CRIMINAL PROCEDURE CODE
&
THE BHARATIYA NAGARIK
SURAKSHA SANHITA,
2023
By:
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Bharatiya Nagarik Suraksha Sanhita,
Code of Criminal Procedure, 1973
2023
Sec. Heading Clause Heading
Short title, extent and Short title, extent and
1 1
commencement commencement
2 Definitions 2 Definitions
3 Construction of references 3 Construction of references
Trial of offences under the
Trial of offences under Bhartiya
4 Indian Penal Code and other 4
Nyaya Sanhita and other laws
laws
5 Saving 5 Saving
6 Classes of Criminal Courts 6 Classes of Criminal Courts.
7 Territorial divisions 7 Territorial divisions
8 Metropolitan areas — Deleted
9 Court of Session 8 Court of Session
Subordination of Assistant
10 — Deleted
Sessions Judges
11 Courts of Judicial Magistrates 9 Courts of Judicial Magistrates
Chief Judicial Magistrate and Chief Judicial Magistrate and
12 Additional Chief Judicial 10 Additional Chief Judicial
Magistrate, etc. Magistrate, etc.
13 Special Judicial Magistrates 11 Special Judicial Magistrates
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Local jurisdiction of Judicial Local jurisdiction of Judicial
14 12
Magistrates Magistrates
Subordination of Judicial Subordination of Judicial
15 13
Magistrates Magistrates
Courts of Metropolitan
16 — Deleted
Magistrates
Chief Metropolitan Magistrate
17 and Additional Chief — Deleted
Metropolitan Magistrate
Special Metropolitan
18 — Deleted
Magistrates
Subordination of Metropolitan
19 — Deleted
Magistrates
20 Executive Magistrates 14 Executive Magistrates
21 Special Executive Magistrates 15 Special Executive Magistrates
Local jurisdiction of Executive Local Jurisdiction of Executive
22 16
Magistrates Magistrates
Subordination of Executive Subordination of Executive
23 17
Magistrates Magistrates
24 Public Prosecutors 18 Public Prosecutors
25 Assistant Public Prosecutors 19 Assistant Public Prosecutors
25A Directorate of Prosecution 20 Directorate of Prosecution
Courts by which offences are Courts by which offences are
26 21
triable triable
Jurisdiction in the case of
27 — Deleted
juveniles
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Sentences which High Courts Sentences which High Courts
28 22
and Sessions Judges may pass and Sessions Judges may pass
Sentences which Magistrates Sentences which Magistrates
29 23
may pass may pass
Sentence of imprisonment in Sentence of imprisonment in
30 24
default of fine default of fine
Sentence in cases of conviction Sentence in cases of conviction
31 25
of several offences at one trial of several offences at one trial
32 Mode of conferring powers 26 Mode of conferring powers
33 Powers of officers appointed 27 Powers of officers appointed
34 Withdrawal of powers 28 Withdrawal of powers
Powers of Judges and Powers of Judges and
35 Magistrates exercisable by their 29 Magistrates exercisable by their
successors-in-office successors-in-office
Powers of superior officers of Powers of superior officers of
36 30
police police
Public when to assist Public when to assist
37 31
Magistrates and police Magistrates and police
Aid to person, other than police Aid to person, other than police
38 32
officer, executing warrant officer, executing warrant
Public to give information of Public to give information of
39 33
certain offences certain offences
Duty of officers employed in Duty of officers employed in
40 connection with the affairs of a 34 connection with the affairs of a
village to make certain report village to make certain report
When police may arrest without When police may arrest without
41 35
warrant warrant
Notice of appearance before
41A — Included in Section 35
police officer
Procedure of arrest and duties Procedure of arrest and duties of
41B 36
of officer making arrest officer making arrest
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
41C Control room at districts 37 Designated Police Officer
Right of arrested person to meet Right of arrested person to meet
41D an advocate of his choice during 38 an advocate of his choice during
