 117 or under section 120 in such manner and subject to such conditions as may be specified by the Central Government.

(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose of the property which is forfeited to the Central Government.

Notice of forfeiture of property.

119. (1) If as a result of the inquiry, investigation or survey under section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which or by means of which he has acquired such property, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties, as the case may be, should not be declared to be proceeds of crime and forfeited to the Central Government.

(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.

Forfeiture of property in certain cases.

120. (1) The Court may, after considering the Explanation, if any, to the show- cause notice issued under section 119 and the material available before it and after giving to the person affected (and in a case where the person affected holds any property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are proceeds of crime:

Provided that if the person affected (and in a case where the person affected holds any property specified in the notice through any other person such other person also) does not appear before the Court or represent his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed to record a finding under this sub-section ex parte on the basis of evidence available before it.

(2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a finding accordingly under sub-section (1).

(3) Where the Court records a finding under this section to the effect that any property is proceeds of crime, such property shall stand forfeited to the Central Government free from all encumbrances.

(4) Where any shares in a company stand forfeited to the Central Government under this section, then, the company shall, notwithstanding anything contained in the Companies Act, 2013 or the Articles of Association of the company, forthwith register the Central Government as the transferee of such shares.

Fine in lieu of forfeiture.

121. (1) Where the Court makes a declaration that any property stands forfeited to the Central Government under section 120 and it is a case where the source of only a part of such property has not been proved to the satisfaction of the Court, it shall make an order giving an option to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part.

(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a reasonable opportunity of being heard.

(3) Where the person affected pays the fine due under sub-section (1), within such time as may be allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and thereupon such property shall stand released.

Certain transfers to be null and void.

122. Where after the making of an order under sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said order or notice is transferred by any mode whatsoever such transfers shall, for the purposes of the proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central Government under section 120, then, the transfer of such property shall be deemed to be null and void.

Procedure in respect of letter of request.

123. Every letter of request, summons or warrant, received by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent to the concerned Court in India in such form and in such manner as the Central Government may, by notification, specify in this behalf.

Application of this Chapter.

124. The Central Government may, by notification in the Official Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal arrangements have been made, shall be subject to such conditions, exceptions or qualifications as are specified in the said notification.

CHAPTER X

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Order for maintenance of wives, children and parents.

144. (1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself; or

(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself;or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; or

(d) his father or mother, unable to maintain himself or herself,

a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female child, if married, is not possessed of sufficient means:

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.

Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent, the Magistrate shall cancel the order.

Procedure.

145. (1) Proceedings under section 144 may be taken against any person in any district—

(a) where he is; or

(b) where he or his wife resides; or

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child or

(d) where his father or mother resides.

(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases:

Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Magistrate may think just and proper.

(3) The Court in dealing with applications under section 144 shall have power to make such order as to costs as may be just.

Alteration in allowance.

146. (1) On proof of a change in the circumstances of any person, receiving, under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, father or mother, as the case may be, the Magistrate may make such alteration, as he thinks fit, in the allowance for the maintenance or the interim maintenance, as the case may be.

(2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly.

(3) Where any order has been made under section 144 in favour of a woman who has been divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that—

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of her remarriage;

(b) the woman has been divorced by her husband and that she has received, whether before or after the date of the said order, the whole of the sum which, under any customary or personal law applicable to the parties, was payable on such divorce, cancel such order,—

(i) in the case where such sum was paid before such order, from the date on which such order was made;

(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has been actually paid by the husband to the woman;

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order from the date thereof.

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of them, as the case may be, in pursuance of the said order.

Enforcement of order of maintenance.

147. A copy of the order of maintenance or interim maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance, or as the case may be, expenses, due.

CHAPTER XI

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

A. —Unlawful assemblies

Dispersal of assembly by use of civil force.

148. (1) Any Executive Magistrate or officer in charge of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a sub- inspector, may command any unlawful assembly, or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of such assembly to disperse accordingly.

(2) If, upon being so commanded, any such assembly does not disperse, or if, without being so commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, and may require the assistance of any person, not being an officer or member of the armed forces and acting as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons who form part of it, in order to disperse such assembly or that they may be punished according to law.

Use of armed forces to disperse assembly.

149. (1) If any assembly referred to in sub-section (1) of section 148 cannot otherwise be dispersed, and it is necessary for the public security that it should be dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may cause it to be dispersed by the armed forces.

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

Power of certain armed force officers to disperse assembly.

150. When the public security is manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the armed forces under his command, and may arrest and confine any persons forming part of it, in order to disperse such assembly or that they may be punished according to law; but if, while he is acting under this section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such action.

Protection against prosecution for acts done under sections 148, 149 and 150.

151. (1) No prosecution against any person for any act purporting to be done under section 148, section 149 or section 150 shall be instituted in any Criminal Court except—

(a) with the sanction of the Central Government where such person is an officer or member of the armed forces;

(b) with the sanction of the State Government in any other case.

(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith;

(b) no person doing any act in good faith in compliance with a requisition under section 148 or section 149;

(c) no officer of the armed forces acting under section 150 in good faith.

(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence.

(3) In this section and in the preceding sections of this Chapter, —

(a) the expression “armed forces” means the army, naval and air forces, operating as land forces and includes any other armed forces of the Union so operating.

(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty officer, a non- commissioned officer and a non-gazetted officer.

(c) “member”, in relation to the armed forces, means a person in the armed forces other than an officer.

