The Bharatiya Nagarik Suraksha Sanhita, 2023
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

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ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS

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

6. Classes of Criminal Courts.
7. Territorial divisions.
8. Court of Session.
9. Courts of Judicial Magistrates.
10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
11. Special Judicial Magistrates.
12. Local Jurisdiction of Judicial Magistrates.
13. Subordination of Judicial Magistrates.
14. Executive Magistrates.
15. Special Executive Magistrates.
16. Local Jurisdiction of Executive.
17. Subordination of Executive Magistrates.
18. Public Prosecutors.
19. Assistant Public Prosecutors.
20. Directorate of Prosecution.

CHAPTER III

POWER OF COURTS

21. Courts by which offences are triable.
22. Sentences which High Courts and Sessions Judges may pass.
23. Sentences which Magistrates may pass.
24. Sentence of imprisonment in default of fine.
25. Sentence in cases of conviction of several offences at one trial.
26. Mode of conferring powers.
27. Powers of officers appointed.
28. Withdrawal of powers.
29. Powers of Judges and Magistrates exercisable by their successors-in-office.

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CHAPTER IV

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

SECTIONS

30. Powers of superior officers of police.
31. Public when to assist Magistrates and police.
32. Aid to person, other than police officer, executing warrant.
33. Public to give information of certain offences.
34. Duty of officers employed in connection with affairs of a village to make certain

report.

CHAPTER V

ARREST OF PERSONS

35. When police may arrest without warrant.
36. Procedure of arrest and duties of officer making arrest.
37. Designated police officer.
38. Right of arrested person to meet an advocate of his choice during interrogation.
39. Arrest on refusal to give name and residence.
40. Arrest by private person and procedure on such arrest.
41. Arrest by Magistrate.
42. Protection of members of Armed Forces from arrest.
43. Arrest how made.
44. Search of place entered by person sought to be arrested.
45. Pursuit of offenders into other jurisdictions.
46. No unnecessary restraint.
47. 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.
49. Search of arrested person.
50. Power to seize offensive weapons.
51. Examination of accused by medical practitioner at request of police officer.
52. Examination of person accused of rape by medical practitioner.
53. Examination of arrested person by medical officer.
54. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest without warrant.
56. Health and safety of arrested person.
57. 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.
59. Police to report apprehensions.
60. Discharge of person apprehended.
61. Power, on escape, to pursue and retake.
62. Arrest to be made strictly according to Sanhita.

CHAPTER VI

PROCESSES TO COMPEL APPEARANCE

_A.—Summons_

63. Form of summons.
64. Summons how served.
65. Service of summons on corporate bodies, firms, and societies.
66. Service when persons summoned cannot be found.
67. Procedure when service cannot be effected as before provided.
68. Service on Government servant.

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SECTIONS

69. Service of summons outside local limits.
70. Proof of service in such cases and when serving officer not present.
71. Service of summons on witness.

_B.—Warrant of arrest_

72. Form of warrant of arrest and duration.
73. Power to direct security to be taken.
74. Warrants to whom directed.
75. Warrant may be directed to any person.
76. Warrant directed to police officer.
77. Notification of substance of warrant.
78. Person arrested to be brought before Court without delay.
79. Where warrant may be executed.
80. Warrant forwarded for execution outside jurisdiction.
81. Warrant directed to police officer for execution outside jurisdiction.
82. Procedure on arrest of person against whom warrant issued.
83. Procedure by Magistrate before whom such person arrested is brought.

_C.—Proclamation and attachment_

84. Proclamation for person absconding.
85. Attachment of property of person absconding.
86. Identification and attachment of property of proclaimed person.
87. Claims and objections to attachment.
88. Release, sale and restoration of attached property.
89. Appeal from order rejecting application for restoration of attached property.

_D.—Other rules regarding processes_

90. Issue of warrant in lieu of, or in addition to, summons.
91. Power to take bond or bail bond for appearance.
92. Arrest on breach of bond or bail bond for appearance.
93. 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_

94. Summons to produce document or other thing.
95. Procedure as to letters.

_B.—Search-warrants_

96. When search-warrant may be issued.
97. 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.
99. Application to High Court to set aside declaration of forfeiture.

100. Search for persons wrongfully confined.
101. Power to compel restoration of abducted females.

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_C.—General provisions relating to searches_

SECTIONS

102. Direction, etc., of search-warrants.
103. Persons in charge of closed place to allow search.
104. Disposal of things found in search beyond jurisdiction.

_D.—Miscellaneous_

105. Recording of search and seizure through audio video electronic means..
106. Power of police officer to seize certain property.
107. Attachment, forfeiture or restoration of property.
108. Magistrate may direct search in his presence.
109. Power to impound document, etc., produced.
110. Reciprocal arrangements regarding processes.

CHAPTER VIII

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR

ATTACHMENT AND FORFEITURE OF PROPERTY

111. Definitions.
112. 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.

114. Assistance in securing transfer of persons.
115. Assistance in relation to orders of attachment or forfeiture of property.
116. Identifying unlawfully acquired property.
117. Seizure or attachment of property.
118. Management of properties seized or forfeited under this Chapter.
119. Notice of forfeiture of property.
120. Forfeiture of property in certain cases.
121. Fine in lieu of forfeiture.
122. Certain transfers to be null and void.
123. Procedure in respect of letter of request.
124. Application of this Chapter.

CHAPTER IX

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

125. Security for keeping peace on conviction.
126. Security for keeping peace in other cases.
127. Security for good behaviour from persons disseminating certain matters.
128. Security for good behaviour from suspected persons.
129. Security for good behaviour from habitual offenders.
130. Order to be made.
131. Procedure in respect of person present in Court.
132. Summons or warrant in case of person not so present.
133. Copy of order to accompany summons or warrant.
134. Power to dispense with personal attendance.
135. Inquiry as to truth of information.
136. Order to give security.

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SECTIONS

137. Discharge of person informed against.
138. Commencement of period for which security is required.
139. Contents of bond.
140. Power to reject sureties.
141. Imprisonment in default of security.
142. Power to release persons imprisoned for failing to give security.
143. Security for unexpired period of bond.

CHAPTER X

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

144. Order for maintenance of wives, children and parents.
145. Procedure.
146. Alteration in allowance.
147. Enforcement of order of maintenance.

CHAPTER XI

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY

_A.—Unlawful assemblies_

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

_B.—Public nuisances_

152. Conditional order for removal of nuisance.
153. Service or notification of order.
154. Person to whom order is addressed to obey or show cause.
155. Penalty for failure to comply with section 154.
156. Procedure where existence of public right is denied.
157. Procedure where person against whom order is made under section 152 appears to show-cause.
158. Power of Magistrate to direct local investigation and examination of an expert.
159. Power of Magistrate to furnish written instructions, etc.
160. Procedure on order being made absolute and consequences of disobedience.
161. Injunction pending inquiry.
162. Magistrate may prohibit repetition or Continuance of public nuisance.

_C.—Urgent cases of nuisance or apprehended danger_

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

_D.—Disputes as to immovable property_

164. 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.
166. Dispute concerning right of use of land or water.
167. Local inquiry.

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CHAPTER XII

PREVENTIVE ACTION OF THE POLICE

SECTIONS

168. Police to prevent cognizable offences.
169. Information of design to commit cognizable offences.
170. Arrest to prevent commission of cognizable offences.
171. Prevention of injury to public property.
172. Persons bound to conform to lawful directions of police

CHAPTER XIII

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

173. Information in cognizable cases.
174. Information as to non-cognizable cases and investigation of such cases.
175. Police officer’s power to investigate cognizable case.
176. Procedure for investigation.
177. Report how submitted.
178. Power to hold investigation or preliminary inquiry.
179. Police officer's power to require attendance of witnesses.
180. Examination of witnesses by police.
181. Statements to police and use thereof.
182. No inducement to be offered.
183. Recording of confessions and statements.
184. Medical examination of victim of rape.
185. Search by police officer.
186. 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.
188. Report of investigation by subordinate police officer.
189. Release of accused when evidence deficient.
190. 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.

192. Diary of proceedings in investigation.
193. Report of police officer on completion of investigation.
194. Police to enquire and report on suicide, etc.
195. Power to summon persons.
196. Inquiry by Magistrate into cause of death.

CHAPTER XIV

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

197. Ordinary place of inquiry and trial.
198. Place of inquiry or trial.
199. 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.
201. Place of trial in case of certain offences.
202. Offences committed by means of electronic communications, letters, etc.
203. Offence committed on journey or voyage.
204. Place of trial for offences triable together.
205. Power to order cases to be tried in different sessions divisions.

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SECTIONS

206. 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.
208. Offence committed outside India.
209. Receipt of evidence relating to offences committed outside India.

CHAPTER XV

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

210. Cognizance of offences by Magistrate.
211. Transfer on application of accused.
212. Making over of cases to Magistrates.
213. Cognizance of offences by Court of Session.
214. Additional 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.

216. Procedure for witnesses in case of threatening, etc.
217. Prosecution for offences against State and for criminal conspiracy to commit such offence.
218. Prosecution of Judges and public servants.
219. Prosecution for offences against marriage.
220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.
221. Cognizance of offence.
222. Prosecution for defamation.

CHAPTER XVI

COMPLAINTS TO MAGISTRATES

223. Examination of complainant.
224. Procedure by Magistrate not competent to take cognizance of case.
225. Postponement of issue of process.
226. Dismissal of complaint.
227. Issue of process.
228. Magistrate may dispense with personal attendance of accused.
229. Special summons in cases of petty offence.
230. Supply to 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.
232. 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.

CHAPTER XVIII

THE CHARGE

_A.—Form of charges_

234. Contents of charge.
235. Particulars as to time, place and person.
236. When manner of committing offence must be stated.
237. Words in charge taken in sense of law under which offence is punishable.
238. Effect of errors.
239. Court may alter charge.
240. Recall of witnesses when charge altered.
241. Separate charges for distinct offences.

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SECTIONS

242. Offences of same kind within year may be charged together.
243. Trial for more than one offence.
244. Where it is doubtful what offence has been committed.
245. When offence proved included in offence charged.
246. What persons may be charged jointly.
247. Withdrawal of remaining charges on conviction on one of several charges.

CHAPTER XIX

TRIAL BEFORE A COURT OF SESSION

248. Trial to be conducted by Public Prosecutor.
249. Opening case for prosecution.
250. Discharge.
251. Framing of charge.
252. Conviction on plea of guilty.
253. Date for prosecution evidence.
254. Evidence for prosecution.
255. Acquittal.
256. Entering upon defence.
257. Arguments.
258. Judgment of acquittal or conviction.
259. Previous conviction.
260. 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_

261. Compliance with section 230.
262. When accused shall be discharged.
263. Framing of charge.
264. Conviction on plea of guilty.
265. Evidence for prosecution.
266. Evidence for defence.

_B.—Cases instituted otherwise than on police report_

267. Evidence for prosecution.
268. When accused shall be discharged.
269. Procedure where accused is not discharged.
270. Evidence for defence.

_C.—Conclusion of trial_

271. Acquittal or conviction.
272. Absence of complainant.
273. Compensation for accusation without reasonable cause.

CHAPTER XXI

TRIAL OF SUMMONS-CASES BY MAGISTRATES

274. Substance of accusation to be stated.
275. Conviction on plea of guilty.
276. Conviction on plea of guilty in absence of accused in petty cases.

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SECTIONS

277. Procedure when not convicted.
278. Acquittal or conviction.
279. Non-appearance or death of complainant.
280. Withdrawal of complaint.
281. Power to stop proceedings in certain cases.
282. Power of Court to convert summons-cases into warrant-cases.

CHAPTER XXII

SUMMARY TRIALS

283. Power to try summarily.
284. Summary trial by Magistrate of second class.
285. Procedure for summary trials.
286. Record in summary trials.
287. Judgment in cases tried summarily.
288. Language of record and judgment.

CHAPTER XXIII

PLEA BARGAINING

289. Application of Chapter.
290. Application for plea bargaining.
291. Guidelines for mutually satisfactory disposition.
292. Report of mutually satisfactory disposition to be submitted before Court.
293. Disposal of case.
294. Judgment of Court.
295. Finality of judgment.
296. Power of Court in plea bargaining.
297. Period of detention undergone by accused to be set off against sentence of imprisonment.
298. Savings.
299. Statements of accused not to be used.
300. Non-application of Chapter.

CHAPTER XXIV

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

301. Definitions.
302. Power to require attendance of prisoners.
303. Power of State Government or Central Government to exclude certain persons from operation of

section 302.

304. Officer in charge of prison to abstain from carrying out order in certain contingencies.
305. Prisoner to be brought to Court in custody.
306. Power to issue commission for examination of witness in prison.

CHAPTER XXV

EVIDENCE IN INQUIRIES AND TRIALS

_A.—Mode of taking and recording evidence_

307. Language of Courts.
308. Evidence to be taken in presence of accused.
309. Record in summons-cases and inquiries.
310. Record in warrant-cases.

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SECTIONS

311. Record in trial before Court of Session.
312. Language of record of evidence.
313. Procedure in regard to such evidence when completed.
314. Interpretation of evidence to accused or his advocate.
315. Remarks respecting demeanour of witness.
316. Record of examination of accused.
317. Interpreter to be bound to interpret truthfully
318. Record in High Court.

_B.—Commissions for the examination of witnesses_

319. When attendance of witness may be dispensed with and commission issued.
320. Commission to whom to be issued.
321. Execution of commissions.
322. Parties may examine witnesses.
323. Return of commission.
324. Adjournment of proceeding.
325. Execution of foreign commissions.
326. Deposition of medical witness.
327. Identification report of Magistrate.
328. Evidence of officers of Mint.
329. Reports of certain Government scientific experts.
330. No formal proof of certain documents.
331. Affidavit in proof of conduct of public servants.
332. Evidence of formal character on affidavit.
333. Authorities before whom affidavits may be sworn.
334. Previous conviction or acquittal how proved.
335. Record of evidence in absence of accused.
336. Evidence of public servants, experts, police officers in certain cases.

CHAPTER XXVI

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

337. Person once convicted or acquitted not to be tried for same offence.
338. Appearance by Public Prosecutors.
339. Permission to conduct prosecution.
340. Right of person against whom proceedings are instituted to be defended.
341. Legal aid to accused at State expense in certain cases.
342. Procedure when corporation or registered society is an accused.
343. Tender of pardon to accomplice.
344. Power to direct tender of pardon.
345. Trial of person not complying with conditions of pardon.
346. Power to postpone or adjourn proceedings.
347. Local inspection.
348. Power to summon material witness, or examine person present.
349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.
350. Expenses of complainants and witnesses.
351. Power to examine accused.
352. Oral arguments and memorandum of arguments.
353. Accused person to be competent witness.
354. No influence to be used to induce disclosure.

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SECTIONS

355. Provision for inquiries and trial being held in absence of accused in certain cases.
356. Inquiry, trial or judgment in absentia of proclaimed offender.
357. Procedure where accused does not understand proceedings.
358. Power to proceed against other persons appearing to be guilty of offence.
359. Compounding of offences.
360. Withdrawal from prosecution.
361. Procedure in cases which Magistrate cannot dispose of.
362. 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.
364. Procedure when Magistrate cannot pass sentence sufficiently severe.
365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
366. Court to be open.

CHAPTER XXVII

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

367. Procedure in case of accused being person of unsound mind.
368. Procedure in case of person of unsound mind tried before Court.
369. Release of person of unsound mind pending investigation or trial.
370. Resumption of inquiry or trial.
371. Procedure on accused appearing before Magistrate or Court.
372. When accused appears to have been of sound mind.
373. Judgment of acquittal on ground of unsoundness of mind.
374. 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.
376. Procedure where prisoner of unsound mind is reported capable of making his defence.
377. Procedure where person of unsound mind detained is declared fit to be released.
378. Delivery of person of unsound mind to care of relative or friend.

CHAPTER XXVIII

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

379. Procedure in cases mentioned in section 215.
380. Appeal.
381. Power to order costs.
382. Procedure of Magistrate taking cognizance.
383. Summary procedure for trial for giving false evidence.
384. Procedure in certain cases of contempt.
385. Procedure where Court considers that case should not be dealt with under section 384.
386. When Registrar or Sub-Registrar to be deemed a Civil Court.
387. Discharge of offender on submission of apology.
388. 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.
390. Appeals from convictions under sections 383, 384, 388 and 389.

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CHAPTER XXIX

THE JUDGMENT

SECTIONS

391. Certain Judges and Magistrates not to try certain offences when committed before themselves.
392. Judgment.
393. Language and contents of judgment.
394. Order for notifying address of previously convicted offender.
395. Order to pay compensation.
396. Victim compensation scheme.
397. Treatment of victims.
398. Witness protection scheme.
399. Compensation to persons groundlessly arrested.
400. Order to pay costs in non-cognizable cases.
401. Order to release on probation of good conduct or after admonition.
402. Special reasons to be recorded in certain cases.
403. Court not to alter judgment.
404. Copy of judgment to be given to accused and other persons.
405. Judgment when to be translated.
406. Court of Session to send copy of finding and sentence to District Magistrate.

CHAPTER XXX

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

407. 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.
409. Power of High Court to confirm sentence or annul conviction.
410. Confirmation or new sentence to be signed by two Judges.
411. Procedure in case of difference of opinion.
412. Procedure in cases submitted to High Court for confirmation.

CHAPTER XXXI

APPEALS

413. 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 behavior.

415. Appeals from convictions.
416. No appeal in certain cases when accused pleads guilty.
417. No appeal in petty cases.
418. Appeal by State Government against sentence.
419. Appeal in case of acquittal.
420. Appeal against conviction by High Court in certain cases.
421. Special right of appeal in certain cases.
422. Appeal to Court of Session how heard.
423. Petition of appeal.
424. Procedure when appellant in jail.
425. Summary dismissal of appeal.
426. Procedure for hearing appeals not dismissed summarily.
427. Powers of Appellate Court.
428. Judgments of subordinate Appellate Court.
429. Order of High Court on appeal to be certified to lower Court.

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SECTIONS

430. Suspension of sentence pending appeal; release of appellant on bail.
431. Arrest of accused in appeal from acquittal.
432. Appellate Court may take further evidence or direct it to be taken.
433. Procedure where Judges of Court of appeal are equally divided.
434. Finality of judgments and orders on appeal.
435. Abatement of appeals.

CHAPTER XXXII

REFERENCE AND REVISION

436. Reference to High Court.
437. Disposal of case according to decision of High Court.
438. Calling for records to exercise powers of revision.
439. Power to order inquiry.
440. Sessions Judge's powers of revision.
441. Power of Additional Sessions Judge.
442. High Court's powers of revision.
443. Power of High Court to withdraw or transfer revision cases.
444. Option of Court to hear parties.
445. High Court's order to be certified to lower Court.

CHAPTER XXXIII

TRANSFER OF CRIMINAL CASES

446. Power of Supreme Court to transfer cases and appeals.
447. Power of High Court to transfer cases and appeals.
448. Power of Sessions Judge to transfer cases and appeals.
449. Withdrawal of cases and appeals by Sessions Judges.
450. Withdrawal of cases by Judicial Magistrates.
451. Making over or withdrawal of cases by Executive Magistrates.
452. Reasons to be recorded.

CHAPTER XXXIV

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

_A.—Death sentences_

453. Execution of order passed under section 409.
454. Execution of sentence of death passed by High Court.
455. Postponement of execution of sentence of death in case of appeal to Supreme Court.
456. Commutation of sentence of death on pregnant woman.

_B.—Imprisonment_

457. Power to appoint place of imprisonment.
458. Execution of sentence of imprisonment.
459. Direction of warrant for execution.
460. Warrant with whom to be lodged.

_C.—Levy of fine_

461. Warrant for levy of fine.
462. Effect of such warrant.
463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not extend.
464. Suspension of execution of sentence of imprisonment.

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_D.—General provisions regarding execution_

SECTIONS

465. Who may issue warrant.
466. Sentence on escaped convict when to take effect.
467. Sentence on offender already sentenced for another offence.
468. Period of detention undergone by accused to be set off against sentence of imprisonment.
469. Saving.
470. Return of warrant on execution of sentence.
471. Money ordered to be paid recoverable as a fine.

_E.—Suspension, remission and commutation of sentences_

472. Mercy petition in death sentence cases.
473. Power to suspend or remit sentences.
474. Power to commute sentence.
475. Restriction on powers of remission or commutation in certain cases.
476. Concurrent power of Central Government in case of death sentences.
477. State Government to act after concurrence with Central Government in certain cases.

CHAPTER XXXV

PROVISIONS AS TO BAIL AND BONDS

478. In what cases bail to be taken.
479. Maximum period for which under-trial prisoner can be detained.
480. When bail may be taken in case of non-bailable offence.
481. Bail to require accused to appear before next Appellate Court
482. Direction for grant of bail to person apprehending arrest.
483. Special powers of High Court or Court of Session regarding bail.
484. Amount of bond and reduction thereof.
485. Bond of accused and sureties.
486. Declaration by sureties.
487. Discharge from custody.
488. Power to order sufficient bail when that first taken is insufficient.
489. Discharge of sureties.
490. Deposit instead of recognizance.
491. Procedure when bond has been forfeited.
492. Cancellation of bond and bail bond
493. Procedure in case of insolvency or death of surety or when a bond is forfeited.
494. Bond required from child.
495. Appeal from orders under section 491.
496. Power to direct levy of amount due on certain recognizances.

CHAPTER XXXVI

DISPOSAL OF PROPERTY

497. Order for custody and disposal of property pending trial in certain cases.
498. Order for disposal of property at conclusion of trial.
499. Payment to innocent purchaser of money found on accused.
500. Appeal against orders under section 498 or section 499.
501. Destruction of libellous and other matter.
502. Power to restore possession of immovable property.
503. Procedure by police upon seizure of property.

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SECTIONS

504. Procedure where no claimant appears within six months.
505. Power to sell perishable property.

CHAPTER XXXVII

IRREGULAR PROCEEDINGS

506. Irregularities which do not vitiate proceedings.
507. Irregularities which vitiate proceedings.
508. Proceedings in wrong place.
509. Non-compliance with provisions of section 183 or section 316.
510. 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.
512. Defect or error not to make attachment unlawful.

CHAPTER XXXVIII

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

513. Definitions.
514. Bar to taking cognizance after lapse of period of limitation.
515. Commencement of period of limitation.
516. Exclusion of time in certain cases.
517. Exclusion of date on which Court is closed.
518. Continuing offence.
519. Extension of period of limitation in certain cases.

CHAPTER XXXIX

MISCELLANEOUS

520. Trials before High Courts.
521. Delivery to commanding officers of persons liable to be tried by Court-martial.
522. Forms.
523. Power of High Court to make rules.
524. Power to alter functions allocated to Executive Magistrate in certain cases.
525. Cases in which Judge or Magistrate is personally interested.
526. Practising advocate not to sit as Magistrate in certain Courts.
527. Public servant concerned in sale not to purchase or bid for property.
528. Saving of inherent powers of High Court.
529. Duty of High Court to exercise continuous superintendence over Courts.
530. Trial and proceedings to be held in electronic mode.
531. Repeal and savings.
THE FIRST SCHEDULE

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# THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

 ACT NO. 46 OF 2023

[25th December, 2023.]

# An Act to consolidate and amend the law relating to Criminal Procedure.

BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Bharatiya Nagarik**

Suraksha Sanhita, 2023.

(2) The provisions of this Sanhita, other than those relating to Chapters IX, XI and XII thereof, shall

not apply—

(a) to the State of Nagaland;

(b) to the tribal areas,

but the concerned State Government may, by notification, apply such provisions or any of them

to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such
supplemental, incidental or consequential modifications, as may be specified in the notification.

_Explanation.—In this section, “tribal areas” means the territories which immediately before_

the 21st day of January, 1972, were included in the tribal areas of Assam, as referred to in paragraph 20 of
the Sixth Schedule to the Constitution, other than those within the local limits of the municipality of
Shillong.

(3) It shall come into force on such date[*] as the Central Government may, by notification in the Official

Gazette, appoint.

**2. Definitions.—(1) In this Sanhita, unless the context otherwise requires,—**

(a) “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;

(b) “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;

(c) “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;

(d) “bail bond” means an undertaking for release with surety;

(e) “bond” means a personal bond or an undertaking for release without surety;

(f) “charge” includes any head of charge when the charge contains more heads than one;

1. 1st July, 2024, [except the provisions of the entry relation to Section 106(2) in the first Schedule], _vide notification No._

S.O. 848(E), dated, 23rd day of February, 2024, see Gazette of India, Extraordinary, Part II, sec. 3(ii).

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(g) “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;

(h) “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;

(i) “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;

(j) “High Court” means,—

(i) in relation to any State, the High Court for that State;

(ii) in relation to a Union territory to which the jurisdiction of the High Court for a State has

been extended by law, that High Court;

(iii) in relation to any other Union territory, the highest Court of criminal appeal for that

territory other than the Supreme Court of India;

(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate

or Court;

(l) “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;

(m) “judicial proceeding” includes any proceeding in the course of which evidence is or may be

legally taken on oath;

(n) “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;

(o) “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;

(p) “notification” means a notification published in the Official Gazette;

(q) “offence” means any act or omission made punishable by any law for the time being in force

and includes any act in respect of which a complaint may be made under section 20 of the Cattle
Trespass Act, 1871 (1 of 1871);

(r) “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

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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;

(s) “place” includes a house, building, tent, vehicle and vessel;

(t) “police report” means a report forwarded by a police officer to a Magistrate under

sub-section (3) of section 193;

(u) “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;

(v) “Public Prosecutor” means any person appointed under section 18, and includes any person

acting under the directions of a Public Prosecutor;

(w) “sub-division” means a sub-division of a district;

(x) “summons-case” means a case relating to an offence, and not being a warrant-case;

(y) “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;

(z) “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 (2 of 2000) and the Bharatiya Nyaya Sanhita, 2023 shall have the meanings
respectively assigned to them in that Act and Sanhita.

**3. Construction of references.—(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.

(2) Where, under any law, other than this Sanhita, the functions exercisable by a Magistrate relate to

matters,—

(a) 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

(b) which are administrative or executive in nature, such as, the granting of a licence, the suspension

or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall,
subject to the provisions of clause (a) be exercisable by an Executive Magistrate.

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

**5.** **Saving.—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.

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CHAPTER II

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

**6.** **Classes of Criminal Courts.— Besides the High Courts and the Courts constituted under any law,**

other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:—

(i) Courts of Session;

(ii) Judicial Magistrates of the first class;

(iii) Judicial Magistrates of the second class; and

(iv) Executive Magistrates.

**7. Territorial divisions.—(1) Every State shall be a sessions division or shall consist of sessions**

divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of
districts.

(2) The State Government may, after consultation with the High Court, alter the limits or the number

of such divisions and districts.

(3) The State Government may, after consultation with the High Court, divide any district into

sub-divisions and may alter the limits or the number of such sub-divisions.

(4) The sessions divisions, districts and sub-divisions existing in a State at the commencement of this

Sanhita, shall be deemed to have been formed under this section.

**8. Court of Session.—(1) The State Government shall establish a Court of Session for every sessions**

division.

(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.

(3) The High Court may also appoint Additional Sessions Judges to exercise jurisdiction in a Court of

Session.

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an

Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such
place or places in the other division as the High Court may direct.

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the

disposal of any urgent application which is, or may be, made or pending before such Court of Session by
an Additional 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.

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may,

by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to
the general convenience of the parties and witnesses to hold

its sittings at any other place in the sessions division, it may, with the consent of the prosecution and

the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses
therein.

(7) 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.

(8) 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.

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_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.

**9. Courts of Judicial Magistrates.—(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.

(2) The presiding officers of such Courts shall be appointed by the High Court.

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of 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.

**10. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.—(1) In every district,**

the High Court shall appoint a Judicial Magistrate of the first class to be the Chief Judicial Magistrate.

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief

Judicial magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate
under this Sanhita or under any other law for the time being in force as the High Court may direct.

(3) 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.

(4) 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.

**11.** **Special Judicial Magistrates.—(1) The High Court may, if requested by the Central or State**

Government so to do, confer upon any person who holds or has held any post under the Government, all or
any of the powers conferred or conferrable by or under this 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.

**12. Local Jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the**

Chief udicial 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.

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such

Magistrate shall extend throughout the district.

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(3) 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.

**13. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be subordinate**

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

(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent

with this Sanhita, as to the distribution of business among the Judicial Magistrates subordinate to him.

**14. Executive Magistrates.—(1) In every district, the State Government may appoint as many persons**

as itthinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.

(2) The State Government may appoint any Executive Magistrate to be an Additional District

Magistrate, and such Magistrate shall have 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.

(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer

succeeds temporarily to the executive administration of the district, such officer shall, pending the orders
of the State Government, exercise all the powers and perform all the duties respectively conferred and
imposed by this Sanhita on the District Magistrate.

(4) The State Government may place an Executive Magistrate in charge of a sub-division and may

relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division
shall be called the Sub-divisional Magistrate.

(5) 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.

(6) 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.

**15.** **Special Executive Magistrates.—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.

**16. Local Jurisdiction of Executive.—Magistrates. (1) Subject to the control of the State Government,**

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

(2) Except as otherwise provided by such definition, the jurisdiction and powers of every such

Magistrate shall extend throughout the district.

**17. Subordination of Executive Magistrates.—(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.

(2) 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.

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**18. Public Prosecutors.—(1) For every High Court, the Central Government or the State Government**

shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more
Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding
on behalf of the Central Government or 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.

(2) The Central Government may appoint one or more Public Prosecutors for the purpose of conducting

any case in any district or local area.

(3) For every district, the State Government shall appoint a Public Prosecutor and may also appoint one

or more Additional Public Prosecutors for the district:

Provided that the Public Prosecutor or Additional Public Prosecutor appointed for one district may be

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

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of

persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors
for the district.

(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public

Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate
under sub-section (4).

(6) Notwithstanding anything 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.

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor

under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice
as an advocate for not less than seven years.

(8) The Central Government or the State Government may appoint, for the purposes of any case or class

of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public
Prosecutor:

Provided that the Court may permit the victim to engage an advocate of his choice to assist the

prosecution under this sub-section.

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(9) 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.

**19. Assistant Public Prosecutors.—(1) The State Government shall appoint in every district one or**

more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.

(2) 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.

(3) 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.

**20. Directorate of Prosecution.—(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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

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(7) 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.

(8) 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.

(9) The functions of the Assistant Director of Prosecution shall be to monitor cases in which offences

are punishable for less than seven years.

(10) 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.

(11) 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.

(12) 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

**21. Courts by which offences are triable.—Subject to the other provisions of this Sanhita,—**

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

(i) the High Court; or

(ii) the Court of Session; or

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

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.

**22. Sentences which High Courts and Sessions Judges may pass.—(1) A High Court may pass any**

sentence authorised by law.

(2) A Sessions Judge or Additional Sessions Judge may pass any sentence authorised by law; but any

sentence of death passed by any such Judge shall be subject to confirmation by the High Court.

**23. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass**

any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment
for a term exceeding seven years.

(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not

exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service.

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(3) 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.

**24. Sentence of imprisonment in default of fine.—(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.

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

(2) 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.

(3) 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.

**26. Mode of conferring powers.—(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.

**27. Powers of officers appointed.—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 samenature, 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.

**28. Withdrawal of powers.—(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.

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(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.

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

(2) 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.

(3) 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

**30. Powers of superior officers of police.—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.

**31. Public when to assist Magistrates and police.—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.

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

**33. Public to give information of certain offences.—(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;

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

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

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

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(xii) sections 331 and 332, 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.

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

**report.—(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 nonbailable offence has been committed in respect of such person;

(e) the commission of, or intention to commit, at any place out of India nearsuch 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.

**35. When police may arrest without warrant.—(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:—

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(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

(c) 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

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

Government; or

(e) 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

(f) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts

to escape, from lawful custody; or

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

(h) 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

(i) who, being a released convict, commits a breach of any rule made under sub-section (5) of

section 394; or

(j) 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.

(2) 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.

(3) 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

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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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

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

**37. Designated police officer.—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.

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

**39. Arrest on refusal to give name and residence.—(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.

(2) 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.

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(3) 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.

**40. Arrest by private person and procedure on such arrest.—(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.

(2) 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.

(3) 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.

**41. Arrest by Magistrate.—(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.

**42. Protection of members of Armed Forces from arrest.—(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.

**43. Arrest how made.—(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.

(2) 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.

(3) 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.

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(4) 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.

(5) 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.

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

(2) 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.

(3) 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.

**45. Pursuit of offenders into other jurisdictions.—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.

**46. No unnecessary restraint.—The person arrested shall not be subjected to more restraint than is**

necessary to prevent his escape.

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

(2) 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.

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

(2) 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.

(3) 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.

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(4) 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.

**49. Search of arrested person.—(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.

**50. Power to seize offensive weapons.—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.

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

(2) 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.

(3) 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 (30 of 2019) and whose name
has been entered in the National Medical Register or a State Medical Register under that Act.

**52. Examination of person accused of rape by medical practitioner.—(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

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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.

(2) 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:—

(i) the name and address of the accused and of the person by whom he was brought;

(ii) the age of the accused;

(iii) marks of injury, if any, on the person of the accused;

(iv) the description of material taken from the person of the accused for DNA profiling; and

(v) other material particulars in reasonable detail.

(3) The report shall state precisely the reasons for each conclusion arrived at.

(4) The exact time of commencement and completion of the examination shall also be noted in the

report.

(5) 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.

**53. Examination of arrested person by medical officer.—(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.

(2) 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.

(3) 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 not available, by a registered medical practitioner
soon after the arrest is made:

**54. Identification of person arrested.—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.

**55. Procedure when police officer deputes subordinate to arrest without warrant.—(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

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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.

**56. Health and safety of arrested person.—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.

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

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

**59. Police to report apprehensions.— 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.

**60. Discharge of person apprehended.—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.

**61. Power, on escape, to pursue and retake.—(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.

**62. Arrest to be made strictly according to Sanhita.— 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_

**63. Form of summons.—Every summons issued by a Court under this Sanhita shall be,—**

(i) in writing, in duplicate, signed by the presiding officer of such Court 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 and shall bear the image of the

seal of the Court or digital signature.

**64. Summons how served.—(1) Every summons shall be served by a police officer, or subject to such**

rules as the State Government may make in this behalf, by an officer 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 rules, provide.

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(2) 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, as the State Government may, by rules, provide.

(3) Every person on whom a summons is so served personally shall, if so required by the serving officer,

sign a receipt therefor on the back of the other duplicate.

**65. Service of summons on corporate bodies, firms, and societies.—(1) Service of a summons on a**

company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer
of the company or corporation, or by letter sent by registered post addressed to the Director, Manager,
Secretary or other officer of the company or corporation in India, in which case the service shall be deemed
to have been effected when the letter would arrive in ordinary course of post.

_Explanation.—In this section, “company” means a body corporate and “corporation” means an_

incorporated company or other body corporate registered under the Companies Act, 2013 (18 of 2013) or
a society registered under the Societies Registration Act, 1860 (21 of 1860).

(2) Service of a summons on a firm or other association of individuals may be effected by serving it on

any partner of such firm or association, or by letter sent by registered post addressed to such partner, in
which case the service shall be deemed to have been effected when the letter would arrive in ordinary course
of post.

**66. Service when persons summoned cannot be found.—Where the person summoned cannot, by**

the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for
him with some adult member of his family residing with him, and the person with whom the summons is
so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate.

_Explanation.—A servant is not a member of the family within the meaning of this section._

**67. Procedure when service cannot be effected as before provided.—If service cannot by the**

exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer
shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in
which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it
thinks fit, may either declare that the summons has been duly served or order fresh service in such manner
as it considers proper.

**68. Service on Government servant.—(1) Where the person summoned is in the active service of the**

Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in
which such person is employed; and such head shall thereupon cause the summons to be served in the
manner provided by section 64, and shall return it to the Court under his signature with the endorsement
required by that section.

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

**69. Service of summons outside local limits.—When a Court desires that a summons issued by it shall**

be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a
Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served.

**70. Proof of service in such cases and when serving officer not present.—(1) When a summons**

issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served
a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate,
that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the
manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with
whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be
correct unless and until the contrary is proved.

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(2) The affidavit mentioned in this section may be attached to the duplicate of the summons and returned

to the Court.

(3) All summons served through electronic communication under sections 64 to 71 (both inclusive)

shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of
service of summons.

**71. Service of summons on witness.—(1) Notwithstanding anything contained in the preceding**

sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously
with the issue of such summons, direct a copy of the summons to be served by electronic communication
or by registered post addressed to the witness at the place where he ordinarily resides or carries on business
or personally works for gain.

(2) When an acknowledgement purporting to be signed by the witness or an endorsement purporting to

be made by a postal employee that the witness refused to take delivery of the summons has been received
or on the proof of delivery of summons under sub-section (3) of section 70 by electronic communication to
the satisfaction of the Court, the Court issuing summons may deem that the summons has been duly served.

_B.—Warrant of arrest_

**72. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under**

this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the
Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until

it is executed.

**73. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person**

may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with
sufficient sureties for his attendance before the Court at a specified time and thereafter until otherwise
directed by the Court, the officer to whom the warrant is directed shall take such security and shall release
such person from custody.

(2) The endorsement shall state—

(a) the number of sureties;

(b) the amount in which they and the person for whose arrest the warrant is issued, are to be

respectively bound;

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

(3) Whenever security is taken under this section, the officer to whom the warrant is directed shall

forward the bond to the Court.

**74. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more**

police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no
police officer is immediately available, direct it to any other person or persons, and such person or persons
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.

**75. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of**

the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped
convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading
arrest.

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(2) Such person shall acknowledge in writing the receipt of the warrant, and shall execute it if the person

for whose arrest it was issued, is in, or enters on, any land or other property under his charge.

(3) 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 jurisdiction
in the case, unless security is taken under section 73.

**76. Warrant directed to police officer.—A warrant directed to any police officer may also be executed**

by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed
or endorsed.

**77. Notification of substance of warrant.—The police officer or other person executing a warrant of**

arrest shall notify the substance thereof to the person to be arrested, and, if so required, shall show him
the warrant.

**78. Person arrested to be brought before Court without delay.—The police officer or other person**

executing a warrant of arrest shall (subject to the provisions of section 73 as to security) without
unnecessary delay bring the person arrested before the Court before which he is required by law to produce
such person:

Provided that such delay shall not, in any case, exceed twenty-four hours exclusive of the time

necessary for the journey from the place of arrest to the Magistrate's Court.

**79. Where warrant may be executed.—A warrant of arrest may be executed at any place in India.**

**80. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed**

outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a
police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District
Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be
executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name
thereon, and if practicable, cause it to be executed in the manner hereinbefore provided.

(2) The Court issuing a warrant under sub-section (1) shall forward, along with thewarrant, the

substance of the information against the person to be arrested together with such documents, if any, as may
be sufficient to enable the Court acting under section 83 to decide whether bail should or should not be
granted to the person.

**81. Warrant directed to police officer for execution outside jurisdiction.—(1) When a warrant**

directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he
shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below
the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant
is to be executed.

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be

sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local
police shall, if so required, assist such officer in executing such warrant.

(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the

Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such
execution, the police officer to whom it is directed may execute the same without such endorsement in any
place beyond the local jurisdiction of the Court which issued it.

**82. Procedure on arrest of person against whom warrant issued.—(1) When a warrant of arrest is**

executed outside the district in which it was issued, the person arrested shall, unless the Court which issued
the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or
District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction

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the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District
Superintendent or Commissioner.

(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the

information regarding such arrest and the place where the arrested person is being held to the designated
police officer in the district and to such officer of another district where the arrested person normally resides.