interrogation interrogation
Arrest on refusal to give name Arrest on refusal to give name
42 39
and residence and residence
Arrest by private person and Arrest by private person and
43 40
procedure on such arrest procedure on such arrest
44 Arrest by Magistrate 41 Arrest by Magistrate
Protection of members of the Protection of members of the
45 42
Armed Forces from arrest Armed Forces from arrest
46 Arrest how made 43 Arrest how made
Search of place entered by Search of place entered by
47 44
person sought to be arrested person sought to be arrested
Pursuit of offenders into other Pursuit of offenders into other
48 45
jurisdictions jurisdictions
49 No unnecessary restraint 46 No unnecessary restraint
Person arrested to be informed Person arrested to be informed
50 of grounds of arrest and of right 47 of grounds of arrest and of right
to bail to bail
Obligation of person making Obligation of person making
50A arrest to inform about the arrest, 48 arrest to inform about the arrest,
etc., to a nominated person etc., to relative or friend
51 Search of arrested person 49 Search of arrested person
Power to seize offensive Power to seize offensive
52 50
weapons weapons
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Examination of accused by Examination of accused by
53 medical practitioner at the 51 medical practitioner at the
request of police officer request of police officer
Examination of person accused Examination of person accused
53A 52
of rape by medical practitioner of rape by medical practitioner
Examination of arrested person Examination of arrested person
54 53
by medical officer by medical officer
54A Identification of person arrested 54 Identification of person arrested
Procedure when police officer Procedure when police officer
55 deputes subordinate to arrest 55 deputes subordinate to arrest
without warrant without warrant
Health and safety of arrested Health and safety of arrested
55A 56
person person
Person arrested to be taken Person arrested to be taken
56 before Magistrate or officer in 57 before Magistrate or officer in
charge of police station charge of police station
Person arrested not to be Person arrested not to be
57 detained more than twenty-four 58 detained more than twenty-four
hours hours
58 Police to report apprehensions 59 Police to report apprehensions
Discharge of person Discharge of person
59 60
apprehended apprehended
Power, on escape, to pursue Power, on escape, to pursue and
60 61
and retake retake
Arrest to be made strictly Arrest to be made strictly
60A 62
according to the Code according to the Sanhita
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
61 Form of summons 63 Form of summons
62 Summons how served 64 Summons how served
Service of summons on
Service of summons on
63 65 corporate bodies, firms, and
corporate bodies and societies
societies
Service when persons Service when persons
64 66
summoned cannot be found summoned cannot be found
Procedure when service cannot Procedure when service cannot
65 67
be effected as before provided be effected as before provided
66 Service on Government servant 68 Service on Government servant
Service of summons outside Service of summons outside
67 69
local limits local limits
Proof of service in such cases Proof of service in such cases
68 and when serving officer not 70 and when serving officer not
present present
Service of summons on witness Service of summons on witness
69 71
by post by post
Form of warrant of arrest and Form of warrant of arrest and
70 72
duration duration
Power to direct security to be Power to direct security to be
71 73
taken taken
72 Warrants to whom directed 74 Warrants to whom directed
Warrant may be directed to any Warrant may be directed to any
73 75
person person
Warrant directed to police
74 76 Warrant directed to police officer
officer
Notification of substance of Notification of substance of
75 77
warrant warrant
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Person arrested to be brought Person arrested to be brought
76 78
before Court without delay before Court without delay