B. —Public nuisances

Conditional order for removal of nuisance.

152. (1) Whenever a District Magistrate or a Sub-divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, on receiving the report of a police officer or other information and on taking such evidence (if any) as he thinks fit, considers—

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or

(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is injurious to the health or physical comfort of the community, and that in consequence such trade or occupation should be prohibited or regulated or such goods or merchandise should be removed or the keeping thereof regulated; or

(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion conflagration or explosion, should be prevented or stopped; or

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and that in consequence the removal, repair or support of such building, tent or structure, or the removal or support of such tree, is necessary; or

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in such manner as to prevent danger arising to the public; or

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,

such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing such animal or tree, within a time to be fixed in the order—

(i) to remove such obstruction or nuisance; or

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such manner as may be directed; or

(iii) to prevent or stop the construction of such building, or to alter the disposal of such substance; or

(iv) to remove, repair or support such building, tent or structure, or to remove or support such trees; or

(v) to fence such tank, well or excavation; or

(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said order,

or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, why the order should not be made absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court.

Explanation.—A “public place” includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes.

Service or notification of order.

153. (1) The order shall, if practicable, be served on the person against whom it is made, in the manner herein provided for service of summons.

(2) If such order cannot be so served, it shall be notified by proclamation published in such manner as the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as may be fittest for conveying the information to such person.

Person to whom order is addressed to obey or show cause.

154. The person against whom such order is made shall—

(a) perform, within the time and in the manner specified in the order, the act directed thereby; or

(b) appear in accordance with such order and show cause against the same; and such appearance or hearing may be permitted through audio-video conferencing.

Penalty for failure to comply with section 154.

155. If the person against whom an order is made under section

154 does not perform such act or appear and show cause, he shall be liable to the penalty specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made absolute.

Procedure where existence of public right is denied.

156. (1) Where an order is made under section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom the order was made, question him as to whether he denies the existence of any public right in respect of the way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, inquire into the matter.

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, he shall stay the proceedings until the matter of the existence of such right has been decided by a competent Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157.

(3) A person who has, on being questioned by the Magistrate under sub- section (1), failed to deny the existence of a public right of the nature therein referred to, or who, having made such denial, has failed to adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make any such denial.

Procedure where person against whom order is made under section 152 appears to show cause.

157. (1) If the person against whom an order under section 152 is made appears and shows cause against the order, the Magistrate shall take evidence in the matter as in a summons-case.

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification as he considers necessary, is reasonable and proper, the order shall be made absolute without modification or, as the case may be, with such modification.

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case:

Provided that the proceedings under this section shall be completed, as soon as possible, within a period of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty days.

Power of Magistrate to direct local investigation and examination of an expert.

158. The Magistrate may, for the purposes of an inquiry under section 156 or section 157—

(a) direct a local investigation to be made by such person as he thinks fit; or

(b) summon and examine an expert.

Power of Magistrate to furnish written instructions, etc.

159. (1) Where the Magistrate directs a local investigation by any person under section 158, the Magistrate may

(a) furnish such person with such written instructions as may seem necessary for his guidance;

(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall be paid.

(2) The report of such person may be read as evidence in the case.

(3) Where the Magistrate summons and examines an expert under section 158, the Magistrate may direct by whom the costs of such summoning and examination shall be paid.

Procedure on order being made absolute and consequences of disobedience.

160. (1) When an order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within the time to be fixed in the notice, and inform him that, in case of disobedience, he shall be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023.

(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such Magistrate’s local jurisdiction, and if such other property is without such jurisdiction, the order shall authorise its attachment and sale when endorsed by the Magistrate within whose local jurisdiction the property to be attached is found.

(3) No suit shall lie in respect of anything done in good faith under this section.

Injunction pending inquiry.

161. (1) If a Magistrate making an order under section 152 considers that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the public, he may issue such an injunction to the person against whom the order was made, as is required to obviate or prevent such danger or injury pending the determination of the matter.

(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury.

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section.

Magistrate may prohibit repetition or continuance of public nuisance.

162. A District Magistrate or Sub-divisional Magistrate, or any other Executive Magistrate or Deputy Commissioner of Police empowered by the State Government or the District Magistrate in this behalf, may order any person not to repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or local law.

C.—Urgent cases of nuisance or apprehended danger

Power to issue order in urgent cases of nuisance or apprehended danger.

163. (1) In cases where, in the opinion of a District Magistrate, a Sub- divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 153, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.

(2) An order under this section may, in cases of emergency or in cases where the circumstances do not admit of the serving in due time of a notice upon the person against whom the order is directed, be passed ex parte.

(3) An order under this section may be directed to a particular individual, or to persons residing in a particular place or area, or to the public generally when frequenting or visiting a particular place or area.

(4) No order under this section shall remain in force for more than two months from the making thereof:

Provided that if the State Government considers it necessary so to do for preventing danger to human life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made by a Magistrate under this section shall remain in force for such further period not exceeding six months from the date on which the order made by the Magistrate would have, but for such order, expired, as it may specify in the said notification.

(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made under this section by himself or any Magistrate subordinate to him or by his predecessor-in-office.

(6) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (4).

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in writing the reasons for so doing.

D.—Disputes as to immovable property

Procedure where dispute concerning land or water is likely to cause breach of peace.

164. (1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.

(2) For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.