**83. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive**

Magistrate or District Superintendent of Police or Commissioner of Police shall, if the person arrested
appears to be the person intended by the Court which issued the warrant, direct his removal in custody to
such Court:

Provided that, if the offence is bailable, and such person is ready and willing to give bail bond to the

satisfaction of such Magistrate, District Superintendent or Commissioner, or a direction has been endorsed
under section 73 on the warrant and such person is ready and willing to give the security required by such
direction, the Magistrate, District Superintendent or Commissioner shall take such bail bond or security, as
the case may be, and forward the bond, to the Court which issued the warrant:

Provided further that if the offence is a non-bailable one, it shall be lawful for the Chief Judicial

Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the
arrest is made on consideration of the information and the documents referred to in sub-section (2) of section
80, to release such person on bail.

(2) Nothing in this section shall be deemed to prevent a police officer from taking security under

section 73.

_C.—Proclamation and attachment_

**84. Proclamation for person absconding.—(1) If any Court has reason to believe (whether after**

taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is
concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation
requiring him to appear at a specified place and at a specified time not less than thirty days from the date
of publishing such proclamation.

(2) The proclamation shall be published as follows:—

(i) (a) it shall be publicly read in some conspicuous place of the town or village in which such

person ordinarily resides;

(b) it shall be affixed to some conspicuous part of the house or homestead in which such person

ordinarily resides or to some conspicuous place of such town or village;

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

(ii) the Court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily

newspaper circulating in the place in which such person ordinarily resides.

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was

duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive
evidence that the requirements of this section have been complied with, and that the proclamation was
published on such day.

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence

which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death
under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person
fails to appear at the specified place and time required by the proclamation, the Court may, after making
such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect.

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(5) The provisions of sub-sections (2) and (3) shall apply to a declaration made by the Court under

sub-section (4) as they apply to the proclamation published under sub-section (1).

**85. Attachment of property of person absconding.—(1) The Court issuing a proclamation under**

section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order
the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:

Provided that where at the time of the issue of the proclamation the Court is satisfied, by affidavit or

otherwise, that the person in relation 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 the local jurisdiction of the Court,

it may order the attachment of property simultaneously with the issue of the proclamation.

(2) Such order shall authorise the attachment of any property belonging to such person within the

district in which it is made; and it shall authorise the attachment of any property belonging to such person
without such district when endorsed by the District Magistrate within whose district such property is situate.

(3) If the property ordered to be attached is a debt or other movable property, 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 property to the proclaimed person or to

any one on his behalf; or

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

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the

case of land paying revenue to the State Government, be made through the Collector of the district in 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 on delivery of property to the proclaimed

person or to any one on his behalf; or

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

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court

may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall
abide the order of the Court.

(6) The powers, duties and liabilities of a receiver appointed under this section shall be the same as

those of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908).

**86. Identification and attachment of property of proclaimed person.—The Court may, on the**

written request from a police officer not below the rank of the Superintendent of Police or Commissioner
of Police, initiate the process of requesting assistance from a Court or an authority in the contracting State
for identification, attachment and forfeiture of property belonging to a proclaimed person in accordance
with the procedure provided in Chapter VIII.

**87. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the**

attachment of, any property attached under section 85, within six months from the date of such attachment,
by any person other than the proclaimed person, on the ground that the claimant or objector has an interest

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in such property, and that such interest is not liable to attachment under section 85, the claim or objection
shall be inquired into, and may be allowed or disallowed in whole or in part:

Provided that any claim preferred or objection made within the period allowed by this sub-section may,

in the event of the death of the claimant or objector, be continued by his legal representative.

(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the

order of attachment is issued, or, if the claim or objection is in respect of property attached under an order
endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in
which the attachment is made.

(3) 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 Chief Judicial Magistrate, he may make it over

for disposal to any Magistrate subordinate to him.

(4) Any person whose claim or objection has been disallowed in whole or in part by an order under

sub-section (1) may, within a period of one year from the date of such order, institute a suit to establish the
right which he claims in respect of the property in dispute; but subject to the result of such suit, if any, the
order shall be conclusive.

**88. Release, sale and restoration of attached property.—(1) If the proclaimed person appears within**

the time specified in the proclamation, the Court shall make an order releasing the property from the
attachment.

(2) If the proclaimed person does not appear within the time specified in the proclamation, the property

under the attachment shall be at the disposal of the State Government; but it shall not be sold until the
expiration of six months from the date of the attachment and until any claim preferred or objection made
under section 87 has been disposed of under that section, unless it is subject to speedy and natural decay,
or the Court considers that the sale would be for the benefit of the owner; in either of which cases the Court
may cause it to be sold whenever it thinks fit.

(3) If, within two years from the date of the attachment, any person whose property is or has been at

the disposal of the State Government under sub-section (2), appears voluntarily or is apprehended and
brought before the Court by whose order the property was attached, or the Court to which such Court is
subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the
purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to
enable him to attend within the time specified therein, such property, or, if the same has been sold, the net
proceeds of the sale, or, if part only thereof has been sold, the net proceeds of the sale and the residue of
the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be
delivered to him.

**89. Appeal from order rejecting application for restoration of attached property.—Any person**

referred to in sub-section (3) of section 88, who is aggrieved by any refusal to deliver property or the
proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of
the first-mentioned Court.

_D.—Other rules regarding processes_

**90. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it**

is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording
its reasons in writing, a warrant for his arrest—

(a) if, either before the issue of such summons, or after the issue of the same but before the time

fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the
summons; or

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(b) if at such time he fails to appear and the summons is proved to have been duly served in time

to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

**91. Power to take bond or bail bond for appearance.—When any person for whose appearance or**

arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such
Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court,
or any other Court to which the case may be transferred for trial.

**92. Arrest on breach of bond or bail bond for appearance.—When any person who is bound by any**

bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding
in such Court may issue a warrant directing that such person be arrested and produced before him.

**93. Provisions of this Chapter generally applicable to summons and warrants of arrest.—The**

provisions contained in this Chapter relating to summons and warrant, and their issue, service and
execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this
Sanhita.

CHAPTER VII

PROCESSES TO COMPEL THE PRODUCTION OF THINGS

_A.—Summons to produce_

**94. Summons to produce document or other thing.—(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.

(2) 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.

(3) 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 (13 of 1891); or

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

postal authority.

**95. Procedure as to letters.—(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).

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_B.—Search-warrants_

**96. When search-warrant may be issued.—(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.

(2) 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.

(3) 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.

**97. Search of place suspected to contain stolen property, forged documents, etc.—(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 (11 of 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 (52 of 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 (45 of 2023);

(g) instruments or materials used for the production of any of the articles mentioned in

clauses (a) to (f).

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

**same.—(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 (45 of 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.

(2) 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 (25 of 1867);

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

(3) 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.

**99. Application to High Court to set aside declaration of forfeiture.—(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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

**100. Search for persons wrongfully confined.—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.

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**101. Power to compel restoration of abducted females.—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_

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

**103. Persons in charge of closed place to allow search.—(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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

(6) 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.

(7) 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.

(8) 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 (45 of 2023).

**104. Disposal of things found in search beyond jurisdiction.—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.

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_D.—Miscellaneous_

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

**106. Power of police officer to seize certain property.—(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.

(2) Such police officer, if subordinate to the officer in charge of a police station, shall forthwith report

the seizure to that officer.

(3) 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.

**107. Attachment, forfeiture or restoration of property.—(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.

(2) 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.

(3) 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.

(4) 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.

(5) 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,

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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.

(6) 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.

(7) 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.

(8) 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.

**108. Magistrate may direct search in his presence.—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.

**109. Power to impound document, etc., produced.—Any Court may, if it thinks fit, impound any**

document or thing produced before it under this Sanhita.

**110. Reciprocal arrangements regarding processes.—(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;

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(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

**111. Definitions.—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.

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

**India.—(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.

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

**investigation in India.—(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.

**114. Assistance in securing transfer of persons.—(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.

**115. Assistance in relation to orders of attachment or forfeiture of property.—(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).

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(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.

**116. Identifying unlawfully acquired property.—(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.

**117. Seizure or attachment of property.—(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.

**118. Management of properties seized or forfeited under this Chapter.—(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.

**119. Notice of forfeiture of property.—(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.

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**120. Forfeiture of property in certain cases.—(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 (18 of 2013) or the
Articles of Association of the company, forthwith register the Central Government as the transferee of such
shares.

**121. Fine in lieu of forfeiture.—(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.

**122. Certain transfers to be** **_null_** **and** **_void.—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.

**123. Procedure in respect of letter of request.—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.

**124. Application of this Chapter.—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.

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CHAPTER IX

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

**125. Security for keeping peace on conviction.—(1) When a Court of Session or Court of a Magistrate**

of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such
offence and is of opinion that it is necessary to take security from such person for keeping the peace, the
Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for
keeping the peace for such period, not exceeding three years, as it thinks fit.

(2) The offences referred to in sub-section (1) are—

(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023),

other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197
thereof;

(b) any offence which consists of, or includes, assault or using criminal force or committing

mischief;

(c) any offence of criminal intimidation;

(d) any other offence which caused, or was intended or known to be likely to cause, a breach of the

peace.

(3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become

void.

(4) An order under this section may also be made by an Appellate Court or by a Court when exercising

its powers of revision.

**126. Security for keeping peace in other cases.—(1) When an Executive Magistrate receives**

information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to
do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and
is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided,
require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping
the peace for such period, not exceeding one year, as the Magistrate thinks fit.

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place

where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within
such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or
to do any wrongful act as aforesaid beyond such jurisdiction.

**127. Security for good behaviour from persons disseminating certain matters.—(1) When an**

Executive Magistrate receives information that there is within his local jurisdiction any person who, within
or without such jurisdiction,—

(i) either orally or in writing or in any other manner, intentionally disseminates or attempts to

disseminate or abets the dissemination of,—

(a) any matter the publication of which is punishable under section 152 or section 196 or

section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); or

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official

duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita,
2023;

(ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire,

distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is
referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023,

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and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the
manner hereinafter provided, require such person to show cause why he should not be ordered to execute a
bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks
fit.

(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher

of any publication registered under, and edited, printed and published in conformity with, the rules laid
down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained
in such publication except by the order or under the authority of the State Government or some officer
empowered by the State Government in this behalf.

**128. Security for good behaviour from suspected persons.—When an Executive Magistrate receives**

information that there is within his local jurisdiction a person taking precautions to conceal his presence
and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the
Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not
be ordered to execute a bond or bail bond for his good behaviour for such period, not exceeding one year,
as the Magistrate thinks fit.

**129. Security for good behaviour from habitual offenders.—When an Executive Magistrate**

receives information that there is within his local jurisdiction a person who—

(a) is by habit a robber, house-breaker, thief, or forger; or

(b) is by habit a receiver of stolen property knowing the same to have been stolen; or

(c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property;

or

(d) habitually commits, or attempts to commit, or abets the commission of, the offence of

kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of
the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of
that Sanhita; or

(e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a

breach of the peace; or

(f) habitually commits, or attempts to commit, or abets the commission of—

(i) any offence under one or more of the following Acts, namely:—

(a) the Drugs and Cosmetics Act, 1940 (23 of 1940.);

(b) the Foreigners Act, 1946 (31 of 1946);

(c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (19 of 1952);

(d) the Essential Commodities Act, 1955 (10 of 1955);

(e) the Protection of Civil Rights Act, 1955 (22 of 1955);

(f) the Customs Act, 1962 (52 of 1962);

(g) the Food Safety and Standards Act, 2006 (34 of 2006); or

(ii) any offence punishable under any other law providing for the prevention of hoarding or

profiteering or of adulteration of food or drugs or of corruption; or

(g) is so desperate and dangerous as to render his being at large without security hazardous to the

community,

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such Magistrate may, in the manner hereinafter provided, require such person to show cause why he

should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three
years, as the Magistrate thinks fit.

**130. Order to be made.—When a Magistrate acting under section 126, section 127, section 128 or**

section 129, deems it necessary to require any person to show cause under such section, he shall make an
order in writing, setting forth the substance of the information received, the amount of the bond to be
executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency
and fitness of sureties.

**131. Procedure in respect of person present in Court.—If the person in respect of whom such order**

is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be
explained to him.

**132. Summons or warrant in case of person not so present.—If such person is not present in Court,**

the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant
directing the officer in whose custody he is to bring him before the Court:

Provided that whenever it appears to such Magistrate, upon the report of a police officer or upon other

information (the substance of which report or information shall be recorded by the Magistrate), that there
is reason to fear the commission of a breach of the peace, and that such breach of the peace cannot be
prevented otherwise than by the immediate arrest of such person, the Magistrate may at any time issue a
warrant for his arrest.

**133. Copy of order to accompany summons or warrant.—Every summons or warrant issued under**

section 132 shall be accompanied by a copy of the order made under section 130, and such copy shall be
delivered by the officer serving or executing such summons or warrant to the person served with, or arrested
under, the same.

**134. Power to dispense with personal attendance.—The Magistrate may, if he sees sufficient cause,**

dispense with the personal attendance of any person called upon to show cause why he should not be ordered
to execute a bond for keeping the peace or for good behaviour and may permit him to appear by an advocate.

**135. Inquiry as to truth of information.—(1) When an order under section 130 has been read or**

explained under section 131 to a person present in Court, or when any person appears or is brought before
a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the
Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and
to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed

for conducting trial and recording evidence in summons-cases.

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the

Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the
peace or disturbance of the public tranquillity or the commission of any offence or for the public safety,
may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130
has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until
the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in
default of execution, until the inquiry is concluded:

Provided that—

(a) no person against whom proceedings are not being taken under section 127, section 128, or

section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour;

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(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties

or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those
specified in the order under section 130.

(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and

dangerous as to render his being at large without security hazardous to the community may be proved by
evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be

dealt with in the same or separate inquiries as the Magistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six months from the date of its

commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the
expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the
Magistrate otherwise directs:

Provided that where any person has been kept in detention pending such inquiry, the proceeding against

that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such
detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the

Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is
satisfied that it was not based on any special reason or was perverse.

**136. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the**

peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is
made should execute a bond or bail bond, the Magistrate shall make an order accordingly:

Provided that—

(a) no person shall be ordered to give security of a nature different from, or of an amount larger

than, or for a period longer than, that specified in the order made under section 130;

(b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of

the case and shall not be excessive;

(c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed

only by his sureties.

**137. Discharge of person informed against.—If, on an inquiry under section 135, it is not proved that**

it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in
respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the
record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him,
or, if such person is not in custody, shall discharge him.

**138. Commencement of period for which security is required.—(1) If any person, in respect of**

whom an order requiring security is made under section 125 or section 136, is at the time such order is
made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is
required shall commence on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the Magistrate, for

sufficient reason, fixes a later date.

**139. Contents of bond.—The bond or bail bond to be executed by any such person shall bind him to**

keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or
attempt to commit, or the abetment of, any offence punishable with imprisonment, wherever it may be
committed, is a breach of the bond or bail bond.

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**140. Power to reject sureties.—** (1) A Magistrate may refuse to accept any surety offered, or may

reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such
surety is an unfit person for the purposes of the bail bond:

Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an

inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon
by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the

person by whom the surety was offered and shall, in making the inquiry, record the substance of the
evidence adduced before him.

(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before

a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any), that the surety is an
unfit person for the purposes of the bail bond, he shall make an order refusing to accept or rejecting, as the
case may be, such surety and recording his reasons for so doing:

Provided that before making an order rejecting any surety who has previously been accepted, the

Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety
is bound to appear or to be brought before him.

**141. Imprisonment in default of security.—(1) (a) If any person ordered to give security under**

section 125 or section 136 does not give such security on or before the date on which the period for which
such security is to be given commences, he shall, except in the case next hereinafter mentioned, be
committed to prison, or, if he is already in prison, be detained in prison until such period expires or until
within such period he gives the security to the Court or Magistrate who made the order requiring it;

(b) if any person after having executed a bond or bail bond for keeping the peace in pursuance of an

order of a Magistrate under section 136, is proved, to the satisfaction of such Magistrate or his successorin-office, to have committed breach of the bond or bail bond, such Magistrate or successor-in-office may,
after recording the grounds of such proof, order that the person be arrested and detained in prison until the
expiry of the period of the bond or bail bond and such order shall be without prejudice to any other
punishment or forfeiture to which the said person may be liable in accordance with law.

(2) When such person has been ordered by a Magistrate to give security for a period exceeding one

year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing
him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as
soon as conveniently may be, before such Court.

(3) Such Court, after examining such proceedings and requiring from the Magistrate any further

information or evidence which it thinks necessary, and after giving the concerned person a reasonable
opportunity of being heard, may pass such order on the case as it thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall

not exceed three years.

(4) If security has been required in the course of the same proceeding from two or more persons in

respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such
reference shall also include the case of any other of such persons who has been ordered to give security,
and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person
also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which
he was ordered to give security.

(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under

sub-section (2) or sub-section (4) to an Additional Sessions Judge and upon such transfer, such Additional
Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such
proceedings.

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(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to

the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.

(7) Imprisonment for failure to give security for keeping the peace shall be simple.

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been

taken under section 127, be simple, and, where the proceedings have been taken under section 128 or
section 129, be rigorous or simple as the Court or Magistrate in each case directs.

**142. Power to release persons imprisoned for failing to give security.—** (1) Whenever the District

Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial
Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this
Chapter may be released without hazard to the community or to any other person, he may order such person
to be discharged.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High

Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case
of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any
other case, may make an order reducing the amount of the security or the number of sureties or the time for
which security has been required.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or

upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such person

was ordered to give security has expired.

(4) The State Government may prescribe, by rules, the conditions upon which a conditional discharge

may be made.

(5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate,

in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate
in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel
the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may

be arrested by any police officer without warrant, and shall thereupon be produced before the District
Magistrate, in the case of an order passed by an Executive Magistrate under section 136, or the Chief
Judicial Magistrate in any other case.

(7) Unless such person gives security in accordance with the terms of the original order for the

unexpired portion of the term for which he was in the first instance committed or ordered to be detained
(such portion being deemed to be a period equal to the period between the date of the breach of the
conditions of discharge and the date on which, except for such conditional discharge, he would have been
entitled to release), District Magistrate, in the case of an order passed by an Executive Magistrate under
section 136, or the Chief Judicial Magistrate in any other case may remand such person to prison to undergo
such unexpired portion.

(8) A person remanded to prison under sub-section (7) shall, subject to the provisionsof section 141, be

released at any time on giving security in accordance with the terms of the original order for the unexpired
portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.

(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing,

cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order
made by it, and District Magistrate, in the case of an order passed by an Executive Magistrate under section
136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was
executed under his order or under the order of any other Court in his district.

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(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a

bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on
such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the
person for whom such surety is bound to appear or to be brought before it.

**143. Security for unexpired period of bond.—(1) When a person for whose appearance a summons**

or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of
section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the
bond or bail bond executed by such person and shall order such person to give, for the unexpired portion
of the term of such bond, fresh security of the same description as the original security.

(2) Every such order shall, for the purposes of sections 139 to 142 (both inclusive) be deemed to be an

order made under section 125 or section 136, as the case may be.

CHAPTER X

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

**144. Order for maintenance of wives, children and parents.—(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

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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.

**145. Procedure.— (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 willfully 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.

**146. Alteration in allowance.—(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.

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(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.

**147. Enforcement of order of maintenance.—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_

**148. Dispersal of assembly by use of civil force.—(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.

**149. Use of armed forces to disperse assembly.—(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.

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(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.

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

**151. Protection against prosecution for acts done under sections 148, 149 and 150.—(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_

**152. Conditional order for removal of nuisance.—(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

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(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.

**153. Service or notification of order.—(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.

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

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(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.

**155. Penalty for failure to comply with section 154.—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.

**156. Procedure where existence of public right is denied.—** (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.

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

**cause.—(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.

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

**159. Power of Magistrate to furnish written instructions, etc.—(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.

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

**161.** **Injunction pending inquiry.—(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.

**162. Magistrate may prohibit repetition or Continuance of public nuisance.—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_

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

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(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_

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

**peace.—(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 aspecified 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).

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(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.

**165. Power to attach subject of dispute and to appoint receiver.—** (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 (5 of
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.

**166. Dispute concerning right of use of land or water.— (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.

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(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.

**167. Local inquiry.—(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

**168. Police to prevent cognizable offences.—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.

**169. Information of design to commit cognizable offences.—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.

**170. Arrest to prevent commission of cognizable offences.—** (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.

**171. Prevention of injury to public property.—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.

**172. Persons bound to conform to lawful directions of police.— (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.

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(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

**173. Information in cognizable cases.—(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

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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.

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

**175. Police officer’s power to investigate cognizable case.—(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.

**176. Procedure for investigation.—(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:

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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 inclause (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.

**177. Report how submitted.—(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.

**178. Power to hold investigation or preliminary inquiry.—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.

**179. Police officer's power to require attendance of witnesses.—(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.

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(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.

**180. Examination of witnesses by police.—(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.

**181. Statements to police and use thereof.—(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.

**182. No inducement to be offered.—(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 section 183.

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**183. Recording of confessions and statements.—(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:

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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.

**184. Medical examination of victim of rape.—(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.

**185. Search by police officer.—(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

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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.

**186. When officer in charge of police station may require another to issue search-warrant.—(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 subsections (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).

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

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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 subsection, shall be taken into account in computing the period specified in sub-section (3):

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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.

**188. Report of investigation by subordinate police officer.—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.

**189. Release of accused when evidence deficient.—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 round
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.

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

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(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.

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

**subject to restraint.—** 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.

**192. Diary of proceedings in investigation.—(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.

**193. Report of police officer on completion of investigation.—(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;

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(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.

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**194. Police to enquire and report on suicide, etc.—(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 twentyfour 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.

**195. Power to summon persons.—(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.

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**196. Inquiry by Magistrate into cause of death.—(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 authorisedby 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

**197. Ordinary place of inquiry and trial.—Every offence shall ordinarily be inquired into and tried**

by a Court within whose local jurisdiction it was committed.

**198. Place of inquiry or trial.—(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.

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

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

**201. Place of trial in case of certain offences.—(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 isthe 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.

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

**203. Offence committed on journey or voyage.—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.

**204. Place of trial for offences triable together.—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.

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

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

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.

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

**208. Offence committed outside India.—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.

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

**210. Cognizance of offences by Magistrate.—(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;

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(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.

**211. Transfer on application of accused.—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.

**212. Making over of cases to Magistrates.—(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.

**213. Cognizance of offences by Court of Session.—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.

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

**215. Prosecution for contempt of lawful authority of public servants, for offences against public**

**justice and for offences relating to documents given in evidence.—(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.

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**216. Procedure for witnesses in case of threatening, etc.—A witness or any other person may file a**

complaint in relation to an offence under section 232 of the Bharatiya Nyaya Sanhita, 2023.

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

**offence.—(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.

**218. Prosecution of Judges and public servants.—(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 (1 of 2014)—

(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:

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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.

**219. Prosecution for offences against marriage.—(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.

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(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.

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

**221. Cognizance of offence.—** 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.

**222. Prosecution for defamation.—(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.

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(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

**223. Examination of complainant.—(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.

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

**225. Postponement of issue of process.—(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

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(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.

**226. Dismissal of complaint.—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

**227. Issue of process.—(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.

**228. Magistrate may dispense with personal attendance of accused.—(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.

**229. Special summons in cases of petty offence.—(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,

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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 (59 of 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.

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

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

**Session.—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:—

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(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.

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

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

**of same offence.—(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.

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CHAPTER XVIII

THE CHARGE

_A.—Form of charges_

**234. Contents of charge.—(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 propertymark, 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.

**235. Particulars as to time, place and person.—(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

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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.

**236. When manner of committing offence must be stated.—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.

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

**238. Effect of errors.—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.

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(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.

**239. Court may alter charge.—(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.

**240. Recall of witnesses when charge altered.—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_

**241. Separate charges for distinct offences.—(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.

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

**243. Trial for more than one offence.—(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 subsection (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,

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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.

**244. Where it is doubtful what offence has been committed.—(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.

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(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.

**245. When offence proved included in offence charged.—(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.

**246. What persons may be charged jointly.—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;

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(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.

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

**248. Trial to be conducted by Public Prosecutor.—In every trial before a Court of Session, the**

prosecution shall be conducted by a Public Prosecutor.

**249. Opening case for prosecution.—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.

**250. Discharge.—(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 the record of the case and the documents submitted therewith, and after

hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is
not sufficient ground for proceeding against the accused, he shall discharge the accused and record his
reasons for so doing.

**251. Framing of charge.—(1) If, after such consideration and hearing as aforesaid, the Judge is of**

opinion that there is ground for presuming that the accused has committed an offence which—

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused

and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate
of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial
Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the
offence in accordance with the procedure for the trial of warrant-cases instituted on a police report;

(b) is exclusively triable by the Court, he shall frame in writing a charge against the accused within

a period of sixty days from the date of first hearing on charge.

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and

explained to the accused present either physically or through audio-video electronic means and the accused
shall be asked whether he pleads guilty of the offence charged or claims to be tried.

**252. Conviction on plea of guilty.—If the accused pleads guilty, the Judge shall record the plea and**

may, in his discretion, convict him thereon.

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**253. Date for prosecution evidence.—If the accused refuses to plead, or does not plead, or claims to**

be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses,
and may, on the application of the prosecution, issue any process for compelling the attendance of any
witness or the production of any document or other thing.

**254. Evidence for prosecution.—** (1) On the date so fixed, the Judge shall proceed to take all such

evidence as may be produced in support of the prosecution:

Provided that evidence of a witness under this sub-section may be recorded by audio-video electronic

means.

(2) The deposition of evidence of any public servant may be taken through audio-video electronic

means.

(3) The Judge may, in his discretion, permit the cross-examination of any witness to be deferred until

any other witness or witnesses have been examined or recall any witness for further cross-examination.

**255. Acquittal.—If, after taking the evidence for the prosecution, examining the accused and hearing**

the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused
committed the offence, the Judge shall record an order of acquittal.

**256. Entering upon defence.—(1) Where the accused is not acquitted under section 255, he shall be**

called upon to enter on his defence and adduce any evidence he may have in support thereof.

(2) If the accused puts in any written statement, the Judge shall file it with the record.

(3) If the accused applies for the issue of any process for compelling the attendance of any witness or

the production of any document or thing, the Judge shall issue such process unless he considers, for reasons
to be recorded, that such application should be refused on the ground that it is made for the purpose of
vexation or delay or for defeating the ends of justice.

**257. Arguments.—When the examination of the witnesses (if any) for the defence is complete, the**

prosecutor shall sum up his case and the accused or his advocate shall be entitled to reply:

Provided that where any point of law is raised by the accused or his advocate, the prosecution may,

with the permission of the Judge, make his submissions with regard to such point of law.

**258. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any),**

the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date
of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded
in writing.

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of

section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law.

**259. Previous conviction.—** In a case where a previous conviction is charged under the provisions of

sub-section (7) of section 234, and the accused does not admit that he has been previously convicted as
alleged in the charge, the Judge may, after he has convicted the said accused under section 252 or section
258, take evidence in respect of the alleged previous conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead

thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it,
unless and until the accused has been convicted under section 252 or section 258.

**260. Procedure in cases instituted under sub-section (2) of section 222.—(1) A Court of Session**

taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with
the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of
Magistrate:

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Provided that the person against whom the offence is alleged to have been committed shall, unless the

Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution.

(2) Every trial under this section shall be held in camera if either party thereto so desires or if the Court

thinks fit so to do.

(3) If, in any such case, the Court discharges or acquits all or any of the accused and is of opinion that

there was no reasonable cause for making the accusation against them or any of them, it may, by its order
of discharge or acquittal, direct the person against whom the offence was alleged to have been committed
(other than the President, the Vice-President or the Governor of a State or the Administrator of a Union
territory) to show cause why he should not pay compensation to such accused or to each or any of such
accused, when there are more than one.

(4) The Court shall record and consider any cause which may be shown by the person so directed, and

if it is satisfied that there was no reasonable cause for making the accusation, it may, for reasons to be
recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may
determine, be paid by such person to the accused or to each or any of them.

(5) Compensation awarded under sub-section (4) shall be recovered as if it were a fine imposed by a

Magistrate.

(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of

such order, be exempted from any civil or criminal liability in respect of the complaint made under this
section:

Provided that any amount paid to an accused person under this section shall be taken into account in

awarding compensation to such person in any subsequent civil suit relating to the same matter.

(7) The person who has been ordered under sub-section (4) to pay compensation may appeal from the

order, in so far as it relates to the payment of compensation, to the High Court.

(8) When an order for payment of compensation to an accused person is made, the compensation shall

not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal
is presented, before the appeal has been decided.

CHAPTER XX

TRIAL OF WARRANT-CASES BY MAGISTRATES

_A.—Cases instituted on a police report_

**261. Compliance with section 230.—When, in any warrant-case instituted on a police report, the**

accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall
satisfy himself that he has complied with the provisions of section 230.

**262. When accused shall be discharged.—(1) The accused may prefer an application for discharge**

within a period of sixty days from the date of supply of copies of documents under section 230.

(2) If, upon considering the police report and the documents sent with it under section 193 and making

such examination, if any, of the accused, either physically or through audio-video electronic means, as the
Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard,
the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused,
and record his reasons for so doing.

**263. Framing of charge.—(1) If, upon such consideration, examination, if any, and hearing, the**

Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable
under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately
punished by him, he shall frame in writing a charge against the accused within a period of sixty days from
the date of first hearing on charge.

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(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads

guilty of the offence charged or claims to be tried.

**264. Conviction on plea of guilty.—** If the accused pleads guilty, the Magistrate shall record the plea

and may, in his discretion, convict him thereon.

**265. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be**

tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for
the examination of witnesses:

Provided that the Magistrate shall supply in advance to the accused, the statement of witnesses recorded

during investigation by the police.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses

directing him to attend or to produce any document or other thing.

(3) On the date so fixed, the Magistrate shall proceed to take all such evidence as may be produced in

support of the prosecution:

Provided that the Magistrate may permit the cross-examination of any witness to be deferred until any

other witness or witnesses have been examined or recall any witness for further cross-examination:

Provided further that the examination of a witness under this sub-section may be done by audio-video

electronic means at the designated place to be notified by the State Government.

**266. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and**

produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the
record.

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process

for compelling the attendance of any witness for the purpose of examination or cross-examination, or the
production of any document or other thing, the Magistrate shall issue such process unless he considers that
such application should be refused on the ground that it is made for the purpose of vexation or delay or for
defeating the ends of justice and such ground shall be recorded by him in writing:

Provided that when the accused has cross-examined or had the opportunity of cross-examining any

witness before entering on his defence, the attendance of such witness shall not be compelled under this
section, unless the Magistrate is satisfied that it is necessary for the ends of justice:

Provided further that the examination of a witness under this sub-section may be done by audio-video

electronic means at the designated place to be notified by the State Government.

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require

that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited
in Court.

_B.—Cases instituted otherwise than on police report_

**267. Evidence for prosecution.—(1) When, in any warrant-case instituted otherwise than on a police**

report, the accused appears or is brought before a Magistrate, the Magistrate shall proceed to hear the
prosecution and take all such evidence as may be produced in support of the prosecution.

(2) The Magistrate may, on the application of the prosecution, issue a summons to any of its witnesses

directing him to attend or to produce any document or other thing.

**268. When accused shall be discharged.—(1) If, upon taking all the evidence referred to in**

section 267, the Magistrate considers, for reasons to be recorded, that no case against the accused has been
made out which, if unrebutted, would warrant his conviction, the Magistrate shall discharge him.

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(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any

previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be
groundless.

**269. Procedure where accused is not discharged.—(1) If, when such evidence has been taken, or at**

any previous stage of the case, the Magistrate is of opinion that there is ground for presuming that the
accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and
which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the
accused.

(2) The charge shall then be read and explained to the accused, and he shall be asked whether he pleads

guilty or has any defence to make.

(3) If the accused pleads guilty, the Magistrate shall record the plea, and may, in his discretion, convict

him thereon.

(4) If the accused refuses to plead, or does not plead or claims to be tried or if the accused is not

convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of
the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes
to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken.

(5) If he says he does so wish, the witnesses named by him shall be recalled and, after cross-examination

and re-examination (if any), they shall be discharged.

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross
examination and re-examination (if any), they shall also be discharged.

(7) Where, despite giving opportunity to the prosecution and after taking all reasonable measures under

this Sanhita, if the attendance of the prosecution witnesses under sub-sections (5) and (6) cannot be secured
for cross-examination, it shall be deemed that such witness has not been examined for not being available,
and the Magistrate may close the prosecution evidence for reasons to be recorded in writing and proceed
with the case on the basis of the materials on record.

**270. Evidence for defence.—The accused shall then be called upon to enter upon his defence and**

produce his evidence; and the provisions of section 266 shall apply to the case.

_C.—Conclusion of trial_

**271. Acquittal or conviction.—(1) If, in any case under this Chapter in which a charge has been**

framed, the Magistrate finds the accused not guilty, he shall record an order of acquittal.

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed

in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the
question of sentence, pass sentence upon him according to law.

(3) Where, in any case under this Chapter, a previous conviction is charged under the provisions of sub
section (7) of section 234 and the accused does not admit that he has been previously convicted as alleged
in the charge, the Magistrate may, after he has convicted the said accused, take evidence in respect of the
alleged previous conviction, and shall record a finding thereon:

Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead

thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it,
unless and until the accused has been convicted under sub-section (2).

**272. Absence of complainant.—When the proceedings have been instituted upon complaint, and on**

any day fixed for the hearing of the case, the complainant is absent, and the offence may be lawfully
compounded or is not a cognizable offence, the Magistrate may after giving thirty days’ time to the

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complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time
before the charge has been framed, discharge the accused.

**273. Compensation for accusation without reasonable cause.—(1) If, in any case instituted upon**

complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are
accused before a Magistrate of any offence triable by a Magistrate, and the Magistrate by whom the case is
heard discharges or acquits all or any of the accused, and is of opinion that there was no reasonable ground
for making the accusation against them or any of them, the Magistrate may, by his order of discharge or
acquittal, if the person upon whose complaint or information the accusation was made is present, call upon
him forthwith to show cause why he should not pay compensation to such accused or to each or any of such
accused when there are more than one; or, if such person is not present, direct the issue of a summons to
him to appear and show cause as aforesaid.

(2) The Magistrate shall record and consider any cause which such complainant or informant may show,

and if he is satisfied that there was no reasonable ground for making the accusation, may, for reasons to be
recorded, make an order that compensation to such amount, not exceeding the amount of fine he is
empowered to impose, as he may determine, be paid by such complainant or informant to the accused or to
each or any of them.

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2),

further order that, in default of payment, the person ordered to pay such compensation shall undergo simple
imprisonment for a period not exceeding thirty days.

(4) When any person is imprisoned under sub-section (3), the provisions of sub-section (6) of

section 8 of the Bharatiya Nyaya Sanhita, 2023 shall, so far as may be, apply.

(5) No person who has been directed to pay compensation under this section shall, by reason of such

order, be exempted from any civil or criminal liability in respect of the complaint made or information
given by him:

Provided that any amount paid to an accused person under this section shall be taken into account in

awarding compensation to such person in any subsequent civil suit relating to the same matter.

(6) A complainant or informant who has been ordered under sub-section (2) by a Magistrate of the

second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such
complainant or informant had been convicted on a trial held by such Magistrate.

(7) When an order for payment of compensation to an accused person is made in a case which is subject

to appeal under sub-section (6), the compensation shall not be paid to him before the period allowed for the
presentation of the appeal has elapsed, or, if an appeal is presented, before the appeal has been decided; and
where such order is made in a case which is not so subject to appeal the compensation shall not be paid
before the expiration of one month from the date of the order.

(8) The provisions of this section apply to summons-cases as well as to warrant-cases.

CHAPTER XXI

TRIAL OF SUMMONS-CASES BY MAGISTRATES

**274. Substance of accusation to be stated.—When in a summons-case the accused appears or is**

brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him,
and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to
frame a formal charge:

Provided that if the Magistrate considers the accusation as groundless, he shall, after recording reasons

in writing, release the accused and such release shall have the effect of discharge.

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**275. Conviction on plea of guilty.—If the accused pleads guilty, the Magistrate shall record the plea**

as nearly as possible in the words used by the accused and may, in his discretion, convict him thereon.

**276. Conviction on plea of guilty in absence of accused in petty cases.—(1) Where a summons has**

been issued under section 229 and the accused desires to plead guilty to the charge without appearing before
the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and
also the amount of fine specified in the summons.

(2) The Magistrate may, in his discretion, convict the accused in his absence, on his plea of guilty and

sentence him to pay the fine specified in the summons, and the amount transmitted by the accused shall be
adjusted towards that fine, or where an advocate authorised by the accused in this behalf pleads guilty on
behalf of the accused, the Magistrate shall record the plea as nearly as possible in the words used by the
advocate and may, in his discretion, convict the accused on such plea and sentence him as aforesaid.

**277. Procedure when not convicted.—(1) If the Magistrate does not convict the accused under section**

275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may
be produced in support of the prosecution, and also to hear the accused and take all such evidence as he
produces in his defence.

(2) The Magistrate may, if he thinks fit, on the application of the prosecution or the accused, issue a

summons to any witness directing him to attend or to produce any document or other thing.

(3) The Magistrate may, before summoning any witness on such application, require that the reasonable

expenses of the witness incurred in attending for the purposes of the trial be deposited in Court.

**278. Acquittal or conviction.—(1) If the Magistrate, upon taking the evidence referred to in**

section 277 and such further evidence, if any, as he may, of his own motion, cause to be produced, finds
the accused not guilty, he shall record an order of acquittal.

(2) Where the Magistrate does not proceed in accordance with the provisions of section 364 or

section 401, he shall, if he finds the accused guilty, pass sentence upon him according to law.

(3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable

under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may
be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be
prejudiced thereby.

**279. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint,**

and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the
hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’
time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused,
unless for some reason he thinks it proper to adjourn the hearing of the case to some other day:

Provided that where the complainant is represented by an advocate or by the officer conducting the

prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not
necessary, the Magistrate may, dispense with his attendance and proceed with the case.

(2) The provisions of sub-section (1) shall, so far as may be, apply also to cases where the

non-appearance of the complainant is due to his death.

**280. Withdrawal of complaint.—If a complainant, at any time before a final order is passed in any**

case under this Chapter, satisfies the Magistrate that there are sufficient grounds for permitting him to
withdraw his complaint against the accused, or if there be more than one accused, against all or any of them,
the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom
the complaint is so withdrawn.

**281. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise than**

upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate,

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any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage
without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of
the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release
the accused, and such release shall have the effect of discharge.

**282. Power of Court to convert summonscases into warrant-cases.—When in the course of the trial**

of a summons-case relating to an offence punishable with imprisonment for a term exceeding six months,
it appears to the Magistrate that in the interests of justice, the offence should be tried in accordance with
the procedure for the trial of warrant-cases, such Magistrate may proceed to re-hear the case in the manner
provided by this Sanhita for the trial of warrant-cases and may recall any witness who may have been
examined.

CHAPTER XXII

SUMMARY TRIALS

**283. Power to try summarily.—(1) Notwithstanding anything contained in this Sanhita—**

(a) any Chief Judicial Magistrate;

(b) Magistrate of the first class,

shall try in a summary way all or any of the following offences:—

(i) theft, under sub-section (2) of section 303, section 305 or section 306 of the Bharatiya Nyaya

Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;

(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya

Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees;

(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317

of the Bharatiya Nyaya Sanhita, 2023, where the value of such property does not exceed twenty
thousand rupees;

(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023;

(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation,

under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023;

(vi) abetment of any of the foregoing offences;

(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence;

(viii) any offence constituted by an act in respect of which a complaint may be made under

section 20 of the Cattle-trespass Act, 1871 (1 of 1871).

(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons

to be recorded in writing, try in a summary way all or any of the offences not punishable with death or
imprisonment for life or imprisonment for a term exceeding three years:

Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way

under this sub-section.

(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is

such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been
examined and proceed to re-hear the case in the manner provided by this Sanhita.

**284. Summary trial by Magistrate of second class.—The High Court may confer on any Magistrate**

invested with the powers of a Magistrate of the second class power to try summarily any offence which is
punishable only with fine or with imprisonment for a term not exceeding six months with or without fine,
and any abetment of or attempt to commit any such offence.