Where warrant may be
77 79 Where warrant may be executed
executed
Warrant forwarded for execution Warrant forwarded for execution
78 80
outside jurisdiction outside jurisdiction
Warrant directed to police
Warrant directed to police officer
79 officer for execution outside 81
for execution outside jurisdiction
jurisdiction
Procedure on arrest of person Procedure on arrest of person
80 82
against whom warrant issued against whom warrant issued
Procedure by Magistrate before Procedure by Magistrate before
81 whom such person arrested is 83 whom such person arrested is
brought brought
Proclamation for person Proclamation for person
82 84
absconding absconding
Attachment of property of Attachment of property of person
83 85
person absconding absconding
Claims and objections to Claims and objections to
84 87
attachment attachment
Release, sale and restoration of Release, sale and restoration of
85 88
attached property attached property
Appeal from order rejecting Appeal from order rejecting
86 application for restoration of 89 application for restoration of
attached property attached property
Issue of warrant in lieu of, or in Issue of warrant in lieu of, or in
87 90
addition to, summons addition to, summons
Power to take bond for Power to take bond for
88 91
appearance appearance
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Arrest on breach of bond for Arrest on breach of bond for
89 92
appearance appearance
Provisions of this Chapter Provisions of this Chapter
generally applicable to generally applicable to
90 93
summonses and warrants of summonses and warrants of
arrest arrest
Summons to produce document Summons to produce document
91 94
or other thing or other thing
Procedure as to letters and Procedure as to letters and
92 95
telegrams telegrams
When search warrant may be When search-warrant may be
93 96
issued issued
Search of place suspected to Search of place suspected to
94 contain stolen property, forged 97 contain stolen property, forged
documents, etc. documents, etc.
Power to declare certain Power to declare certain
publications forfeited and to publications forfeited and to
95 98
issue search warrants for the issue search-warrants for the
same same
Application to High Court to set Application to High Court to set
96 99
aside declaration of forfeiture aside declaration of forfeiture
Search for persons wrongfully Search for persons wrongfully
97 100
confined confined
Power to compel restoration of Power to compel restoration of
98 101
abducted females abducted females
Direction, etc., of search Direction, etc., of search-
99 102
warrants warrants
Persons in charge of closed Persons in charge of closed
100 103
place to allow search place to allow search
Disposal of things found in Disposal of things found in
101 104
search beyond jurisdiction search beyond jurisdiction
Recording of search and seizure
---- ---- 105 through audio-video electronic
means
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Power of Police Officer to seize Power of Police Officer to seize
102 106
certain property certain property
Attachment, forfeiture and
---- ---- 107
restoration of property
Magistrate may direct search in Magistrate may direct search in
103 108
his presence his presence
Power to impound document, Power to impound document,
104 109
etc., produced etc., produced
Reciprocal arrangements Reciprocal arrangements
105 110
regarding processes regarding processes
105A Definitions 111 Definitions
Letter of request to competent
----- ----- 112 authority for investigation in a
country or place outside India
Letter of request from a country
or place outside India to a Court
----- ----- 113
or an authority for investigation
in India.
Assistance in securing transfer Assistance in securing transfer
105B 114
of persons of persons
Assistance in relation to orders Assistance in relation to orders
105C of attachment or forfeiture of 115 of attachment or forfeiture of
property property
Identifying unlawfully acquired Identifying unlawfully acquired
105D 116
property property.