(3) A copy of the order shall be served in the manner provided by this Sanhita for the service of summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published by being affixed to some conspicuous place at or near the subject of dispute.

(4) The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide whether any and which of the parties was, at the date of the order made by him under sub- section (1), in possession of the subject of dispute:

Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under sub-section (1).

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, the order of the Magistrate under sub-section (1) shall be final.

(6) (a) If the Magistrate decides that one of the parties was, or should under the proviso to sub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to sub-section(4), may restore to possession the party forcibly and wrongfully dispossessed;

(b) the order made under this sub-section shall be served and published in the manner laid down in sub-section (3).

(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall be made parties thereto.

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.

(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

(10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed under section 126.

Power to attach subject of dispute and to appoint receiver.

165. (1) If the Magistrate at any time after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 164, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any Civil Court, make such arrangements as he considers proper for looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908:

Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any Civil Court, the Magistrate—

(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him;

(b) may make such other incidental or consequential orders as may be just.

Dispute concerning right of use of land or water.

166. (1) Whenever an Executive Magistrate is satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in person or by an advocate on a specified date and time and to put in written statements of their respective claims.

Explanation.—For the purposes of this sub-section, the expression “land or water” has the meaning given to it in sub-section (2) of section 164.

(2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible, decide whether such right exists; and the provisions of section 164 shall, so far as may be, apply in the case of such inquiry.

(3) If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right:

Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the receipt under sub-section (1) of the report of a police officer or other information leading to the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such receipt.

(4) When in any proceedings commenced under sub-section (1) of section 164 the Magistrate finds that the dispute is as regards an alleged right of user of land or water, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1), and when in any proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with under section 164, he may, after recording his reasons, continue with the proceedings as if they had been commenced under sub-section (1) of section 164.

Local inquiry.

167. (1) Whenever a local inquiry is necessary for the purposes of section 164, section 165 or section 166, a District Magistrate or Sub-divisional Magistrate may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of the inquiry shall be paid.

(2) The report of the person so deputed may be read as evidence in the case.

(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of advocates’ fees, which the Court may consider reasonable.

CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

Police to prevent cognizable offences.

168. Every police officer may interpose for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence.

Information of design to commit cognizable offences.

169. Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

Arrest to prevent commission of cognizable offences.

170. (1) A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

(2) No person arrested under sub-section (1) shall be detained in custody for a period exceeding twenty-four hours from the time of his arrest unless his further detention is required or authorised under any other provisions of this Sanhita or of any other law for the time being in force.

Prevention of injury to public property.

171. A police officer may of his own authority interpose to prevent any injury attempted to be committed in his view to any public property, movable or immovable, or the removal or injury of any public landmark, buoy or other mark used for navigation.

Persons bound to conform to lawful directions of police.

172. (1) All persons shall be bound to conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter.

(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to conform to any direction given by him under sub-section(1) and may either take such person before a Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours.

CHAPTER XIII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Information in cognizable cases.

173. (1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—

(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;

(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69,section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that—

(a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70,section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.

(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,—

(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or

(ii) proceed with investigation when there exists a prima facie case.

(4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate.

Information as to non- cognizable cases and investigation of such cases.

174. (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,—

(i) refer the informant to the Magistrate;

(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

Police officer’s power to investigate cognizable case.

175. (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV:

Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned.

(4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to—

(a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and

(b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.

Procedure for investigation.

176. (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:

Provided that—

(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case:

Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.

(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government.

(3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device:

Provided that where forensic facility is not available in respect of any such offence, the State Government shall, until the facility in respect of that matter is developed or made in the State, notify the utilisation of such facility of any other State.

Report how submitted.

177. (1) Every report sent to a Magistrate under section 176 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.

(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Power to hold investigation or preliminary inquiry.

178. The Magistrate, on receiving a report under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita.

Police officer’s power to require attendance of witnesses.

179. (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:

Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides:

Provided further that if such person is willing to attend at the police station, such person may be permitted so to do.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

Examination of witnesses by police.

180. (1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records:

Provided that statement made under this sub-section may also be recorded by audio-video electronic means:

Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer.

Statements to police and use thereof.

181. (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam.

Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

No inducement to be offered.

182. (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023.

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will:

Provided that nothing in this sub-section shall affect the provisions of sub- section (4) of section183.

Recording of confessions and statements.

183. (1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial:

Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence:

Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.

(4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:—

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him(Signed) A. B. Magistrate.”.

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded.

(6) (a) In cases punishable under section 64, section 65, section 66, section

67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police:

Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman:

Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer:

Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement:

Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone;

(b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.

(7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

Medical examination of victim of rape.

184. (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:—

(i) the name and address of the woman and of the person by whom she was brought;

(ii) the age of the woman;

(iii) the description of material taken from the person of the woman for DNA profiling;

(iv) marks of injury, if any, on the person of the woman;

(v) general mental condition of the woman; and

(vi) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.

(5) The exact time of commencement and completion of the examination shall also be noted in the report.

(6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub- section (6) of that section.

(7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf.

Explanation.—For the purposes of this section, “examination” and “registered medical practitioner” shall have the same meanings as respectively assigned to them in section 51.

Search by police officer.

185. (1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.

(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person:

Provided that the search conducted under this section shall be recorded through audio-video electronic means preferably by mobile phone.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.

(4) The provisions of this Sanhita as to search-warrants and the general provisions as to searches contained in section 103 shall, so far as may be, apply to a search made under this section.

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.

When officer in charge of police station may require another to issue search- warrant.