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**285. Procedure for summary trials.—(1) In trials under this Chapter, the procedure specified in this**

Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned.

(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any

conviction under this Chapter.

**286. Record in summary trials.—In every case tried summarily, the Magistrate shall enter, in such**

form as the State Government may direct, the following particulars, namely:—

(a) the serial number of the case;

(b) the date of the commission of the offence;

(c) the date of the report or complaint;

(d) the name of the complainant (if any);

(e) the name, parentage and residence of the accused;

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i),

clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which
the offence has been committed;

(g) the plea of the accused and his examination (if any);

(h) the finding;

(i) the sentence or other final order;

(j) the date on which proceedings terminated.

**287. Judgment in cases tried summarily.—In every case tried summarily in which the accused does**

not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief
statement of the reasons for the finding.

**288. Language of record and judgment.—(1) Every such record and judgment shall be written in the**

language of the Court.

(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the

aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial
Magistrate, and the record or judgment so prepared shall be signed by such Magistrate.

CHAPTER XXIII

PLEA BARGAINING

**289. Application of Chapter.—(1) This Chapter shall apply in respect of an accused against whom—**

(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging

therein that an offence appears to have been committed by him other than an offence for which the
punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has
been provided under the law for the time being in force; or

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the

punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has
been provided under the law for the time being in force, and after examining complainant and witnesses
under section 223, issued the process under section 227,

but does not apply where such offence affects the socio-economic condition of the country or has been
committed against a woman, or a child.

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(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the

offences under the law for the time being in force which shall be the offences affecting the socio-economic
condition of the country.

**290. Application for plea bargaining.—(1) A person accused of an offence may file an application**

for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which
such offence is pending for trial.

(2) The application under sub-section (1) shall contain a brief description of the case relating to which

the application is filed including the offence to which the case relates and shall be accompanied by an
affidavit sworn by the accused stating therein that he has voluntarily preferred, after understanding the
nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and
that he has not previously been convicted by a Court in which he had been charged with the same offence.

(3) After receiving the application under sub-section (1), the Court shall issue notice to the Public

Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case.

(4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed

under sub-section (3), the Court shall examine the accused in camera, where the other party in the case
shall not be present, to satisfy itself that the accused has filed the application voluntarily and where—

(a) the Court is satisfied that the application has been filed by the accused voluntarily, it shall

provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the
accused to work out a mutually satisfactory disposition of the case which may include giving to the
victim by the accused the compensation and other expenses during the case and thereafter fix the date
for further hearing of the case;

(b) the Court finds that the application has been filed involuntarily by the accused or he has

previously been convicted by a Court in a case in which he had been charged with the same offence, it
shall proceed further in accordance with the provisions of this Sanhita from the stage such application
has been filed under sub-section (1).

**291. Guidelines for mutually satisfactory disposition.—In working out a mutually satisfactory**

disposition under clause (a) of sub-section (4) of section 290, the Court shall follow the following
procedure, namely:—

(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the

police officer who has investigated the case, the accused and the victim of the case to participate in the
meeting to work out a satisfactory disposition of the case:

Provided that throughout such process of working out a satisfactory disposition of the case, it shall

be the duty of the Court to ensure that the entire process is completed voluntarily by the parties
participating in the meeting:

Provided further that the accused, if he so desires, may participate in such meeting with his

advocate, if any, engaged in the case;

(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused

and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case:

Provided that it shall be the duty of the Court to ensure, throughout such process of working out a

satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the
meeting:

Provided further that if the victim of the case or the accused so desires, he may participate in such

meeting with his advocate engaged in the case.

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**292. Report of mutually satisfactory disposition to be submitted before Court.—Where in a**

meeting under section 291, a satisfactory disposition of the case has been worked out, the Court shall
prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other
persons who participated in the meeting and if no such disposition has been worked out, the Court shall
record such observation and proceed further in accordance with the provisions of this Sanhita from the stage
the application under sub-section (1) of section 290 has been filed in such case.

**293. Disposal of case.—Where a satisfactory disposition of the case has been worked out under**

section 292, the Court shall dispose of the case in the following manner, namely:—

(a) the Court shall award the compensation to the victim in accordance with the disposition under

section 292 and hear the parties on the quantum of the punishment, releasing of the accused on
probation of good conduct or after admonition under section 401 or for dealing with the accused under
the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being
in force and follow the procedure specified in the succeeding clauses for imposing the punishment on
the accused;

(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the

provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in
force are attracted in the case of the accused, it may release the accused on probation or provide the
benefit of any such law;

(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been

provided under the law for the offence committed by the accused, it may sentence the accused to half
of such minimum punishment, and where the accused is a first-time offender and has not been convicted
of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment;

(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by

the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth
of the punishment provided or extendable for such offence and where the accused is a first-time
offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth
of the punishment provided or extendable, for such offence.

**294. Judgment of Court.—The Court shall deliver its judgment in terms of section 293 in the open**

Court and the same shall be signed by the presiding officer of the Court.

**295. Finality of judgment.—The judgment delivered by the Court under this section shall be final and**

no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227
of the Constitution) shall lie in any Court against such judgment.

**296. Power of Court in plea bargaining.—A Court shall have, for the purposes of discharging its**

functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters
relating to the disposal of a case in such Court under this Sanhita.

**297. Period of detention undergone by accused to be set off against sentence of imprisonment.—**

The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused
against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in
respect of the imprisonment under other provisions of this Sanhita.

**298. Savings.—The provisions of this Chapter shall have effect notwithstanding anything inconsistent**

therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be
construed to constrain the meaning of any provision of this Chapter.

_Explanation.—For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning_

assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under
section 19.

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**299. Statements of accused not to be used.—Notwithstanding anything contained in any law for the**

time being in force, the statements or facts stated by an accused in an application for plea bargaining filed
under section 290 shall not be used for any other purpose except for the purpose of this Chapter.

**300. Non-application of Chapter.—Nothing in this Chapter shall apply to any juvenile or child as**

defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).

CHAPTER XXIV

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

**301. Definitions.—In this Chapter,—**

(a) “detained” includes detained under any law providing for preventive detention;

(b) “prison” includes,—

(i) any place which has been declared by the State Government, by general or special order, to

be a subsidiary jail;

(ii) any reformatory, Borstal institution or other institution of a like nature.

**302. Power to require attendance of prisoners.—(1) Whenever, in the course of an inquiry, trial or**

proceeding under this Sanhita, it appears to a Criminal Court,—

(a) that a person confined or detained in a prison should be brought before the Court for answering

to a charge of an offence, or for the purpose of any proceedings against him; or

(b) that it is necessary for the ends of justice to examine such person as a witness,

the Court may make an order requiring the officer in charge of the prison to produce such person before the
Court answering to the charge or for the purpose of such proceeding or for giving evidence.

(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be

forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief
Judicial Magistrate, to whom such Magistrate is subordinate.

(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement

of the facts which, in the opinion of the Magistrate, render the order necessary, and the Chief Judicial
Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order.

**303. Power of State Government or Central Government to exclude certain persons from**

**operation of section 302.—(1) The State Government or the Central Government, as the case may be, may,**
at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that
any person or class of persons shall not be removed from the prison in which he or they may be confined
or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether
before or after the order of the State Government or the Central Government, shall have effect in respect of
such person or class of persons.

(2) Before making an order under sub-section (1), the State Government or the Central Government in

the cases instituted by its central agency, as the case may be, shall have regard to the following matters,
namely:—

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has

been ordered to be confined or detained in prison;

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(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to

be removed from the prison;

(c) the public interest, generally.

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

**contingencies.—Where the person in respect of whom an order is made under section 302—**

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or
(b) is under committal for trial or under remand pending trial or pending a preliminary

investigation; or

(c) is in custody for a period which would expire before the expiration of the time required for

complying with the order and for taking him back to the prison in which he is confined or detained; or

(d) is a person to whom an order made by the State Government or the Central Government under

section 303 applies,

the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the
Court a statement of reasons for so abstaining:

Provided that where the attendance of such person is required for giving evidence at a place not more

than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain
for the reason mentioned in clause (b).

**305. Prisoner to be brought to Court in custody.—Subject to the provisions of section 304, the**

officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302
and duly countersigned, where necessary, under sub-section (2) thereof, cause the person named in the
order to be taken to the Court in which his attendance is required, so as to be present there at the time
mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been
examined or until the Court authorises him to be taken back to the prison in which he was confined or
detained.

**306. Power to issue commission for examination of witness in prison.—The provisions of this**

Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for
the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B
of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison
as they apply in relation to the examination on commission of any other person.

CHAPTER XXV

EVIDENCE IN INQUIRIES AND TRIALS

_A.—Mode of taking and recording evidence_

**307. Language of Courts.—** The State Government may determine what shall be, for purposes of this

Sanhita, the language of each Court within the State other than the High Court.

**308. Evidence to be taken in presence of accused.—Except as otherwise expressly provided, all**

evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused,
or, when his personal attendance is dispensed with, in the presence of his advocate including through
audio-video electronic means at the designated place to be notified by the State Government:

Provided that where the evidence of a woman below the age of eighteen years who is alleged to have

been subjected to rape or any other sexual offence, is to be recorded, the Court may take appropriate

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measures to ensure that such woman is not confronted by the accused while at the same time ensuring the
right of cross-examination of the accused.

_Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under_

Chapter IX has been commenced under this Sanhita.

**309. Record in summonscases and inquiries.—** (1) In all summons-cases tried before a Magistrate,

in all inquiries under sections 164 to 167 (both inclusive), and in all proceedings under section 491
otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds,
make a memorandum of the substance of the evidence in the language of the Court:

Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording

the reason of his inability, cause such memorandum to be made in writing or from his dictation in open
Court.

(2) Such memorandum shall be signed by the Magistrate and shall form part of the record.

**310. Record in warrant-cases.—** (1) In all warrant-cases tried before a Magistrate, the evidence of

each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself

or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity,

under his direction and superintendence, by an officer of the Court appointed by him in this behalf:

Provided that evidence of a witness under this sub-section may also be recorded by audio-video

electronic means in the presence of the advocate of the person accused of the offence.

(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the

evidence could not be taken down by himself for the reasons referred to in sub-section (1).

(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in

his discretion take down, or cause to be taken down, any part of such evidence in the form of question and
answer.

(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record.

**311. Record in trial before Court of Session.—(1) In all trials before a Court of Session, the evidence**

of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge
himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the
Court appointed by him in this behalf.

(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge

may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of
question and answer.

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record.

**312. Language of record of evidence.—In every case where evidence is taken down under**

section 310 or section 311,—

(a) if the witness gives evidence in the language of the Court, it shall be taken down in that

language;

(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language,

and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall
be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge,
and shall form part of the record;

(c) where under clause (b) evidence is taken down in a language other than the language of the

Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable,
signed by the Magistrate or presiding Judge, and shall form part of the record:

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Provided that when under clause (b) evidence is taken down in English and a translation thereof in

the language of the Court is not required by any of the parties, the Court may dispense with such
translation.

**313. Procedure in regard to such evidence when completed.—(1) As the evidence of each witness**

taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the
accused, if in attendance, or of his advocate, if he appears by an advocate, and shall, if necessary, be
corrected.

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him,

the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of
the objection made to it by the witness and shall add such remarks as he thinks necessary.

(3) If the record of the evidence is in a language different from that in which it has been given and the

witness does not understand that language, the record shall be interpreted to him in the language in which
it was given, or in a language which he understands.

**314. Interpretation of evidence to accused or his advocate.—(1) Whenever any evidence is given in**

a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him
in open Court in a language understood by him.

(2) If he appears by an advocate and the evidence is given in a language other than the language of the

Court, and not understood by the advocate, it shall be interpreted to such advocate in that language.

(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court

to interpret as much thereof as appears necessary.

**315. Remarks respecting demeanour of witness.—When a presiding Judge or Magistrate has**

recorded the evidence of a witness, he shall also record such remarks (if any) as he thinks material
respecting the demeanour of such witness whilst under examination.

**316. Record of examination of accused.—(1) Whenever the accused is examined by any Magistrate,**

or by a Court of Session, the whole of such examination, including every question put to him and every
answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is
unable to do so owing to a physical or other incapacity, under his direction and superintendence by an
officer of the Court appointed by him in this behalf.

(2) The record shall, if practicable, be in the language in which the accused is examined or, if that is

not practicable, in the language of the Court.

(3) The record shall be shown or read to the accused, or, if he does not understand the language in

which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty
to explain or add to his answers.

(4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall

certify under his own hand that the examination was taken in his presence and hearing and that the record
contains a full and true account of the statement made by the accused:

Provided that where the accused is in custody and is examined through electronic communication, his

signature shall be taken within seventy-two hours of such examination.

(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the

course of a summary trial.

**317. Interpreter to be bound to interpret truthfully.—When the services of an interpreter are**

required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to
state the true interpretation of such evidence or statement.

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**318. Record in High Court.—Every High Court may, by general rule, prescribe the manner in which**

the evidence of witnesses and the examination of the accused shall be taken down in cases coming before
it, and such evidence and examination shall be taken down in accordance with such rule.

_B.—Commissions for the examination of witnesses_

**319. When attendance of witness may be dispensed with and commission issued.—(1) Whenever,**

in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate
that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness
cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances
of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may
issue a commission for the examination of the witness in accordance with the provisions of this Chapter:

Provided that where the examination of the President or the Vice-President of India or the Governor of

a State or the Administrator of a Union territory as a witness is necessary for the ends of justice, a
commission shall be issued for the examination of such a witness.

(2) The Court may, when issuing a commission for the examination of a witness for the prosecution,

direct that such amount as the Court considers reasonable to meet the expenses of the accused, including
the advocate's fees, be paid by the prosecution.

**320. Commission to whom to be issued.—(1) If the witness is within the territories to which this**

Sanhita extends, the commission shall be directed to the Chief Judicial Magistrate within whose local
jurisdiction the witness is to be found.

(2) If the witness is in India, but in a State or an area to which this Sanhita does not extend, the

commission shall be directed to such Court or officer as the Central Government may, by notification,
specify in this behalf.

(3) If the witness is in a country or place outside India and arrangements have been made by the Central

Government with the Government of such country or place for taking the evidence of witnesses in relation
to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent
to such authority for transmission as the Central Government may, by notification, prescribe in this behalf.

**321. Execution of commissions.—Upon receipt of the commission, the Chief Judicial Magistrate or**

such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the
place where the witness is, and shall take down his evidence in the same manner, and may for this purpose
exercise the same powers, as in trials of warrant-cases under this Sanhita.

**322. Parties may examine witnesses.—(1) The parties to any proceeding under this Sanhita in which**

a commission is issued may respectively forward any interrogatories in writing which the Court or
Magistrate directing the commission may think relevant to the issue, and it shall be lawful for the
Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is
delegated, to examine the witness upon such interrogatories.

(2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in

custody, in person, and may examine, cross-examine and re-examine the said witness.

**323. Return of commission.—(1) After any commission issued under section 319 has been duly**

executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court
or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be
open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in
evidence in the case by either party, and shall form part of the record.

(2) Any deposition so taken, if it satisfies the conditions specified by section 27 of the Bharatiya

Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before
another Court.

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**324. Adjournment of proceeding.—In every case in which a commission is issued under section 319,**

the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the
execution and return of the commission.

**325. Execution of foreign commissions.—(1) The provisions of section 321 and so much of section**

322 and section 323 as relate to the execution of a commission and its return shall apply in respect of
commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to
commissions issued under section 319.

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are—

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this

Sanhita does not extend, as the Central Government may, by notification, specify in this behalf;

(b) any Court, Judge or Magistrate exercising jurisdiction in any such country or place outside

India, as the Central Government may, by notification, specify in this behalf, and having authority,
under the law in force in that country or place, to issue commissions for the examination of witnesses
in relation to criminal matters.

**326. Deposition of medical witness.—(1) The deposition of a civil surgeon or other medical witness,**

taken and attested by a Magistrate in the presence of the accused, or taken on commission under this
Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the
deponent is not called as a witness.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused,

summon and examine any such deponent as to the subject-matter of his deposition.

**327. Identification report of Magistrate.—(1) Any document purporting to be a report of**

identification under the hand of an Executive Magistrate in respect of a person or property may be used as
evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called
as a witness:

Provided that where such report contains a statement of any suspect or witness to which the provisions

of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023,
apply, such statement shall not be used under this sub-section except in accordance with the provisions of
those sections.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused,

summon and examine such Magistrate as to the subject-matter of the said report.

**328. Evidence of officers of Mint.—(1) Any document purporting to be a report under the hand of a**

gazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the
officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic
Science Laboratory or any Government Examiner of Questioned Documents or any State Examiner of
Questioned Documents as the Central Government may, by notification, specify in this behalf, upon any
matter or thing duly submitted to him for examination and report in the course of any proceeding under this
Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such
officer is not called as a witness.

(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his

report:

Provided that no such officer shall be summoned to produce any records on which the report is based.

(3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam,

2023, no such officer shall, except with the permission of the General Manager or any officer in charge of
any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or

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any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned
Documents Organisation or of the State Examiner of Questioned Documents Organisation be permitted—

(a) to give any evidence derived from any unpublished official records on which the report is based;

or

(b) to disclose the nature or particulars of any test applied by him in the course of the examination

of the matter or thing.

**329. Reports of certain Government scientific experts.— (1) Any document purporting to be a report**

under the hand of a Government scientific expert to whom this section applies, upon any matter or thing
duly submitted to him for examination or analysis and report in the course of any proceeding under this
Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita.

(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his

report.

(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may,

unless the Court has expressly directed him to appear personally, depute any responsible officer working
with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily
depose in Court on his behalf.

(4) This section applies to the following Government scientific experts, namely:—

(a) any Chemical Examiner or Assistant Chemical Examiner to Government;

(b) the Chief Controller of Explosives;

(c) the Director of the Finger Print Bureau;

(d) the Director, Haffkeine Institute, Bombay;

(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory

or a State Forensic Science Laboratory;

(f) the Serologist to the Government;

(g) any other scientific expert specified or certified, by notification, by the State Government or

the Central Government for this purpose.

**330. No formal proof of certain documents.—(1) Where any document is filed before any Court by**

the prosecution or the accused, the particulars of every such document shall be included in a list and the
prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon
to admit or deny the genuineness of each such document soon after supply of such documents and in no
case later than thirty days after such supply:

Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing:

Provided further that no expert shall be called to appear before the Court unless the report of such expert

is disputed by any of the parties to the trial.

(2) The list of documents shall be in such form as the State Government may, by rules, provide.

(3) Where the genuineness of any document is not disputed, such document may be read in evidence in

any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by
whom it purports to be signed:

Provided that the Court may, in its discretion, require such signature to be proved.

**331. Affidavit in proof of conduct of public servants.—When any application is made to any Court**

in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein

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respecting any public servant, the applicant may give evidence of the facts alleged in the application by
affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given.

**332. Evidence of formal character on affidavit.—(1) The evidence of any person whose evidence is**

of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence
in any inquiry, trial or other proceeding under this Sanhita.

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or the accused,

summon and examine any such person as to the facts contained in his affidavit.

**333. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court**

under this Sanhita may be sworn or affirmed before—

(a) any Judge or Judicial or Executive Magistrate; or

(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or

(c) any notary appointed under the Notaries Act, 1952 (53 of 1952).

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove

from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter
case, the deponent shall clearly state the grounds of such belief.

(3) The Court may order any scandalous and irrelevant matter in the affidavit to be struck out or

amended.

**334. Previous conviction or acquittal how proved.—In any inquiry, trial or other proceeding under**

this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by
any law for the time being in force,—

(a) by an extract certified under the hand of the officer having the custody of the records of the

Court in which such conviction or acquittal was held, to be a copy of the sentence or order; or

(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which

the punishment or any part thereof was undergone, or by production of the warrant of commitment
under which the punishment was suffered, together with, in each of such cases, evidence as to the
identity of the accused person with the person so convicted or acquitted.

**335. Record of evidence in absence of accused.—(1) If it is proved that an accused person has**

absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit
for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any)
produced on behalf of the prosecution, and record their depositions and any such deposition may, on the
arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with
which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his
presence cannot be procured without an amount of delay, expense or inconvenience which, under the
circumstances of the case, would be unreasonable.

(2) If it appears that an offence punishable with death or imprisonment for life has been committed by

some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of
the first class shall hold an inquiry and examine any witnesses who can give evidence concerning the
offence and any depositions so taken may be given in evidence against any person who is subsequently
accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India.

**336. Evidence of public servants, experts, police officers in certain cases.—Where any document**

or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence
in any inquiry, trial or other proceeding under this Sanhita, and—

(i) such public servant, expert or officer is either transferred, retired, or died; or

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(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or

(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding

the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public
servant, expert, or officer who is holding that post at the time of such deposition to give deposition on
such document or report:

Provided that no public servant, scientific expert or medical officer shall be called to appear before the

Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the
parties of the trial or other proceedings:

Provided further that the deposition of such successor public servant, expert or officer may be allowed

through audio-video electronic means.

CHAPTER XXVI

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

**337. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has**

once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such
offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same
offence, nor on the same facts for any other offence for which a different charge from the one made against
him might have been made under sub-section (1) of section 244, or for which he might have been convicted
under sub-section (2) thereof.

(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the

State Government, for any distinct offence for which a separate charge might have been made against him
at the former trial under sub-section (1) of section 243.

(3) A person convicted of any offence constituted by any act causing consequences which, together

with such act, constituted a different offence from that of which he was convicted, may be afterwards tried
for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to
have happened, at the time when he was convicted.

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such

acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the
same acts which he may have committed if the Court by which he was first tried was not competent to try
the offence with which he is subsequently charged.

(5) A person discharged under section 281 shall not be tried again for the same offence except with the

consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court
is subordinate.

(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897

(10 of 1897) or of section 208 of this Sanhita.

_Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the_

purposes of this section.

_Illustrations._

(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal

remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with
criminal breach of trust.

(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be

tried again for culpable homicide.

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(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not

afterwards be tried on the same facts for the murder of B.

(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing

hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless
the case comes within sub-section (3) of this section.

(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property

from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts.

(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D.

A, B and C may afterwards be charged with, and tried for, dacoity on the same facts.

**338. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor**

in charge of a case may appear and plead without any written authority before any Court in which that case
is under inquiry, trial or appeal.

(2) If in any such case any private person instructs his advocate to prosecute any person in any Court,

the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution,
and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant
Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence
is closed in the case.

**339. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may**

permit the prosecution to be conducted by any person other than a police officer below the rank of inspector;
but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or
Assistant Public Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the

investigation into the offence with respect to which the accused is being prosecuted.

(2) Any person conducting the prosecution may do so personally or by an advocate.

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

accused of an offence before a Criminal Court, or against whom proceedings are instituted under this
Sanhita, may of right be defended by an advocate of his choice.

**341. Legal aid to accused at State expense in certain cases.—(1) Where, in a trial or appeal before a**

Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has
not sufficient means to engage an advocate, the Court shall assign an advocate for his defence at the expense
of the State.

(2) The High Court may, with the previous approval of the State Government, make rules providing

for—

(a) the mode of selecting advocates for defence under sub-section (1);

(b) the facilities to be allowed to such advocates by the Courts;

(c) the fees payable to such advocates by the Government, and generally, for carrying out the

purposes of sub-section (1).

(3) The State Government may, by notification, direct that, as from such date as may be specified in

the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before
other Courts in the State as they apply in relation to trials before Courts of Session.

**342. Procedure when corporation or registered society is an accused.—(1) In this**

section, “corporation” means an incorporated company or other body corporate, and includes a society
registered under the Societies Registration Act, 1860 (21 of 1860).

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(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it

may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under
the seal of the corporation.

(3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall

be done in the presence of the accused or shall be read or stated or explained to the accused, shall be
construed as a requirement that that thing shall be done in the presence of the representative or read or
stated or explained to the representative, and any requirement that the accused shall be examined shall be
construed as a requirement that the representative shall be examined.

(4) Where a representative of a corporation does not appear, any such requirement as is referred to in

sub-section (3) shall not apply.

(5) Where a statement in writing purporting to be signed by the managing director of the corporation

or by any person duly authorised by him (by whatever name called) having, or being one of the persons
having the management of the affairs of the corporation to the effect that the person named in the statement
has been appointed as the representative of the corporation for the purposes of this section, is filed, the
Court shall, unless the contrary is proved, presume that such person has been so appointed.

(6) If a question arises as to whether any person, appearing as the representative of a corporation in an

inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court.

**343. Tender of pardon to accomplice.—(1) With a view to obtaining the evidence of any person**

supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies,
the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence,
and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial,
may tender a pardon to such person on condition of his making a full and true disclosure of the whole of
the circumstances within his knowledge relative to the offence and to every other person concerned,
whether as principal or abettor, in the commission thereof.

(2) This section applies to—

(a) any offence triable exclusively by the Court of Session or by the Court of a Special Judge

appointed under any other law for the time being in force;

(b) any offence punishable with imprisonment which may extend to seven years or with a more

severe sentence.

(3) Every Magistrate who tenders a pardon under sub-section (1) shall record—

(a) his reasons for so doing;

(b) whether the tender was or was not accepted by the person to whom it was made, and shall, on

application made by the accused, furnish him with a copy of such record free of cost.

(4) Every person accepting a tender of pardon made under sub-section (1)—

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence

and in the subsequent trial, if any;

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial.

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined

under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further
inquiry in the case—

(a) commit it for trial—

(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate

taking cognizance is the Chief Judicial Magistrate;

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(ii) to a Court of Special Judge appointed under any other law for the time being in force, if the

offence is triable exclusively by that Court;

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case

himself.

**344. Power to direct tender of pardon.—At any time after commitment of a case but before judgment**

is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence
of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence,
tender a pardon on the same condition to such person.

**345. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person**

who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies
that in his opinion such person has, either by wilfully concealing anything essential or by giving false
evidence, not complied with the condition on which the tender was made, such person may be tried for the
offence in respect of which the pardon was so tendered or for any other offence of which he appears to have
been guilty in connection with the same matter, and also for the offence of giving false evidence:

Provided that such person shall not be tried jointly with any of the other accused:

Provided further that such person shall not be tried for the offence of giving false evidence except with

the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that
offence.

(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate

under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him
at such trial.

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon

which such tender was made; in which case it shall be for the prosecution to prove that the condition has
not been complied with.

(4) At such trial, the Court shall—

(a) if it is a Court of Session, before the charge is read out and explained to the accused;

(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is

taken,

ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon
was made.

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall,

before passing judgment in the case, find whether or not the accused has complied with the conditions of
the pardon, and, if it finds that he has so complied, it shall, notwithstanding anything contained in this
Sanhita, pass judgment of acquittal.

**346. Power to postpone or adjourn proceedings.—(1) In every inquiry or trial the proceedings shall**

be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the
Court finds the adjournment of the same beyond the following day to be necessary for reasons to be
recorded:

Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66,

section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) the
inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet.

(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or

advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for

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reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it
considers reasonable, and may by a warrant remand the accused if in custody:

Provided that no Court shall remand an accused person to custody under this section for a term

exceeding fifteen days at a time:

Provided further that when witnesses are in attendance, no adjournment or postponement shall be

granted, without examining them, except for special reasons to be recorded in writing:

Provided also that no adjournment shall be granted for the purpose only of enabling the accused person

to show cause against the sentence proposed to be imposed on him:

Provided also that—

(a) no adjournment shall be granted at the request of a party, except where the circumstances are

beyond the control of that party;

(b) where the circumstances are beyond the control of a party, not more than two adjournments

may be granted by the Court after hearing the objections of the other party and for the reasons to be
recorded in writing;

(c) the fact that the advocate of a party is engaged in another Court, shall not be a ground for

adjournment;

(d) where a witness is present in Court but a party or his advocate is not present or the party or his

advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may,
if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the
examination-in-chief or cross-examination of the witness, as the case may be.

_Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have_

committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a
reasonable cause for a remand.

_Explanation_ 2.—The terms on which an adjournment or postponement may be granted include, in

appropriate cases, the payment of costs by the prosecution or the accused.

**347. Local inspection.—(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other**

proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have
been committed, or any other place which it is in his opinion necessary to view for the purpose of properly
appreciating the evidence given at such inquiry or trial, and shall without unnecessary delay record a
memorandum of any relevant facts observed at such inspection.

(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or

accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free
of cost.

**348. Power to summon material witness, or examine person present.—Any Court may, at any stage**

of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine
any person in attendance, though not summoned as a witness, or re-call and re-examine any person already
examined; and the Court shall summon and examine or re-call and re-examine any such person if his
evidence appears to it to be essential to the just decision of the case.

**349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.—If a**

Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this
Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or
finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the
person to whom the order relates shall be produced or shall attend at the time and place specified in such
order and shall give his specimen signatures or finger impressions or handwriting or voice sample:

119


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Provided that no order shall be made under this section unless the person has at some time been arrested

in connection with such investigation or proceeding:

Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to

give such specimen or sample without him being arrested.

**350. Expenses of complainants and witnesses.—Subject to any rules made by the State Government,**

any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable
expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding
before such Court under this Sanhita.

**351. Power to examine accused.—(1) In every inquiry or trial, for the purpose of enabling the accused**

personally to explain any circumstances appearing in the evidence against him, the Court—

(a) may at any stage, without previously warning the accused put such questions to him as the

Court considers necessary;

(b) shall, after the witnesses for the prosecution have been examined and before he is called on

for his defence, question him generally on the case:

Provided that in a summons case, where the Court has dispensed with the personal attendance of

the accused, it may also dispense with his examination under clause (b).

(2) No oath shall be administered to the accused when he is examined under sub-section (1).

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or

by giving false answers to them.

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put

in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers
may tend to show he has committed.

(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which

are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient
compliance of this section.

**352. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon**

as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes
the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct
headings, the arguments in support of his case and every such memorandum shall form part of the record.

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments

unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.

(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such

arguments.

**353. Accused person to be competent witness.—(1) Any person accused of an offence before a**

Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of
the charges made against him or any person charged together with him at the same trial:

Provided that—

(a) he shall not be called as a witness except on his own request in writing;

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties

or the Court or give rise to any presumption against himself or any person charged together with him
at the same trial.

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(2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or

section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or
Part D of Chapter XI, may offer himself as a witness in such proceedings:

Provided that in proceedings under section 127, section 128, or section 129, the failure of such person

to give evidence shall not be made the subject of any comment by any of the parties or the Court or give
rise to any presumption against him or any other person proceeded against together with him at the same
inquiry.

**354. No influence to be used to induce disclosure.—Except as provided in sections 343 and 344, no**

influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce
him to disclose or withhold any matter within his knowledge.

**355. Provision for inquiries and trial being held in absence of accused in certain cases.—(1) At**

any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be
recorded, that the personal attendance of the accused before the Court is not necessary in the interests of
justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if
the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or
trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of
such accused.

(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate

considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him,
either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.

_Explanation.—For the purpose of this section, personal attendance of the accused includes attendance_

through audio-video electronic means.

**356. Inquiry, trial or judgment in absentia of proclaimed offender.—(1) Notwithstanding anything**

contained in this Sanhita or in any other law for the time being in force, when a person declared as a
proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate
prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present
and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed
with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce
the judgment:

Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the

date of framing of the charge.

(2) The Court shall ensure that the following procedure has been complied with before proceeding

under sub-section (1), namely: —

(i) issuance of two consecutive warrants of arrest within the interval of at least thirty days;

(ii) publish in a national or local daily newspaper circulating in the place of his last known address

of residence, requiring the proclaimed offender to appear before the Court for trial and informing him
that in case he fails to appear within thirty days from the date of such publication, the trial shall
commence in his absence;

(iii) inform his relative or friend, if any, about the commencement of the trial; and

(iv) affix information about the commencement of the trial on some conspicuous part of the house

or homestead in which such person ordinarily resides and display in the police station of the district of
his last known address of residence.

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(3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an

advocate for his defence at the expense of the State.

(4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for

prosecution and recorded their depositions, such depositions shall be given in evidence against such
proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged:

Provided that if the proclaimed offender is arrested and produced or appears before the Court during

such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have
been taken in his absence.

(5) Where a trial is related to a person under this section, the deposition and examination of the witness,

may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such
recording shall be kept in such manner as the Court may direct.

(6) In prosecution for offences under this Sanhita, voluntary absence of accused after the trial has

commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the
judgment even if he is arrested and produced or appears at the conclusion of such trial.

(7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents

himself before the Court of appeal:

Provided that no appeal against conviction shall lie after the expiry of three years from the date of the

judgment.

(8) The State may, by notification, extend the provisions of this section to any absconder mentioned in

sub-section (1) of section 84.

**357. Procedure where accused does not understand proceedings.—If the accused, though not a**

person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the
inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction,
the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the
High Court shall pass thereon such order as it thinks fit.

**358. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the**

course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the
accused has committed any offence for which such person could be tried together with the accused, the
Court may proceed against such person for the offence which he appears to have committed.

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances

of the case may require, for the purpose aforesaid.

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by

such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed.

(4) Where the Court proceeds against any person under sub-section (1), then—

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re
heard;

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an

accused person when the Court took cognizance of the offence upon which the inquiry or trial was
commenced.

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**359. Compounding of offences.—(1) The offences punishable under the sections of the Bharatiya**

Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may be
compounded by the persons mentioned in the third column of that Table: —

TABLE


Offence Section of the Bharatiya Nyaya

Sanhita, 2023 applicable


Person by whom offence

may be compounded


1 2 3


Enticing or taking away or
detaining with criminal intent a
married woman.


[84](javascript:fnOpenLinkPopUp('41840','948073');) The husband of the woman
and the woman.


Voluntarily causing hurt. 115(2) The person to whom the hurt
is caused.


Voluntarily causing hurt on
provocation.

Voluntarily causing grievous hurt
on grave and sudden provocation.

Wrongfully restraining or
confining any person.

Wrongfully confining a person for
three days or more.

Wrongfully confining a person for
ten days or more.

Wrongfully confining a person in
secret.


122(1) The person to whom the hurt
is caused.

122(2) The person to whom the hurt
is caused.

126(2), 127(2) The person restrained or
confined.

127(3) The person confined.

127(4) The person confined.

127(6) The person confined.


Assault or use of criminal force. 131,133,136 The person assaulted or to
whom criminal force is used.


Uttering words, etc., with
deliberate intent to wound the
religious feelings of any person.


302 The person whose religious
feelings are intended to be
wounded.


Theft. 303(2) The owner of the property
stolen.


Dishonest misappropriation of
property.

Criminal breach of trust by a
carrier, wharfinger, etc.


314 The owner of the property
misappropriated.

316(3) The owner of the property in
respect of which the breach
of trust has been committed.

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1 2 3


Dishonestly receiving stolen property knowing it to
be stolen.

Assisting in the concealment or disposal of stolen
property, knowing it to be stolen.


317(2) The owner of the property stolen.

317(5) The owner of the property stolen.


Cheating. 318(2) The person cheated.

Cheating by personation. 319(2) The person cheated.


Fraudulent removal or concealment of property,
etc., to prevent distribution among creditors.

Fraudulently preventing from being made available
for his creditors a debt or demand due to the
offender.

Fraudulent execution of deed of transfer containing
false statement of consideration.


320 The creditors who are affected
thereby.

321 The creditors who are affected
thereby.

322 The person affected thereby.


Fraudulent removal or concealment of property. 323 The person affected thereby.


Mischief, when the only loss or damage caused is
loss or damage to a private person.


324(2), 324(4) The person to whom the loss or

damage is caused.


Mischief by killing or maiming animal. 325 The owner of the animal.


Mischief by injury to works of irrigation by
wrongfully diverting water when the only loss or
damage caused is loss or damage to private person.


326(a) The person to whom the loss or
damage is caused.


Criminal trespass. 329(3) The person in possession of the
property trespassed upon.

House-trespass. 329(4) The person in possession of the
property trespassed upon.


House-trespass to commit an offence (other than
theft) punishable with imprisonment.


332(c) The person in possession of the
house trespassed upon.


Using a false trade or property mark. 345(3) The person to whom loss or injury is
caused by such use.

Counterfeiting a property mark used by another. 347(1) The person to whom loss or injury is
caused by such use.

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1 2 3


Selling goods marked with a counterfeit property
mark.


349 The person to whom loss or injury is
caused by such use.


Criminal intimidation. 351(2), 351(3) The person intimidated.

Insult intended to provoke a breach of peace. 352 The person insulted.


Inducing person to believe himself an object of
divine displeasure.

Defamation, except such cases as are specified
[against section 356(2) of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948377');)
Sanhita, 2023, (45 of 2023) column 1 of the Table
under sub-section (2).

Printing or engraving matter, knowing it to be
defamatory.

Sale of printed or engraved substance containing
defamatory matter, knowing it to contain such
matter.


354 The person induced.

356(2) The person defamed.

356(3) The person defamed.

356(4) The person defamed.


Criminal breach of contract of service. 357 The person with whom the offender
has contracted.

(2) The offences punishable under the sections of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023)

specified in the first two columns of the Table next following may, with the permission of the Court before
which any prosecution for such offence is pending, be compounded by the persons mentioned in the third
column of that Table:.—

Table


Offence Section of the
Bharatiya Nyaya
Sanhita applicable


Person by whom offence may
be compounded


1 2 3


Word, gesture or act intended to insult the
modesty of a woman.

Marrying again during the life-time of a
husband or wife.


79 The woman whom it was
intended to insult or whose
privacy was intruded upon.

82(1) The husband or wife of the
person so marrying.


Causing miscarriage. 88 The woman to whom
miscarriage is caused.

Voluntarily causing grievous hurt. 117(2) The person to whom hurt is
caused.

125


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1 2 3


Causing hurt by doing an act so rashly and
negligently as to endanger human life or
the personal safety of others.

Causing grievous hurt by doing an act so
rashly and negligently as to endanger
human life or the personal safety of others.

Assault or criminal force in attempting
wrongfully to confine a person.

Theft, by clerk or servant of property in
possession of master.


125(a) The person to whom hurt is
caused.

125(b) The person to whom hurt is
caused.

135 The person assaulted or to
whom the force was used.

306 The owner of the property
stolen.


Criminal breach of trust. 316(2) The owner of the property in
respect of which breach of
trust has been committed.


Criminal breach of trust by a clerk or
servant.

Cheating a person whose interest the
offender was bound, either by law or by
legal contract, to protect.

Cheating and dishonestly inducing delivery
of property or the making, alteration or
destruction of a valuable security.

Defamation against the President or the
Vice-President or the Governor of the State
or the Administrator of the Union territory
or a Minister in respect of his public
functions when instituted upon a complaint
made by the public prosecutor.


316(4) The owner of the property in
respect of which the breach of
trust has been committed.

318(3) The person cheated.

318(4) The person cheated.

356(2) The person defamed.


(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to

commit such offence (when such attempt is itself an offence) or where the accused is liable under
[sub-section (5) of section 3 or section 190 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), may be](javascript:fnOpenLinkPopUp('41840','947981');)
compounded in like manner.

(4)   (a) When the person who would otherwise be competent to compound an offence under this

section is a child or of unsound mind, any person competent to contract on his behalf may, with the
permission of the Court, compound such offence;

(b) When the person who would otherwise be competent to compound an offence under this section is

dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person
may, with the consent of the Court, compound such offence.

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(5) When the accused has been committed for trial or when he has been convicted and an appeal is

pending, no composition for the offence shall be allowed without the leave of the Court to which he is
committed, or, as the case may be, before which the appeal is to be heard.

(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442

may allow any person to compound any offence which such person is competent to compound under this
section.

(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either

to enhanced punishment or to a punishment of a different kind for such offence.

(8) The composition of an offence under this section shall have the effect of an acquittal of the accused

with whom the offence has been compounded.

(9) No offence shall be compounded except as provided by this section.