Seizure or attachment of Seizure or attachment of
105E 117
property property
Management of properties Management of properties
105F seized or forfeited under this 118 seized or forfeited under this
Chapter Chapter
105G Notice of forfeiture of property 119 Notice of forfeiture of property
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Forfeiture of property in certain Forfeiture of property in certain
105H 120
cases cases
105-I Fine in lieu of forfeiture 121 Fine in lieu of forfeiture
Certain transfers to be null and Certain transfers to be null and
105J 122
void void
Procedure in respect of letter of Procedure in respect of letter of
105K 123
request request
105L Application of this Chapter 124 Application of this Chapter
Security for keeping the peace Security for keeping the peace
106 125
on conviction on conviction
Security for keeping the peace Security for keeping the peace
107 126
in other cases in other cases
Security for good behaviour Security for good behaviour
108 from persons disseminating 127 from persons disseminating
seditious matters seditious matters
Security for good behaviour Security for good behaviour
109 128
from suspected persons from suspected persons
Security for good behaviour Security for good behaviour
110 129
from habitual offenders from habitual offenders
111 Order to be made 130 Order to be made
Procedure in respect of person Procedure in respect of person
112 131
present in Court present in Court
Summons or warrant in case of Summons or warrant in case of
113 132
person not so present person not so present
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Copy of order to accompany Copy of order to accompany
114 133
summons or warrant summons or warrant
Power to dispense with Power to dispense with
115 134
personal attendance personal attendance
116 Inquiry as to truth of information 135 Inquiry as to truth of information
117 Order to give security 136 Order to give security
Discharge of person informed Discharge of person informed
118 137
against against
Commencement of period for Commencement of period for
119 138
which security is required which security is required
120 Contents of bond 139 Contents of bond
121 Power to reject sureties 140 Power to reject sureties
Imprisonment in default of Imprisonment in default of
122 141
security security
Power to release persons Power to release persons
123 imprisoned for failing to give 142 imprisoned for failing to give
security security
Security for unexpired period of Security for unexpired period of
124 143
bond bond
Order for maintenance of wives, Order for maintenance of wives,
125 144
children and parents children and parents
126 Procedure 145 Procedure
127 Alteration in allowance 146 Alteration in allowance
Enforcement of order of Enforcement of order of
128 147
maintenance maintenance
Dispersal of assembly by use of Dispersal of assembly by use of
129 148
civil force civil force
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Use of armed forces to disperse Use of armed forces to disperse
130 149
assembly assembly
Power of certain armed force Power of certain armed force
131 150
officers to disperse assembly officers to disperse assembly
Protection against prosecution Protection against prosecution
132 for acts done under preceding 151 for acts done under sections
sections 148, 149 and 150
Conditional order for removal of Conditional order for removal of
133 152
nuisance nuisance
134 Service or notification of order 153 Service or notification of order
Person to whom order is Person to whom order is
135 addressed to obey or show 154 addressed to obey or show
cause cause
Consequences of his failing to Consequences of his failing to
136 155
do so do so
Procedure where existence of Procedure where existence of
137 156
public right is denied public right is denied
Procedure where he appears to Procedure where he appears to
138 157
show cause show cause
Power of Magistrate to direct Power of Magistrate to direct
139 local investigation and 158 local investigation and
examination of an expert examination of an expert
Power of Magistrate to furnish Power of Magistrate to furnish
140 159
written instructions, etc. written instructions, etc.
Procedure on order being made Procedure on order being made
141 absolute and consequences of 160 absolute and consequences of
disobedience disobedience
142 Injunction pending inquiry 161 Injunction pending inquiry
Magistrate may prohibit Magistrate may prohibit
143 repetition or continuance of 162 repetition or continuance of
public nuisance public nuisance
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Power to issue order in urgent Power to issue order in urgent
144 cases of nuisance or 163 cases of nuisance or
apprehended danger apprehended danger
Power to prohibit carrying arms
144A in procession or mass drill or — Deleted
mass training with arms
Procedure where dispute Procedure where dispute
145 concerning land or water is 164 concerning land or water is
likely to cause breach of peace likely to cause breach of peace
Power to attach subject of Power to attach subject of
146 165
dispute and to appoint receiver dispute and to appoint receiver
Dispute concerning right of use Dispute concerning right of use
147 166
of land or water of land or water
148 Local inquiry 167 Local inquiry
Police to prevent cognizable Police to prevent cognizable
149 168
offences offences
Information of design to commit Information of design to commit
150 169
cognizable offences cognizable offences
Arrest to prevent the Arrest to prevent the
151 commission of cognizable 170 commission of cognizable
offences offences