186. (1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.

(2) Such officer, on being so required, shall proceed according to the provisions of section 185, and shall forward the thing found, if any, to the officer at whose request the search was made.

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 185, as if such place were within the limits of his own police station.

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 185.

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub- section (4).

Procedure when investigation cannot be completed in twenty-four hours.

187. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward the accused to such Magistrate.

(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of whether he has or has no jurisdiction to try the case, after taking into consideration whether such person has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction.

(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this sub-section for a total period exceeding—

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of ten years or more;

(ii) sixty days, where the investigation relates to any other offence,

and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter.

(4) No Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the audio-video electronic means.

(5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police.

Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in sub-section (3), the accused shall be detained in custody so long as he does not furnish bail.

Explanation II.—If any question arises whether an accused person was produced before the Magistrate as required under sub-section (4), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the audio-video electronic means, as the case may be:

Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution:

Provided further that no person shall be detained otherwise than in police station under police custody or in prison under judicial custody or a place declared as prison by the Central Government or the State Government.

(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in sub-section (3):

Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.

(7) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.

(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.

(9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested,

the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.

(10) Where any order stopping further investigation into an offence has been made under sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (9) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify.

Report of investigation by subordinate police officer.

188. When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.

Release of accused when evidence deficient.

189. If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

Cases to be sent to Magistrate, when evidence is sufficient.

190. (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed:

Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody.

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.

(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.

Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.

191. No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:

Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

Diary of proceedings in investigation.

192. (1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation.

(2) The statements of witnesses recorded during the course of investigation under section 180 shall be inserted in the case diary.

(3) The diary referred to in sub-section (1) shall be a volume and duly paginated.

(4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.

(5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 148 or section 164, as the case may be, of the Bharatiya Sakshya Adhiniyam, 2023, shall apply.

Report of police officer on completion of investigation

193. (1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) The investigation in relation to an offence under sections 64, 65, 66, 67,

68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.

(3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating—

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether the accused has been released on his bond or bail bond;

(g) whether the accused has been forwarded in custody under section 190;

(h) whether the report of medical examination of the woman has been

attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023;

(i) the sequence of custody in case of electronic device;

(ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim;

(iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

(4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

(5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit.

(6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses.

(7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

(8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230:

Provided that supply of report and other documents by electronic communication shall be considered as duly served.

(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3):

Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.

Police to enquire and report on suicide, etc.

194. (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours.

(3) When—

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman;or

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death;or

(v) the police officer for any other reason considers it expedient so to do,

he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical person appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

Power to summon persons.

195. (1) A police officer proceeding under section 194 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture:

Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place where such person resides:

Provided further that if such person is willing to attend and answer at the police station, such person may be permitted so to do.

(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not be required by the police officer to attend a Magistrate’s Court.

Inquiry by Magistrate into cause of death.

196. (1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence.

(2) Where,—

(a) any person dies or disappears; or

(b) rape is alleged to have been committed on any woman,

while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Magistrate within whose local jurisdiction the offence has been committed.

(3) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter specified according to the circumstances of the case.

(4) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.

(5) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.

(6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation under sub-section (2) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.

Explanation.—In this section, the expression “relative” means parents, children, brothers, sisters and spouse.

CHAPTER XIV

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Ordinary place of inquiry and trial

197. Every offence shall ordinarily be inquired into and tried by a Court within whose local jurisdiction it was committed.

Place of inquiry or trial.

198. (a) When it is uncertain in which of several local areas an offence was committed; or

(b) where an offence is committed partly in one local area and partly in another; or

(c) where an offence is a continuing one, and continues to be committed in more local areas than one; or

(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Offence triable where act is done or consequence ensues.

199. When an act is an offence by reason of anything which has been done and of a consequence which has ensued, the offence may be inquired into or tried by a Court within whose local jurisdiction such thing has been done or such consequence has ensued.

Place of trial where act is an offence by reason of relation to other offence.

200. When an act is an offence by reason of its relation to any other act which is also an offence or which would be an offence if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried by a Court within whose local jurisdiction either act was done.

Place of trial in case of certain offences.

201. (1) Any offence of dacoity, or of dacoity with murder, of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the accused person is found.

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained.

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property which is the subject of the offence was possessed by any person committing it or by any person who received or retained such property knowing or having reason to believe it to be stolen property.

(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or any part of the property which is the subject of the offence was received or retained, or was required to be returned or accounted for, by the accused person.

(5) Any offence which includes the possession of stolen property may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the stolen property was possessed by any person who received or retained it knowing or having reason to believe it to be stolen property.

Offences committed by means of electronic communications, letters, etc.

202. (1) Any offence which includes cheating, may, if the deception is practised by means of electronic communications or letters or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such electronic communications or letters or messages were sent or were received; and any offence of cheating and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local jurisdiction the property was delivered by the person deceived or was received by the accused person.

(2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired into or tried by a Court within whose local jurisdiction the offence was committed or the offender last resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent residence after the commission of the offence.

Offence committed on journey or voyage.

203. When an offence is committed whilst the person by or against whom, or the thing in respect of which, the offence is committed is in the course of performing a journey or voyage, the offence may be inquired into or tried by a Court through or into whose local jurisdiction that person or thing passed in the course of that journey or voyage.

Place of trial for offences triable together.