**360. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in charge**

of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from
the prosecution of any person either generally or in respect of any one or more of the offences for which he
is tried; and, upon such withdrawal,—

(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such

offence or offences;

(b) if it is made after a charge has been framed, or when under this Sanhita no charge is required,

he shall be acquitted in respect of such offence or offences:

Provided that where such offence—

(i) was against any law relating to a matter to which the executive power of the Union extends; or

(ii) was investigated under any Central Act; or

(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the

Central Government; or

(iv) was committed by a person in the service of the Central Government while acting or purporting

to act in the discharge of his official duty,

and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not,
unless he has been permitted by the Central Government to do so, move the Court for its consent to
withdraw from the prosecution and the Court shall, before according consent, direct the Prosecutor to
produce before it the permission granted by the Central Government to withdraw from the prosecution:

Provided further that no Court shall allow such withdrawal without giving an opportunity of being

heard to the victim in the case.

**361. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry**

into an offence or a trial before a Magistrate in any district, the evidence appears to him to warrant a
presumption-
(a) that he has no jurisdiction to try the case or commit it for trial; or

(b) that the case is one which should be tried or committed for trial by some other Magistrate in the

district; or

(c) that the case should be tried by the Chief Judicial Magistrate,

he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief
Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs.

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(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or

refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial.

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

**committed.—If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage**
of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of
Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the
provisions of Chapter XIX shall apply to the commitment so made.

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

**property.—(1) Where a person, having been convicted of an offence punishable under Chapter X or**
Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three
years or upwards, is again accused of any offence punishable under either of those Chapters with
imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is
satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for
trial to the Chief Judicial Magistrate or committed to the Court of Session, unless the Magistrate is
competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is
convicted.

(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of

Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall
be similarly sent or committed, unless the Magistrate discharges such other person under section 262 or
section 268, as the case may be.

**364. Procedure when Magistrate cannot pass sentence sufficiently severe.—(1) Whenever a**

Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is
guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which
such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the
accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion
and submit his proceedings, and forward the accused, to the Chief Judicial Magistrate to whom he is
subordinate.

(2) When more accused persons than one are being tried together, and the Magistrate considers it

necessary to proceed under sub-section (1), in regard to any of such accused, he shall forward all the
accused, who are in his opinion guilty, to the Chief Judicial Magistrate.

(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine

the parties and recall and examine any witness who has already given evidence in the case and may call for
and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit,
and is according to law.

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

**another.—(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part**
of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another
Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding
may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly
recorded by himself:

Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of

the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may resummon any such witness, and after such further examination, cross-examination and re-examination, if
any, as he may permit, the witness shall be discharged.

128


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(2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or

from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction
therein, and to be succeeded by the latter, within the meaning of sub-section (1).

(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed

under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364.

**366. Court to be open.—(1) The place in which any Criminal Court is held for the purpose of inquiring**

into or trying any offence shall be deemed to be an open Court, to which the public generally may have
access, so far as the same can conveniently contain them:

Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry

into, or trial of, any particular case, that the public generally, or any particular person, shall not have access
to, or be or remain in, the room or building used by the Court.

(2) Notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an

[offence under section 64, section 65, section 66, section 67, section 68, section 70 or section 71 of the](javascript:fnOpenLinkPopUp('41840','948191');)
[Bharatiya Nyaya Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of](javascript:fnOpenLinkPopUp('10071','333187');)
Children from Sexual Offences Act, 2012 (32 of 2012) shall be conducted in camera:

Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties,

allow any particular person to have access to, or be or remain in, the room or building used by the Court:

Provided further that _in camera trial shall be conducted as far as practicable by a woman Judge or_

Magistrate.

(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print

or publish any matter in relation to any such proceedings except with the previous permission of the Court:

Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape

may be lifted, subject to maintaining confidentiality of name and address of the parties.

CHAPTER XXVII

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

**367. Procedure in case of accused being person of unsound mind.—(1) When a Magistrate holding**

an inquiry has reason to believe that the person against whom the inquiry is being held is a person of
unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact
of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district
or such other medical officer as the State Government may direct, and thereupon shall examine such
surgeon or other medical officer as a witness, and shall reduce the examination to writing.

(2) If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to

a psychiatrist or clinical psychologist of Government hospital or Government medical college for care,
treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be,
shall inform the Magistrate whether the accused is suffering from unsoundness of mind or intellectual
disability:

Provided that if the accused is aggrieved by the information given by the psychiatric or clinical

psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board
which shall consist of—

(a) head of psychiatry unit in the nearest Government hospital; and

(b) a faculty member in psychiatry in the nearest Government medical college.

(3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance

with the provisions of section 369.

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(4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound

mind, the Magistrate shall further determine whether the unsoundness of mind renders the accused
incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding
to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the
advocate of the accused but without questioning the accused, if he finds that no prima facie case is made
out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with
him in the manner provided under section 369:

Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect

of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period,
as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused,
and order the accused to be dealt with as provided under section 369.

(5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual

disability, the Magistrate shall further determine whether the intellectual disability renders the accused
incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure
of the inquiry and deal with the accused in the manner provided under section 369.

**368. Procedure in case of person of unsound mind tried before Court.—(1) If at the trial of any**

person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of
unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first
instance, try the fact of such unsoundness of mind and incapacity, and if the Magistrate or Court, after
considering such medical and other evidence as may be produced before him or it, is satisfied of the fact,
he or it shall record a finding to that effect and shall postpone further proceedings in the case.

(2) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it

shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist
or clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is
suffering from unsoundness of mind:

Provided that if the accused is aggrieved by the information given by the psychiatrist or clinical

psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board
which shall consist of—

(a) head of psychiatry unit in the nearest Government hospital; and

(b) a faculty member in psychiatry in the nearest Government medical college.

(3) If the Magistrate or Court is informed that the person referred to in sub-section (2) is a person of

unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders
the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court
shall record a finding to that effect and shall examine the record of evidence produced by the prosecution
and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court
finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial,
discharge the accused and deal with him in the manner provided under section 369:

Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in

respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period,
as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused.

(4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is

incapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order
the accused to be dealt with in accordance with section 369.

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**369. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if**

found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of
mind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in
which bail may be taken or not, order release of such person on bail:

Provided that the accused is suffering from unsoundness of mind or intellectual disability which does

not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric
treatment from the nearest medical facility and to prevent from doing injury to himself or to any other
person.

(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot

be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such
a place where regular psychiatric treatment can be provided, and shall report the action taken to the State
Government:

Provided that no order for the detention of the accused in a public mental health establishment shall be

made otherwise than in accordance with such rules as the State Government may have made under the
Mental Healthcare Act, 2017 (10 of 2017).

(3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence

by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be,
shall keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual
disability, further determine if the release of the accused can be ordered:

Provided that—

(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case

may be, decide to order discharge of the accused, as provided under section 367 or section 368, such
release may be ordered, if sufficient security is given that the accused shall be prevented from doing
injury to himself or to any other person;

(b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused

cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of
mind or intellectual disability may be ordered wherein the accused may be provided care and
appropriate education and training.

**370. Resumption of inquiry or trial.—(1) Whenever an inquiry or a trial is postponed under**

section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person
concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear
or be brought before such Magistrate or Court.

(2) When the accused has been released under section 369, and the sureties for his appearance produce

him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that
the accused is capable of making his defence shall be receivable in evidence.

**371. Procedure on accused appearing before Magistrate or Court.—(1) If, when the accused**

appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court
considers him capable of making his defence, the inquiry or trial shall proceed.

(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the

Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be,
and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall
deal with such accused in accordance with the provisions of section 369.

**372. When accused appears to have been of sound mind.—When the accused appears to be of sound**

mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that
there is reason to believe that the accused committed an act, which, if he had been of sound mind, would

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have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness
of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate
shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for
trial before the Court of Session.

**373. Judgment of acquittal on ground of unsoundness of mind.—Whenever any person is acquitted**

upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of
unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that
it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not.

**374. Person acquitted on ground of unsoundness of mind to be detained in safe custody.—(1)**

Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court
before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have
constituted an offence,—

(a) order such person to be detained in safe custody in such place and manner as the Magistrate or

Court thinks fit; or

(b) order such person to be delivered to any relative or friend of such person.

(2) No order for the detention of the accused in a public mental health establishment shall be made

under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government
may have made under the Mental Healthcare Act, 2017 (10 of 2017).

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub
section (1) except upon the application of such relative or friend and on his giving security to the satisfaction
of the Magistrate or Court that the person delivered shall—

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State

Government may direct.

(4) The Magistrate or Court shall report to the State Government the action taken under

sub-section (1).

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

Government may empower the officer in charge of the jail in which a person is confined under the
provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of
Prisons under section 376 or section 377.

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

a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person
detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental
health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017
(10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he
shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court
appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and
the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence.

**377. Procedure where person of unsound mind detained is declared fit to be released.—(1) If a**

person is detained under the provisions of sub-section (2) of section 369, or section 374, and such InspectorGeneral or visitors shall certify that, in his or their judgment, he may be released without danger of his
doing injury to himself or to any other person, the State Government may thereupon order him to be
released, or to be detained in custody, or to be transferred to a public mental health establishment if he has
not been already sent to such establishment; and, in case it orders him to be transferred to a public mental
health establishment, may appoint a Commission, consisting of a Judicial and two medical officers.

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(2) Such Commission shall make a formal inquiry into the state of mind of such person, take such

evidence as is necessary, and shall report to the State Government, which may order his release or detention
as it thinks fit.

**378. Delivery of person of unsound mind to care of relative or friend.—(1) Whenever any relative**

or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be
delivered to his care and custody, the State Government may, upon the application of such relative or friend
and on his giving security to the satisfaction of such State Government, that the person delivered shall—

(a) be properly taken care of and prevented from doing injury to himself or to any other person;

(b) be produced for the inspection of such officer, and at such times and places, as the State

Government may direct;

(c) in the case of a person detained under sub-section (2) of section 369, be produced when required

before such Magistrate or Court,

order such person to be delivered to such relative or friend.

(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason

of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in
clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of
making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused
was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or
Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting
officer shall be receivable as evidence.

CHAPTER XXVIII

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

**379. Procedure in cases mentioned in section 215.—(1) When, upon an application made to it in this**

behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry
should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears
to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of
a document produced or given in evidence in a proceeding in that Court, such Court may, after such
preliminary inquiry, if any, as it thinks necessary,—

(a) record a finding to that effect;

(b) make a complaint thereof in writing;

(c) send it to a Magistrate of the first class having jurisdiction;

(d) take sufficient security for the appearance of the accused before such Magistrate, or if the

alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody
to such Magistrate; and

(e) bind over any person to appear and give evidence before such Magistrate.

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where

that Court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an
application for the making of such complaint, be exercised by the Court to which such former Court is
subordinate within the meaning of sub-section (4) of section 215.

(3) A complaint made under this section shall be signed,—

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court

may appoint;

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(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the

Court may authorise in writing in this behalf.

(4) In this section, “Court” has the same meaning as in section 215.

**380. Appeal.—(1) Any person on whose application any Court other than a High Court has refused to**

make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint
has been made by such Court, may appeal to the Court to which such former Court is subordinate within
the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the
parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint
which such former Court might have made under section 379, and, if it makes such complaint, the
provisions of that section shall apply accordingly.

(2) An order under this section, and subject to any such order, an order under section 379, shall be final,

and shall not be subject to revision.

**381. Power to order costs.—Any Court dealing with an application made to it for filing a complaint**

under section 379 or an appeal under section 380, shall have power to make such order as to costs as may
be just.

**382. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made**

under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far
as may be, to deal with the case as if it were instituted on a police report.

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case

may have been transferred, that an appeal is pending against the decision arrived at in the judicial
proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of
the case until such appeal is decided.

**383. Summary procedure for trial for giving false evidence.—(1) If, at the time of delivery of any**

judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first
class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or
wilfully given false evidence or had fabricated false evidence with the intention that such evidence should
be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of
justice that the witness should be tried summarily for giving or fabricating, as the case may be, false
evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of
showing cause why he should not be punished for such offence, try such offender summarily and sentence
him to imprisonment for a term which may extend to three months, or to fine which may extend to one
thousand rupees, or with both.

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed

for summary trials.

(3) Nothing in this section shall affect the power of the Court to make a complaint under section 379

for the offence, where it does not choose to proceed under this section.

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session

or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against
the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall
stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the
case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or
application for revision.

**384. Procedure in certain cases of contempt.—(1) When any such offence as is described**

[in section 210, section 213, section 214, section 215 or section 267 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948213');)
Sanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court,
the Court may cause the offender to be detained in custody, and may, at any time before the rising of the

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Court on the same day, take cognizance of the offence and, after giving the offender a reasonable
opportunity of showing cause why he should not be punished under this section, sentence the offender to
fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a
term which may extend to one month, unless such fine be sooner paid.

(2) In every such case the Court shall record the fact constituting the offence, with the statement (if

any) made by the offender, as well as the finding and sentence.

[(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record](javascript:fnOpenLinkPopUp('41840','948271');)

shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was
sitting, and the nature of the interruption or insult.

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

**section 384.—(1) If the Court in any case considers that a person accused of any of the offences referred**
to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of
payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court
is for any other reason of opinion that the case should not be disposed of under section 384, such Court,
after recording the facts constituting the offence and the statement of the accused as hereinbefore provided,
may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be
given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall
forward such person in custody to such Magistrate.

(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far

as may be, as if it were instituted on a police report.

**386. When Registrar or Sub-Registrar to be deemed a Civil Court.—When the State Government**

so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908),
shall be deemed to be a Civil Court within the meaning of sections 384 and 385.

**387. Discharge of offender on submission of apology.—When any Court has under section 384**

adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for
refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or
interruption, the Court may, in its discretion, discharge the offender or remit the punishment on his
submission to the order or requisition of such Court, or on apology being made to its satisfaction.

**388. Imprisonment or committal of person refusing to answer or produce document.—If any**

witness or person called to produce a document or thing before a Criminal Court refuses to answer such
questions as are put to him or to produce any document or thing in his possession or power which the Court
requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer
any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him
to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to
the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such
person consents to be examined and to answer, or to produce the document or thing and in the event of his
persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385.

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

**summons.—(1) If any witness being summoned to appear before a Criminal Court is legally bound to**
appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses
to attend at that place or time or departs from the place where he has to attend before the time at which it is
lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient
in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of
the offence and after giving the offender an opportunity of showing cause why he should not be punished
under this section, sentence him to fine not exceeding five hundred rupees.

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(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed

for summary trials.

**390. Appeals from convictions under sections 383, 384, 388 and 389.—(1) Any person sentenced by**

any Court other than a High Court under section 383, section 384, section 388, or section 389 may,
notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in
such Court are ordinarily appealable.

(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this

section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed
against.

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the

sessions division within which such Court is situate.

(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by

virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division
within which the office of such Registrar or Sub-Registrar is situate.

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

**themselves.—Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other**
than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215,
when such offence is committed before himself or in contempt of his authority, or is brought under his
notice as such Judge or Magistrate in the course of a judicial proceeding.

CHAPTER XXIX

THE JUDGMENT

**392. Judgment.—(1) The judgment in every trial in any Criminal Court of original jurisdiction shall**

be pronounced in open Court by the presiding officer immediately after the termination of the trial or at
some subsequent time not later than forty-five days of which notice shall be given to the parties or their
advocates,—

(a) by delivering the whole of the judgment; or

(b) by reading out the whole of the judgment; or

(c) by reading out the operative part of the judgment and explaining the substance of the judgment

in a language which is understood by the accused or his advocate.

(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause

it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and
write on it the date of the delivery of the judgment in open Court.

(3) Where the judgment or the operative part thereof is read out under clause (b) or clause (c) of

sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and
if it is not written with his own hand, every page of the judgment shall be signed by him.

(4) Where the judgment is pronounced in the manner specified in clause (c) of sub-section (1), the

whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their
advocates free of cost:

Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within

a period of seven days from the date of judgment.

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person

or through audio-video electronic means.

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(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment

pronounced, except where his personal attendance during the trial has been dispensed with and the sentence
is one of fine only or he is acquitted:

Provided that where there are more accused persons than one, and one or more of them do not attend

the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to
avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence.

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the

absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any
omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such
day and place.

(8) Nothing in this section shall be construed to limit in any way the extent of the provisions of

section 511.

**393. Language and contents of judgment.—(1) Except as otherwise expressly provided by this**

Sanhita, every judgment referred to in section 392,—

(a) shall be written in the language of the Court;

(b) shall contain the point or points for determination, the decision thereon and the reasons for the

decision;

(c) shall specify the offence (if any) of which, and the section of the Bharatiya Nyaya

Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to
which he is sentenced;

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and

direct that he be set at liberty.

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful

under which of two sections, or under which of two parts of the same section, of that Sanhita the offence
falls, the Court shall distinctly express the same, and pass judgment in the alternative.

(3) When the conviction is for an offence punishable with death or, in the alternative, with

imprisonment for life or imprisonment for a term of years, the judgment shall state the reasons for the
sentence awarded, and, in the case of sentence of death, the special reasons for such sentence.

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more,

but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its
reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court
or unless the case was tried summarily under the provisions of this Sanhita.

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till

he is dead.

(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under

section 144, section 164 or section 166 shall contain the point or points for determination, the decision
thereon and the reasons for the decision.

**394. Order for notifying address of previously convicted offender.—(1) When any person, having**

been convicted by a Court in India of an offence punishable with imprisonment for a term of three years,
or upwards, is again convicted of any offence punishable with imprisonment for a term of three years or
upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at
the time of passing a sentence of imprisonment on such person, also order that his residence and any change
of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding
five years from the date of the expiration of such sentence.

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(2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences

and to the abetment of such offences and attempts to commit them.

(3) If such conviction is set aside on appeal or otherwise, such order shall become void.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court

of Session when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry out the provisions of this section

relating to the notification of residence or change of, or absence from, residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach

of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place
last notified by him as his place of residence is situated.

**395. Order to pay compensation.—(1) When a Court imposes a sentence of fine or a sentence**

(including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order
the whole or any part of the fine recovered to be applied—

(a) in defraying the expenses properly incurred in the prosecution;

(b) in the payment to any person of compensation for any loss or injury caused by the offence,

when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court;

(c) when any person is convicted of any offence for having caused the death of another person or

of having abetted the commission of such an offence, in paying compensation to the persons who are,
under the Fatal Accidents Act, 1855 (13 of 1855), entitled to recover damages from the person
sentenced for the loss resulting to them from such death;

(d) when any person is convicted of any offence which includes theft, criminal misappropriation,

criminal breach of trust, or cheating, or of having dishonestly received or retained, or of having
voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be
stolen, in compensating any _bona fide purchaser of such property for the loss of the same if such_
property is restored to the possession of the person entitled thereto.

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before

the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision
of the appeal.

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing

judgment, order the accused person to pay, by way of compensation, such amount as may be specified in
the order to the person who has suffered any loss or injury by reason of the act for which the accused person
has been so sentenced.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court

of Session when exercising its powers of revision.

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the

Court shall take into account any sum paid or recovered as compensation under this section.

**396. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central**

Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or
his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service

Authority or the State Legal Service Authority, as the case may be, shall decide the quantum of
compensation to be awarded under the scheme referred to in sub-section (1).

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(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under

section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the
victim has to be rehabilitated, it may make recommendation for compensation.

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes

place, the victim or his dependents may make an application to the State or the District Legal Services
Authority for award of compensation.

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the

District Legal Services Authority shall, after due enquiry award adequate compensation by completing the
enquiry within two months.

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of

the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost
on the certificate of the police officer not below the rank of the officer in charge of the police station or a
Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit.

(7) The compensation payable by the State Government under this section shall be in addition to the

[payment of fine to the victim under section 65, section 70 and sub-section (1) of section 124 of the](javascript:fnOpenLinkPopUp('41840','948052');)
Bharatiya Nyaya Sanhita, 2023 (45 of 2023).

**397. Treatment of victims.—All hospitals, public or private, whether run by the Central Government,**

the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical
[treatment, free of cost, to the victims of any offence covered under section 64, section 65, section](javascript:fnOpenLinkPopUp('41840','948051');)
[66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948053');)
[Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual](javascript:fnOpenLinkPopUp('10071','333187');)
Offences Act, 2012 (32 of 2012), and shall immediately inform the police of such incident.

**398. Witness protection scheme.—Every State Government shall prepare and notify a Witness**

Protection Scheme for the State with a view to ensure protection of the witnesses.

**399. Compensation to persons groundlessly arrested.—(1) Whenever any person causes a police**

officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no
sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one
thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time
and expenses in the matter, as the Magistrate thinks fit.

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to

each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit.

(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot

be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term
not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid.

**400. Order to pay costs in non-cognizable cases.—(1) Whenever any complaint of a non-cognizable**

offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed
upon him, order him to pay to the complainant, in whole or in part, the cost incurred by him in the
prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment
for a period not exceeding thirty days and such costs may include any expenses incurred in respect of
process-fees, witnesses and advocate's fees which the Court may consider reasonable.

(2) An order under this section may also be made by an Appellate Court or by the High Court or Court

of Session when exercising its powers of revision.

**401. Order to release on probation of good conduct or after admonition.—(1) When any person**

not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment
for a term of seven years or less, or when any person under twenty-one years of age or any woman is

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convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is
proved against the offender, if it appears to the Court before which he is convicted, regard being had to the
age, character or antecedents of the offender, and to the circumstances in which the offence was committed,
that it is expedient that the offender should be released on probation of good conduct, the Court may, instead
of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail
bond to appear and receive sentence when called upon during such period (not exceeding three years) as
the Court may direct, and in the meantime to keep the peace and be of good behavior:

Provided that where any first offender is convicted by a Magistrate of the second class not specially

empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section
should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate
of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who
shall dispose of the case in the manner provided by sub-section (2).

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1),

such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if
the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any
point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or
evidence to be made or taken.

(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation,

cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’
imprisonment or any offence punishable with fine only and no previous conviction is proved against him,
the Court before which he is so convicted may, if it thinks fit, having regard to the age, character,
antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any
extenuating circumstances under which the offence was committed, instead of sentencing him to any
punishment, release him after due admonition.

(4) An order under this section may be made by any Appellate Court or by the High Court or Court of

Session when exercising its powers of revision.

(5) When an order has been made under this section in respect of any offender, the High Court or Court

of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of
revision, set aside such order, and in lieu thereof pass sentence on such offender according to law:

Provided that the High Court or Court of Session shall not under this sub-section inflict a greater

punishment than might have been inflicted by the Court by which the offender was convicted.

(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties

offered in pursuance of the provisions of this section.

(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that

an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the
Court acts or in which the offender is likely to live during the period named for the observance of the
conditions.

(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in

respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of
his recognizance, it may issue a warrant for his apprehension.

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court

issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him
to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing
the case, pass sentence.

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(10) Nothing in this section shall affect the provisions of the Probation of Offenders Act, 1958

(20 of 1958), or the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other
law for the time being in force for the treatment, training or rehabilitation of youthful offenders.

**402. Special reasons to be recorded in certain cases.—Where in any case the Court could have dealt**

with,—

(a) an accused person under section 401 or under the provisions of the Probation of Offenders Act,

1958 (20 of 1958); or

(b) a youthful offender under the Juvenile Justice (Care and Protection of Children) Act, 2015

(2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of
youthful offenders,

but has not done so, it shall record in its judgment the special reasons for not having done so.

**403. Court not to alter judgment.—Save as otherwise provided by this Sanhita or by any other law**

for the time being in force, no Court, when it has signed its judgment or final order disposing of a case,
shall alter or review the same except to correct a clerical or arithmetical error.

**404. Copy of judgment to be given to accused and other persons.—(1) When the accused is**

sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the
judgment, be given to him free of cost.

(2) On the application of the accused, a certified copy of the judgment, or when he so desires, a

translation in his own language if practicable or in the language of the Court, shall be given to him without
delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of
cost:

Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of

the judgment shall be immediately given to the accused free of cost whether or not he applies for the same.

(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply

in relation to a judgment which is appealable by the accused.

(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of

right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be
preferred.

(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed

by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges,
be given a copy of such judgment or order or of any deposition or other part of the record:

Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost:

Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer,

provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record.

(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal

Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees,
and subject to such conditions, as the High Court may, by such rules, provide.

**405. Judgment when to be translated.—The original judgment shall be filed with the record of the**

proceedings and where the original is recorded in a language different from that of the Court, and if either
party so requires, a translation thereof into the language of the Court shall be added to such record.

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**406. Court of Session to send copy of finding and sentence to District Magistrate.—In cases tried**

by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be,
shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local
jurisdiction the trial was held.

CHAPTER XXX

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

**407. Sentence of death to be submitted by Court of Session for confirmation.—(1) When the Court**

of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and
the sentence shall not be executed unless it is confirmed by the High Court.

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

**408. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when**

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

(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed

with when such inquiry is made or such evidence is taken.

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

inquiry or evidence shall be certified to such Court.

**409. Power of High Court to confirm sentence or annul conviction.—In any case submitted under**

section 407, the High Court—

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

(b) may annul the conviction, and convict the accused of any offence of which the Court of Session

might have convicted him, or order a new trial on the same or an amended charge; or

(c) may acquit the accused person:

Provided that no order of confirmation shall be made under this section until the period allowed for

preferring an appeal has expired, or, if an appeal is presented within such period, until such appeal is
disposed of.

**410. Confirmation or new sentence to be signed by two Judges.—In every case so submitted, the**

confirmation of the sentence, or any new sentence or order passed by the High Court, shall, when such
Court consists of two or more Judges, be made, passed and signed by at least two of them.

**411. Procedure in case of difference of opinion.—Where any such case is heard before a Bench of**

Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by
section 433.

**412. Procedure in cases submitted to High Court for confirmation.—In cases submitted by the**

Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the
High Court shall, without delay, after the order of confirmation or other order has been made by the High
Court, send either physically, or through electronic means, a copy of the order, under the seal of the High
Court and attested with his official signature, to the Court of Session.

CHAPTER XXXI

APPEALS

**413. No appeal to lie unless otherwise provided.—No appeal shall lie from any judgment or order of**

a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force:

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Provided that the victim shall have a right to prefer an appeal against any order passed by the Court

acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such
appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court.

**414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping**

**peace or good behavior.—Any person, —**

(i) who has been ordered under section 136 to give security for keeping the peace or for good

behaviour; or

(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140,

may appeal against such order to the Court of Session:

Provided that nothing in this section shall apply to persons the proceedings against whom are laid before

a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141.

**415. Appeals from convictions.—(1) Any person convicted on a trial held by a High Court in its**

extraordinary original criminal jurisdiction may appeal to the Supreme Court.

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a

trial held by any other Court in which a sentence of imprisonment for more than seven years has been
passed against him or against any other person convicted at the same trial, may appeal to the High Court.

(3) Save as otherwise provided in sub-section (2), any person,-
(a) convicted on a trial held by Magistrate of the first class, or of the second class; or

(b) sentenced under section 364; or

(c) in respect of whom an order has been made or a sentence has been passed under section 401 by

any Magistrate,

may appeal to the Court of Session.

[(4) When an appeal has been filed against a sentence passed under section 64, section 65,](javascript:fnOpenLinkPopUp('41840','948051');)

[section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal](javascript:fnOpenLinkPopUp('41840','948053');)
shall be disposed of within a period of six months from the date of filing of such appeal.

**416. No appeal in certain cases when accused pleads guilty.—Notwithstanding anything in section**

415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no
appeal,—

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

(ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to

the extent or legality of the sentence.

**417. No appeal in petty cases.—Notwithstanding anything in section 415, there shall be no appeal by**

a convicted person in any of the following cases, namely: —

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three

months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine;

(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three

months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine;

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

rupees; or

(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only

a sentence of fine not exceeding two hundred rupees:

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Provided that an appeal may be brought against any such sentence if any other punishment is combined

with it, but such sentence shall not be appealable merely on the ground—

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

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

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed

does not exceed the amount hereinbefore specified in respect of the case.

**418. Appeal by State Government against sentence.—(1) Save as otherwise provided in**

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

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(2) If such conviction is in a case in which the offence has been investigated by any agency empowered

to make investigation into an offence under any Central Act other than this Sanhita, the Central Government
may also direct the Public Prosecutor to present an appeal against the sentence on the ground of its
inadequacy—

(a) to the Court of Session, if the sentence is passed by the Magistrate; and

(b) to the High Court, if the sentence is passed by any other Court.

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of

Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the
accused a reasonable opportunity of showing cause against such enhancement and while showing cause,
the accused may plead for his acquittal or for the reduction of the sentence.

[(4) When an appeal has been filed against a sentence passed under section 64, section 65,](javascript:fnOpenLinkPopUp('41840','948051');)

[section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal](javascript:fnOpenLinkPopUp('41840','948054');)
shall be disposed of within a period of six months from the date of filing of such appeal.

# 419. Appeal in case of acquittal.—(1) Save as otherwise provided in sub-section (2), and subject

to the provisions of sub-sections (3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the

Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and nonbailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the

High Court from an original or appellate order of acquittal passed by any Court other than a High Court
not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision.

(2) If such an order of acquittal is passed in a case in which the offence has been investigated by any

agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the
Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to
present an appeal—

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a

cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other

than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of
Session in revision.

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(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except

with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on

an application made to it by the complainant in this behalf, grants special leave to appeal from the order of
acquittal, the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of

acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a
public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an

order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under
sub-section (2).

**420. Appeal against conviction by High Court in certain cases.—Where the High Court has, on**

appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death
or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme
Court.

**421. Special right of appeal in certain cases.—Notwithstanding anything in this Chapter, when more**

persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect
of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal.

**422. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an**

appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional
Sessions Judge:

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be

heard and disposed of by the Chief Judicial Magistrate.

(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the

Sessions Judge of the division may, by general or special order, make over to him or as the High Court
may, by special order, direct him to hear.

**423. Petition of appeal.—Every appeal shall be made in the form of a petition in writing presented by**

the appellant or his advocate, and every such petition shall (unless the Court to which it is presented
otherwise directs) be accompanied by a copy of the judgment or order appealed against.

**424. Procedure when appellant in jail.—If the appellant is in jail, he may present his petition of**

appeal and the copies accompanying the same to the officer in charge of the jail, who shall thereupon
forward such petition and copies to the proper Appellate Court.

**425. Summary dismissal of appeal.—(1) If upon examining the petition of appeal and copy of the**

judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient
ground for interfering, it may dismiss the appeal summarily:

Provided that—

(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate

has had a reasonable opportunity of being heard in support of the same;

(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a

reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that
the appeal is frivolous or that the production of the accused in custody before the Court would involve
such inconvenience as would be disproportionate in the circumstances of the case;

(c) no appeal presented under section 424 shall be dismissed summarily until the period allowed

for preferring such appeal has expired.

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

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the

Chief Judicial Magistrate, it shall record its reasons for doing so.

(4) Where an appeal presented under section 424 has been dismissed summarily under this section and

the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the
same appellant has not been considered by it, that Court may, notwithstanding anything contained in section
434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in
accordance with law.

**426. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not**

dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard
to be given—

(i) to the appellant or his advocate;

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

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

complainant;

(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such

officer, complainant and accused with a copy of the grounds of appeal.

(2) The Appellate Court shall then send for the record of the case, if such record is not already available

in that Court, and hear the parties:

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose

of the appeal without sending for the record.

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the

appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground.

**427. Powers of Appellate Court.—After perusing such record and hearing the appellant or his**

advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418
or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient
ground for interfering, dismiss the appeal, or may—

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be

made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and
pass sentence on him according to law;

(b) in an appeal from a conviction—

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be

re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for
trial; or

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

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent,

of the sentence, but not so as to enhance the same;

(c) in an appeal for enhancement of sentence—

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be

re-tried by a Court competent to try the offence; or

(ii) alter the finding maintaining the sentence; or

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(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent,

of the sentence, so as to enhance or reduce the same;

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

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

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing

cause against such enhancement:

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in

its opinion the accused has committed, than might have been inflicted for that offence by the Court passing
the order or sentence under appeal.

**428. Judgments of subordinate Appellate Court.—The rules contained in Chapter XXIX as to the**

judgment of a Criminal Court of original jurisdiction shall apply, so far as may be practicable, to the
judgment in appeal of a Court of Session or Chief Judicial Magistrate:

Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or

required to attend, to hear judgment delivered.

**429. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided**

on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which
the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial
Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through
the Chief Judicial Magistrate, and if such Court is that of an Executive Magistrate, the High Court's
judgment or order shall be sent through the District Magistrate.

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders

as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended
in accordance therewith.

**430. Suspension of sentence pending appeal; release of appellant on bail.—(1) Pending any appeal**

by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the
execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he
be released on bail, or on his own bond or bail bond:

Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted

person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for
a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing
against such release:

Provided further that in cases where a convicted person is released on bail it shall be open to the Public

Prosecutor to file an application for the cancellation of the bail.

(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court

in the case of an appeal by a convicted person to a Court subordinate thereto.

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present

an appeal, the Court shall,—

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

years; or

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

order that the convicted person be released on bail, unless there are special reasons for refusing bail, for
such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court

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under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be
deemed to be suspended.

(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life,

the time during which he is so released shall be excluded in computing the term for which he is so sentenced.

**431. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 419,**

the High Court may issue a warrant directing that the accused be arrested and brought before it or any
subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal
of the appeal or admit him to bail.

**432. Appellate Court may take further evidence or direct it to be taken.—(1) In dealing with any**

appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record
its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the
Appellate Court is a High Court, by a Court of Session or a Magistrate.

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify

such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.

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

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it

were an inquiry.

**433. Procedure where Judges of Court of appeal are equally divided.—When an appeal under this**

Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with
their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he
thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion:

Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another

Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench
of Judges.

**434. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate**

Court upon an appeal shall be final, except in the cases provided for in section 418, section 419,
sub-section (4) of section 425 or Chapter XXXII:

Provided that notwithstanding the final disposal of an appeal against conviction in any case, the

Appellate Court may hear and dispose of, on the merits,—

(a) an appeal against acquittal under section 419, arising out of the same case; or

(b) an appeal for the enhancement of sentence under section 418, arising out of the same case.

**435. Abatement of appeals.—(1) Every appeal under section 418 or section 419 shall finally abate on**

the death of the accused.

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate

on the death of the appellant:

Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and

the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the
death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted,
the appeal shall not abate.

_Explanation.—In this section, “near relative” means a parent, spouse, lineal descendant, brother or_

sister.

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CHAPTER XXXII

REFERENCE AND REVISION

**436. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves**

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

_Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses_

Act, 1897 (10 of 1897), or in the General Clauses Act of a State.

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

(3) Any Court making a reference to the High Court under sub-section (1) or sub-section (2) may,

pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to
appear when called upon.

**437. Disposal of case according to decision of High Court.—(1) When a question has been so**

referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order
to be sent to the Court by which the reference was made, which shall dispose of the case conformably to
the said order.

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

**438. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge**

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

_Explanation.—All Magistrates, whether Executive or Judicial, and whether exercising original or_

appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this subsection and of section 439.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any

interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the

Sessions Judge, no further application by the same person shall be entertained by the other of them.

**439. Power to order inquiry.—On examining any record under section 438 or otherwise, the High**

Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates
subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate
Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or subsection (4) of section 227, or into the case of any person accused of an offence who has been discharged:

Provided that no Court shall make any direction under this section for inquiry into the case of any

person who has been discharged unless such person has had an opportunity of showing cause why such
direction should not be made.

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**440. Sessions Judge's powers of revision.—(1) In the case of any proceeding the record of which has**

been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised
by the High Court under sub-section (1) of section 442.

(2) Where any proceeding by way of revision is commenced before a Sessions Judge under

sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be,
apply to such proceeding and references in the said sub-sections to the High Court shall be construed as
references to the Sessions Judge.

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge,

the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding
by way of revision at the instance of such person shall be entertained by the High Court or any other Court.

**441. Power of Additional Sessions Judge.—An Additional Sessions Judge shall have and may**

exercise all the powers of a Sessions Judge under this Chapter in respect of any case which may be
transferred to him by or under any general or special order of the Sessions Judge.

**442. High Court's powers of revision.—(1) In the case of any proceeding the record of which has**

been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion,
exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court
of Session by section 344, and, when the Judges composing the Court of revision are equally divided in
opinion, the case shall be disposed of in the manner provided by section 433.

(2) No order under this section shall be made to the prejudice of the accused or other person unless he

has had an opportunity of being heard either personally or by advocate in his own defence.

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

into one of conviction.

(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision

shall be entertained at the instance of the party who could have appealed.

(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High

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

**443. Power of High Court to withdraw or transfer revision cases.—(1) Whenever one or more**

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

(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with

the same as if it were an application duly made before itself.

(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal

with the same as if it were an application duly made before himself.

(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further

application for revision shall lie to the High Court or to any other Court at the instance of the person or
persons whose applications for revision have been disposed of by the Sessions Judge.

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**444. Option of Court to hear parties.—Save as otherwise expressly provided by this Sanhita, no party**

has any right to be heard either personally or by an advocate before any Court exercising its powers of
revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally
or by an advocate.

**445. High Court's order to be certified to lower Court.—When a case is revised under this Chapter**

by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its
decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and
the Court to which the decision or order is so certified shall thereupon make such orders as are conformable
to the decision so certified, and, if necessary, the record shall be amended in accordance therewith.

CHAPTER XXXIII

TRANSFER OF CRIMINAL CASES

**446. Power of Supreme Court to transfer cases and appeals.—(1) Whenever it is made to appear to**

the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any
particular case or appeal be transferred from one High Court to another High Court or from a Criminal
Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate
to another High Court.

(2) The Supreme Court may act under this section only on the application of the Attorney-General of

India or of a party interested, and every such application shall be made by motion, which shall, except when
the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by
affidavit or affirmation.

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the

Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant
to pay by way of compensation to any person who has opposed the application such sum as it may consider
appropriate in the circumstances of the case.

**447. Power of High Court to transfer cases and appeals.—(1) Whenever it is made to appear to the**

High Court—

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

or

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

(c) that an order under this section is required by any provision of this Sanhita, or will tend to the

general convenience of the parties or witnesses, or is expedient for the ends of justice,

it may order—

(i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205

(both inclusive), but in other respects competent to inquire into or try such offence;

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal

Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;

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

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

(2) The High Court may act either on the report of the lower Court, or on the application of a party

interested, or on its own initiative:

Provided that no application shall lie to the High Court for transferring a case from one Criminal Court

to another Criminal Court in the same sessions division, unless an application for such transfer has been
made to the Sessions Judge and rejected by him.

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

when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation.

(4) When such application is made by an accused person, the High Court may direct him to execute a

bond or bail bond for the payment of any compensation which the High Court may award under
sub-section (7).

(5) Every accused person making such application shall give to the Public Prosecutor notice in writing

of the application, together with a copy of the grounds on which it is made; and no order shall be made on
the merits of the application unless at least twenty-four hours have elapsed between the giving of such
notice and the hearing of the application.

(6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High

Court may, if it is satisfied that it is necessary so to do in the interest of justice, order that, pending the
disposal of the application the proceedings in the subordinate Court shall be stayed, on such terms as the
High Court may think fit to impose:

Provided that such stay shall not affect the subordinate Court's power of remand under section 346.

(7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of

opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation
to any person who has opposed the application such sum as it may consider proper in the circumstances of
the case.

(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial

before itself, it shall observe in such trial the same procedure which that Court would have observed if the
case had not been so transferred.

(9) Nothing in this section shall be deemed to affect any order of the Government under section 218.

**448. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to**

a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that
any particular case be transferred from one Criminal Court to another Criminal Court in his sessions
division.

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party

interested, or on his own initiative.

(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to

an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an
application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7)
of that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten
thousand rupees” were substituted.

**449. Withdrawal of cases and appeals by Sessions Judges.—(1) A Sessions Judge may withdraw**

any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate
subordinate to him.

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the

Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any
Additional Sessions Judge.

(3) Where a Sessions Judge withdraws or recalls case or appeal under sub-section (1) or

sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in
accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be.