Prevention of injury to public Prevention of injury to public
152 171
property property
Persons bound to confirm to
---- ---- 172
lawful directions of Police
Inspection of weights and
153 — Deleted
measures
154 Information in cognizable cases 173 Information in cognizable cases
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Information as to non- Information as to non-
155 cognizable cases and 174 cognizable cases and
investigation of such cases investigation of such cases
Police officer’s power to Police officer’s power to
156 175
investigate cognizable cases investigate cognizable case
157 Procedure for investigation 176 Procedure for investigation
158 Report how submitted 177 Report how submitted
Power to hold investigation or Power to hold investigation or
159 178
preliminary inquiry preliminary inquiry
Police officer’s power to require Police officer’s power to require
160 179
attendance of witnesses attendance of witnesses
Examination of witnesses by Examination of witnesses by
161 180
police police
Statements to police not to be Statements to police not to be
162 signed – Use of statements in 181 signed: Use of statements in
evidence evidence
163 No inducement to be offered 182 No inducement to be offered
Recording of confessions and Recording of confessions and
164 183
statements statements
Medical examination of the Medical examination of the
164A 184
victim of rape victim of rape
165 Search by police officer 185 Search by police officer
When officer in charge of police When officer in charge of police
166 station may require another to 186 station may require another to
issue search warrant issue search-warrant
Letter of request to competent
166A authority for investigation in a — Deleted
country or place outside India
Letter of request from a country
or place outside India to a Court
166B — Deleted
or an authority for investigation
in India
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Procedure when investigation Procedure when investigation
167 cannot be completed in twenty- 187 cannot be completed in twenty-
four hours four hours
Report of investigation by Report of investigation by
168 188
subordinate police officer subordinate police officer
Release of accused when Release of accused when
169 189
evidence deficient evidence deficient
Cases to be sent to Magistrate Cases to be sent to Magistrate,
170 190
when evidence is sufficient when evidence is sufficient
Complainant and witnesses not Complainant and witnesses not
to be required to accompany to be required to accompany
171 191
police officer and not to be police officer and not to be
subjected to restraint subjected to restraint
Diary of proceedings in Diary of proceedings in
172 192
investigation investigation
Report of police officer on Report of police officer on
173 193
completion of investigation completion of investigation
Police to enquire and report on Police to enquire and report on
174 194
suicide, etc. suicide, etc.
175 Power to summon persons 195 Power to summon persons
Inquiry by Magistrate into cause Inquiry by Magistrate into cause
176 196
of death of death
Ordinary place of inquiry and Ordinary place of inquiry and
177 197
trial trial
178 Place of inquiry or trial 198 Place of inquiry or trial
Offence triable where act is Offence triable where act is
179 199
done or consequence ensues done or consequence ensues
Place of trial where act is an Place of trial where act is an
180 offence by reason of relation to 200 offence by reason of relation to
other offence other offence
Place of trial in case of certain Place of trial in case of certain
181 201
offences offences
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Offences committed by means
Offences committed by letters,
182 202 of electronic communications,
etc.
letters, etc.
Offence committed on journey Offence committed on journey
183 203
or voyage or voyage
Place of trial for offences triable Place of trial for offences triable
184 204
together together
Power to order cases to be tried Power to order cases to be tried
185 205
in different sessions divisions in different sessions divisions
High Court to decide, in case of High Court to decide, in case of
186 doubt, district where inquiry or 206 doubt, district where inquiry or
trial shall take place trial shall take place
Power to issue summons or Power to issue summons or
187 warrant for offence committed 207 warrant for offence committed
beyond local jurisdiction beyond local jurisdiction
Offence committed outside Offence committed outside
188 208
India India
Receipt of evidence relating to Receipt of evidence relating to
189 offences committed outside 209 offences committed outside
India India
Cognizance of offences by Cognizance of offences by
190 210
Magistrates Magistrates
Transfer on application of the Transfer on application of the
191 211
accused accused
Making over of cases to Making over of cases to
192 212
Magistrates Magistrates
Cognizance of offences by Cognizance of offences by
193 213
Courts of Session Courts of Session
Additional and Assistant
Additional Sessions Judges to
194 Sessions Judges to try cases 214
try cases made over to them
made over to them
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Prosecution for contempt of Prosecution for contempt of
lawful authority of public lawful authority of public
servants, for offences against servants, for offences against
195 215
public justice and for offences public justice and for offences
relating to documents given in relating to documents given in
evidence evidence
Procedure for witnesses in case Procedure for witnesses in case
195A 216
of threatening, etc. of threatening, etc.