204. Where—

(a) the offences committed by any person are such that he may be charged with, and tried at one trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or

(b) the offence or offences committed by several persons are such that they may be charged with and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried by any Court competent to inquire into or try any of the offences.

Power to order cases to be tried in different sessions divisions.

205. Notwithstanding anything contained in the preceding provisions of this Chapter, the State Government may direct that any case or class of cases committed for trial in any district may be tried in any sessions division:

Provided that such direction is not repugnant to any direction previously issued by the High Court or the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force.

High Court to decide, in case of doubt, district where inquiry or trial shall take place.

206. Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided—

(a) if the Courts are subordinate to the same High Court, by that High Court;

(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon all other proceedings in respect of that offence shall be discontinued.

Power to issue summons or warrant for offence committed beyond local jurisdiction.

207. (1) When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired into or tried within such jurisdiction but is under any law for the time being in force triable in India, such Magistrate may inquire into the offence as if it had been committed within such local jurisdiction and compel such person in the manner hereinbefore provided to appear before him, and send such person to the Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the Magistrate acting under this section, take a bond or bail bond for his appearance before the Magistrate having such jurisdiction.

(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or bound to appear, the case shall be reported for the orders of the High Court.

Offence committed outside India.

208. When an offence is committed outside India—

(a) by a citizen of India, whether on the high seas or elsewhere; or

(b) by a person, not being such citizen, on any ship or aircraft registered in India, he may be dealt with in respect of such offence as if it had been committed at any place within India at which he may be found or where the offence is registered in India:

Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence shall be inquired into or tried in India except with the previous sanction of the Central Government.

Receipt of evidence relating to offences committed outside India.

209. When any offence alleged to have been committed in a territory outside India is being inquired into or tried under the provisions of section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or before a diplomatic or consular representative of India in or for that territory shall be received as evidence by the Court holding such inquiry or trial in any case in which such Court might issue a commission for taking evidence as to the matters to which such depositions or exhibits relate.

CHAPTER XV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Cognizance of offences by Magistrate.

210. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence—

(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under any special law, which constitutes such offence;

(b) upon a police report(submitted in any mode including electronic mode) of such facts;

(c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed.

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try.

Transfer on application of accused.

211. When a Magistrate takes cognizance of an offence under clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of the accused, if there be more than one, objects to further proceedings before the Magistrate taking cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial Magistrate in this behalf.

Making over of cases to Magistrates.

212. (1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.

Cognizance of offences by Court of Session.

213. Except as otherwise expressly provided by this Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under this Sanhita.

Additional Sessions Judges to try cases made over to them.

214. An Additional Sessions Judge shall try such cases as the Sessions Judge of the division may, by general or special order, make over to him for trial or as the High Court may, by special order, direct him to try.

Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

215. (1) No Court shall take cognizance—

(a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section 209) of the Bharatiya Nyaya Sanhita, 2023; or

(ii) of any abetment of, or attempt to commit, such offence; or

(iii) of any criminal conspiracy to commit such offence,except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate or of some other public servant who is authorised by the concerned public servant so to do;

(b) (i) of any offence punishable under any of the following sections of the Bharatiya Nyaya Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and 267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any Court; or

(ii) of any offence described in sub-section (1) of section 336, or punishable under sub-section (2) of section 340 or section 342 of the said Sanhita, when such offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any Court; or

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence specified in sub-clause (i) or sub-clause (ii),except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate.

(2) Where a complaint has been made by a public servant or by some other public servant who has been authorised to do so by him under clause (a) of sub- section (1), any authority to which he is administratively subordinate or who has authorised such public servant, may, order the withdrawal of the complaint and send a copy of such order to the Court; and upon its receipt by the Court, no further proceedings shall be taken on the complaint:

Provided that no such withdrawal shall be ordered if the trial in the Court of first instance has been concluded.

(3) In clause (b) of sub-section (1), the term “Court” means a Civil, Revenue or Criminal Court, and includes a tribunal constituted by or under a Central or State Act if declared by that Act to be a Court for the purposes of this section.

(4) For the purposes of clause (b) of sub-section (1), a Court shall be deemed to be subordinate to the Court to which appeals ordinarily lie from the appealable decrees or sentences of such former Court, or in the case of a Civil Court from whose decrees no appeal ordinarily lies, to the Principal Court having ordinary original civil jurisdiction within whose local jurisdiction such Civil Court is situate:

Provided that—

(a) where appeals lie to more than one Court, the Appellate Court of inferior jurisdiction shall be the Court to which such Court shall be deemed to be subordinate;

(b) where appeals lie to a Civil and also to a Revenue Court, such Court shall be deemed to be subordinate to the Civil or Revenue Court according to the nature of the case or proceeding in connection with which the offence is alleged to have been committed.

Procedure for witnesses in case of threatening, etc.

216. A witness or any other person may file a complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.

Prosecution for offences against State and for criminal conspiracy to commit such offence.

217. (1) No Court shall take cognizance of—

(a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section(1) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or

(b) a criminal conspiracy to commit such offence; or

(c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except with the previous sanction of the Central Government or of the State Government.

(2) No Court shall take cognizance of—

(a) any offence punishable under section 197 or sub-section (2) or sub- section (3) of section 353 of the Bharatiya Nyaya Sanhita, 2023; or

(b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central Government or of the State Government or of the District Magistrate.

(3) No Court shall take cognizance of the offence of any criminal conspiracy punishable under sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards, unless the State Government or the District Magistrate has consented in writing to the initiation of the proceedings:

Provided that where the criminal conspiracy is one to which the provisions of section 215 apply, no such consent shall be necessary.