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**450. Withdrawal of cases by Judicial Magistrates.—(1) Any Chief Judicial Magistrate may**

withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him,
and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate
competent to inquire into or try the same.

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212

to any other Magistrate and may inquire into or try such cases himself.

**451. Making over or withdrawal of cases by Executive Magistrates.—Any District Magistrate or**

Sub-divisional Magistrate may—

(a) make over, for disposal, any proceeding which has been started before him, to any Magistrate

subordinate to him;

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate

to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate.

# 452. Reasons to be recorded.—A Sessions Judge or Magistrate making an order under section 448,

section 449, section 450 or section 451 shall record his reasons for making it.

CHAPTER XXXIV

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES

_A.—Death sentences_

**453. Execution of order passed under section 409.—When in a case submitted to the High Court for**

the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other
order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or
taking such other steps as may be necessary.

**454. Execution of sentence of death passed by High Court.—When a sentence of death is passed by**

the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court,
cause the sentence to be carried into effect by issuing a warrant.

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

**Court.—(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies**
[to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution,](javascript:fnOpenLinkPopUp('784','17057');)
the High Court shall order the execution of the sentence to be postponed until the period allowed for
preferring such appeal has expired, or if, an appeal is preferred within that period, until such appeal is
disposed of.

(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced

[makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause](javascript:fnOpenLinkPopUp('784','17055');)
[(c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence](javascript:fnOpenLinkPopUp('784','17057');)
to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such
application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has
expired.

(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied

that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave
[to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to](javascript:fnOpenLinkPopUp('784','17060');)
be postponed for such period as it considers sufficient to enable him to present such petition.

**456. Commutation of sentence of death on pregnant woman.—If a woman sentenced to death is**

found to be pregnant, the High Court shall commute the sentence to imprisonment for life.

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_B.—Imprisonment_

**457. Power to appoint place of imprisonment.—(1) Except when otherwise provided by any law for**

the time being in force, the State Government may direct in what place any person liable to be imprisoned
or committed to custody under this Sanhita shall be confined.

(2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement

in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person
be removed to a criminal jail.

(3) When a person is removed to a criminal jail under sub-section (2), he shall, on being released

therefrom, be sent back to the civil jail, unless either—

(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be

[deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908](javascript:fnOpenLinkPopUp('787','20247');)
(5 of 1908); or

(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge

[of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure,](javascript:fnOpenLinkPopUp('787','20247');)
1908 (5 of 1908).

**458. Execution of sentence of imprisonment.—(1) Where the accused is sentenced to imprisonment**

for life or to imprisonment for a term in cases other than those provided for by section 453, the Court
passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be,
confined, and, unless the accused is already confined in such jail or other place, shall forward him to such
jail or other place, with the warrant:

Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be

necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the
Court may direct.

(2) Where the accused is not present in Court when he is sentenced to such imprisonment as is

mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding
him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence
on the date of his arrest.

**459. Direction of warrant for execution.—Every warrant for the execution of a sentence of**

imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or
is to be, confined.

**460. Warrant with whom to be lodged.—When the prisoner is to be confined in a jail, the warrant**

shall be lodged with the jailor.

_Levy of fine_

**461. Warrant for levy of fine.—(1) When an offender has been sentenced to pay a fine, but no such**

payment has been made, the Court passing the sentence may take action for the recovery of the fine in either
or both of the following ways, that is to say, it may—

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property

belonging to the offender;

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears

of land revenue from the movable or immovable property, or both, of the defaulter:

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned,

and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant
unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an
order for the payment of expenses or compensation out of the fine under section 395.

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(2) The State Government may make rules regulating the manner in which warrants under clause (a) of

sub-section (1) are to be executed, and for the summary determination of any claims made by any person
other than the offender in respect of any property attached in execution of such warrant.

(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector

shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if
such warrant were a certificate issued under such law:

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender.

**462. Effect of such warrant.—A warrant issued under clause (a) of sub-section (1) of section 461 by**

any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment
and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within
whose local jurisdiction such property is found.

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

**extend.—Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an**
offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does
not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories
to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue,
such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a
Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section
as to the execution of such warrant shall apply accordingly.

**464. Suspension of execution of sentence of imprisonment.—(1) When an offender has been**

sentenced to fine only and to imprisonment in default of payment of the fine, and the fine is not paid
forthwith, the Court may—

(a) order that the fine shall be payable either in full on or before a date not more than thirty days

from the date of the order, or in two or three installments, of which the first shall be payable on or
before a date not more than thirty days from the date of the order and the other or others at an interval
or at intervals, as the case may be, of not more than thirty days;

(b) suspend the execution of the sentence of imprisonment and release the offender, on the

execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance
before the Court on the date or dates on or before which payment of the fine or the installments thereof,
as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may
be, is not realised on or before the latest date on which it is payable under the order, the Court may
direct the sentence of imprisonment to be carried into execution at once.

(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the

payment of money has been made on non-recovery of which imprisonment may be awarded and the money
is not paid forthwith; and, if the person against whom the order has been made, on being required to enter
into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of
imprisonment.

_D.—General provisions regarding execution_

**465. Who may issue warrant.—Every warrant for the execution of a sentence may be issued either by**

the Judge or Magistrate who passed the sentence, or by his successor-in-office.

**466. Sentence on escaped convict when to take effect.—(1) When a sentence of death, imprisonment**

for life or fine is passed under this Sanhita on an escaped convict, such sentence shall, subject to the
provisions hereinbefore contained, take effect immediately.

(2) When a sentence of imprisonment for a term is passed under this Sanhita on an escaped

convict, —

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(a) if such sentence is severer in kind than the sentence which such convict was undergoing when

he escaped, the new sentence shall take effect immediately;

(b) if such sentence is not severer in kind than the sentence which such convict was undergoing

when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further
period equal to that which, at the time of his escape, remained unexpired of his former sentence.

(3) For the purposes of sub-section (2), a sentence of rigorous imprisonment shall be deemed to be

severer in kind than a sentence of simple imprisonment.

**467. Sentence on offender already sentenced for another offence.—(1) When a person already**

undergoing a sentence of imprisonment is sentenced on a subsequent conviction to imprisonment or
imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the
imprisonment to which he has been previously sentenced, unless the Court directs that the subsequent
sentence shall run concurrently with such previous sentence:

Provided that where a person who has been sentenced to imprisonment by an order under section 141

in default of furnishing security is, whilst undergoing such sentence, sentenced to imprisonment for an
offence committed prior to the making of such order, the latter sentence shall commence immediately.

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent

conviction to imprisonment for a term or imprisonment for life, the subsequent sentence shall run
concurrently with such previous sentence.

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

Where an accused person has, on conviction, been sentenced to imprisonment for a term, not being
imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the
investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against
the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo
imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment
imposed on him:

Provided that in cases referred to in section 475, such period of detention shall be set off against the

period of fourteen years referred to in that section.

**469. Saving.—(1) Nothing in section 466 or section 467 shall be held to excuse any person from any**

part of the punishment to which he is liable upon his former or subsequent conviction.

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence

of imprisonment and the person undergoing the sentence is after its execution to undergo a further
substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award
of imprisonment in default of payment of the fine until the person has undergone the further sentence or
sentences.

**470. Return of warrant on execution of sentence.—When a sentence has been fully executed, the**

officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under
his hand certifying the manner in which the sentence has been executed.

**471. Money ordered to be paid recoverable as a fine.—Any money (other than a fine) payable by**

virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly
provided for, shall be recoverable as if it were a fine:

Provided that section 461 shall, in its application to an order under section 400, by virtue of this section,

be construed as if in the proviso to sub-section (1) of section 461, after the words and figures “under section
395”, the words and figures “or an order for payment of costs under section 400” had been inserted.

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_E.—Suspension, remission and commutation of sentences_

**472. Mercy petition in death sentence cases.—(1) A convict under the sentence of death or his legal**

heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition
[before the President of India under article 72 or the Governor of the State under article 161 of the](javascript:fnOpenLinkPopUp('784','16989');)
Constitution within a period of thirty days from the date on which the Superintendent of the jail, —

(i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme

Court; or

(ii) informs him about the date of confirmation of the sentence of death by the High Court and the

time allowed to file an appeal or special leave in the Supreme Court has expired.

(2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or

disposal by the Governor, the petition shall be made to the President within a period of sixty days from the
date of rejection or disposal of such petition.

(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case

there are more than one convict in a case, also files the mercy petition within a period of sixty days and on
non-receipt of such petition from the other convicts, Superintendent of the jail shall send the names,
addresses, copy of the record of the case and all other details of the case to the Central Government or the
State Government for consideration along with the said mercy petition.

(4) The Central Government shall, on receipt of the mercy petition seek the comments of the State

Government and consider the petition along with the records of the case and make recommendations to the
President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt
of comments of the State Government and records from Superintendent of the Jail.

(5) The President may, consider, decide and dispose of the mercy petition and, in case there are more

than one convict in a case, the petitions shall be decided by the President together in the interests of justice.

(6) Upon receipt of the order of the President on the mercy petition, the Central Government shall

within forty-eight hours, communicate the same to the Home Department of the State Government and the
Superintendent of the jail or officer in charge of the jail.

(7) No appeal shall lie in any Court against the order of the President or of the Governor made

[under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of](javascript:fnOpenLinkPopUp('784','16989');)
the decision by the President or the Governor shall not be inquired into in any Court.

**473. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment**

for an offence, the appropriate Government may, at any time, without conditions or upon any conditions
which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part
of the punishment to which he has been sentenced.

(2) Whenever an application is made to the appropriate Government for the suspension or remission of

a sentence, the appropriate Government may require the presiding Judge of the Court before or by which
the conviction was had or confirmed, to state his opinion as to whether the application should be granted or
refused, together with his reasons for such opinion and also to forward with the statement of such opinion
a certified copy of the record of the trial or of such record thereof as exists.

(3) If any condition on which a sentence has been suspended or remitted is, in the opinion of the

appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission,
and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be
arrested by any police officer, without warrant and remanded to undergo the unexpired portion of the
sentence.

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(4) The condition on which a sentence is suspended or remitted under this section may be one to be

fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his
will.

(5) The appropriate Government may, by general rules or special orders, give directions as to the

suspension of sentences and the conditions on which petitions should be presented and dealt with:

Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the

age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall
be entertained, unless the person sentenced is in jail, and—

(a) where such petition is made by the person sentenced, it is presented through the officer in charge

of the jail; or

(b) where such petition is made by any other person, it contains a declaration that the person

sentenced is in jail.

(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court

under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes
any liability upon him or his property.

(7) In this section and in section 474, the expression “appropriate Government” means,—

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6)

is passed under, any law relating to a matter to which the executive power of the Union extends, the
Central Government;

(b) in other cases, the Government of the State within which the offender is sentenced or the said

order is passed.

**474. Power to commute sentence.—The appropriate Government may, without the consent of the**

person sentenced, commute—

(a) a sentence of death, for imprisonment for life;

(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years;

(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than

three years;

(d) a sentence of imprisonment for less than seven years, for fine;

(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person

might have been sentenced.

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

anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a
person for an offence for which death is one of the punishments provided by law, or where a sentence of
death imposed on a person has been commuted under section 474 into one of imprisonment for life, such
person shall not be released from prison unless he had served at least fourteen years of imprisonment.

**476. Concurrent power of Central Government in case of death sentences.—The powers conferred**

by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised
by the Central Government.

**477. State Government to act after concurrence with Central Government in certain cases.—(1)**

The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence,
in any case where the sentence is for an offence—

(a) which was investigated by any agency empowered to make investigation into an offence under

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any Central Act other than this Sanhita; or

(b) which involved the misappropriation or destruction of, or damage to, any property belonging to

the Central Government; or

(c) which was committed by a person in the service of the Central Government while acting or

purporting to act in the discharge of his official duty,

shall not be exercised by the State Government except after concurrence with the Central Government.

(2) No order of suspension, remission or commutation of sentences passed by the State Government in

relation to a person, who has been convicted of offences, some of which relate to matters to which the
executive power of the Union extends, and who has been sentenced to separate terms of imprisonment
which are to run concurrently, shall have effect unless an order for the suspension, remission or
commutation, as the case may be, of such sentences has also been made by the Central Government in
relation to the offences committed by such person with regard to matters to which the executive power of
the Union extends.

CHAPTER XXXV

PROVISIONS AS TO BAIL AND BONDS

**478. In what cases bail to be taken.—(1) When any person other than a person accused of a non-**

bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears
or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage
of the proceeding before such Court to give bail, such person shall be released on bail:

Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and

is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a
bond for his appearance as hereinafter provided.

_Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it_

shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the
purposes of this proviso:

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3)

of section 135 or section 492.

(2) Notwithstanding anything in sub-section (1), where a person has failed to comply with the

conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to
release him on bail, when on a subsequent occasion in the same case he appears before the Court or is
brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon
any person bound by such bond or bail bond to pay the penalty thereof under section 491.

**479. Maximum period for which under trial prisoner can be detained.—(1) Where a person has,**

during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being
an offence for which the punishment of death or life imprisonment has been specified as one of the
punishments under that law) undergone detention for a period extending up to one-half of the maximum
period of imprisonment specified for that offence under that law, he shall be released by the Court on bail:

Provided that where such person is a first-time offender (who has never been convicted of any offence

in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending
up to one-third of the maximum period of imprisonment specified for such offence under that law:

Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded

by it in writing, order the continued detention of such person for a period longer than one-half of the said
period or release him on bail bond instead of his bond:

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Provided also that no such person shall in any case be detained during the period of investigation,

inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that
law.

_Explanation.—In computing the period of detention under this section for granting bail, the period of_

detention passed due to delay in proceeding caused by the accused shall be excluded.

(2) Notwithstanding anything in sub-section (1), and subject to the third proviso thereof, where an

investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he
shall not be released on bail by the Court.

(3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one
third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in
writing to the Court to proceed under sub-section (1) for the release of such person on bail.

**480. When bail may be taken in case of non-bailable offence.—(1) When any person accused of, or**

suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an
officer in charge of a police station or appears or is brought before a Court other than the High Court or
Court of Session, he may be released on bail, but—

(i) such person shall not be so released if there appear reasonable grounds for believing that he has

been guilty of an offence punishable with death or imprisonment for life;

(ii) such person shall not be so released if such offence is a cognizable offence and he had been

previously convicted of an offence punishable with death, imprisonment for life or imprisonment for
seven years or more, or he had been previously convicted on two or more occasions of a cognizable
offence punishable with imprisonment for three years or more but less than seven years:

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on

bail if such person is a child or is a woman or is sick or infirm:

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail

if it is satisfied that it is just and proper so to do for any other special reason:

Provided also that the mere fact that an accused person may be required for being identified by

witnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient
ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking
that he shall comply with such directions as may be given by the Court:

Provided also that no person shall, if the offence alleged to have been committed by him is punishable

with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court
under this sub-section without giving an opportunity of hearing to the Public Prosecutor.

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case

may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable
offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to
the provisions of section 492 and pending such inquiry, be released on bail, or, at the discretion of such
officer or Court, on the execution by him of a bond for his appearance as hereinafter provided.

(3) When a person accused or suspected of the commission of an offence punishable with imprisonment

which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII
of the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence,
is released on bail under sub-section (1), the Court shall impose the conditions,-
(a) that such person shall attend in accordance with the conditions of the bond executed under this

Chapter;

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(b) that such person shall not commit an offence similar to the offence of which he is accused, or

suspected, of the commission of which he is suspected; and

(c) that such person shall not directly or indirectly make 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 any police officer or tamper with the evidence,

and may also impose, in the interests of justice, such other conditions as it considers necessary.

(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall

record in writing his or its reasons or special reasons for so doing.

(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it

considers it necessary so to do, direct that such person be arrested and commit him to custody.

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is

not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such
person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction
of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.

(7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and

before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that
the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution
by him of a bond for his appearance to hear judgment delivered.

**481. Bail to require accused to appear before next Appellate Court.—(1) Before conclusion of the**

trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may
be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when
such Court issues notice in respect of any appeal or petition filed against the judgment of the respective
Court and such bond shall be in force for six months.

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall

apply.

**482. Direction for grant of bail to person apprehending arrest.—(1) When any person has reason**

to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may
apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it
thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include

such conditions in such directions in the light of the facts of the particular case, as it may think fit,
including—

(i) a condition that the person shall make himself available for interrogation by a police officer as

and when required;

(ii) a condition that the person shall not, directly or indirectly, make 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 any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were

granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on

such accusation, and is prepared either at the time of arrest or at any time while in the custody of such
officer to give bail, he shall be released on bail; and if a Magistrate taking cognizance of such offence

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decides that a warrant should be issued in the first instance against that person, he shall issue a bailable
warrant in conformity with the direction of the Court under sub-section (1).

(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of

having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya
Sanhita, 2023.

**483. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court**

of Session may direct,—

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the

nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary
for the purposes mentioned in that sub-section;

(b) that any condition imposed by a Magistrate when releasing any person on bail be set aside or

modified:

Provided that the High Court or the Court of Session shall, before granting bail to a person who is

accused of an offence which is triable exclusively by the Court of Session or which, though not so triable,
is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor
unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice:

Provided further that the High Court or the Court of Session shall, before granting bail to a person who

[is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya](javascript:fnOpenLinkPopUp('41840','948052');)
Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days
from the date of receipt of the notice of such application.

(2) The presence of the informant or any person authorised by him shall be obligatory at the time of

[hearing of the application for bail to the person under section 65 or sub-section (2) of section 70 of the](javascript:fnOpenLinkPopUp('41840','948052');)
Bharatiya Nyaya Sanhita, 2023.

(3) A High Court or Court of Session may direct that any person who has been released on bail under

this Chapter be arrested and commit him to custody.

**484. Amount of bond and reduction thereof.—(1) The amount of every bond executed under this**

Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive.

(2) The High Court or the Court of Session may direct that the bail required by a police officer or

Magistrate be reduced.

**485. Bond of accused and sureties.—(1) Before any person is released on bond or bail bond, a bond**

for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed
by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned
that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend
until otherwise directed by the police officer or Court, as the case may be.

(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall

also contain that condition.

(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear

when called upon at the High Court, Court of Session or other Court to answer the charge.

(4) For the purpose of determining whether the sureties are fit or sufficient, the Court may accept

affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it
considers necessary, may either hold an enquiry itself or cause an inquiry to be made by a Magistrate
subordinate to the Court, as to such sufficiency or fitness.

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**486. Declaration by sureties.—Every person standing surety to an accused person for his release on**

bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety
including the accused, giving therein all the relevant particulars.

**487. Discharge from custody.—(1) As soon as the bond or bail bond has been executed, the person**

for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him
to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the
orders shall release him.

(2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any

person liable to be detained for some matter other than that in respect of which the bond or bail bond was
executed.

# 488. Power to order sufficient bail when that first taken is insufficient.—If, through mistake,

fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the
Court may issue a warrant of arrest directing that the person released on bail be brought before it and may
order him to find sufficient sureties, and, on his failing so to do, may commit him to jail.

**489. Discharge of sureties.—(1) All or any sureties for the attendance and appearance of a person**

released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as
relates to the applicants.

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the

person so released be brought before him.

(3) On the appearance of such person pursuant to the warrant, or on his voluntary surrender, the

Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and
shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail.

**490. Deposit instead of recognizance.—When any person is required by any Court or officer to**

execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour,
permit him to deposit a sum of money or Government promissory notes to such amount as the Court or
officer may fix in lieu of executing such bond.

**491. Procedure when bond has been forfeited.—(1) Where, —**

(a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it

is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been
transferred, that the bond has been forfeited; or

(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by

which the bond was taken, or of any Court to which the case has subsequently been transferred, or of
the Court of any Magistrate of the first class, that the bond has been forfeited,

the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay
the penalty thereof or to show cause why it should not be paid.

_Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall_

be construed as including a condition for appearance, or as the case may be, for production of property,
before any Court to which the case may subsequently be transferred.

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the

same as if such penalty were a fine imposed by it under this Sanhita:

Provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the

person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to
imprisonment in civil jail for a term which may extend to six months.

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(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned

and enforce payment in part only.

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all

liability in respect of the bond.

(5) Where any person who has furnished security under section 125 or section 136 or section 401 is

convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a
bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which
he was convicted of such offence may be used as evidence in proceedings under this section against his
surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was
committed by him unless the contrary is proved.

**492. Cancellation of bond and bail bond.—Without prejudice to the provisions of section 491, where**

a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach
of a condition,—

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his

sureties in that case shall stand cancelled; and

(b) thereafter no such person shall be released only on his own bond in that case, if the police officer

or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that
there was no sufficient cause for the failure of the person bound by the bond to comply with its
condition:

Provided that subject to any other provisions of this Sanhita he may be released in that case upon the

execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the
police officer or the Court, as the case may be, thinks sufficient.

**493. Procedure in case of insolvency or death of surety or when a bond is forfeited.—When any**

surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the
provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class
may order the person from whom such security was demanded to furnish fresh security in accordance with
the directions of the original order, and if such security is not furnished, such Court or Magistrate may
proceed as if there had been a default in complying with such original order.

**494. Bond required from child.—When the person required by any Court, or officer to execute a bond**

is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only.

**495. Appeal from orders under section 491.—All orders passed under section 491 shall be**

appealable,—

(i) in the case of an order made by a Magistrate, to the Sessions Judge;

(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an

order made by such Court.

**496. Power to direct levy of amount due on certain recognizances.—The High Court or Court of**

Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such
High Court or Court of Session.

CHAPTER XXXVI

DISPOSAL OF PROPERTY

**497. Order for custody and disposal of property pending trial in certain cases.—(1) When any**

property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit
the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order
as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry

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or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do,
the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or
otherwise disposed of.

_Explanation.—For the purposes of this section, “property” includes—_

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

(b) any property regarding which an offence appears to have been committed or which appears to

have been used for the commission of any offence.

(2) The Court or the Magistrate shall, within a period of fourteen days from the production of the

property referred to in sub-section (1) before it, prepare a statement of such property containing its
description in such form and manner as the State Government may, by rules, provide.

(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on

mobile phone or any electronic media, of the property referred to in sub-section (1).

(4) The statement prepared under sub-section (2) and the photograph or the videography taken under

sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita.

(5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared

under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order
the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter.

**498. Order for disposal of property at conclusion of trial.—(1) When an investigation, inquiry or**

trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for
the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession
thereof or otherwise, of any property or document produced before it or in its custody, or regarding which
any offence appears to have been committed, or which has been used for the commission of any offence.

(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming

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

(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property

to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in
sections 503, 504 and 505.

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond

has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried
out for two months, or when an appeal is presented, until such appeal has been disposed of.

(5) In this section, the term “property” includes, in the case of property regarding which an offence

appears to have been committed, not only such property as has been originally in the possession or under
the control of any party, but also any property into or for which the same may have been converted or
exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise.

**499. Payment to innocent purchaser of money found on accused.—When any person is convicted**

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

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**500. Appeal against orders under section 498 or section 499.—(1) Any person aggrieved by an order**

made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which
appeals ordinarily lie from convictions by the former Court.

(2) On such appeal, the Appellate Court may direct the order to be stayed pending disposal of the

appeal, or may modify, alter or annul the order and make any further orders that may be just.

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation

or revision while dealing with the case in which the order referred to in sub-section (1) was made.

**[501. Destruction of libellous and other matter.—(1) On a conviction under section 294, section 295,](javascript:fnOpenLinkPopUp('41840','948299');)**

[or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the](javascript:fnOpenLinkPopUp('41840','948377');)
destruction of all the copies of the thing in respect of which the conviction was had, and which are in the
custody of the Court or remain in the possession or power of the person convicted.

[(2) The Court may, in like manner, on a conviction under section 274, section 275, section 276](javascript:fnOpenLinkPopUp('41840','948279');)

[or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in](javascript:fnOpenLinkPopUp('41840','948282');)
respect of which the conviction was had, to be destroyed.

**502. Power to restore possession of immovable property.—(1) When a person is convicted of an**

offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court
that, by such use of force or show of force or intimidation, any person has been dispossessed of any
immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that
person after evicting by force, if necessary, any other person who may be in possession of the property:

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

conviction.

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal,

confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or
revision, as the case may be.

(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in

relation thereto as they apply in relation to an order under section 499.

(4) No order made under this section shall prejudice any right or interest to or in such immovable

property which any person may be able to establish in a civil suit.

**503. Procedure by police upon seizure of property.—(1) Whenever the seizure of property by any**

police officer is reported to a Magistrate under the provisions of this Sanhita, and such property is not
produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he
thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to
the possession thereof, or if such person cannot be ascertained, respecting the custody and production of
such property.

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on

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

**504. Procedure where no claimant appears within six months.—(1) If no person within such period**

establishes his claim to such property, and if the person in whose possession such property was found is
unable to show that it was legally acquired by him, the Magistrate may by order direct that such property
shall be at the disposal of the State Government and may be sold by that Government and the proceeds of
such sale shall be dealt with in such manner as the State Government may, by rules, provide.

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

convictions by the Magistrate.

**505. Power to sell perishable property.—If the person entitled to the possession of such property is**

unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its
seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such
property is less than ten thousand rupees, the Magistrate may at any time direct it to be sold; and the
provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such
sale.

CHAPTER XXXVII

IRREGULAR PROCEEDINGS

**506. Irregularities which do not vitiate proceedings.—If any Magistrate not empowered by law to**

do any of the following things, namely:—

(a) to issue a search-warrant under section 97;

(b) to order, under section 174, the police to investigate an offence;

(c) to hold an inquest under section 196;

(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction

who has committed an offence outside the limits of such jurisdiction;

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;

(f) to make over a case under sub-section (2) of section 212;

(g) to tender a pardon under section 343;

(h) to recall a case and try it himself under section 450; or

(i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his

proceedings shall not be set aside merely on the ground of his not being so empowered.

**507. Irregularities which vitiate proceedings.—If any Magistrate, not being empowered by law in**

this behalf, does any of the following things, namely:—

(a) attaches and sells property under section 85;

(b) issues a search-warrant for a document, parcel or other things in the custody of a postal

authority;

(c) demands security to keep the peace;

(d) demands security for good behaviour;

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

(f) cancels a bond to keep the peace;

(g) makes an order for maintenance;

(h) makes an order under section 152 as to a local nuisance;

(i) prohibits, under section 162, the repetition or continuance of a public nuisance;

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

(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210;

(l) tries an offender;

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(m) tries an offender summarily;

(n) passes a sentence, under section 364, on proceedings recorded by another Magistrate;

(o) decides an appeal;

(p) calls, under section 438, for proceedings; or

(q) revises an order passed under section 491,

his proceedings shall be void.

**508. Proceedings in wrong place.—No finding, sentence or order of any Criminal Court shall be set**

aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived
at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it
appears that such error has in fact occasioned a failure of justice.

**509. Non-compliance with provisions of section 183 or section 316.—(1) If any Court before which**

a confession or other statement of an accused person recorded, or purporting to be recorded under section
183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either
of such sections have not been complied with by the Magistrate recording the statement, it may,
[notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence](javascript:fnOpenLinkPopUp('41841','948496');)
in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the
accused in his defence on the merits and that he duly made the statement recorded, admit such statement.

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

**510. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or**

order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was
framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of
charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in
fact been occasioned thereby.

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

occasioned, it may,—

(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be

recommenced from the point immediately after the framing of the charge;

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon

a charge framed in whatever manner it thinks fit:

Provided that if the Court is of opinion that the facts of the case are such that no valid charge could

be preferred against the accused in respect of the facts proved, it shall quash the conviction.

**511. Finding or sentence when reversible by reason of error, omission or irregularity.—(1) Subject**

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

(2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or

any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court
shall have regard to the fact whether the objection could and should have been raised at an earlier stage in
the proceedings.

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**512. Defect or error not to make attachment unlawful.—No attachment made under this Sanhita**

shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any
defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto.

CHAPTER XXXVIII

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

**513. Definitions.—For the purposes of this Chapter, unless the context otherwise requires, “period of**

limitation” means the period specified in section 514 for taking cognizance of an offence.

**514. Bar to taking cognizance after lapse of period of limitation.—(1) Except as otherwise provided**

in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2),
after the expiry of the period of limitation.

(2) The period of limitation shall be—

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

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

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but

not exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried

together, shall be determined with reference to the offence which is punishable with the more severe
punishment or, as the case may be, the most severe punishment.

_Explanation.—For the purpose of computing the period of limitation, the relevant date shall be the date_

of filing complaint under section 223 or the date of recording of information under section 173.

**515. Commencement of period of limitation.—(1) The period of limitation, in relation to an offender,**

shall commence,—

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or

to any police officer, the first day on which such offence comes to the knowledge of such person or to
any police officer, whichever is earlier; or

(c) where it is not known by whom the offence was committed, the first day on which the identity

of the offender is known to the person aggrieved by the offence or to the police officer making
investigation into the offence, whichever is earlier.

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

**516. Exclusion of time in certain cases.—(1) In computing the period of limitation, the time during**

which any person has been prosecuting with due diligence another prosecution, whether in a Court of first
instance or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is

prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is
unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction

or order, then, in computing the period of limitation, the period of the continuance of the injunction or order,
the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time

being in force, the previous consent or sanction of the Government or any other authority is required for
the institution of any prosecution for an offence, then, in computing the period of limitation, the period of

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such notice or, as the case may be, the time required for obtaining such consent or sanction shall be
excluded.

_Explanation.—In computing the time required for obtaining the consent or sanction of the Government_

or any other authority, the date on which the application was made for obtaining the consent or sanction
and the date of receipt of the order of the Government or other authority shall both be excluded.

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

(a) has been absent from India or from any territory outside India which is under the administration

of the Central Government; or

(b) has avoided arrest by absconding or concealing himself,

shall be excluded.

**517. Exclusion of date on which Court is closed.—Where the period of limitation expires on a day**

when the Court is closed, the Court may take cognizance on the day on which the Court reopens.

_Explanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if,_

during its normal working hours, it remains closed on that day.

**518. Continuing offence.—In the case of a continuing offence, a fresh period of limitation shall begin**

to run at every moment of the time during which the offence continues.

**519. Extension of period of limitation in certain cases.—Notwithstanding anything contained in the**

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

CHAPTER XXXIX

MISCELLANEOUS

**520. Trials before High Courts.—When an offence is tried by the High Court otherwise than under**

section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would
observe if it were trying the case.

**521. Delivery to commanding officers of persons liable to be tried by Court-martial.—(1) The**

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

_Explanation.—In this section—_

(a) “unit” includes a regiment, corps, ship, detachment, group, battalion or company;

(b) “Court-martial” includes any Tribunal with the powers similar to those of a Court-martial

constituted under the relevant law applicable to the Armed Forces of the Union.

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(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding

officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his
utmost endeavours to apprehend and secure any person accused of such offence.

(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State

be brought before a Court-martial for trial or to be examined touching any matter pending before the Courtmartial.

**[522. Forms.—Subject to the power conferred by article 227 of the Constitution, the forms set forth in](javascript:fnOpenLinkPopUp('784','17165');)**

the Second Schedule, with such variations as the circumstances of each case require, may be used for the
respective purposes therein mentioned, and if used shall be sufficient.

**523. Power of High Court to make rules.—(1) Every High Court may, with the previous approval of**

the State Government, make rules—

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

subordinate to it;

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

of fees to be charged by them;

(c) providing a penalty for a contravention of any of the rules so made and determining the authority

by which such contravention may be investigated and the penalties imposed;

(d) any other matter which is required to be, or may be, provided by rules made by the State

Government.

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

**524. Power to alter functions allocated to Executive Magistrate in certain cases.—If the Legislative**

Assembly of a State by a resolution so permits, the State Government may, after consultation with the High
Court, by notification, direct that references in sections 127, 128, 129, 164 and 166 to an Executive
Magistrate shall be construed as references to a Judicial Magistrate of the first class.

**525. Cases in which Judge or Magistrate is personally interested.—No Judge or Magistrate shall,**

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

_Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in,_

any case by reason only that he is concerned therein in a public capacity, or by reason only that he has
viewed the place in which an offence is alleged to have been committed, or any other place in which any
other transaction material to the case is alleged to have occurred, and made an inquiry in connection with
the case.

**526. Practising advocate not to sit as Magistrate in certain Courts.—No advocate who practices in**

the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction
of that Court.

**527. Public servant concerned in sale not to purchase or bid for property.—A public servant having**

any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid
for the property.

**528. Saving of inherent powers of High Court.—Nothing in this Sanhita shall be deemed to limit or**

affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any
order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of
justice.

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

shall so exercise its superintendence over the Courts of Session and Courts of Judicial Magistrates
subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and
Magistrates.

**530. Trial and proceedings to be held in electronic mode.—All trials, inquires and proceedings under**

this Sanhita, including—

(i) issuance, service and execution of summons and warrant;

(ii) examination of complainant and witnesses;

(iii) recording of evidence in inquiries and trials; and

(iv) all appellate proceedings or any other proceeding,

may be held in electronic mode, by use of electronic communication or use of audio-video electronic means.

**531. Repeal and savings.—(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed.**

(2) Notwithstanding such repeal—

(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal,

application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or
investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such
commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;

(b) all notifications published, proclamations issued, powers conferred, forms provided by rules,

local jurisdictions defined, sentences passed and orders, rules and appointments, not being
appointments as Special Magistrates, made under the said Code and which are in force immediately
before the commencement of this Sanhita, shall be deemed, respectively, to have been published,
issued, conferred, specified, defined, passed or made under the corresponding provisions of this
Sanhita;

(c) any sanction accorded or consent given under the said Code in pursuance of which no

proceeding was commenced under that Code, shall be deemed to have been accorded or given under
the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in
pursuance of such sanction or consent.

(3) Where the period specified for an application or other proceeding under the said Code had expired

on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any
such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact
that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the
extension of time.

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THE FIRST SCHEDULE

CLASSIFICATION OF OFFENCES

EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the

second and third columns against a section the number of which is given in the
first column are not intended as the definition of, and the punishment
prescribed for, the offence in the Bharatiya Nyaya Sanhita, but merely as
indication of the substance of the section.

(2) In this Schedule, (i) the expression “Magistrate of the first class” and “any
Magistrate” does not include Executive Magistrates; (ii) the word
“cognizable” stands for “a police officer may arrest without warrant”; and (iii)
the word “non-cognizable” stands for “a police officer shall not arrest without
warrant”.

I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA


Section Offence Punishment Cognizable or
Non-cognizable


Bailable or Nonbailable


By what Court
triable


1 2 3 4 5 6


# 49 Abetment of any offence, Same as for
if the act abetted is offence
committed in abetted.
consequence, and where
no express provision is
made for its punishment.

# 50 Abetment of any offence, Same as for
if the person abetted does offence
act with different abetted.
intention from that of
abettor.

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

# 52 Abettor when liable to Same as for
cumulative punishment offence
for act abetted and for act abetted.
done.

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

# 54 Abetment of any offence, Same as for
if abettor present when offence
offence is committed. committed.


According as
offence abetted
is cognizable or
non-cognizable.

According as
offence abetted
is cognizable or
non-cognizable.

According as
offence abetted
is cognizable or
non-cognizable.

According as
offence abetted
is cognizable or
non-cognizable.

According as
offence abetted
is cognizable or
non-cognizable.

According as
offence abetted
is cognizable or
non-cognizable.

173


According as Court by which
offence abetted is offence abetted is
bailable or triable.
non-bailable.

According as Court by which
offence abetted is offence abetted is
bailable or triable.
non-bailable.


According as Court by which
offence abetted is offence abetted is
bailable or triable.
non-bailable.

According as Court by which
offence abetted is offence abetted is
bailable or triable.
non-bailable.

According as Court by which
offence abetted is offence abetted is
bailable or triable.
non-bailable.

According as Court by which
offence abetted is offence abetted is
bailable or triable.
non-bailable.


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1

55


2 3 4 5 6


Abetment of an offence,

55 punishable with death or

imprisonment for life, if
the offence be not
committed in
consequence of the
abetment.

If an act which causes
harm to be done in
consequence of the
abetment.

# 56 Abetment of an offence,
punishable with
imprisonment, if the
offence be not committed
in consequence of the
abetment.


Abetment of an offence, Imprisonment According as

55 punishable with death or for 7 years and offence abetted

imprisonment for life, if fine. is cognizable or
the offence be not non-cognizable.
committed in
consequence of the
abetment.

If an act which causes Imprisonment According as
harm to be done in for 14 years offence abetted
consequence of the and fine. is cognizable or
abetment. non-cognizable.

# 56 Abetment of an offence, Imprisonment According as
punishable with extending to offence abetted
imprisonment, if the one-fourth of is cognizable or
offence be not committed the longest non-cognizable.
in consequence of the term provided
abetment. for the offence,

or fine, or both.

If the abettor or the person Imprisonment According as
abetted be a public extending to offence abetted
servant whose duty it is to one-half of the is cognizable or
prevent the offence. longest term non-cognizable.

provided for
the offence, or
fine, or both.

57 Abetting commission of Imprisonment According as
an offence by the public which may offence abetted
or by more than ten extend to 7 is cognizable or
persons. years and fine. non-cognizable.

58(a) Concealing design to Imprisonment According as
commit offence for 7 years and offence abetted
punishable with death or fine. is cognizable or
imprisonment for life, if non-cognizable.
the offence be committed.

58(b) If offence be not Imprisonment According as
committed. for 3 years and offence abetted

fine. is cognizable or

non-cognizable.

59(a) A public servant Imprisonment According as
concealing a design to extending to offence abetted
commit an offence which one-half of the is cognizable or
it is his duty to prevent, if longest term non-cognizable.
the offence be committed. provided for

the offence, or
fine, or both.

174


Imprisonment
for 7 years and
fine.

Imprisonment
for 14 years
and fine.


Non-bailable. Court by which
offence abetted is
triable.

Non-bailable. Court by which
offence abetted is
triable.

According as Court by which
offence abetted is offence abetted is
bailable or triable.
non-bailable.


According as
offence abetted is
bailable or
non-bailable.


Court by which
offence abetted is
triable.


According as Court by which
offence abetted is offence abetted is
bailable or        triable.
non-bailable.

Non-bailable. Court by which
offence abetted is
triable.

Bailable. Court by which
offence abetted is
triable.

According as Court by which
offence abetted is offence abetted is
bailable or           triable.
non-bailable.


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1 2 3 4 5 6


59(b) If the offence be
punishable with death
or imprisonment for
life.

59(c) If the offence be not
committed.

60(a) Concealing a design to
commit an offence
punishable with
imprisonment, if
offence be committed.

60(b) If the offence be not
committed.


59(b) If the offence be Imprisonment for 10 According as Non-bailable. Court by which
punishable with death years. offence abetted is offence abetted is
or imprisonment for cognizable or triable.
life. non-cognizable.

59(c) If the offence be not Imprisonment According as Bailable. Court by which
committed. extending to one- offence abetted is offence abetted is

fourth of the longest cognizable or triable.
term provided for the non-cognizable.
offence, or fine, or
both.

60(a) Concealing a design to Imprisonment According as According as Court by which
commit an offence extending to one- offence abetted is offence abetted offence abetted is
punishable with fourth of the longest cognizable or is bailable or triable.
imprisonment, if term provided for the non-cognizable. non-bailable.
offence be committed. offence, or fine, or

both.

60(b) If the offence be not Imprisonment According as Bailable. Court by which
committed. extending to one- offence abetted is offence abetted is

eighth part of the cognizable or triable.
longest term non-cognizable.
provided for the
offence, or fine, or
both.

61(2) Criminal conspiracy to Same as for According as the According as Court by which
(a) commit an offence abetment of the offence which is offence which abetment of the

punishable with death, offence which is the the object of is object of offence which is
imprisonment for life or object of the conspiracy is conspiracy is the object of
rigorous imprisonment conspiracy. cognizable or bailable or conspiracy is
for a term of 2 years or non-cognizable. non-bailable. triable.
upwards.

61(2) Any other criminal Imprisonment for 6 Non-cognizable. Bailable. Magistrate of the
(1) conspiracy. months, or fine, or first class.

both.

62 Attempting to commit One half of the According as the According as The court by
offence punishable with imprisonment for men offence is the offence which the offence
imprisonment for life, life, or imprisonment cognizable or attempted by attempted is
or imprisonment, and in not exceeding one- non-cognizable. the offender is triable.
such attempt doing any half of the longest bailable or
act towards the term, provided for non-bailable.
commission of the the offence, or fine,
offence. or both.


Imprisonment for 10
years.


175


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1 2 3 4 5 6


64(1) Rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
for not less than 10 years
but which may extend to
imprisonment for life,
and fine.

64(2) Rape by a police officer Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
or a public servant or for not less than 10 years
member of armed forces but which may extend to
or a person being on the imprisonment for life
management or on the which shall mean the
staff of a jail, remand remainder of that
home or other place of person's natural life and
custody or women's or fine.
children's institution or
by a person on the
management or on the
staff of a hospital, and
rape committed by a
person in a position of
trust or authority
towards the person
raped or by a near
relative of the person
raped.

65(1) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
offence of rape on a for not less than 20 years
woman under sixteen but which may extend to
years of age. imprisonment for life,

which shall mean
imprisonment for the
remainder of that
person's natural life and
fine.

65(2) Persons committing Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
offence of rape on a for not less than 20 years
woman under twelve but which may extend to
years of age. imprisonment for life

which shall mean
imprisonment for the
remainder of that
person's natural life and
with fine or death.

176


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# 1 2 3 4 5 6
 66 Person committing an Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
offence of rape and for not less than 20
inflicting injury which years but which may
causes death or causes the extend to imprisonment
woman to be in a for life which shall
persistent vegetative state. mean imprisonment for

the remainder of that
person's natural life or
death.

67 Sexual intercourse by Imprisonment for not Cognizable Bailable. Court of Session.
husband upon his wife less than 2 years but (only on the
during separation. which may extend to 7 complaint of

years and fine. the victim).

68 Sexual intercourse by a Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
person in authority, etc. for not less than 5 years,

but which may extend
to 10 years and fine.

# 69 Sexual intercourse by Imprisonment which Cognizable. Non-bailable. Court of Session.
employing deceitful may extend to 10 years
means, etc. and fine.

# 70(1) Gang rape. Rigorous imprisonment Cognizable. Non-bailable. Court of Session.
for not less than 20
years but which may
extend to imprisonment
for life which shall
mean imprisonment for
the remainder of that
person's natural life and
fine.

# 70(2) Gang rape on a woman Imprisonment for life Cognizable. Non-bailable. Court of Session.

under eighteen years of which shall mean
age. imprisonment for the

remainder of that
person's natural life and
with fine or with death.

# 71 Repeat offenders. Imprisonment for life Cognizable. Non-bailable. Court of Session.
which shall mean
imprisonment for the
remainder of that
person's natural life or
with death.

# 72(1) Disclosure of identity of Imprisonment for 2 Cognizable. Bailable. Any Magistrate.

the victim of certain years and fine.
offences, etc.

177


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 73 Printing or publication of Imprisonment for             Cognizable. Bailable. Any Magistrate.
a proceeding without prior 2 years and fine.
permission of court.

# 74 Assault or use of criminal Imprisonment for           Cognizable. Non-bailable. Any Magistrate.
force to woman with 1 year which may
intent to outrage her extend to 5 years and
modesty. fine.

# 75(2) Sexual harassment and Rigorous imprisonment Cognizable. Non-bailable. Court of Session.

punishment for sexual with 3 years, or fine, or
harassment specified in both.
clause (i) or clause (ii) or
clause (iii) of
sub-section (1).

# 75(3) Sexual harassment and Imprisonment for 1 Cognizable. Non-bailable. Court of Session.

punishment for sexual year, or fine, or both.
harassment specified in
clause (iv) of sub-section
(1).

76 Assault or use of criminal Imprisonment for not Cognizable. Non-bailable. Court of Session.
force to woman with less than 3 years but
intent to disrobe. which may extend to 7

years and fine.

# 77 Voyeurism. Imprisonment for not Cognizable. Bailable. Court of Session.
less than 1 year but
which may extend to 3
years and fine.

Second or subsequent Imprisonment for not Cognizable. Non-bailable. Court of Session.
conviction. less than 3 years but

which may extend to 7
years and fine.

# 78(2) Stalking. Imprisonment up to        Cognizable. Bailable.  Any Magistrate.
3 years and fine.

# Second or subsequent Imprisonment up to    Cognizable. Non-bailable. Any Magistrate. conviction. 5 years and fine.
 79 Uttering any word or Simple imprisonment Cognizable. Bailable. Any Magistrate.
making any gesture for 3 years and fine.
intended to insult the
modesty of a woman, etc.

80(2) Dowry death. Imprisonment for not Cognizable. Non-bailable. Court of Session.
less than 7 years but
which may extend to
imprisonment for life.

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

178


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82(1) Marrying again during the Imprisonment for Non-cognizable. Bailable. Magistrate of the

life time of a husband or 7 years and fine. first class.
wife.

82(2) Same offence with Imprisonment for Non-cognizable. Bailable. Magistrate of the

concealment of the former 10 years and fine. first class.
marriage from the person
with whom subsequent
marriage is contracted.

83 A person with fraudulent Imprisonment up Non-cognizable. Non-bailable. Magistrate of the
intention going through the to 7 years and fine. first class.
ceremony of being married,
knowing that he is not
thereby lawfully married.

84 Enticing or taking away or Imprisonment for Non-cognizable. Bailable. Any Magistrate.
detaining with a criminal 2 years, or fine, or
intent a married woman. both.

85 Punishment for subjecting Imprisonment for Cognizable if Non-bailable. Magistrate of the
a married woman to 3 years and fine. information relating first class.
cruelty. to the commission of

the offence is given
to an officer in
charge of a police
station by the person
aggrieved by the
offence or by any
person related to her
by blood, marriage
or adoption or if
there is no such
relative, by any
public servant
belonging to such
class or category as
may be notified by
the State
Government in this
behalf.

# 87 Kidnapping, abducting or Imprisonment for Cognizable. Non-bailable. Court of Session.
inducing woman to 10 years and fine.
compel her marriage, etc.

# 88 Causing miscarriage. Imprisonment for Non-cognizable. Bailable. Magistrate of the
3 years, or fine, or first class.
both.

If the woman be quick Imprisonment for Non-cognizable. Bailable. Magistrate of the
with child. 7 years and fine. first class.

179


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# 89 Causing miscarriage Imprisonment for life, Cognizable. Non-bailable. Court of Session.
without women's consent. or imprisonment for

10 years and fine.

# 90(1) Death caused by an act Imprisonment for 10 Cognizable. Non-bailable. Court of Session.

done with intent to cause years and fine.
miscarriage.

# 90(2) If act done without Imprisonment for life, Cognizable. Non-bailable. Court of Session.

women's consent. or as above.

# 91 Act done with intent to Imprisonment for       Cognizable. Non-bailable. Court of Session.
prevent a child being born 10 years, or fine, or
alive, or to cause it to die both.
after its birth.

# 92 Causing death of a quick Imprisonment for      Cognizable. Non-bailable. Court of Session.
unborn child by an act 10 years and fine.
amounting to culpable
homicide.

# 93 Exposure of a child under Imprisonment for       Cognizable. Bailable. Magistrate of the
12 years of age by parent 7 years, or fine, or first class.
or person having care of it both.
with intention of wholly
abandoning it.

# 94 Concealment of birth by Imprisonment for 2 Cognizable. Bailable. Magistrate of the
secret disposal of dead years, or fine, or both. first class.
body.

# 95 Hiring, employing or Imprisonment for not Cognizable. Non-bailable. Magistrate of the
engaging a child to less than 3 years but first class.
commit an offence. which may extend to

10 years and fine.

If offence be committed. Same as for the Cognizable. Non-bailable. Court by which

offence committed. offence

committed is
triable.

# 96 Procuration of child. Imprisonment for      Cognizable. Non-bailable. Court of Session.
10 years and fine.

# 97 Kidnapping or abducting Imprisonment for       Cognizable. Non-bailable. Magistrate of the
a child under ten years 7 years and fine. first class.
with intent to steal from
its person.

# 98 Selling child for purposes Imprisonment for     Cognizable. Non-bailable. Court of Session.
of prostitution, etc. 10 years and fine.

# 99 Buying child for purposes Imprisonment for not Cognizable. Non-bailable. Court of Session.
of prostitution, etc. less than 7 years but

which may extend to
14 years and fine.

# 103(1) Murder. Death or Cognizable. Non-bailable. Court of Session.
imprisonment for life
and fine.

180


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103(2) Murder by group of five Death or with Cognizable. Non-bailable. Court of Session.

or more persons. imprisonment for life

and fine.

# 104 Murder by life-convict. Death or Cognizable. Non-bailable. Court of Session.
imprisonment for life,
which shall mean the
remainder of that
person's natural life.

# 105 Culpable homicide not Imprisonment for life, Cognizable. Non-bailable. Court of Session.
amounting to murder, if or Imprisonment for
act by which the death is not less than 5 years
caused is done with but which may extend
intention of causing death, to 10 years and fine.
etc.

If act be done with Imprisonment for        Cognizable. Non-bailable. Court of Session.
knowledge that it is likely 10 years and with
to cause death, but fine.
without any intention to
cause death, etc.

106(1) Causing death by Imprisonment for     Cognizable. Bailable. Magistrate of the

negligence. 5 years and fine. first class.

Causing death by Imprisonment for         Cognizable. Bailable. Magistrate of the
negligence by registered 2 years and fine. first class.
medical practitioner.

# 106(2) Causing death by rash and Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the

negligent driving of years and fine. first class.
vehicle and escaping.

# 107 Abetment of suicide of Death, or Cognizable. Non-bailable. Court of Session.
child or person of imprisonment for life,
unsound mind, etc. or imprisonment for

10 years and fine.

# 108 Abetment of suicide. Imprisonment for      Cognizable. Non-bailable. Court of Session.
10 years and fine.

# 109(1) Attempt to murder. Imprisonment for     Cognizable. Non-bailable. Court of Session.
10 years and fine.

If such act causes hurt to Imprisonment for life, Cognizable. Non-bailable. Court of Session.
any person. or as above.

# 109(2) Attempt by life-convict to Death, or Cognizable. Non-bailable. Court of Session.

murder, if hurt is caused. imprisonment for life

which shall mean the
remainder of that
person's natural life.

110 Attempt to commit Imprisonment for 3 Cognizable. Non-bailable. Court of Session.
culpable homicide. years, or fine or both.

If such act causes hurt to Imprisonment for 7 Cognizable. Non-bailable. Court of Session.
any person. years, or fine, or both.


181


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111(2)    Organised crime resulting Death or imprisonment Cognizable. Non-bailable. Court of Session.
(a) in death of any person. for life and fine of not

less than 10 lakh
rupees.

111(2) In any other case. Imprisonment for not Cognizable. Non-bailable. Court of Session.
(b) less than 5 years but

which may extend to
imprisonment for life
and fine of not less
than 5 lakh rupees.

111(3) Abetting, attempting, Imprisonment for not Cognizable. Non-bailable. Court of Session.

conspiring or knowingly less than 5 years but
facilitating the commission which may extend to
of organised crime. imprisonment for life

and fine of not less
than 5 lakh rupees.

111(4) Being a member of an Imprisonment for not Cognizable. Non-bailable. Court of Session.

organised crime syndicate. less than 5 years but

which may extend to
imprisonment for life
and fine of not less
than 5 lakh rupees.

111(5) Intentionally harbouring or Imprisonment for not Cognizable. Non-bailable. Court of Session.

concealing any person who less than 3 years but
committed offence of which may extend to
organised crime. imprisonment for life

and fine of not less
than 5 lakh rupees.

111(6) Possessing property Imprisonment for not Cognizable. Non-bailable. Court of Session.

derived, or obtained from less than 3 years but
the commission of which may extend to
organised crime. imprisonment for life

and fine of not less
than 2 lakh rupees.

111(7) Possessing property on Imprisonment for not Cognizable. Non-bailable. Court of Session.

behalf of a member of an less than 3 years but
organised crime syndicate. which may extend to

imprisonment for 10
years and fine of not
less than 1 lakh rupees.

# 112 Petty Organised crime. Imprisonment for not Cognizable. Non-bailable. Magistrate of the
less than 1 year but first class.
which may extend to
7 years and fine.

113(2) Terrorist act resulting in Death or Cognizable. Non-bailable. Court of Session.
(a) the death of any person. imprisonment for life

and fine.

182


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113(2)  In any other case. Imprisonment for not
(b) less than 5 years but

which may extend to
imprisonment for life
and fine.

113(3) Conspiring, attempting, Imprisonment for not

abetting, etc., or less than 5 years but
knowingly facilitating the which may extend to
commission of terrorist imprisonment for life
act. and fine.

# 113(4) Organising camps, Imprisonment for not

training, etc., for less than 5 years but
commission of terrorist which may extend to
act. imprisonment for life

and fine.

# 113(5) Being a member of an Imprisonment for life

organisation involved in and fine.
terrorist act.

# 113(6) Harbouring, concealing, Imprisonment for not

etc., of any person who less than 3 years but
committed a terrorist act. which may extend to

imprisonment for life
and fine.

# 113(7) Possessing property Imprisonment for life

derived or obtained from and fine.
commission of terrorist
act.

# 115(2) Voluntarily causing hurt. Imprisonment for 1

year or fine of 10,000
rupees, or both.

# 117(2) Voluntarily causing Imprisonment for 7

grievous hurt. years and fine.

# 117(3) If hurt to results in Rigorous

permanent disability or imprisonment for not
persistent vegetative state. less than 10 years but

which may extend to
imprisonment for life
which shall mean the
remainder of that
person's natural life.

# 117(4) Grievous hurt caused by a Imprisonment for 7

group of 5 or more years and fine.
persons.

# 118(1) Voluntarily causing hurt Imprisonment for 3

by dangerous weapons or years, or fine of
means. 20,000 rupees, or

both.

183


Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.


Noncognizable.


Bailable. Any Magistrate.


Cognizable. Bailable. Any Magistrate.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Any Magistrate.


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# 1 2 3 4 5 6


# 118(2) Voluntarily causing Imprisonment for life Cognizable. Non-bailable. Magistrate of the

grievous hurt by or imprisonment of first class.
dangerous weapons or not less than 1 year
means [except as provided but which may extend
in section 122(2)]. to 10 years and fine.

# 119(1) Voluntarily causing hurt Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the

to extort property, or to years and fine. first class.
constrain to an illegal act.

# 119(2) Voluntarily causing Imprisonment for life, Cognizable. Non-bailable. Court of Session.

grievous hurt for any or imprisonment for
purpose referred to in sub-10 years and fine.
section (1).

# 120(1) Voluntarily causing hurt Imprisonment for 7 Cognizable. Bailable. Magistrate of the

to extort confession or years and fine. first class.
information, or to compel
restoration of property,
etc.

120(2) Voluntarily causing Imprisonment for 10 Cognizable. Non-bailable. Court of Session.

grievous hurt to extort years and fine.
confession or information,
or to compel restoration of
property, etc.

121(1) Voluntarily causing hurt Imprisonment for 5 Cognizable. Non-bailable. Magistrate of the

to deter public servant years, or fine, or both. first class.
from his duty.

121(2) Voluntarily causing Imprisonment not less Cognizable. Non-bailable. Court of Session.

grievous hurt to deter than 1 year, or
public servant from his imprisonment for 10
duty. years and fine.

122(1) Voluntarily causing hurt Imprisonment for 1 Non- Bailable. Any Magistrate.

on grave and sudden month, or fine of cognizable.
provocation, not intending 5,000 rupees, or both.
to hurt any other than the
person who gave the
provocation.

122(2) Causing grievous hurt on Imprisonment for 5 Cognizable. Bailable. Magistrate of the

grave and sudden years, or fine of first class.
provocation, not intending 10,000 rupees, or
to hurt any other than the both.
person who gave the
provocation.

123 Causing hurt by means of Imprisonment for 10 Cognizable. Non-bailable. Court of Session.
poison, etc., with intent to years and fine.
commit an offence.

184


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124(1) Voluntarily causing

grievous hurt by use of
acid, etc.

124(2) Voluntarily throwing or

attempting to throw acid.


Imprisonment for not
less than 10 years but
which may extend to
imprisonment for life
and fine.

Imprisonment for 5
years but which may
extend to 7 years and
fine.


Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.


125 Doing any act Imprisonment for 3
endangering human life or months, or fine of
personal safety of others. 2,500 rupees, or both.

125(a) Where hurt is caused. Imprisonment for 6
months, or fine of
5,000 rupees, or both.


125(b) Where grievous hurt is

caused.

126(2) Wrongfully restraining

any person.


Imprisonment for        Cognizable. Bailable. Any Magistrate.
3 years, or fine of
10,000 rupees, or
both.

Simple imprisonment Cognizable. Bailable. Any Magistrate.
for 1 month, or fine of
5,000 rupees, or both.


127(2) Wrongfully confining any Imprisonment for      Cognizable. Bailable. Any Magistrate.

person. 1 year, or fine of

5,000 rupees, or both.

127(3) Wrongfully confining for Imprisonment for     Cognizable. Bailable. Any Magistrate.

three or more days. 3 years, or fine of

10,000 rupees, or
both.

127(4) Wrongfully confining for Imprisonment for      Cognizable. Non-bailable. Magistrate of the

10 or more days. 5 years and fine of first class.

10,000 rupees.

127(5) Keeping any person in Imprisonment for      Cognizable. Bailable. Magistrate of the

wrongful confinement, 2 years in addition to first class.
knowing that a writ has any term of
been issued for his imprisonment to
liberation. under any other

section and fine.

127(6) Wrongful confinement in Imprisonment for       Cognizable. Bailable. Magistrate of the

secret. 3 years in addition to first class.

other punishment
which he is liable to
and fine.

185


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127(7) Wrongful confinement for Imprisonment for 3

the purpose of extorting years and fine.
property, or constraining
to an illegal act, etc.

127(8) Wrongful confinement for Imprisonment for 3

the purpose of extorting years and fine.
confession or information,
or for compelling
restoration of property,
etc.


Cognizable. Bailable. Any Magistrate.

Cognizable. Bailable. Any Magistrate.


131 Assault or criminal force
otherwise than on grave
provocation.

132 Assault or use of criminal
force to deter public
servant from discharge of
his duty.

133 Assault or criminal force
with intent to dishonour a
person, otherwise than on
grave and sudden
provocation.


Imprisonment for 3
months, or fine of
1,000 rupees, or both.


Noncognizable.


Bailable. Any Magistrate.


Imprisonment for 2 Cognizable. Non-bailable. Any Magistrate.
years, or fine, or both.


Imprisonment for 2 Nonyears, or fine, or both. cognizable.


Bailable. Any Magistrate.


134 Assault or criminal force Imprisonment for 2 Cognizable. Bailable. Any Magistrate.
in attempt to commit theft years, or fine, or both.
of property worn or
carried by a person.


135 Assault or use of criminal
force in attempt
wrongfully to confine a
person.


Imprisonment for 1
year, or fine of 5,000
rupees, or both.


Cognizable. Bailable. Any Magistrate.


136 Assault or use of criminal Simple imprisonment Nonforce on grave and sudden for one month, or fine cognizable.
provocation. of 1,000 rupees, or

both.


Bailable. Any Magistrate.


137(2) Kidnapping. Imprisonment for 7
years and fine.


Cognizable. Bailable. Magistrate of the
first class.


139(1) Kidnapping a child for

purposes of begging.


Rigorous Cognizable. Non-bailable. Magistrate of the
imprisonment not be first class.
less than 10 years but
which may extend to
imprisonment for life,
and fine.

186


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139(2) Maiming a child for

purposes of begging.

140(1) Kidnapping or abducting

in order to murder.

140(2) Kidnapping for ransom,

etc.

140(3) Kidnapping or abducting

with intent secretly and
wrongfully to confine a
person.

140(4) Kidnapping or abducting

in order to subject a
person to grievous hurt,
slavery, etc.

141 Importation of a girl or
boy from foreign country.

142 Wrongfully concealing or
keeping in confinement,
kidnapped or abducted
person.


Imprisonment not be
less than 20 years
which may extend to
remainder of that
person's natural life,
and fine.


Cognizable. Non-bailable. Court of Session.


Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or rigorous
imprisonment for 10
years and fine.


Death, or
imprisonment for life
and fine.


Cognizable. Non-bailable. Court of Session.


Imprisonment for          Cognizable. Non-bailable. Magistrate of the
7 years and fine. first class.

Imprisonment for      Cognizable. Non-bailable. Court of Session.
10 years and fine.


Imprisonment for 10
years and fine.

Punishment for
kidnapping or
abduction.


Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court by which
the kidnapping or
abduction is
triable.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.


143(2) Trafficking of person. Rigorous
imprisonment for not
less than 7 years but
which may extend to
10 years and fine.


143(3) Trafficking of more than

one person.


Rigorous
imprisonment for not
less than 10 years but
which may extend to
imprisonment for life
and fine.


143(4) Trafficking of a child. Rigorous
imprisonment for not
less than 10 years but
which may extend to
imprisonment for life
and fine.

187


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143(5) Trafficking of more than Rigorous Cognizable. Non-bailable. Court of Session.

one child. imprisonment for not

less than 14 years but
which may extend to
imprisonment for life
and fine.

143(6) Person convicted of offence Imprisonment for life Cognizable. Non-bailable. Court of Session.

of trafficking of child on which shall mean the
more than one occasion. remainder of that

person's natural life
and fine.

143(7) Public servant or a police Imprisonment for life Cognizable. Non-bailable. Court of Session.

officer involved in which shall mean the
trafficking of child. remainder of that

person's natural life
and fine.

144(1) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session.

trafficked child. imprisonment for not

less than 5 years but
which may extend to
10 years and fine.

144(2) Exploitation of a Rigorous Cognizable. Non-bailable. Court of Session.

trafficked person. imprisonment for not

less than 3 years but
which may extend to
7 years and fine.

145 Habitual dealing in slaves. Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or imprisonment for
10 years and fine.

146 Unlawful compulsory Imprisonment for 1 Cognizable. Bailable. Any Magistrate.
labour. year, or fine, or both.

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

148 Conspiring to commit Imprisonment for life, Cognizable. Non-bailable. Court of Session.
certain offences against or imprisonment for
the State. 10 years and fine.

149 Collecting arms, etc., with Imprisonment for life, Cognizable. Non-bailable. Court of Session.
the intention of waging or imprisonment for
war against the 10 years and fine.
Government of India.

150 Concealing with intent to Imprisonment for         Cognizable. Non-bailable. Court of Session.
facilitate a design to wage 10 years and fine.
war.

151 Assaulting President, Imprisonment for         Cognizable. Non-bailable. Court of Session.
Governor, etc., with intent 7 years and fine.
to compel or restrain the
exercise of any lawful
power.


188


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152 Act endangering
sovereignty, unity and
integrity of India.


Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or imprisonment for 7
years and fine.


153 Waging war against Imprisonment for life Cognizable. Non-bailable. Court of Session.
Government of any and fine, or
foreign State at peace with imprisonment for 7
the Government of India. years and fine, or fine.


154 Committing depredation Imprisonment for 7
on the territories of any years and fine, and
foreign state at peace with forfeiture of certain
the Government of India. property.

155 Receiving property taken Imprisonment for 7
by war or depredation years and fine, and
mentioned in sections 153 forfeiture of certain
and 154. property.


Cognizable. Non-bailable. Court of Session.

Cognizable. Non-bailable. Court of Session.


156 Public servant voluntarily
allowing prisoner of state
or war in his custody to
escape.


Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or imprisonment for
10 years and fine.


157 Public servant negligently Simple imprisonment
suffering prisoner of State for 3 years and fine.
or war in his custody to
escape.


Cognizable. Bailable. Magistrate of the
first class.


158 Aiding escape of, rescuing Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or harbouring such or imprisonment for
prisoner. 10 years and fine.


159 Abetting mutiny, or
attempting to seduce an
officer, soldier, sailor or
airman from his
allegiance or duty.

160 Abetment of mutiny, if
mutiny is committed in
consequence thereof.


Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or imprisonment for
10 years and fine.

Death, or Cognizable. Non-bailable. Court of Session.
imprisonment for life,
or imprisonment for
10 years and fine.


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


162 Abetment of such assault,
if the assault committed.


Imprisonment for          Cognizable. Non-bailable. Magistrate of the
7 years and fine. first class.

189


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163 Abetment of the desertion
of an officer, soldier,
sailor or airman.


Imprisonment for      Cognizable. Bailable. Any Magistrate.
2 years, or fine, or
both.


164 Harbouring deserter. Imprisonment for         Cognizable. Bailable. Any Magistrate.
2 years, or fine, or
both.

165 Deserter concealed on Fine of 3,000 rupees. Non- Bailable. Any Magistrate.
board merchant vessel cognizable.
through negligence of
master or person in charge
thereof.

166 Abetment of act of Imprisonment for      Cognizable. Bailable. Any Magistrate.
insubordination by an 2 years, or fine, or
officer, soldier, sailor or both.
airman if the offence be
committed in
consequence.

168 Wearing garb or carrying Imprisonment for 3 Cognizable. Bailable. Any Magistrate.
token used by soldier, months, or fine of
sailor or airman. 2,000 rupees, or both.

173 Bribery. Imprisonment for 1 Non- Bailable. Magistrate of the
year or fine, or both, cognizable. first class.
or if treating only,
fine only.

174 Undue influence or Imprisonment for       Non- Bailable. Magistrate of the
personation at an election. 1 year, or fine, or cognizable. first class.

both.

175 False statement in Fine. Non- Bailable. Magistrate of the
connection with an cognizable. first class.
election.

176 Illegal payments in Fine of 10,000 rupees. Non- Bailable. Magistrate of the
connection with elections. cognizable. first class.

177 Failure to keep election Fine of 5,000 rupees. Non- Bailable. Magistrate of the
accounts. cognizable. first class.

178 Counterfeiting coins, Imprisonment for life, Cognizable. Non-bailable. Court of Session.
government stamps, or imprisonment for
currency-notes or bank- 10 years and fine.
notes.

179 Using as genuine forged Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or counterfeit coin, or imprisonment for
Government stamp 10 years and fine.
currency-notes or banknotes.

180 Possession of forged or Imprisonment for         Cognizable. Non-bailable. Court of Session.
counterfeit coin, 7 years, or fine, or
Government stamp, both.
currency-notes or banknotes.

190


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1 2 3 4 5 6

181 Making, buying, selling or Imprisonment for life, Cognizable. Non-bailable. Court of Session.
possessing machinery, or imprisonment for 10
instrument or material for years and fine.
forging or counterfeiting
coins, Government stamp,
currency-notes or banknotes.

182(1) Making or using Fine of 300 rupees. Non- Bailable. Any Magistrate.

documents resembling cognizable.
currency-notes or banknotes.

182(2) On refusal to disclose the Fine of 600 rupees. Non- Bailable. Any Magistrate.

name and address of the cognizable.
printer.

183 Effacing any writing from a Imprisonment for 3 Cognizable. Bailable. Magistrate of the
substance bearing a years, or fine, or both. first class.
Government stamp,
removing from a document
a stamp used for it, with
intent to cause a loss to
Government.

184 Using a Government stamp Imprisonment for 2 Cognizable. Bailable. Any Magistrate.
known to have been before years, or fine, or both.
used.

185 Erasure of mark denoting Imprisonment for 3 Cognizable. Bailable. Magistrate of the
that stamps have been used. years, or fine, or both. first class.

186 Fictitious stamps. Fine of 200 rupees. Cognizable. Bailable. Any Magistrate.

187 Person employed in a Mint Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the
causing coin to be of a years and fine. first class.
different weight or
composition from that
fixed by law.

188 Unlawfully taking from a Imprisonment for 7 Cognizable. Non-bailable. Magistrate of the
Mint any coining years and fine. first class.
instrument.

189(2) Being member of an Imprisonment for 6 Cognizable. Bailable. Any Magistrate.

unlawful assembly. months, or fine, or

both.

189(3) Joining or continuing in an Imprisonment for 2 Cognizable. Bailable. Any Magistrate.

unlawful assembly, years, or fine, or both.
knowing that it has been
commanded to disperse.

189(4) Joining an unlawful Imprisonment for 2 Cognizable. Bailable. Any Magistrate.

assembly armed with any years, or fine, or both.
deadly weapon.

189(5) Knowingly joining or Imprisonment for 6 Cognizable. Bailable. Any Magistrate.

continuing in any assembly months, or fine, or
of five or more persons both.
after it has been
commanded to disperse.


191


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1 2 3 4 5 6

189(6) Hiring, engaging or The same as for a Cognizable. According as The Court by

employing persons to take member of such offence is which the offence
part in an unlawful assembly, and for any bailable or non- is triable.
assembly. offence committed by bailable.

any member of such
assembly.

189(7) Harbouring persons hired Imprisonment for      Cognizable. Bailable. Any Magistrate.

for an unlawful assembly. 6 months, or fine, or

both.

189(8) Being hired to take part in Imprisonment for      Cognizable. Bailable. Any Magistrate.

an unlawful assembly or 6 months, or fine, or
riot. both.

189(9) Or to go armed. Imprisonment for       Cognizable. Bailable. Any Magistrate.
2 years, or fine, or
both.

190 Every member of The same as for the According as According as The Court by
unlawful assembly guilty offence. offence is offence is which the offence
of offence committed in cognizable or bailable or non- is triable.
prosecution of common non- bailable.
object. cognizable.

191(2) Rioting. Imprisonment for      Cognizable. Bailable. Any Magistrate.
2 years, or fine, or
both.

191(3) Rioting, armed with a Imprisonment for     Cognizable. Bailable. Magistrate of the

deadly weapon. 5 years, or fine, or first class.

both.

192 Wantonly giving Imprisonment for     Cognizable. Bailable. Any Magistrate.
provocation with intent to 1 year, or fine, or
cause riot, if rioting be both.
committed.

If not committed. Imprisonment for         Cognizable. Bailable. Any Magistrate.
6 months, or fine, or
both.

193(1) Owner or occupier of land Fine of 1,000 rupees. Non- Bailable. Any Magistrate.

not giving information of cognizable.
riot, etc.

193(2) Person for whose benefit Fine. Non- Bailable. Any Magistrate.

or on whose behalf a riot cognizable.
takes place not using all
lawful means to prevent
it.

193(3) Agent of owner or Fine. Non- Bailable. Any Magistrate.

occupier for whose cognizable.
benefit a riot is committed
not using all lawful means
to prevent it.

194(2) Committing affray. Imprisonment for one Cognizable. Bailable. Any Magistrate.
month, or fine of
1,000 rupees, or both.

192


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195(1) Assaulting or obstructing

public servant when
suppressing riot, etc.

195(2) Threatening to assault or

attempting to obstruct
public servant when
suppressing riot, etc.

196(1) Promoting enmity

between different groups
on ground of religion,
race, place of birth,
residence, language, etc.,
and doing acts prejudicial
to maintenance of
harmony.

196(2) Promoting enmity

between classes in place
of worship, etc.

197(1) Imputations, assertions

prejudicial to national
integration.

197(2) If committed in a place of

public worship, etc.

198 Public servant disobeying
direction of the law with
intent to cause injury to
any person.

199 Public servant disobeying
direction under law.

200 Non-treatment of victim
by hospital.

201 Public servant framing an
incorrect document with
intent to cause injury.

202 Public servant unlawfully
engaging in trade.

203 Public servant unlawfully
buying or bidding for
property.


Imprisonment for       Cognizable. Bailable. Magistrate of the
3 years, or fine not first class.
less than 25,000
rupees, or both.

Imprisonment for        Non- Bailable. Any Magistrate.
1 year, or fine, or cognizable.
both.

Imprisonment for          Cognizable. Non-bailable. Magistrate of the
3 years, or fine, or first class.
both.


Imprisonment for       Cognizable. Non-bailable. Magistrate of the
5 years and fine. first class.

Imprisonment for       Cognizable. Non-bailable. Magistrate of the
3 years, or fine, or first class.
both.

Imprisonment for        Cognizable. Non-bailable. Magistrate of the
5 years and fine. first class.

Simple imprisonment Non- Bailable. Magistrate of the
for 1 year, or fine, or cognizable. first class.
both.

Rigorous Cognizable. Bailable. Magistrate of the
imprisonment for not first class.
less than 6 months
which may extend to
2 years and fine.

Imprisonment for         Non- Bailable. Magistrate of the
1 year, or fine, or cognizable. first class.
both.

Imprisonment for      Cognizable. Bailable. Magistrate of the
3 years, or fine, or first class.
both.

Simple imprisonment Non- Bailable. Magistrate of the
for 1 year, or fine, or cognizable. first class.
both, or community
service.

Simple imprisonment Non- Bailable. Magistrate f the
for 2 years, or fine, or cognizable. firstclass.
both and confiscation
of property, if
purchased.

193


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204 Personating a public
servant.

205 Wearing garb or carrying
token used by public
servant with fraudulent
intent.

206(a) Absconding to avoid

service of summons or
other proceeding from a
public servant.

206(b) If summons or notice

require attendance in
person, etc., in a Court.

207(a) Preventing service of

summons or other
proceeding, or preventing
publication thereof.

207(b) If summons, etc., require

attendance in person, etc.,
in a Court.

208(a) Non-attendance in

obedience to an order
from public servant.

208(b) If the order requires

personal attendance, etc.,
in a Court

209 Non-appearance in
response to a
proclamation under
section 84 of this Sanhita.

In a case where
declaration has been
made under sub-section
(4) of section 84 of this
Sanhita pronouncing a
person as proclaimed
offender.


Imprisonment for not Cognizable. Non-bailable. Any Magistrate.
less than 6 months but
which may extend to
3 years and fine.

Imprisonment for         Cognizable. Bailable. Any Magistrate.
3 months, or fine of
5,000 rupees, or both.


Imprisonment for          Cognizable. Non-bailable. Magistrate of the
3 years, or fine, or first class.
both, or community
service.

Imprisonment for          Cognizable. Non-bailable. Magistrate of the
7 years and fine. first class.

194


Simple imprisonment Nonfor 1 month, or fine of cognizable.
5,000 rupees, or both.


Simple imprisonment
for 6 months, or fine
of 10,000 rupees, or
both.


Noncognizable.


Simple imprisonment Nonfor 1 month, or fine of cognizable.
5,000 rupees, or both.


Simple imprisonment
for 6 months, or fine
of 10,000 rupees, or
both.


Noncognizable.


Simple imprisonment Nonfor 1 month, or fine of cognizable.
5,000 rupees, or both.


Simple imprisonment
for 6 months, or fine
of 10,000 rupees, or
both.


Noncognizable.


Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.


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210(a) Omission to produce Simple imprisonment Non
document to public for 1 month, or fine of cognizable.
servant by person legally 5,000 rupees, or both.
bound to produce or
deliver it.

210(b) If the document is Simple imprisonment  Non
required to be produced in for 6 months, or fine cognizable.
or delivered to a Court. of 10,000 rupees, or

both.

211(a) Intentional omission to Simple imprisonment Non
give notice or information for 1 month, or fine of cognizable.
to public servant by 5,000 rupees, or both.
person legally bound to
give it.

211(b) If the notice or Simple imprisonment Non
information required for 6 months, or fine cognizable.
respects the commission of 10,000 rupees, or
of an offence, etc. both.

211(c) If the notice or Imprisonment for        Non
information is required by 6 months, or fine of cognizable.
an order passed under 1,000 rupees, or both.
sub-section (1) of section
394 of this Sanhita.

212(a) Knowingly furnishing Simple imprisonment Non
false information to public for 6 months, or fine cognizable.
servant. of 5,000 rupees, or

both.

212(b) If the information Imprisonment for         Non
required respects the 2 years, or fine, or cognizable.
commission of an offence, both.
etc.


Bailable. The Court in
which the offence
is committed,
subject to the
provisions of
Chapter XXVIII;
or, if not
committed, in a
Court, any
Magistrate.

Bailable. The Court in
which the offence
is committed,
subject to the
provisions of
Chapter XXVIII;
or, if not
committed, in a
Court, any
Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.


195


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1 2 3 4 5 6


213 Refusing oath when duly
required to take oath by a
public servant.


Simple imprisonment
for 6 months, or fine
of 5,000 rupees, or
both.


Noncognizable.

Noncognizable.

Noncognizable.


Bailable. The Court in which
the offence is
committed, subject
to the provisions of
Chapter XXVIII;
or, if not
committed, in a
Court, any
Magistrate.

Bailable. The Court in which
the offence is
committed, subject
to the provisions of
Chapter XXVIII;
or, if not
committed, in a
Court, any
Magistrate.

Bailable. The Court in which
the offence is
committed, subject
to the provisions of
Chapter XXVIII;
or, if not
committed, in a
Court, any
Magistrate.

Bailable. Magistrate of the
first class.

Bailable. Any Magistrate.

Bailable. Any Magistrate.


214 Being legally bound to Simple imprisonment
state truth, and refusing to for 6 months, or fine
answer public servant of 5,000 rupees, or
authorised to question. both.


215 Refusing to sign a Simple imprisonment Nonstatement made to a for 3 months, or fine cognizable.
public servant when of 3,000 rupees, or
legally required to do so. both.

216 Knowingly stating to a Imprisonment for         Nonpublic servant on oath as 3 years and fine. cognizable.
true that which is false.

217 Giving false information Imprisonment for         Nonto a public servant in 1 year, or with fine of cognizable.
order to cause him to use 10,000 rupees, or
his lawful power to the both.
injury or annoyance of
any person.

218 Resistance to the taking of Imprisonment for         Nonproperty by the lawful 6 months, or fine of cognizable.
authority of a public 10,000 rupees, or
servant. both.


196


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1 2 3 4 5 6


219 Obstructing sale of Imprisonment for         Non- Bailable. Any Magistrate.
property offered for sale 1 month, or fine of cognizable.
by authority of a public 5,000 rupees, or both.
servant.

220 Illegal purchase or bid for Imprisonment for      Non- Bailable. Any Magistrate.
property offered for sale 1 month, or fine of cognizable.
by authority of public 200 rupees, or both.
servant.

221 Obstructing public servant Imprisonment for     Non- Bailable. Any Magistrate.
in discharge of his public 3 months, or fine of cognizable.
functions. 2,500 rupees, or both.

222(a) Omission to assist public Simple imprisonment Non- Bailable. Any Magistrate.

servant when bound by for 1 month, or fine of cognizable.
law to give such 2,500 rupees, or both.
assistance.

222(b) Wilfully neglecting to aid Simple imprisonment Non- Bailable. Any Magistrate.

a public servant who for 6 months, or fine cognizable.
demands aid in the of 5,000 rupees, or
execution of process, the both.
prevention of offences,
etc.

223(a) Disobedience to an order Simple imprisonment Cognizable. Bailable. Any Magistrate.

lawfully promulgated by a for 6 months, or fine
public servant, if such of 2,500 rupees, or
disobedience causes both.
obstruction, annoyance or
injury to persons lawfully
employed.

223(b) If such disobedience Imprisonment for        Cognizable. Bailable. Any Magistrate.

causes danger to human 1 year, or fine of
life, health or safety, or 5,000 rupees, or both.
causes or tends to cause a
riot or affray.

224 Threat of injury to public Imprisonment for       Non- Bailable. Any Magistrate.
servant, etc. 2 years, or fine, or cognizable.

both.

225 Threat of injury to induce Imprisonment for        Non- Bailable. Any Magistrate.
person to refrain from 1 year, or fine, or cognizable.
applying for protection to both.
public servant.

226 Attempt to commit Imprisonment for       Non- Bailable. Any Magistrate.
suicide to compel or 1 year, or fine, or cognizable.
restraint exercise of both, or community
lawful power. service.

229(1) Intentionally giving or Imprisonment for         Non- Bailable. Magistrate of the

fabricating false evidence 7 years and 10,000 cognizable. first class.
in a judicial proceeding. rupees.

197


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1 2 3 4 5 6

229(2) Giving or fabricating false Imprisonment for        Non- Bailable. Any Magistrate.

evidence in any other 3 years and 5,000 cognizable.
case. rupees.