(4) The Central Government or the State Government may, before according sanction under sub-section (1) or sub-section (2) and the District Magistrate may, before according sanction under sub-section (2) and the State Government or the District Magistrate may, before giving consent under sub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector, in which case such police officer shall have the powers referred to in sub-section (3) of section 174.

Prosecution of Judges and public servants.

218. (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013—

(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;

(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:

Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause(b) will apply as if for the expression “State Government” occurring therein, the expression “Central Government” were substituted:

Provided further that such Government shall take a decision within a period of one hundred and twenty days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall be deemed to have been accorded by such Government:

Provided also that no sanction shall be required in case of a public servant accused of any offence alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or section 200 of the Bharatiya Nyaya Sanhita, 2023.

(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.

(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression “Central Government” occurring therein, the expression “State Government” were substituted.

(4) Notwithstanding anything contained in sub-section (3), no Court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.

(5) The Central Government or the State Government, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the Court before which the trial is to be held.

Prosecution for offences against marriage.

219. (1) No Court shall take cognizance of an offence punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence:

Provided that—

(a) where such person is a child, or is of unsound mind or is having intellectual disability requiring higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf;

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union under conditions which are certified by his Commanding Officer as precluding him from obtaining leave of absence to enable him to make a complaint in person, some other person authorised by the husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf;

(c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father’s or mother’s brother or sister, or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023.

(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of being heard.

(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been informed of the allegations upon which the complaint is to be founded, shall be countersigned by his Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that leave of absence for the purpose of making a complaint in person cannot for the time being be granted to the husband.

(5) Any document purporting to be such an authorisation and complying with the provisions of sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless the contrary is proved, be presumed to be genuine and shall be received in evidence.

(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under eighteen years of age, if more than one year has elapsed from the date of the commission of the offence.

(7) The provisions of this section apply to the abetment of, or attempt to commit, an offence as they apply to the offence.

Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.

220. No Court shall take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except upon a police report of facts which constitute such offence or upon a complaint made by the person aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption.

Cognizance of offence.

221. No Court shall take cognizance of an offence punishable under section

67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed or made by the wife against the husband.

Prosecution for defamation.

222. (1) No Court shall take cognizance of an offence punishable under section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved by the offence:

Provided that where such person is a child, or is of unsound mind or is having intellectual disability or is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs and manners, ought not to be compelled to appear in public, some other person may, with the leave of the Court, make a complaint on his or her behalf.

(2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of such commission, is the President of India, the Vice-President of India, the Governor of a State, the Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any other public servant employed in connection with the affairs of the Union or of a State in respect of his conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, without the case being committed to it, upon a complaint in writing made by the Public Prosecutor.

(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to the accused of the offence alleged to have been committed by him.

(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous sanction—

(a) of the State Government,—

(i) in the case of a person who is or has been the Governor of that State or a Minister of that Government;

(ii) in the case of any other public servant employed in connection with the affairs of the State;

(b) of the Central Government, in any other case.

(5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint is made within six months from the date on which the offence is alleged to have been committed.

(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction or the power of such Magistrate to take cognizance of the offence upon such complaint.

CHAPTER XVI

COMPLAINTS TO MAGISTRATES

Examination of complainant.

223. (1) A Magistrate having jurisdiction while taking cognizance of an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate:

Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused an opportunity of being heard:

Provided further that when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses—

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

(b) if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 212:

Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.

(2) A Magistrate shall not take cognizance on a complaint against a public servant for any offence alleged to have been committed in course of the discharge of his official functions or duties unless—

(a) such public servant is given an opportunity to make assertions as to the situation that led to the incident so alleged; and

(b) a report containing facts and circumstances of the incident from the officer superior to such public servant is received.

Procedure by Magistrate not competent to take cognizance of case.

224. If the complaint is made to a Magistrate who is not competent to take cognizance of the offence, he shall,

(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement to that effect;

(b) if the complaint is not in writing, direct the complainant to the proper Court.

Postponement of issue of process.

225. (1) Any Magistrate, on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 212, may, if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:

Provided that no such direction for investigation shall be made,—

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session; or

(b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 223.

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.

Dismissal of complaint.

226. If, after considering the statements on oath (if any) of the complainant and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every such case he shall briefly record his reasons for so doing.

CHAPTER XVII

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Issue of process.

227. (1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be—

(a) a summons-case, he shall issue summons to the accused for his attendance; or

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) some other Magistrate having jurisdiction:

Provided that summons or warrants may also be issued through electronic means.

(2) No summons or warrant shall be issued against the accused under sub- section (1) until a list of the prosecution witnesses has been filed.

(3) In a proceeding instituted upon a complaint made in writing, every summons or warrant issued under sub-section (1) shall be accompanied by a copy of such complaint.

(4) When by any law for the time being in force any process-fees or other fees are payable, no process shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate may dismiss the complaint.

(5) Nothing in this section shall be deemed to affect the provisions of section 90.

Magistrate may dispense with personal attendance of accused.

228. (1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his advocate.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

Special summons in cases of petty offence.

229. (1) If, in the opinion of a Magistrate taking cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the Magistrate shall, except where he is, for reasons to be recorded in writing of a contrary opinion, issue summons to the accused requiring him either to appear in person or by an advocate before the Magistrate on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and the amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on his behalf and to pay the fine through such advocate:

Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees.