230(1) Giving or fabricating false Imprisonment for life, Non- Non-bailable. Court of Session.

evidence with intent to or rigorous cognizable.
cause any person to be imprisonment for
convicted of capital 10 years and 50,000
offence. rupees.

230(2) If innocent person be Death, or as above. Non- Non-bailable. Court of Session.

thereby convicted and cognizable.
executed.

231 Giving or fabricating false The same as for the Non- Non-bailable. Court of Session.
evidence with intent to offence. cognizable.
procure conviction of an
offence punishable with
imprisonment for life or
with imprisonment for 7
years, or upwards.

232(1) Threatening any person to Imprisonment for        Cognizable. Non-bailable. Court by which

give false evidence. 7 years, or fine, or offence of giving

both. false evidence is

triable.

232(2) If innocent person is The same as for the Cognizable. Non-bailable. Court by which

convicted and sentenced offence. offence of giving
in consequence of false false evidence is
evidence with death, or triable.
imprisonment for more
than 7 years.

233 Using in a judicial The same as for Non- According as Court by which
proceeding evidence giving or fabricating cognizable. offence of offence of giving
known to be false or false evidence. giving such or fabricating
fabricated. evidence is false evidence is

bailable or non- triable.
bailable.

234 Knowingly issuing or The same as for Non- Bailable. Court by which
signing a false certificate giving false evidence. cognizable. offence of giving
relating to any fact of false evidence is
which such certificate is triable.
by law admissible in
evidence.

235 Using as a true certificate The same as for Non- Bailable. Court by which
one known to be false in a giving false evidence. cognizable. offence of giving
material point. false evidence is

triable.

236 False statement made in The same as for Non- Bailable. Court by which
any declaration which is giving false evidence. cognizable. offence of giving
by law receivable as false evidence is
evidence. triable.

198


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1 2 3 4 5 6


237 Using as true any such The same as for Non- Bailable. Court by which
declaration known to be giving false evidence. cognizable. offence of giving
false. false evidence is

triable.

238(a) Causing disappearance of Imprisonment for         According as Bailable. Court of Session.

evidence of an offence 7 years and fine. the offence in
committed, or giving false relation to
information touching it to which
screen the offender, if a disappearance
capital offence. of evidence is

caused is
cognizable or
noncognizable.

238(b) If punishable with Imprisonment for     Non- Bailable. Magistrate of the

imprisonment for life or 3 years and fine. cognizable. first class.
imprisonment for 10
years.

238(c) If punishable with less Imprisonment for Non- Bailable. Court by which

than 10 years' one-fourth of the cognizable. the offence is
imprisonment. longest term provided triable.

for the offence, or
fine, or both.

239 Intentional omission to Imprisonment for      Non- Bailable. Any Magistrate.
give information of an 6 months, or fine of cognizable.
offence by a person 5,000 rupees, or both.
legally bound to inform.

240 Giving false information Imprisonment for         Non- Bailable. Any Magistrate.
respecting an offence 2 years, or fine, or cognizable.
committed. both.

241 Secreting or destroying Imprisonment for      Non- Bailable. Magistrate of the
any document to prevent 3 years, or fine of cognizable. first class.
its production as evidence. 5,000 rupees, or both.

242 False personation for the Imprisonment for      Non- Bailable. Magistrate of the
purpose of any act or 3 years, or fine, or cognizable. first class.
proceeding in a suit or both.
criminal prosecution, or
for becoming bail or
security.

243 Fraudulent removal or Imprisonment for     Non- Bailable. Any Magistrate.
concealment, etc., of 3 years, or fine, of cognizable.
property to prevent its 5,000 rupees, or both.
seizure as a forfeiture or
in satisfaction of a fine
under sentence, or in
execution of a decree.

199


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1 2 3 4 5 6

244 Claiming property Imprisonment for        Non- Bailable. Any Magistrate.
without right, or 2 years, or fine, or cognizable.
practising deception both.
touching any right to it,
to prevent its being taken
as a forfeiture, or in
satisfaction of a fine under
sentence, or in execution
of a decree.

245 Fraudulently suffering a Imprisonment for        Non- Bailable. Magistrate of the
decree to pass for a sum 2 years, or fine, or cognizable. first class.
not due, or suffering both.
decree to be executed
after it has been satisfied.

246 False claim in a Court. Imprisonment for     Non- Bailable. Magistrate of the
2 years and fine. cognizable. first class.

247 Fraudulently obtaining a Imprisonment for         Non- Bailable. Magistrate of the
decree for a sum not due, 2 years, or fine, or cognizable. first class.
or causing a decree to be both.
executed after it has been
satisfied.

248(a) False charge of offence Imprisonment for         Non- Bailable. Magistrate of the

made with intent to injure. 5 years, or fine of        cognizable. first class.

2 lakh rupees, or both.

248(b) Criminal proceeding Imprisonment for         Non- Bailable. Court of Session.

instituted on a false 10 years and fine. cognizable.
charge of an offence
punishable with death,
imprisonment for life, or
imprisonment for ten
years or upwards.

249(a) Harbouring an offender, if Imprisonment for         Cognizable. Bailable. Magistrate of the

the offence is punishable 5 years and fine. first class.
with death.

249(b) If punishable with Imprisonment for          Cognizable. Bailable. Magistrate of the

imprisonment for life or 3 years and fine. first class.
with imprisonment for
10 years.

249(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the

imprisonment for 1 year one-fourth of the first class.
and not for 10 years. longest term, and of

the descriptions,
provided for the
offence, or fine, or
both.

200


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1 2 3 4 5 6


250(a) Taking gift, etc., to screen Imprisonment for     Cognizable. Bailable. Magistrate of the

an offender from 7 years and fine. first class.
punishment if the offence
is punishable with death.

250(b) If punishable with Imprisonment for     Cognizable. Bailable. Magistrate of the

imprisonment for life or 3 years and fine. first class.
with imprisonment for 10
years.

250(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the

imprisonment for less one-fourth of the first class.
than 10 years. longest term provided

for the offence, or
fine, or both.

251(a) Offering gift or Imprisonment for        Non- Bailable. Magistrate of the

restoration of property in 7 years and fine. cognizable. first class.
consideration of screening
offender if the offence is
punishable with death.

251(b) If punishable with Imprisonment for       Non- Bailable. Magistrate of the

imprisonment for life or 3 years and fine. cognizable. first class.
with imprisonment for 10
years.

251(c) If punishable with Imprisonment for Non- Bailable. Magistrate of the

imprisonment for less one-fourth of the cognizable. first class.
than 10 years. longest term,

provided for the
offence, or fine, or
both.

252 Taking gift to help to Imprisonment for        Cognizable. Bailable. Magistrate of the
recover movable property 2 years, or fine, or first class.
of which a person has both.
been deprived by an
offence without causing
apprehension of offender.

253(a) Harbouring an offender Imprisonment for     Cognizable. Bailable. Magistrate of the

who has escaped from 7 years and fine. first class.
custody, or whose
apprehension has been
ordered, if the offence is
punishable with death.

253(b) If punishable with Imprisonment for         Cognizable. Bailable. Magistrate of the

imprisonment for life or 3 years, with or first class.
with imprisonment for        without fine.
10 years.

201


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253(c) If punishable with Imprisonment for Cognizable. Bailable. Magistrate of the

imprisonment for 1 year one-fourth of the first class.
and not for 10 years. longest term provided

for the offence, or
fine, or both.

254 Harbouring robbers or Rigorous Cognizable. Bailable. Magistrate of the
dacoits. imprisonment for first class.

7 years and fine.

255 Public servant disobeying Imprisonment for     Non- Bailable. Any Magistrate.
a direction of law with 2 years, or fine, or cognizable.
intent to save person from both.
punishment, or property
from forfeiture.

256 Public servant framing an Imprisonment for       Cognizable. Bailable. Magistrate of the
incorrect record or writing 3 years, or fine, or first class.
with intent to save person both.
from punishment, or
property from forfeiture.

257 Public servant in a judicial Imprisonment for       Non- Bailable. Magistrate of the
proceeding corruptly 7 years, or fine, or cognizable. first class.
making and pronouncing both.
an order, report, etc.
contrary to law.

258 Commitment for trial or Imprisonment for        Non- Bailable. Magistrate of the
confinement by a person 7 years, or fine, or cognizable. first class.
having authority, who both.
knows that he is acting
contrary to law.

259(a) Intentional omission to Imprisonment for           According as Bailable. Magistrate of the

apprehend on the part of a 7 years, with or the offence in first class.
public servant bound by without fine. relation to
law to apprehend an which such
offender, if the offence is omission has
punishable with death. been made is

cognizable or
noncognizable.

259(b) If punishable with Imprisonment for      Cognizable. Bailable. Magistrate of the

imprisonment for life or 3 years, with or first class.
imprisonment for without fine.
10 years.

259(c) If punishable with Imprisonment for          Cognizable. Bailable. Magistrate of the

imprisonment for less 2 years, with or first class.
than 10 years. without fine.


202


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1 2 3 4 5 6


260(a) Intentional omission to Imprisonment for life, Cognizable. Non-bailable. Court of Session.

apprehend on the part of a or imprisonment for
public servant bound by 14 years, with or
law to apprehend person without fine.
under sentence of a Court
if under sentence of death.


260(b) If under sentence of

imprisonment for life or
imprisonment for 10
years, or upwards.

260(c) If under sentence of

imprisonment for less
than 10 years or lawfully
committed to custody.

261 Escape from confinement
negligently suffered by a
public servant.

262 Resistance or obstruction
by a person to his lawful
apprehension.

263(a) Resistance or obstruction

to the lawful
apprehension of any
person, or rescuing him
from lawful custody.

263(b) If charged with an

offence punishable with
imprisonment for life or
imprisonment for 10
years.

263(c) If charged with offence

punishable with death.

263(d) If the person is sentenced

to imprisonment for life,
or imprisonment for 10
years, or upwards.


Imprisonment for      Cognizable. Non-bailable. Magistrate of the
7 years, with or first class.
without fine.

Imprisonment for         Cognizable. Bailable. Magistrate of the
3 years, or fine, or first class.
both.


Simple imprisonment
for 2 years, or fine, or
both.


Noncognizable.


Bailable. Any Magistrate.


Imprisonment for         Cognizable. Bailable. Any Magistrate.
2 years, or fine, or
both.

Imprisonment for        Cognizable. Bailable. Any Magistrate.
2 years, or fine, or
both.

Imprisonment for       Cognizable. Non-bailable. Magistrate of the
3 years and fine. first class.


Imprisonment for      Cognizable. Non-bailable. Magistrate of the
7 years and fine. first class.

Imprisonment for      Cognizable. Non-bailable. Magistrate of the
7 years and fine. first class.


263(e) If under sentence of death. Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or imprisonment for
10 years and fine.

203


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1 2 3 4 5 6

264 Omission to apprehend,
or sufferance of escape
on part of public servant,
in cases not otherwise
provided for:-
(a) in case of intentional Imprisonment for          Non- Bailable. Magistrate of the
omission or sufferance; 3 years, or fine, or cognizable. first class.

both.

(b) in case of negligent Simple imprisonment Non- Bailable. Any Magistrate.
omission or sufferance. for 2 years, or fine, or cognizable.

both.

265 Resistance or obstruction Imprisonment           Cognizable. Bailable. Any Magistrate.
to lawful apprehension, or for 6 months, or fine,
escape or rescue in cases or both.
not otherwise provided
for.

266 Violation of condition of Punishment of Cognizable. Non-bailable. The Court by
remission of punishment. original sentence, which the original

or  if part of the offence was
punishment has triable.
been undergone, the
residue.

267 Intentional insult or Simple imprisonment Non- Bailable. The Court in
interruption to a public for 6 months, or fine cognizable. which the offence
servant sitting in any of 5,000 rupees, or is committed,
stage of a judicial both. subject to the
proceeding. provisions of

Chapter XXVIII;
or, if not
committed, in a
Court, any
Magistrate.

268 Personation of an assessor. Imprisonment for          Non- Bailable. Magistrate of the

2 years, or fine, or both. cognizable. first class.

269 Failure by person released Imprisonment for          Cognizable. Non-bailable. Any Magistrate.
on bond or bail bond to 1 year, or fine, or both.
appear in Court.

271 Negligently doing any act Imprisonment for           Cognizable. Bailable. Any Magistrate.
known to be likely to spread 6 months, or fine, or
infection of any disease both.
dangerous to life.

272 Malignantly doing any act Imprisonment for          Cognizable. Bailable. Any Magistrate.
known to be likely to spread 2 years, or fine, or both.
infection of any disease
dangerous to life.

273 Knowingly disobeying any Imprisonment for            Non- Bailable. Any Magistrate.
quarantine rule. 6 months, or fine, or cognizable.

both.

274 Adulterating food or drink Imprisonment for           Non- Bailable. Any Magistrate.
intended for sale, so as to 6 months, or fine of cognizable.
make the same noxious. 5,000 rupees, or both.

204


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1 2 3 4 5 6

275 Selling any food or drink as Imprisonment for           Non- Bailable. Any Magistrate.
food and drink, knowing the 6 months, or fine of cognizable.
same to be noxious. 5,000 rupees, or both.

276 Adulterating any drug or Imprisonment for           Non- Non-bailable. Any Magistrate.
medical preparation intended 1 year, or fine of 5,000 cognizable.
for sale so as to lessen its rupees, or both.
efficacy, or to change its
operation, or to make it
noxious.

277 Sale of adulterated drugs. Imprisonment for         Non- Bailable. Any Magistrate.

6 months, or fine of cognizable.
5,000 rupees, or both.

278 Knowingly selling of drug Imprisonment for        Non- Bailable. Any Magistrate.
as a different drug or 6 months, or fine of cognizable.
preparation. 5,000 rupees, or both.

279 Fouling water of public Imprisonment for         Cognizable. Bailable. Any Magistrate.
spring or reservoir. 6 months, or fine of

5,000 rupees, or both.

280 Making atmosphere Fine of 1,000 rupees. Non- Bailable. Any Magistrate.
noxious to health. cognizable.

281 Rash driving or riding on Imprisonment for        Cognizable. Bailable. Any Magistrate.
a public way. 6 months, or fine of

1,000 rupees, or both.

282 Rash navigation of vessel. Imprisonment for         Cognizable. Bailable. Any Magistrate.

6 months, or fine of
10,000 rupees, or
both.

283 Exhibition of a false light, Imprisonment for         Cognizable. Bailable. Magistrate of the
mark or buoy. 7 years, and fine first class.

which shall not be
less than 10,000
rupees.

284 Conveying person by Imprisonment for          Cognizable. Bailable. Any Magistrate.
water for hire in unsafe or 6 months, or fine of
overloaded vessel. 5,000 rupees, or both.

285 Causing danger or Fine of 5,000 rupees. Cognizable. Bailable. Any Magistrate.
obstruction in public way
or line of navigation.

286 Negligent conduct with Imprisonment for        Cognizable. Bailable. Any Magistrate.
respect to poisonous 6 months, or fine of
substance. 5,000 rupees, or both.

287 Negligent conduct with Imprisonment for        Cognizable. Bailable. Any Magistrate.
respect to fire or 6 months, or fine of
combustible matter. 2,000 rupees, or both.

288 Negligent conduct with Imprisonment for       Cognizable. Bailable. Any Magistrate.
respect to explosive 6 months, or fine of
substance. 5,000 rupees, or both.

289 Negligent conduct with Imprisonment for         Non- Bailable. Any Magistrate.
respect to machinery. 6 months, or fine of cognizable.

5,000 rupees, or both.

205


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290 Negligent conduct with
respect to pulling down,
repairing or constructing
buildings, etc.

291 Negligent conduct with
respect to animal.

292 Committing public
nuisance in cases not
otherwise provided for.

293 Continuance of nuisance
after injunction to
discontinue.

294(2) Sale, etc., of obscene

books, etc.

295 Sale, etc., of obscene
objects to child.


Imprisonment for     Non6 months, or fine of cognizable.
5,000 rupees, or both.


Bailable. Any Magistrate.


Imprisonment for        Cognizable. Bailable. Any Magistrate.
6 months, or fine of
5,000 rupees, or both.

Fine of 1,000 rupees. Non- Bailable. Any Magistrate.

cognizable.


293 Continuance of nuisance Simple imprisonment Cognizable. Bailable. Any Magistrate.
after injunction to for 6 months, or fine
discontinue. of 5,000 rupees, or

both.

294(2) Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate.

books, etc. with imprisonment for

2 years, and with fine
of 5,000 rupees, and,
in the event of second
or subsequent
conviction, with
imprisonment for
5 years, and with fine
of 10,000 rupees.

295 Sale, etc., of obscene On first conviction, Cognizable. Bailable. Any Magistrate.
objects to child. with imprisonment for

3 years, and with fine
of 2,000 rupees, and
in the event of second
or subsequent
conviction, with
imprisonment for
7 years, and with fine
of 5,000 rupees.

296 Obscene acts and songs. Imprisonment for         Cognizable. Bailable. Any Magistrate.

3 months, or fine of
1,000 rupees, or both.

297(1) Keeping a lottery office. Imprisonment for      Non- Bailable. Any Magistrate.

6 months, or fine, or cognizable.
both.

297(2) Publishing proposals Fine of 5,000 rupees. Non- Bailable. Any Magistrate.

relating to lotteries. cognizable.

298 Defiling, etc., place of Imprisonment for         Cognizable. Non-bailable. Any Magistrate.
worship, with intent to 2 years, or fine, or
insult the religion of any both.
class.

206


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299 Deliberate and malicious
acts, intended to outrage
religious feelings of any
class by insulting its
religion or religious
beliefs.

300 Disturbing religious
assembly.

301 Trespassing on burial
places, etc.


Imprisonment for       Cognizable. Non-bailable. Magistrate of the
3 years, or fine, or first class.
both.


300 Disturbing religious Imprisonment for         Cognizable. Bailable. Any Magistrate.
assembly. 1 year, or fine, or

both.

301 Trespassing on burial Imprisonment for        Cognizable. Bailable. Any Magistrate.
places, etc. 1 year, or fine, or

both.

302 Uttering words, etc., with Imprisonment for         Non- Bailable. Any Magistrate.
deliberate intent to wound 1 year, or fine, or cognizable.
religious feelings. both.

303(2) Theft. Rigorous Cognizable. Non-bailable. Any Magistrate.
imprisonment for not
be less than 1 year but
which may extend to
5 years, and fine.

Where value of property Upon return of the Non- Bailable. Any Magistrate.
is less than 5,000 rupees. value of property or cognizable.

restoration of the
stolen property, shall
be punished with
community service.

304(2) Snatching. Imprisonment for       Cognizable. Non-bailable. Any Magistrate.
3 years and fine.

305 Theft in a dwelling house, Imprisonment for          Cognizable. Non-bailable. Any Magistrate.
or means of transportation 7 years and fine.
or place of worship, etc.

306 Theft by clerk or servant Imprisonment for        Cognizable. Non-bailable. Any Magistrate.
of property in possession 7 years and fine.
of master or employer.

308(2) Extortion. Imprisonment for      Cognizable. Non-bailable. Magistrate of the
7 years, or fine, or first class.
both.

308(3) Putting or attempting to Imprisonment for     Cognizable. Bailable. Any Magistrate.

put in fear of injury, in 2 years, or fine, or
order to commit extortion. both.

308(4) Putting or attempting to Imprisonment for       Cognizable. Non-bailable. Magistrate of the

put a person in fear of 7 years and fine. first class.
death or grievous hurt in
order to commit extortion.

308(5) Extortion by putting a Imprisonment for        Cognizable. Non-bailable. Magistrate of the

person in fear of death or 10 years and fine. first class.
grievous hurt.


207


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308(6) Putting a person in fear of Imprisonment for       Cognizable. Bailable. Magistrate of the

accusation of an offence 10 years and fine. first class.
punishable with death,
imprisonment for life, or
imprisonment for 10 years
in order to commit
extortion.

308(7) Extortion by threat of Imprisonment for       Cognizable. Bailable. Magistrate of the

accusation of an offence 10 years and fine. first class.
punishable with death,
imprisonment for life, or
imprisonment for 10
years.

309(4) Robbery. Rigorous Cognizable. Non-bailable. Magistrate of the
imprisonment for first class.
10 years and fine.

If robbery committed on Rigorous Cognizable. Non-bailable. Magistrate of the
highway between sunset imprisonment for first class.
and sunrise. 14 years.

309(5) Attempt to commit Rigorous Cognizable. Non-bailable. Magistrate of the

robbery. imprisonment for first class.

7 years and fine.

309(6) Causing hurt. Imprisonment for life, Cognizable. Non-bailable. Magistrate of the
or rigorous first class.
imprisonment for
10 years and fine.

310(2) Dacoity. Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or rigorous
imprisonment for
10 years and fine.

310(3) Murder in dacoity. Death, imprisonment Cognizable. Non-bailable. Court of Session.
for life, or rigorous
imprisonment for not
less than 10 years and
fine.

310(4) Making preparation to Rigorous Cognizable. Non-bailable. Court of Session.

commit dacoity. imprisonment for

10 years and fine.

310(5) Being one of five or      Rigorous Cognizable. Non-bailable. Court of Session.

more persons assembled imprisonment for
for the purpose of 7 years and fine.
committing dacoity.

208


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310(6) Belonging to a gang of Imprisonment for life, Cognizable. Non-bailable. Court of Session.

persons associated for the or rigorous
purpose of habitually imprisonment for
committing dacoity. 10 years and fine.

311 Robbery or dacoity, with Imprisonment for not Cognizable. Non-bailable. Court of Session.
attempt to cause death or less than 7 years.
grievous hurt.

312 Attempt to commit Imprisonment for not Cognizable. Non-bailable. Court of Session.
robbery or dacoity when less than 7 years.
armed with deadly
weapon.

313 Belonging to a wandering Rigorous Cognizable. Non-bailable. Magistrate of the
gang of persons imprisonment for first class.
associated for the purpose 7 years and fine.
of habitually committing
thefts.

314 Dishonest Imprisonment of not Non- Bailable. Any Magistrate.
misappropriation of less than 6 months but cognizable.
movable property, or which may extend
converting it to one's own to 2 years and fine.
use.

315 Dishonest Imprisonment for        Non- Bailable. Magistrate of the
misappropriation of 3 years and fine. cognizable. first class.
property possessed by
deceased person at the
time of his death.

If by clerk or person Imprisonment for          Non- Bailable. Magistrate of the
employed by deceased. 7 years. cognizable. first class.

316(2) Criminal breach of trust. Imprisonment for         Cognizable. Non-bailable. Magistrate of the

5 years, or fine, or first class.
both.

316(3) Criminal breach of trust Imprisonment for          Cognizable. Non-bailable. Magistrate of the

by a carrier, wharfinger, 7 years and fine. first class.
etc.

316(4) Criminal breach of trust Imprisonment for         Cognizable. Non-bailable. Magistrate of the

by a clerk or servant. 7 years and fine. first class.

316(5) Criminal breach of trust Imprisonment for life, Cognizable. Non-bailable. Magistrate of the

by public servant or by or imprisonment for first class.
banker, merchant or 10 years and fine.
agent, etc.

317(2) Dishonestly receiving Imprisonment for          Cognizable. Non-bailable. Any Magistrate.

stolen property 3 years, or fine, or
knowing it to be stolen. both.

209


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317(3) Dishonestly receiving

stolen property, knowing
that it was obtained by
dacoity.

317(4) Habitually dealing in

stolen property.

317(5) Assisting in concealment


Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or rigorous
imprisonment for
10 years and fine.

Imprisonment for life, Cognizable. Non-bailable. Court of Session.
or imprisonment for
10 years and fine.


) Assisting in concealment Imprisonment for          Cognizable. Non-bailable. Any Magistrate.

or disposal of stolen 3 years, or fine, or
property, knowing it to be both.
stolen.


318(2) Cheating. Imprisonment for        Non3 years, or fine, or cognizable.
both.


318(3) Cheating a person whose Imprisonment for      Non
interest the offender was 5 years, or fine, or cognizable.
bound, either by law or by both.
legal contract, to protect.


Bailable. Any Magistrate.

Bailable. Any Magistrate.


318(4) Cheating and dishonestly

inducing delivery of
property.


Imprisonment for           Cognizable. Non-bailable. Magistrate of the
7 years and fine. first class.


319(2) Cheating by personation. Imprisonment for        Cognizable Bailable. Any Magistrate.

5 years, or with fine,
or with both.


320 Fraudulent removal or
concealment of property,
etc., to prevent
distribution among
creditors.


Imprisonment of not Nonbe less than 6 months cognizable.
but which may extend
to 2 years, or fine, or
both.


321 Dishonest or fraudulently Imprisonment for        Nonpreventing from being 2 years, or fine, or cognizable.
made available for his both.
creditors a debt or demand
due to the offender.


322 Dishonest or fraudulent
execution of deed of
transfer containing a
false statement of
consideration.


Imprisonment for        Non3 years, or fine, or cognizable.
both.

210


Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.


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323 Fraudulent removal or Imprisonment for         Non- Bailable. Any Magistrate.
concealment of property, 3 years, or fine, or cognizable.
of himself or any other both.
person or assisting in the
doing thereof, or
dishonestly releasing any
demand or claim to which
he is entitled.

324(2) Mischief. Imprisonment for      Non- Bailable. Any Magistrate.
6 months, or fine, or cognizable.
both.

324(3) Mischief causing loss or Imprisonment for     Non- Bailable. Any Magistrate.

damage to any property 1 year, or fine, or cognizable.
including property of both.
Government or Local
Authority.

324(4) Mischief causing loss or Imprisonment for      Non- Bailable. Any Magistrate.

damage to the amount of 2 years, or fine, or cognizable.
twenty thousand rupees both.
but less than 2 lakh
rupees.

324(5) Mischief causing loss or Imprisonment for      Cognizable. Bailable. Magistrate of the

damage to the amount of 5 years, or fine, or first class.
one lakh rupees or both.
upwards.

324(6) Mischief with preparation Imprisonment for      Cognizable. Bailable. Magistrate of the

for causing to any person 5 years, and fine. first class.
death, or hurt, or
wrongful restraint, or
fear of death, or of hurt, or
of wrongful restraint.

325 Mischief by killing or Imprisonment for         Cognizable. Bailable. Magistrate of the
maiming animal. 5 years, or fine, or first class.

both.

326(a) Mischief by causing Imprisonment for      Cognizable. Bailable. Magistrate of the

diminution of supply of 5 years, or fine, or first class.
water for agricultural both.
purposes, etc.

326(b) Mischief by injury to Imprisonment for         Cognizable. Bailable. Magistrate of the

public road, bridge, 5 years, or fine, or first class.
navigable river, or both.
navigable channel, and
rendering it impassable or
less safe for travelling or
conveying property.

326(c) Mischief by causing Imprisonment for      Cognizable. Bailable. Magistrate of the

inundation or obstruction 5 years, or with fine, first class.
to public drainage or with both.
attended with damage.

211


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326(d) Mischief by destroying or Imprisonment for 7 Cognizable. Bailable. Magistrate of the

moving or rendering less years, or fine, or both. first class.
useful a lighthouse or
seamark, or by exhibiting
false lights.

326(e) Mischief by destroying or Imprisonment for        Non- Bailable. Any Magistrate.

moving, etc., a landmark 1 year, or fine, or cognizable.
fixed by public authority. both.

326(f) Mischief by fire or Imprisonment for     Cognizable. Bailable. Magistrate of the

explosive substance with 7 years and fine. first class.
intent to cause damage.

326(g) Mischief by fire or Imprisonment for life, Cognizable. Non-bailable. Court of Session.

explosive substance with or imprisonment for
intent to destroy a house, 10 years and fine.
etc.

327(1) Mischief with intent to Imprisonment for 10 Cognizable. Non-bailable. Court of Session.

destroy or make unsafe a years and fine.
decked vessel or a vessel
of 20 tonnes burden.

327(2) The mischief described in Imprisonment for life, Cognizable. Non-bailable. Court of Session.

the last section when or imprisonment for
committed by fire or any 10 years and fine.
explosive substance.

328 Running vessel with Imprisonment for         Cognizable. Non-bailable. Court of Session.
intent to commit theft, etc. 10 years and fine.

329(3) Criminal trespass. Imprisonment for        Cognizable. Bailable. Any Magistrate.
3 months, or fine of
5,000 rupees, or both.

329(4) House-trespass. Imprisonment for      Cognizable. Bailable. Any Magistrate.
1 year, or fine of
5,000 rupees, or both.

331(1) Lurking house-trespass or Imprisonment for        Cognizable. Non-bailable. Any Magistrate.

house-breaking. 2 years and fine.

331(2) Lurking house-trespass      Imprisonment for     Cognizable. Non-bailable. Any Magistrate.

or house-breaking by 3 years and fine.
night.

331(3) Lurking house-trespass or Imprisonment for      Cognizable. Non-bailable. Any Magistrate.

house-breaking in order 3 years and fine.
to the commission of an
offence punishable with
imprisonment.

If the offence be theft. Imprisonment for 10 Cognizable. Non-bailable. Magistrate of the
years. first class.

212


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331(4) Lurking house-trespass or Imprisonment for      Cognizable. Non-bailable. Any Magistrate.

house-breaking by night 5 years and fine.
in order to the
commission of an
offence punishable with
imprisonment.

If the offence be theft. Imprisonment for     Cognizable. Non-bailable. Magistrate of the
14 years. first class.

331(5) Lurking house-trespass      Imprisonment for     Cognizable. Non-bailable. Magistrate of the

or house-breaking after 10 years and fine. first class.
preparation made for
causing hurt, assault, etc.

331(6) Lurking house-trespass     Imprisonment for     Cognizable. Non-bailable. Magistrate of the

or house-breaking by 14 years and fine. first class.
night, after preparation
made for causing hurt,
etc.

331(7) Grievous hurt caused Imprisonment for life, Cognizable. Non-bailable. Court of Session.

whilst committing or imprisonment for
lurking house-trespass     10 years and fine.
or house-breaking.

331(8) Death or grievous hurt Imprisonment for life, Cognizable. Non-bailable. Court of Session.

caused by one of several or imprisonment for
persons jointly concerned 10 years and fine.
in house-breaking by
night, etc.

332(a) House-trespass in order Imprisonment for life, Cognizable. Non-bailable. Court of Session.

to the commission of an or rigorous
offence punishable with imprisonment for
death. 10 years and fine.

332(b) House-trespass in order Imprisonment for        Cognizable. Non-bailable. Court of Session.

to the commission of an 10 years and fine.
offence punishable with
imprisonment for life.

332(c) House-trespass in order Imprisonment for        Cognizable. Bailable. Any Magistrate.

to the commission of an 2 years and fine.
offence punishable
with imprisonment.

If the offence is theft. Imprisonment for          Cognizable. Non-bailable. Any Magistrate.
7 years.

333 House-trespass, having Imprisonment for      Cognizable. Non-bailable. Any Magistrate.
made preparation for 7 years and fine.
causing hurt, assault, etc.

334(1) Dishonestly breaking Imprisonment for         Cognizable. Non-bailable. Any Magistrate.

open or unfastening any 2 years, or fine, or
closed receptacle both.
containing or supposed to
contain property.

213


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334(2) Being entrusted with any Imprisonment for      Cognizable. Bailable. Any Magistrate.

closed receptacle 3 years, or fine, or
containing or supposed to both.
contain any property, and
fraudulently opening the
same.

336(2) Forgery. Imprisonment for        Non- Bailable. Magistrate of the
2 years, or fine, or cognizable. first class.
both.

336(3) Forgery for the purpose of  Imprisonment for       Cognizable. Non-bailable. Magistrate of the

cheating. 7 years and fine. first class.

336(4) Forgery for the purpose of  Imprisonment for       Cognizable. Bailable. Magistrate of the

harming the reputation of 3 years and fine. first class.
any person or knowing
that it is likely to be used
for that purpose.

337 Forgery of a record of a Imprisonment for        Non- Non-bailable. Magistrate of the
Court or of a Registrar of 7 years and fine cognizable. first class.
Births, etc., kept by a
public servant.

338 Forgery of a valuable Imprisonment for life, Non- Non-bailable. Magistrate of the
security, will, or authority or imprisonment for cognizable. first class.
to make or transfer any 10 years and fine.
valuable security, or to
receive any money, etc.

When the valuable Imprisonment for life, Cognizable. Non-bailable. Magistrate of the
security is a promissory or imprisonment for first class.
note of the Central 10 years and fine.
Government.

339 Having possession of a Imprisonment for         Cognizable. Bailable. Magistrate of the
document, knowing it to 7 years and fine. first class.
be forged, with intent to
use it as genuine; if the
document is one of the
description mentioned
in section 337.

If the document is one     Imprisonment for Non- Bailable. Magistrate of the
of the description life, or imprisonment cognizable. first class.
mentioned in section 338. for 7 years and fine.

340(2) Using as genuine a forged Punishment for Cognizable. Bailable. Magistrate of the

document which is known forgery of such first class.
to be forged. document.

214


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341(1) Making or counterfeiting Imprisonment for life, Cognizable. Bailable. Magistrate of the

a seal, plate, etc., with or imprisonment for first class.
intent to commit a forgery 7 years and fine.
punishable under section
338 or possessing with
like intent any such seal,
plate, etc., knowing the
same to be counterfeit.

341(2) Making or counterfeiting Imprisonment for        Cognizable. Bailable. Magistrate of the

a seal, plate, etc., with 7 years and fine. first class.
intent to commit a forgery
punishable otherwise than
under section 338 or
possessing with like intent
any such seal, plate, etc.,
knowing the same to be
counterfeit.

341(3) Possesses any seal, plate Imprisonment for      Cognizable. Bailable. Magistrate of the

or other instrument 3 years and fine. first class.
knowing the same to be
counterfeit.

341(4) Fraudulently or Same as if he had Cognizable. Bailable. Magistrate of the

dishonestly uses as made or counterfeited first class.
genuine any seal, plate or such seal, plate or
other instrument knowing other instrument.
or having reason to
believe the same to be
counterfeit.

342(1) Counterfeiting a device or Imprisonment for life, Non- Bailable. Magistrate of the

mark used for or imprisonment for   cognizable. first class.
authenticating documents 7 years and fine.
described in section 338
or possessing counterfeit
marked material.

342(2) Counterfeiting a device or Imprisonment for      Non- Non-bailable. Magistrate of the

mark used for 7 years and fine. cognizable. first class.
authenticating documents
other than those described
in section 338 or
possessing counterfeit
marked material.

343 Fraudulently destroying or Imprisonment for life, Non- Non-bailable. Magistrate of the
defacing, or attempting to or imprisonment for   cognizable. first class.
destroy or deface, or 7 years and fine.
secreting, a will, etc.

344 Falsification of accounts. Imprisonment for        Non- Bailable. Magistrate of the

7 years, or fine, or cognizable. first class.
both.

215


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345(3) Using a false property Imprisonment for       Non
mark with intent to 1 year, or fine, or cognizable.
deceive or injure any both.
person.

346 Removing, destroying or Imprisonment for        Nondefacing property mark 1 year, or fine, or cognizable.
with intent to cause both.
injury.

347(1) Counterfeiting a property Imprisonment for      Non
mark used by another, 2 years, or fine, or cognizable.
with intent to cause both.
damage or injury.

347(2) Counterfeiting a property Imprisonment for       Non
mark used by a public 3 years and fine. cognizable.
servant, or any mark used
by him to denote the
manufacture, quality, etc.,
of any property.

348 Fraudulently making or Imprisonment for         Nonhaving possession of any 3 years, or fine, or cognizable.
die, plate or other both.
instrument for
counterfeiting any public
or private property mark.

349 Knowingly selling goods Imprisonment for         Nonmarked with a counterfeit 1 year, or fine, or cognizable.
property mark. both.

350(1) Fraudulently making a Imprisonment for         Non
false mark upon any 3 years, or fine, or cognizable.
package or receptacle both.
containing goods, with
intent to cause it to be
believed that it contains
goods, which it does not
contain, etc.

350(2) Making use of any such Imprisonment for         Non
false mark. 3 years, or fine, or cognizable.

both.

351(2) Criminal intimidation. Imprisonment for     Non2 years, or fine, or cognizable
both.

351(3) If threat be to cause death Imprisonment for       Non
or grievous hurt, etc. 7 years, or fine, or cognizable

both.

351(4) Criminal intimidation by Imprisonment for         Non
anonymous 2 years, in addition to cognizable.
communication or having the punishment under
taken precaution to section 351(1).
conceal whence the threat
comes.

216


Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Magistrate of the
first class.

Bailable. Magistrate of the
first class.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable. Any Magistrate.

Bailable Any Magistrate.

Bailable Magistrate of the
first class.

Bailable. Magistrate of the
first class.


-----

1 2 3 4 5 6

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

both.

353(1) False statement, rumour, Imprisonment for      Non- Non-bailable. Any Magistrate.

etc., circulated with intent 3 years, or fine, or cognizable.
to cause mutiny or offence both.
against the public peace.

353(2) False statement, rumour, Imprisonment for       Cognizable. Non-bailable. Any Magistrate.

etc., with intent to create 3 years, or fine, or
enmity, hatred or ill-will both.
between different classes.

353(3) False statement, rumour, Imprisonment for         Cognizable. Non-bailable. Any Magistrate.

etc., made in place of 5 years and fine.
worship, etc., with intent
to create enmity, hatred or
ill-will.

354 Act caused by inducing a Imprisonment for         Non- Bailable. Any Magistrate.
person to believe that he 1 year, or fine, or cognizable.
will be rendered an object both.
of Divine displeasure.

355 Appearing in a public Simple imprisonment Non- Bailable. Any Magistrate.
place, etc., in a state of for 24 hours, or fine cognizable.
intoxication, and causing of 1,000 rupees, or
annoyance to any person. both or with

community service.

356(2) Defamation against the Simple imprisonment Non- Bailable. Court of Session.

President or the Vice- for 2 years, or fine or cognizable.
President or the Governor both, or community
of a State or service.
Administrator of a Union
territory or a Minister in
respect of his conduct in
the discharge of his public
functions when instituted
upon a complaint made by
the Public Prosecutor.

Defamation in any other Simple imprisonment Non- Bailable. Magistrate of the
case. for 2 years, or fine or cognizable. first class.

both or community
service.

217


-----

1 2 3 4 5 6


356(3) Printing or engraving Simple imprisonment Non
matter knowing it to be for 2 years, or fine, or cognizable.
defamatory against the both.
President or the
Vice-President or the
Governor of a State or
Administrator of a Union
territory or a Minister in
respect of his conduct in
the discharge of his public
functions when instituted
upon a complaint made by
the Public Prosecutor.

Printing or engraving Simple imprisonment Nonmatter knowing it to be for 2 years, or fine, or cognizable.
defamatory, in any other both.
case.

356(4) Sale of printed or Simple imprisonment Non
engraved substance for 2 years, or fine, or cognizable.
containing defamatory both.
matter, knowing it to
contain such matter
against the President or
the Vice-President or the
Governor of a State or
Administrator of a Union
territory or a Minister in
respect of his conduct in
the discharge of his public
functions when instituted
upon a complaint made by
the Public Prosecutor.

Sale of printed or Simple imprisonment Nonengraved substance for 2 years, or fine, or cognizable.
containing defamatory both.
matter, knowing it to
contain such matter in any
other case.

357 Being bound to attend on Imprisonment for            Nonor supply the wants of a 3 months, or fine of cognizable.
person who is helpless 5,000 rupees, or both.
from youth, unsoundness
of mind or disease, and
voluntarily omitting to do
so.

218


Bailable. Court of Session.

Bailable. Magistrate of the
first class.

Bailable. Court of Session.

Bailable. Magistrate of the
first class.

Bailable. Any Magistrate.


-----

**II.--CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS**


Offence Cognizable or
non-cognizable.


Bailable or nonbailable.


By what court triable.


1 2 3 4


If punishable with death,
imprisonment for life, or
imprisonment for more than 7 years.


Cognizable. Non-bailable. Court of Session.