(2) For the purposes of this section, “petty offence” means any offence punishable only with fine not exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles Act, 1988, or under any other law which provides for convicting the accused person in his absence on a plea of guilty.

(3) The State Government may, by notification, specially empower any Magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 359 or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the imposition of fine only would meet the ends of justice.

Supply to accused of copy of police report and other documents

230. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond fourteen days from the date of production or appearance of the accused, furnish to the accused and the victim (if represented by an advocate) free of cost, a copy of each of the following:—

(i) the police report;

(ii) the first information report recorded under section 173;

(iii) the statements recorded under sub-section (3) of section 180 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub-section (7) of section 193;

(iv) the confessions and statements, if any, recorded under section 183;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub-section (6) of section 193:

Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused:

Provided further that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may furnish the copies through electronic means or direct that he will only be allowed to inspect it either personally or through an advocate in Court:

Provided also that supply of documents in electronic form shall be considered as duly furnished.

Supply of copies of statements and documents to accused in other cases triable by Court of Session.

231. Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate shall forthwith furnish to the accused, free of cost, a copy of each of the following:—

(i) the statements recorded under section 223 or section 225, of all persons examined by the Magistrate;

(ii) the statements and confessions, if any, recorded under section 180 or section 183;

(iii) any documents produced before the Magistrate on which the prosecution proposes to rely:

Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through an advocate in Court:

Provided further that supply of documents in electronic form shall be considered as duly furnished.

Commitment of case to Court of Session when offence is triable exclusively by it.

232. When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—

(a) commit, after complying with the provisions of section 230 or section 231 the case to the Court of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody until such commitment has been made;

(b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, and until the conclusion of, the trial;

(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session:

Provided that the proceedings under this section shall be completed within a period of ninety days from the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding one hundred and eighty days for the reasons to be recorded in writing:

Provided further that any application filed before the Magistrate by the accused or the victim or any person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of Session with the committal of the case.

Procedure to be followed when there is a complaint case and police investigation in respect of same offence.

233. (1) When in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by him, that an investigation by the police is in progress in relation to the offence which is the subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry or trial and call for a report on the matter from the police officer conducting the investigation.

(2) If a report is made by the investigating police officer under section 193 and on such report cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the police report as if both the cases were instituted on a police report.

(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this Sanhita.

CHAPTER XVIII

Contents of charge.

THE CHARGE

A. —Form of charges

234. (1) Every charge under this Sanhita shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name, the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name, so much of the definition of the offence must be stated as to give the accused notice of the matter with which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

(6) The charge shall be written in the language of the Court.

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.

Illustrations.

(a) A is charged with the murder of B. This is equivalent to a statement that A’s act fell within the definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall within any of the general exceptions of the said Sanhita; and that it did not fall within any of the five exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos to that exception applied to it.

(b) A is charged under sub-section (2) of section 118 of the Bharatiya Nyaya Sanhita, 2023, with voluntarily causing grievous hurt to B by means of an instrument for shooting. This is equivalent to a statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that the general exceptions did not apply to it.

(c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false property-mark. The charge may state that A committed murder, or cheating, or theft, or extortion, or criminal intimidation, or that he used a false property-mark, without reference to the definitions, of those crimes contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable must, in each instance be referred to in the charge.

(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those words.

Particulars as to time, place and person.

235. (1) The charge shall contain such particulars as to the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe the movable property in respect of which the offence is alleged to have been committed, and the dates between which the offence is alleged to have been committed, without specifying particular items or exact dates, and the charge so framed shall be deemed to be a charge of one offence within the meaning of section 242:

Provided that the time included between the first and last of such dates shall not exceed one year.

When manner of committing offence must be stated

236. When the nature of the case is such that the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter with which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

Illustrations.

(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out the manner in which the theft was effected.

(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which A cheated B.

(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion of the evidence given by A which is alleged to be false.

(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given time and place. The charge must set out the manner in which A obstructed B in the discharge of his functions.

(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in which A murdered B.

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge must set out the disobedience charged and the law infringed.

Words in charge taken in sense of law under which offence is punishable.

237. In every charge words used in describing an offence shall be deemed to have been used in the sense attached to them respectively by the law under which such offence is punishable.

Effect of errors.

238. No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.

Illustrations.

(a) A is charged under section 180 of the Bharatiya Nyaya Sanhita, 2023, with “having been in possession of counterfeit coin, having known at the time when he became possessed thereof that such coin was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact misled by this omission, the error shall not be regarded as material.

(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The Court may infer from this that the omission to set out the manner of the cheating is not material.

(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. There were many transactions between A and B, and A had no means of knowing to which of them the charge referred, and offered no defence. The Court may infer from such facts that the omission to set out the manner of the cheating was, in the case, a material error.

(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered person’s name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never charged with any murder but one, and had heard the inquiry before the Magistrate, which referred exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and that the error in the charge was immaterial.

(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who tried to arrest him for that murder) on the 21st January, 2023. When charged for the murder of Haidar Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses in the case of Haidar Baksh. The Court may infer from this that A was misled, and that the error was material.

Court may alter charge.

239. (1) Any Court may alter or add to any charge at any time before judgment is pronounced.

(2) Every such alteration or addition shall be read and explained to the accused.

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.

(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.

(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.

Recall of witnesses when charge altered.

240. Whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed—

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice;

(b) also to call any further witness whom the Court may think to be material.

B. —Joinder of charges

Separate charges for distinct offences

241. (1) For every distinct offence of which any person is accused there shall be a separate charge, and every such charge shall be tried separately:

Provided that where the accused person, by an application in writing, so desires and the Magistrate is of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any number of the charges framed against such person.

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244 and 246.

Illustration.

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be separately charged and separately tried for the theft and causing grievous hurt.

Offences of same kind within year may be charged together.

242. (1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding five.

(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law:

Provided that for the purposes of this section, an offence punishable under sub-section (2) of section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section of the said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.

Trial for more than one offence.

243. (1) If, in one series of acts so connected together as to form the same transaction, more offences than one are committed by the same person, he may be charged with, and tried at one trial for, every such offence.

(2) When a person charged with one or more offences of criminal breach of trust or dishonest misappropriation of property as provided in sub-section (2) of section 235 or in sub-section (1) of section 242, is accused of committing, for the purpose of facilitating or concealing the commission of that offence or those offences, one or more offences of falsification of accounts, he may be charged with, and tried at one trial for, every such offence.

(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law in force for the time being by which offences are defined or punished, the person accused of them may be charged with, and tried at one trial for, each of such offences.

(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, constitute when combined a different offence, the person accused of them may be charged with, and tried at one trial for the offence constituted by such acts when combined, and for any offence constituted by any one, or more, of such acts.

(5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023.

Illustrations to sub-section (1)

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in whose custody B was. A may be charged with, and convicted of, offences under sub-section (2) of section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023.

(b) A commits house-breaking by day with intent to commit rape, and commits, in the house so entered, rape with B’s wife. A may be separately charged with, and convicted of, offences under section 64 and sub-section(3) of section 331 of the Bharatiya Nyaya Sanhita, 2023.

(c) A has in his possession several seals, knowing them to be counterfeit and intending to use them for the purpose of committing several forgeries punishable under section 337 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, the possession of each seal under sub-section (2) of section 341 of the Bharatiya Nyaya Sanhita, 2023.

(d) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, knowing that there is no just or lawful ground for such charge. A may be separately charged with, and convicted of, two offences under section 248 of the Bharatiya Nyaya Sanhita, 2023.

(e) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing that there is no just or lawful ground for such charge. On the trial, A gives false evidence against B, intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and convicted of, offences under sections 230 and 248 of the Bharatiya Nyaya Sanhita, 2023.

(f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, and convicted of, offences under sub-section (2) of section 117, sub-section (2) of section 191 and section 195 of the Bharatiya Nyaya Sanhita, 2023.

(g) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to them. A may be separately charged with, and convicted of, each of the three offences under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023.The separate charges referred to in Illustrations. (a) to (g), respectively, may be tried at the same time.

Illustrations. to sub-section (3)

(h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya Sanhita, 2023.

(i) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the bottom of a grain-pit. A and B may be separately charged with, and convicted of, offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023.

(j) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. A may be separately charged with, and convicted of, offences under sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023.

(k) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, and convicted of, offences under section 233 and sub-section (2) of section 340 (read with section 337) of that Sanhita.

Illustration to sub-section (4)

(l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged with, and convicted of, offences under sub-section (2) of section 115 and sub-sections (2) and (4) of section 309 of the Bharatiya Nyaya Sanhita, 2023.

Where it is doubtful what offence has been committed.

244. (1) If a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences, and any number of such charges may be tried at once; or he may be charged in the alternative with having committed someone of the said offences.

(2) If in such a case the accused is charged with one offence, and it appears in evidence that he committed a different offence for which he might have been charged under the provisions of sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was not charged with it.

Illustrations.

(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach of trust or cheating.

(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust or of receiving stolen goods (as the case may be), though he was not charged with such offence.

(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving false evidence, although it cannot be proved which of these contradictory statements was false.

When offence proved included in offence charged.

245. (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it.

(3) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied.

Illustrations.

(a) A is charged, under sub-section (3) of section 316 of the Bharatiya Nyaya Sanhita, 2023, with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said sub-section (2) of section 316.

(b) A is charged, under sub-section (2) of section 117 of the Bharatiya Nyaya Sanhita, 2023, with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under sub-section (2) of section 122 of that Sanhita.

What persons may be charged jointly.

246. The following persons may be charged and tried together, namely:—

(a) persons accused of the same offence committed in the course of the same transaction;

(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence;

(c) persons accused of more than one offence of the same kind, within the meaning of section 242 committed by them jointly within the period of twelve months;

(d) persons accused of different offences committed in the course of the same transaction;

(e) persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;

(f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been transferred by one offence;

(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:

Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

Withdrawal of remaining charges on conviction on one of several charges.

247. When a charge containing more heads than one is framed against the same person, and when a conviction has been had on one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges so withdrawn.

CHAPTER XIX

TRIAL BEFORE A COURT OF SESSION

Trial to be conducted by Public Prosecutor.

248. In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor.

Opening case for prosecution.

249. When the accused appears or is brought before the Court, in pursuance of a commitment of the case under section 232, or under any other law for the time being in force, the prosecutor shall open his case by describing the charge brought against the accused and stating by what evidence he proposes to prove the guilt of the accused.

Discharge.

250. (1) The accused may prefer an application for discharge within a period of sixty days from the date of commitment of the case under section 232.

(2) If, upon consideration of