If punishable with imprisonment for     Cognizable. Non-bailable. Magistrate of the first class.
3 years and upwards but not more than
7 years.


If punishable with imprisonment for
less than 3 years or with fine only.


Non-cognizable. Bailable. Any Magistrate.]

219


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THE SECOND SCHEDULE

(See section 522)

FORM No.1

NOTICE FOR APPEARANCE BY THE POLICE

[See section 35(3)]

Serial No…….                                                     Police Station………

To,

.................................

[Name of the Accused/Noticee]

.................................

[Last known Address]

.................................

[Phone No./ Email ID (if any)]

In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I

hereby inform you that during the investigation of FIR/Case No …………………..dated…………… u/s
………………………………… registered at Police Station ……………………………………………...,
it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from
you, in relation to the present investigation. Hence you are directed to appear before me at
………..........…… AM/PM on……………………... at

Police Station.

Name and Designation of the Officer In charge

(Seal)

______

220


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FORM No. 2

SUMMONS TO AN ACCUSED PERSON

(See section 63)

To..............................................(name of accused) of ..............................................(address)

WHEREAS your attendance is necessary to answer to a charge of..........................................

.............................................(state shortly the offence charged), you are hereby required to appear in person
(or by an advocate, before the (Magistrate) of.............................................., on

the..............................................day............................................... Herein fail not.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

221


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FORM No. 3

WARRANT OF ARREST

(See section 72)

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

WHEREAS (name _of_ _accused)_ of (address) stands charged with the offence of

...................................................... (state the offence), you are hereby directed to arrest the said
......................................................, and to produce him before me. Herein fail not.

Dated, this.............................................. day of.............................................., 20 ............... .

(Seal of the Court)                                                             (Signature)

(See section 73)

This warrant may be endorsed as follows:—

If the said.............................................................. shall give bail himself in the sum of

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

Dated, this.............................................. day of.............................................., 20 ............... .

(Seal of the Court)                                                             (Signature)

————

222


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FORM No. 4

BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT

(See section 83)

I, ............................................................(name), of..........................................................., being brought

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

Dated, this.............................................. day of.............................................., 20 ............... .

(Signature)

I do hereby declare myself surety for the above-named..............................................

of.......................................................... that he shall attend before in the Court of on

the.............................................. day of.............................................. next, to answer to the charge on which
he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of
his making default therein, I bind myself to forfeit, to Government, the sum of

rupees............................................................. .

Dated, this.............................................. day of.............................................., 20 ............. .

(Signature)

————

223


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FORM No. 5

PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED

(See section 84)

WHEREAS a complaint has been made before me that................................................... (name,

_description and address) has committed (or_ is suspected to have committed) the offence of
.............................................., punishable under section.............................................. of the Bharatiya
Nyaya Sanhita, 2023, and it has been returned to a warrant of arrest thereupon issued that the
said.............................................. (name) cannot be found, and whereas it has been shown to my satisfaction
that the said.............................................. (name) has absconded (or is concealing himself to avoid the
service of the said warranty);

Proclamation is hereby made that the said.............................................. of..............................................

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

Dated, this.............................................. day of.............................................., 20 ............... .

(Seal of the Court)                                                              (Signature)

————

224


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FORM No. 6

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS

(See sections 84, 90 and 93)

WHEREAS complaint has been made before me that..............................................(name, description and

_address)_ has committed (or is suspected to have committed) the offence of

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

Proclamation is hereby made that the said..............................................(name) is required to appear

at..............................................(place) before the Court..............................................on

the........................................day of.........................................next at..............................................o'clock to
be examined touching..............................................the offence complained of.

Dated, this.............................................. day of.............................................., 20 ............... .

(Seal of the Court)                                                             (Signature)

————

225


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FORM No. 7

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS

(See section 85)

To the officer in charge of the police station at..............................................

WHEREAS a warrant has been duly issued to compel the attendance

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

This is to authorise and require you to attach by seizure the movable property belonging to the

said..............................................to the value of rupees..............................................which you may find
within the District..............................................of..............................................and to hold the said property
under attachment pending the further order of this Court, and to return this warrant with an endorsement
certifying the manner of its execution.

Dated, this.............................................. day of.............................................., 20 ............... .

(Seal of the Court)                                                             (Signature)

————

226


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FORM No. 8

ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED

(See section 85)

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

Whereas complaint has been made before me that .............................................. (name, description and

_address) has committed (or is suspected to have committed) the offence of .............................................._
punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been
returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be
found; and whereas it has been shown to my satisfaction that the said .............................................. (name)
has absconded (or is concealing himself to avoid the service of the said warrant) and thereupon a
Proclamation has been or is being duly issued and published requiring the said ..............................................
to appear to answer the said charge within .............................................. days; and whereas the said
.............................................. is possessed of the following property, other than land paying revenue to
Government, in the village (or town), of .............................................., in the District of
.............................................., _viz., .............................................., and an order has been made for the_
attachment thereof;

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c),

or both[*], of sub-section (3) of section 85, and to hold the same under attachment pending further order of
this Court, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this .............................................. day of .............................................., 20 ............... .

(Seal of the Court)

(Signature)

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

227


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FORM No. 9

ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR

(See section 85)

To the District Magistrate/Collector of the District of ..............................................

WHEREAS complaint has been made before me that .............................................. (name, description

_and_ _address)_ has committed (or _is_ _suspected_ _to_ _have_ _committed)_ the offence of

.............................................., punishable under section .............................................. of the Bharatiya
Nyaya Sanhita, 2023 and it has been returned to a warrant of arrest thereupon issued that the said
.............................................. (name) cannot be found; and whereas it has been shown to my satisfaction
that the said .............................................. (name) has absconded (or is concealing himself to avoid the
_service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published_
requiring the said ....................................... (name) to appear to answer the said charge within
......................................... days; and whereas the said .............................................. is possessed of certain
land paying revenue to Government in the village (or town) of .............................................., in the District
of ..............................................;

You are hereby authorised and requested to cause the said land to be attached, in the manner specified

in clause (a), or clause (c), or both[*], of sub-section (4) of section 85, and to be held under attachment
pending the further order of this Court, and to certify without delay what you may have done in pursuance
of this order.

Dated, this .............................................. day of .............................................., 20 ............... .

(Seal of the Court)                                                             (Signature)

- Strike out the one which is not desired.

228


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FORM No. 10

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS

(See section 90)

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

WHEREAS complaint has been made before me that .............................................. (name and description

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

This is to authorise and require you to arrest the said .............................................. (name of witness),

and on the .............................................. day of .............................................. to bring him before this Court
.............................................., to be examined touching the offence complained of.

Dated, this .............................................. day of .............................................., 20 ............... .

(Seal of the Court)                                                             (Signature)

______

229


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FORM No. 11

WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE

(See section 96)

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

WHEREAS information has been laid .............................................. (or complaint has been made) before

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

This is to authorise and require you to search for the said .............................................. (the thing

_specified) in the .............................................. (describe the house or place or part thereof to which the_
_search is to be confined), and, if found, to produce the same forthwith before this Court, returning this_
warrant, with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this .............................................. day of .............................................., 20 ............... .

(Seal of the Court)                                                              (Signature)

______

230


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FORM No. 12

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT

(See section 97)

To ..............................................

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

WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to

believe that the .............................................. (describe the house or other place) is used as a place for the
deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the
purpose in the words of the section);

This is to authorise and require you to enter the said house (or other place) with such assistance as shall

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

Dated, this .............................................. day of .............................................., 20 ............ .

(Seal of the Court)                                                              (Signature)

______

231


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FORM No. 13

BOND TO KEEP THE PEACE

(See sections 125 and 126)

WHEREAS I,.............................................................. (name), inhabitant of ..............................................

(place), have been called upon to enter into a bond to keep the peace for the term of
............................................. or until the completion of the inquiry in the matter of

.............................................. now pending in the Court of .............................................., I hereby bind
myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace,
during the said term or until the completion of the said inquiry and, in case of my making default therein, I
hereby bind myself to forfeit, to Government, the sum of rupees ..............................................

Dated, this .............................................. day of .............................................., 20 ............ .

(Signature)

______

232


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FORM No. 14

BOND FOR GOOD BEHAVIOUR

(See sections 127, 128 and 129)

Whereas I, ............................................................... (name), inhabitant of ..............................................

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

Dated, this .............................................. day of .............................................., 20 ............... .

(Seal of the Court)                                                             (Signature)

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

We do hereby declare ourselves sureties for the above-named ........................................ that he will be

of good behaviour to Government and all the citizens of India during the said term or until the completion
of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to
forfeit to Government the sum of rupees .................................

Dated, this .............................................. day of .............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

______

233


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FORM No. 15

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE

(See section 132)

To .............................................. of ..............................................

WHEREAS it has been made to appear to me by credible information that ................................ (state the

_substance of the information), and that you are likely to commit a breach of the peace (or by which act a_
_breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly_
_authorised agent) at the office of the Magistrate of .............................................. on the_
.............................................. day of .............................................. 20 ..........., at ten o'clock in the forenoon,
to show cause why you should not be required to enter into a bond for rupees ..............................................

[when sureties are required, add, and also to give security by the bond of one (or two, as the case may be)
_surety (or sureties) in the sum of rupees .............................................. (each if more than one)], that you_
will keep the peace for the term of ..............................................

Dated, this .............................................. day of .............................................., 20 ........... .

(Seal of the Court)                                                            (Signature)

______

234


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FORM No. 16

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

(See section 141)

To the Officer in charge of the Jail at ..............................................

WHEREAS .............................................. (name and address) appeared before me in person (or by his

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

This is to authorise and require you to receive the said .............................................. (name) into your

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

Dated, this .............................................. day of .............................................., 20 ........... .

(Seal of the Court)                                                            (Signature)

______

235


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FORM No. 17

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR

(See section 141)

To the Officer in charge of the Jail at..............................................

WHEREAS it has been made to appear to me that .............................................. (name and description)

has been concealing his presence within the district of .............................................. and that there is reason
to believe that he is doing so with a view to committing a cognizable offence;

_or_

WHEREAS evidence of the general character of..............................................(name and description) has

been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker,
_etc., as the case may be);_

AND WHEREAS an order has been recorded stating the same and requiring the said (name) to furnish

security for his good behaviour for the term of (state the period) by entering into a bond with one surety
(or two or more sureties, as the case may be), himself for rupees.............................................. and the said
surety (or each of the said sureties) rupees ..............................................and the

said..............................................(name) has failed to comply with the said order and for such default has
been adjudged imprisonment for (state the term) unless the said security be sooner furnished;

This is to authorise and require you receive the said..............................................( _name) into your_

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

Dated, this.............................................. day of.............................................., 20 ........... .

(Seal of the Court)                                                             (Signature)

————

236


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FORM No. 18

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See sections 141 and 142)

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

WHEREAS..............................................(name and description of prisoner) was committed to your

custody under warrant of the Court, dated the.............................................. day of

..............................................20..............................................; and has since duly given security under
section .............................................. of the Bharatiya Nagarik Suraksha Sanhita, 2023.

_or_

WHEREAS..............................................(name and description of prisoner) was committed to your

custody under warrant of the Court, dated the......................................................... day of

..............................................20.................; and there have appeared to me sufficient grounds for the opinion
that he can be released without hazard to the community;

This is to authorise and require you forthwith to discharge the said .............................................. (name)

from your custody unless he is liable to be detained for some other cause.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                              (Signature)

————

237


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FORM No. 19

WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE

(See section 144)

To the Officer in charge of the Jail at..............................................

WHEREAS..............................................(name, description and address) has been proved before me to

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

of..............................................;

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

of..............................................;

This is to authorise and require you receive the said..............................................(name) into your

custody in the said Jail, together with this warrant, and there carry the said order into execution according
to law, returning this warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                            (Signature)

————

238


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FORM No. 20

WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE

(See section 144)

To............................................................................................................................................. ..........

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

WHEREAS an order has been duly made requiring..............................................(name) to allow to his

said wife (or child _or_ father _or_ mother) for maintenance the monthly sum of

rupees.............................................., and whereas the said..............................................(name) in wilful
disregard of the said order has failed to pay rupees.............................................., being the amount of the
allowance for the month (or months) of..............................................

This is to authorise and require you to attach any movable property belonging to the

said..............................................(name) which may be found within the district

of.............................................., and if within..............................................(state the number of days or
_hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable_
property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant,
with an endorsement certifying what you have done under it, immediately upon its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                                (Signature)

————

239


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FORM No. 21

ORDER FOR THE REMOVAL OF NUISANCES

(See section 152)

To..............................................(name, description and address).

WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons

using the public roadway (or other public place) which, etc., (describe the road or public place)
........................................................... by, etc., ..............................................(state what it is that causes the
_obstruction or nuisance), and that such obstruction (or nuisance) still exists;_

_or_

WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade

or occupation of ..............................................(state the particular trade or occupation and the place where
_it is carried on), and that the same is injurious to the public health (or_ comfort) by
reason..............................................(state briefly in what manner the injurious effects are caused), and
should be suppressed or removed to different place;

_or_

WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the

control over) a certain tank (or well _or_ excavation) adjacent to the public way

..............................................(describe the thoroughfare), and that the safety of the public is endangered by
reason of the said tank (or well or excavation) being without a fence (or insecurely fenced);

_or_

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

I do hereby direct and require you within..............................................(state the time allowed) (state

_what is required to be done to abate the nuisance) ............................................. or to appear_
at..............................................in the ............................................. Court of..............................................on
the ..............................................day of..............................................next, and to show cause why this order
should not be enforced;

_or_

I do hereby direct and require you within..............................................(state the time allowed) to cease

carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove
the said trade from the place where it is now carried on, or to appear, etc.;

_or_

I do hereby direct and require you within..............................................(state the time allowed) to put up

a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.;

_or_

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                              (Signature)

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FORM No. 22

MAGISTRATE'S NOTICE AND PEREMPTORY ORDER

(See section 160)

To..............................................(name, description and address).

I HEREBY give you notice that it has been found that the order issued on the

...............................................................day of..................................................................................requiring
you ..............................................(state substantially the requisition in the order) is reasonable and proper.
Such order has been made absolute, and I hereby direct and require you to obey the said order within (state
_the time allowed), on peril of the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience_
thereto.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                              (Signature)

————

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FORM No. 23

INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY

(See section 161)

To..............................................(name, description and address).

WHEREAS the inquiry into the conditional order issued by me on the..............................................day

of .............................................., 20.............................................., is pending, and it has been made to appear
to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a
serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do
hereby, under the provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and
enjoin you forthwith to .............................................. (state plainly what is required to be done as a
_temporary safeguard), pending the result of the inquiry._

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 24

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

(See section 162)

To..............................................(name, description and address).

WHEREAS it has been made to appear to me that, etc. ..............................................(state the proper

_recital, guided by Form No. 21 or Form No. 25, as the case may be);_

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 25

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

(See section 163)

To..............................................(name, description and address).

WHEREAS it has been made to appear to me that you are in possession (or have the management) of

..............................................(describe clearly the property), and that, in digging a drain on the said land,
you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so
as to occasion risk of obstruction to persons using the road;

_or_

WHEREAS it has been made to appear to me that you and a number of other persons (mention the class

_of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be)_
and that such procession is likely to lead to a riot or an affray;

_or_

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

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

any part of the said road;

_or_

I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not

to take any part in such procession (or as the case recited may require).

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                            (Signature)

————

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FORM No. 26

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

(See section 164)

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace,

existed between..............................................(describe the parties by name and residence or residence only
_if the dispute be between bodies of villagers) concerning certain..............................................(state_
_concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon_
to give in a written statement of their respective claims as to the fact of actual possession of the
said..............................................(the subject of dispute), and being satisfied by due inquiry had thereupon,
without reference to the merits of the claim of either of the said parties to the legal right of possession, that
the claim of actual possession by the said..............................................(name or names or description) is
true; I do decide and declare that he is (or they are) in possession of the said..............................................(the
_subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly_
forbid any disturbance of his (or their) possession in the meantime.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 27

WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF

LAND, ETC.

(See section 165)

To the officer in charge of the police station at..............................................

(or, To the Collector of..............................................).

WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace, existed

between..............................................(describe the parties concerned by name and residence, or residence
_only if the dispute be between bodies of villagers) concerning certain..............................................(state_
_concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were_
thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of
the said ..............................................(the subject of dispute), and whereas, upon due inquiry into the said
claims, I have decided that neither of the said parties was in possession of the

said..............................................(the subject of dispute) (or I am unable to satisfy myself as to which of the
said parties was in possession as aforesaid);

This is to authorise and require you to attach the said..............................................(the subject of

_dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree_
or order of a competent Court determining the rights of the parties, or the claim to possession, shall have
been obtained, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 28

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

(See section 166)

A dispute having arisen concerning the right of use of..............................................(state concisely the

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

I do order that the said..............................................(the claimant or claimants of possession) or any one

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                            (Signature)

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FORM No. 29

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

(See section 189)

I,..............................................(name), of.............................................., being charged with the offence

of.............................................., and after inquiry required to appear before the Magistrate
of..............................................

_or_

and after inquiry called upon to enter into my own recognizance to appear when required, do hereby

bind myself to appear at.............................................., in the Court of........................................., on
the..............................................day of..............................................next (or on such day as I may hereafter
be required to attend) to answer further to the said charge, and in case of my making default herein. I bind
myself to forfeit to Government, the sum of rupees..............................................;

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                              (Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or

_sureties)_ for the above said .............................................. (name) that he shall attend

at..............................................in the Court of......................................., on the.....................................day
of..............................................next (or on such day as he may hereafter be required to attend), further to
answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself
(or we hereby bind ourselves) to forfeit to Government the sum of rupees.....................

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

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FORM No. 30

BOND TO PROSECUTE OR GIVE EVIDENCE

(See section 190)

I,..............................................(name) of ............................................. (place), do hereby bind myself to

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Signature)

————

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FORM No. 31

SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE

(See section 229)

To, .......................................................................................................

(Name of the accused)

of..............................................(address)

WHEREAS your attendance is necessary to answer a charge of a petty offence

..............................................(state shortly the offence charged), you are hereby required to appear in person
(or by an advocate) before..............................................(Magistrate) of..............................................on
the..............................................day of.............................................. 20.............................................., or if
you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the
aforesaid date the plea of guilty in writing and the sum of ............................ rupees as fine, or if you desire
to appear by an advocate and to plead guilty through such an advocate, to authorise such advocate in writing
to make such a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                              (Signature)

(Note.—The amount of fine specified in this summons shall not exceed five thousand rupees.)

————

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FORM No. 32

NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR

(See section 232)

The Magistrate of..............................................hereby gives notice that he has committed

one..............................................for trial at the next Sessions; and the Magistrate hereby instructs the Public
Prosecutor to conduct the prosecution of the said case.

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 33

CHARGES

(See sections 234, 235 and 236)

I. CHARGES WITH ONE-HEAD

(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge

you..............................................(name of accused person) as follows:—

(b) On section 147.—That you, on or about the...................................................................................day

of.............................................., at.............................................., waged war against the Government of
India and thereby committed an offence punishable under section 147 of the Bharatiya Nyaya Sanhita, 2023
and within the cognizance of this Court.

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

(Signature and seal of the Magistrate)

[To be substituted for (b)]:—

(2) On section 151.—That you, on or about the..............................................................................day

of.............................................., at.............................................., with the intention of inducing the President
of India [or, as the case may be, the Governor of ..............................................(name of State)] to refrain
from exercising a lawful power as such President (or, as the case may be, the Government) assaulted
President (or, as the case may be, the Governor), and thereby committed an offence punishable under
section 151 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.

(3) On section 198.—That you, on or about the................................................................................day

of.............................................., at.............................................., did (or omitted to do, as the case may be)
............................................., such conduct being contrary to the provisions

of..............................................Act .............................................., section.............................................., and
known by you to be prejudicial to.............................................., and thereby committed an offence
punishable under section 198 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this
Court.

(4) On section 229.—That you, on or about the...............................................................................day

of.............................................., at.............................................., in the course of the trial of
..............................................before.............................................., stated in evidence that

“..............................................” which statement you either knew or believed to be false, or did not believe
to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita,
2023, and within the cognizance of this Court.

(5) On section 105.—That you, on or about the..................................................................................day

of.............................................., at.............................................., committed culpable homicide not
amounting to murder, causing the death of.............................................., and thereby committed an offence
punishable under section 105 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this
Court.

(6) On section 108.—That you, on or about the..............................................................................day

of......................................................, at......................................................., abetted the commission of
suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under
section 108 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.

(7) On section 117(2).—That you, on or about the...........................................................................day

of.............................................., at.............................................., voluntarily caused grievous hurt

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to..................................., and thereby committed an offence punishable under section 117(2) of the
Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court.

(8) On section 309(2).—That you, on or about the..........................................................................day

of.............................................., at.............................................., robbed.............................................. (state
the name), and thereby committed an offence punishable under section 309(2) of the Bharatiya Nyaya
Sanhita, 2023, and within the cognizance of this Court.

(9) On section 310(2).—That you, on or about the............................................................................day

of.............................................., at.............................................., committed dacoity, an offence punishable
under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court.

II. CHARGES WITH TWO OR MORE HEADS

(1)(a) I,..............................................(name and office of Magistrate, etc.), hereby charge

you..............................................(name of accused person) as follows:—

(b) On section 179.—First—That you, on or about the..............................................day

of.............................................., at.............................................., knowing a coin to be counterfeit, delivered
the same to another person, by name, A. B., as genuine, and thereby committed an offence punishable under
section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

_Secondly—That_ you, on or about the...............................................................day

of.............................................., at.............................................., knowing a coin to be counterfeit attempted
to induce another person, by name, _A.B.,_ to receive it as genuine, and thereby committed an offence
punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court
of Session.

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

(Signature and seal of the Magistrate)

[To be substituted for (b)]:—

(2) On sections 103 and 105.—First—That you, on or about the..................................... day

of.............................................., at.............................................., committed murder by causing the death
of.............................................., and thereby committed an offence punishable under section 103 of the
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

_Secondly—That you, on or about the......................................day of........................................,_

at.............................................., by causing the death of.............................................., committed culpable
homicide not amounting to murder, and thereby committed an offence punishable under section 105 of the
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

(3) On sections 303(2) and 307.—First—That you, on or about the..................................... day

of................................, at......, committed theft, and thereby committed an offence punishable under section
303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.

_Secondly—That you, on or about the.............................................................................................day_

of.............................................., at.............................................., committed theft, having made preparation
for causing death to a person in order to the committing of such theft, and thereby committed an offence
punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court
of Session.

_Thirdly—That you, on or about the................................................................................................day_

of.............................................., at.............................................., committed theft, having made preparation
for causing restraint to a person in order to the effecting of your escape after the committing of such theft,

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and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and
within the cognizance of the Court of Session.

_Fourthly—That_ you, on or about the.................................................................day

of.............................................., at.............................................., committed theft, having made preparation
for causing fear of hurt to a person in order to the restraining of property taken by such theft and thereby
committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the
cognizance of the Court of Session.

(4)Alternative charge on section 229.—That you, on or about the...................................... day

of......................................., at......................................., in the course of the inquiry

into.............................................., before.............................................., stated in evidence that

‘‘..............................................’’, and that you, on or about the..............................................day of
.............................................., at.............................................., in the course of the trial of,

....................................... before, stated in the evidence that ‘‘..............................................’’, one of which
statements you either knew or believed to be false, did not believe to be true, and thereby committed an
offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of
the Court of Session.

(In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance of the
Court of Session’’.)

III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION

I,..................................................(name and office of Magistrate, etc.) hereby charge you

..............................................(name of accused person) as follows:—

That you, on or about the..............................................day of..............................................,

at.............................................., committed theft, and thereby committed an offence punishable under
section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session (or
Magistrate, as the case may be).

And you, the said ................................................................(name of accused), stand further charged that

you, before the committing of the said offence, that is to say, on the...................................................... day
of.............................................., had been convicted by the..................................................(state Court by
_which conviction was had) at..............................................of an offence punishable under Chapter XVII of_
the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence
of house-breaking by night..............................................(describe the offence in the words used in the
_section under which the accused was convicted), which conviction is still in full force and effect, and that_
you are thereby liable to enhanced punishment under section 13 of the Bharatiya Nyaya Sanhita, 2023.

And I hereby direct that you be tried, etc.

————

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FORM No. 34

SUMMONS TO WITNESS

(See sections 63 and 267)

To..............................................of..............................................

WHEREAS complaint has been made before me that..............................................(name of the accused)

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

You are hereby summoned to appear before this Court on the.............................................day

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

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FORM No. 35

WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR

FINE IF PASSED BY A COURT

(See sections 258, 271 and 278)

To the Officer in charge of Jail at..............................................

WHEREAS on the.........................................................................day of ...............................................,

..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case
No. ..............................................of the Calendar for 20 ................................., was convicted before
me.................................................................................(name and official designation) of the offence
of..............................................(mention the offence or offences concisely) under section (or sections)
.............................................. of the Bharatiya Nyaya Sanhita, 2023 (or of..............................................Act
...........), and was sentenced to..............................................(state the punishment fully and distinctly).

This is to authorise and require you to receive the said.............................................. (prisoner's name)

into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into
execution according to law.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 36

WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION

(See section 273)

To the Officer in charge of Jail at..............................................

WHEREAS.....................................................................................(name and description) has brought

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

This is to authorise and require you to receive the said..............................................(name) into your

custody, together with this warrant, and him safely to keep in the said Jail for the said period of
.......................................................................(term of imprisonment), subject to the provisions of
section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum be sooner paid, and on the receipt
thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of
its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

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FORM No. 37

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

CHARGE OF OFFENCE

(See section 302)

To the Officer in charge of Jail at..............................................

WHEREAS the attendance of..............................................(name _of_ _prisoner)_ at present

confined/detained in the above-mentioned prison, is required in this Court to answer to a charge
of..............................................(state shortly the offence charged) or for the purpose of a
proceeding..............................................(state shortly the particulars of the proceeding).

You are hereby required to produce the said..............................................under safe and sure conduct

before this Court at..............................................................on the.............................................................day
of.............................................., 20........., by..............................................A. M. there to answer to the said
charge, or for the purpose of the said proceeding, and after this Court has dispensed with his further
attendance, cause him to be conveyed under safe and sure conduct back to the said prison.

And you are further required to inform the said..............................................of the contents of this order

and deliver to him the attached copy thereof.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

Countersigned.

(Seal)                                                                       (Signature)

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FORM No. 38

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

(See section 302)

To the Officer in charge of the Jail at.............................................

WHEREAS complaint has been made before this Court that..............................................(name of the

_accused) of has committed the offence of..............................................(state offence concisely with time and_
_place) and it appears that..............................................(name of prisoner) at present confined/detained in_
the above-mentioned prison, is likely to give material evidence for the prosecution/defence.

You are hereby required to produce the said..............................................under safe and sure conduct

before this Court at..................................................................on the.........................................................day
of.............................................., 20............, by A. M. there to give evidence in the matter now pending
before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed
under safe and sure conduct back to the said prison.

And you are further required to inform the said..............................................of the contents of this order

and deliver to him the attached copy thereof.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                                (Signature)

Countersigned.

(Seal)                                                                       (Signature)

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FORM No. 39

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

(See section 384)

To the Officer in charge of the Jail at..............................................

WHEREAS at a Court held before me on this day..............................................(name and description of

_the offender) in the presence (or view) of the Court committed wilful contempt._

And whereas for such contempt the said..............................................(name of the offender) has been

adjudged by the Court to pay a fine of rupees.............................................., or in default to suffer simple
imprisonment for the period of..............................................(state the number of months or days).

This is to authorise and require you to receive the said..............................................(name of the

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                         (Signature)

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FORM No. 40

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

TO PRODUCE DOCUMENT

(See section 388)

To..............................................

(name and designation of officer of Court)

WHEREAS..............................................(name and description), being summoned (or brought before

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

This is to authorise and require you to take the said..............................................(name) into custody,

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                        (Signature)

————

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FORM No. 41

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH

(See section 407)

To the Officer in charge of the Jail at..............................................

WHEREAS at the session held before me on the...................................................................day

of.............................................., 20..............................................,..............................................(name _of_

_prisoner), the (1st, 2nd, 3rd,_ _as the case may be), prisoner in case No. ................. of the Calendar for_
20.............. at the said Session, was duly convicted of the offence of culpable homicide amounting to murder
under section ..............................................of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death,
subject to the confirmation of the said sentence by the..............................................Court
of........................................................................

This is to authorise and require you to receive the said.............................................. (prisoner's name)

into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall
receive the further warrant or order of this Court, carrying into effect the order of the said
.......................................................................Court.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                            (Signature)

————

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FORM No. 42

WARRANT AFTER A COMMUTATION OF A SENTENCE

(See sections 427, 453 and 456)

To the Officer in charge of the Jail at..............................................

WHEREAS at a Session held on the...............................................................................................day

of.............................................., 20.........., ..............................................(name of the prisoner), the (1st,
2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... at the said Session,
was convicted of the offence of..........................................................................., punishable under
section............................................................of the Bharatiya Nyaya Sanhita, 2023, and was sentenced
to..................... and thereupon committed to your custody; and whereas by the order of the
................................................................ Court of ............................................................. order of the
.............................................(a duplicate of which is hereunto annexed) the punishment adjudged by the said
sentence has been commuted to the punishment of imprisonment for life;

This is to authorise and require you safely to keep the said..............................................(prisoner’s

_name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the_
proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life
under the said order,

_or_

_if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and_

there to carry into execution the punishment of imprisonment under the said order according to law”.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                          (Signature)

————

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FORM No. 43

WARRANT OF EXECUTION OF A SENTENCE OF DEATH

(See sections 453 and 454)

To the Officer in charge of the Jail at..............................................

WHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be)

prisoner in case No. ............ of the Calendar for 20............ at the Session held before me on
the..............................................day of .............................................., 20 ..............,has been by a warrant of
the Court, dated the.................... day of .............................................., committed to your custody under
sentence of death; .............................................. and whereas the order of the High Court at
..............................................confirming the said sentence has been received by this Court.

This is to authorise and require you to carry the said sentence into execution by causing the

said..............................................to be hanged by the neck until he be dead,

at..............................................(time and place of execution), and to return this warrant to the Court with an
endorsement certifying that the sentence has been executed.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 44

WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE

(See section 461)

To..............................................

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

_warrant)._

WHEREAS..............................................(name _and_ _description_ _of_ _the_ _offender)_ was on

the..............................................day of.............................................., 20........., convicted before me of the
offence of..............................................(mention the offence concisely), and sentenced to pay a fine of
rupees..............................................; and whereas the said..............................................(name), although
required to pay the said fine, has not paid the same or any part thereof;

This is to authorise and require you to attach any movable property belonging to the said

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

Dated, this.............................................. day of.............................................., 20 ............. .

(Seal of the Court)                                                             (Signature)

————

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FORM No. 45

WARRANT FOR RECOVERY OF FINE

(See section 461)

To the Collector of the district of..............................................

WHEREAS.............................................. _(name, address and description of the offender) was on_

the..............................................day of.............................................., 20.........., convicted before me of the
offence of..............................................(mention the offence concisely), and sentenced to pay a fine of
rupees..............................................; and

WHEREAS the said..............................................(name), although require to pay the said fine, has not

paid the same or any part of thereof;

You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue

from the movable or immovable property, or both, of the said..............................................(name) and to
certify without delay what you have done in pursuance of this order.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                           (Signature)

————

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FORM No. 46

BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE

[See section 464 (1) (b)]

WHEREAS I,..............................................(name) inhabitant of..............................................(place),

have been sentenced to pay a fine of rupees..............................................and in default of payment thereof
to undergo imprisonment for..............................................; and whereas the Court has been pleased to order
my release on condition of my executing a bond for my appearance on the following date (or dates),
namely:—

I hereby bind myself to appear before the Court of.........................................................................

at.............................................. o'clock on the following date (or dates), namely:—

and, in case of making default herein, I bind myself to forfeit to Government the sum of

rupees..............................................

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                              (Signature)

WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD—

We do hereby declare ourselves sureties for the above-named that he will appear before the Court of

..............................................on the following date (or dates), namely:—

And, in case of his making default therein, we bind ourselves jointly and severally to forfeit to

Government the sum of rupees...............................................

(Signature)

————

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FORM No. 47

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

[See sections 478, 479, 480, 481, 482(3) and 485]

I,..............................................(name), of..............................................(place), having been arrested or

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Signature)

I hereby declare myself (or we jointly and severally declare ourselves and each of us) surety (or

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

Dated, this.............................................. day of.............................................., 20 ............ .

(Signature)

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————

FORM No. 48

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY

(See section 487)

To the Officer in charge of the Jail at..............................................

(or other officer in whose custody the person is)

WHEREAS..............................................(name and description of prisoner) was committed to your

custody under warrant of this Court, dated the..................................................................................day
of.............................................., and has since with his surety (or sureties) duly executed a bond under
section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

This is to authorise and require you forthwith to discharge the said....................................... (name) from

your custody, unless he is liable to be detained for some other matter.

Dated, this.............................................. day of.............................................., 20 ............ .

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(Seal of the Court)                                                                      (Signature)

————

FORM No. 49

WARRANT OF ATTACHMENT TO ENFORCE A BOND

(See section 491)

To the Police Officer in charge of the police station at..............................................

WHEREAS..............................................(name, description and address of person) has failed to appear

on..............................................(mention the occasion) pursuant to his recognizance, and has by default

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forfeited to Government the sum of rupees..............................................(the penalty in the bond); and
whereas the said..............................................(name of person) has, on due notice to him, failed to pay the
said sum or show any sufficient cause why payment should not be enforced against him;

This is to authorise and require you to attach any movable property of the said

..............................................(name) that you may find within the district of ..............................., by seizure
and detention, and, if the said amount be not paid within........................................., days to sell the property
so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what
you have done under this warrant immediately upon its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

FORM No. 50

NOTICE TO SURETY ON BREACH OF A BOND

(See section 491)

To .............................................. of ..............................................

WHEREAS on the..............................................day of.............................................., 20 .........................,

you became surety for..............................................(name) of..............................................(place) that he
should appear before this Court on the..............................................day of ..............................................and
bound yourself in default thereof to forfeit the sum of rupees..................to Government; and whereas the
said..............................................(name) has failed to appear before this Court and by reason of such default
you have forfeited the aforesaid sum of rupees.

You are hereby required to pay the said penalty or show cause, within..............................................days

from this date, why payment of the said sum should not be enforced against you.

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Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

_————_

FORM No. 51

NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR

(See section 491)

To.............................................. of..............................................

WHEREAS on the..............................................day of ............................, 20..................., you became

surety by a bond for..............................................(name) of.............................................. (place) that he
would be of good behaviour for the period of..............................................and bound yourself in default
thereof to forfeit the sum of rupees.................... to Government; and whereas the

said..............................................(name) has been convicted of the offence of..............................................
(mention the offence concisely) committed since you became such surety, whereby your security bond has
become forfeited;

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You are hereby required to pay the said penalty of rupees .................... or to show cause within

.............................................. days why it should not be paid.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                               (Signature)

————

FORM No. 52

WARRANT OF ATTACHMENT AGAINST A SURETY

(See section 491)

To..............................................of..............................................

WHEREAS..............................................(name, description and address) has bound himself as surety for

the appearance of .............................................. (mention the condition of the bond) and the said
.............................................. (name) has made default, and thereby forfeited to Government the sum of
rupees ........................ (the penalty in the bond);

This is to authorise and require you to attach any movable property of the said

................................................................(name) which you may find within ..............................................

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the district of .............................................., by seizure and detention; and, if the said amount be not paid
within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount
aforesaid, and make return of what you have done under this warrant immediately upon its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                            (Signature)

_————_

FORM No. 53

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL

(See section 491)

To the Superintendent (or Keeper) of the Civil Jail at..............................................

WHEREAS..............................................(name and description of surety) has bound himself as a surety

for the appearance of.............................................. (state the condition of the bond) and the
said..............................................(name) has therein made default whereby the penalty mentioned in the said
bond has been forfeited to Government; and whereas the said..............................................(name of surety)
has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not
be enforced against him, and the same cannot be recovered by attachment and sale of his movable property,
and an order has been made for his imprisonment in the Civil Jail for..................................(Specify the
_period);_

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This is to authorise and require you, the said Superintendent (or Keeper) to receive the

said..............................................(name) into your custody with the warrant and to keep him safely in the
said Jail for the said..............................................(term of imprisonment), and to return this warrant with an
endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

_————_

FORM No. 54

NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE

(See section 491)

To..............................................(name, description and address)

WHEREAS on the..............................................day of.............................................., 20................,you

entered into a bond not to commit, etc., ..............................................(as in the bond), and proof of the
forfeiture of the same has been given before me and duly recorded;

You are hereby called upon to pay the said penalty of rupees.................... or to show cause before me

within..............................................days why payment of the same should not be enforced against you.

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Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

————

FORM No. 55

WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP

THE PEACE

(See section 491)

To..............................................

(name and designation of police officer), at the police station of..............................................

WHEREAS..............................................(name _and_ _description)_ did, on

the..............................................day of.............................................., 20........................, enter into a bond
for the sum of rupees..............................................binding himself not to commit a breach of the peace, etc.,
(as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded;
and whereas notice has been given to the said ..............................................(name) calling upon him to show
cause why the said sum should not be paid, and he has failed to do so or to pay the said sum;

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This is to authorise and require you to attach by seizure movable property belonging to the

said..............................................(name) to the value of rupees.............., which you may find within the
district of.............................................., and, if the said sum be not paid within..........................................,
to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return
of what you have done under this warrant immediately upon its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

_————_

FORM No. 56

WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE

(See section 491)

To the Superintendent (or Keeper) of the Civil Jail at..............................................

WHEREAS proof has been given before me and duly recorded that................................(name and

_description) has committed a breach of the bond entered into by him to keep the peace, whereby he has_
forfeited to Government the sum of rupees.................. ; and whereas the

said..............................................(name) has failed to pay the said sum or to show cause why the said sum
should not be paid, although duly called upon to do so, and payment thereof cannot be enforced by
attachment of his movable property, and an order has been made for the imprisonment of the
said..............................................(name) in the Civil Jail of the period of..............................................(term
_of imprisonment);_

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This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive

the said..............................................(name) into your custody, together with this warrant, and to keep his
safely in the said Jail for the said period of ..............................................(term of imprisonment), and to
return this warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                             (Signature)

_————_

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FORM No. 57

WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR

(See section 491)

To the Police Officer in charge of the police station at..............................................

WHEREAS ......................................................................(name, description and address) did, on

the..............................................day of.............................................., 20.................., give security by bond in
the sum of rupees................... for the good behavior of..............................................(name, etc., of the
_principal), and proof has been given before me and duly recorded of the commission by the_
said..............................................(name) of the offence of ..............................................whereby the said
bond has been forfeited; and whereas notice has been given to the said..............................................(name)
calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the
said sum;

This is to authorise and require you to attach by seizure movable property belonging to the

said..............................................(name) to the value of rupees......................which you may find within the
district of.............................................., and, if the said sum be not paid within..............................................
, to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make
return of what you have done under this warrant immediately upon its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                                      (Signature)

_————_

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FORM No. 58

WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR

(See section 491)

To the Superintendent (or Keeper) of the Civil Jail at.............................................

WHEREAS..........................................................................(name, description and address) did, on the

.............................................. day of.............................................., 20.................., give security by bond in
the sum of rupees........................for the good behaviour of...................................(name, etc., of the
_principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby_
the said..............................................(name) has forfeited to Government the sum of rupees.................., and
whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although
duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property,
and an order has been made for the imprisonment of the said..............................................(name) in the Civil
Jail for the period of..............................................(term of imprisonment);

This is to authorise and require you, the Superintendent (or Keeper), to receive the

said..............................................(name) into your custody, together with this warrant, and to keep him
safely in the said Jail for the said period of..............................................(term of imprisonment), returning
this warrant with an endorsement certifying the manner of its execution.

Dated, this.............................................. day of.............................................., 20 ............ .

(Seal of the Court)                                                            (Signature)

—————

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