Prosecution for offences Prosecution for offences
against the State and for against the State and for
196 217
criminal conspiracy to commit criminal conspiracy to commit
such offence such offence
Prosecution of Judges and Prosecution of Judges and
197 218
public servants public servants
Prosecution for offences Prosecution for offences
198 219
against marriage against marriage
Prosecution of offences under Prosecution of offences under
198A section 498A of the Indian 220 section 498A of the Bharatiya
Penal Code Nyaya Sanhita, 2023
198B Cognizance of offence 221 Cognizance of offence
199 Prosecution for defamation 222 Prosecution for defamation
200 Examination of complainant 223 Examination of complainant
Procedure by Magistrate not Procedure by Magistrate not
201 competent to take cognizance 224 competent to take cognizance
of the case of the case
Postponement of issue of Postponement of issue of
202 225
process process
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
203 Dismissal of complaint 226 Dismissal of complaint
204 Issue of process 227 Issue of process
Magistrate may dispense with Magistrate may dispense with
205 228
personal attendance of accused personal attendance of accused
Special summons in cases of Special summons in cases of
206 229
petty offence petty offence
Supply to the accused of copy Supply to the accused of copy
207 of police report and other 230 of police report and other
documents documents
Supply of copies of statements Supply of copies of statements
and documents to accused in and documents to accused in
208 231
other cases triable by court of other cases triable by Court of
session Session
Commitment of case to Court of Commitment of case to Court of
209 Session when offence is triable 232 Session when offence is triable
exclusively by it exclusively by it
Procedure to be followed when Procedure to be followed when
there is a complaint case and there is a complaint case and
210 233
police investigation in respect of police investigation in respect of
the same offence the same offence
211 Contents of charge 234 Contents of charge
Particulars as to time, place and Particulars as to time, place
212 235
person and person
When manner of committing When manner of committing
213 236
offence must be stated offence must be stated
Words in charge taken in sense Words in charge taken in sense
214 of law under which offence is 237 of law under which offence is
punishable punishable
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
215 Effect of errors 238 Effect of errors
216 Court may alter charge 239 Court may alter charge
Recall of witnesses when Recall of witnesses when
217 240
charge altered charge altered
Separate charges for distinct Separate charges for distinct
218 241
offences offences
Three offences of same kind
Offences of same kind within
219 within year may be charged 242
year may be charged together
together
220 Trial for more than one offence 243 Trial for more than one offence
Where it is doubtful what Where it is doubtful what
221 244
offence has been committed offence has been committed
When offence proved included When offence proved included
222 245
in offence charged in offence charged
What persons may be charged What persons may be charged
223 246
jointly jointly
Withdrawal of remaining Withdrawal of remaining
224 charges on conviction on one of 247 charges on conviction on one of
several charges several charges
Trial to be conducted by Public Trial to be conducted by Public
225 248
Prosecutor Prosecutor
226 Opening case for prosecution 249 Opening case for prosecution
227 Discharge 250 Discharge
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
228 Framing of charge 251 Framing of charge
229 Conviction on plea of guilty 252 Conviction on plea of guilty
230 Date for prosecution evidence 253 Date for prosecution evidence
231 Evidence for prosecution 254 Evidence for prosecution
232 Acquittal 255 Acquittal
233 Entering upon defence 256 Entering upon defence
234 Arguments 257 Arguments
Judgment of acquittal or Judgment of acquittal or
235 258
conviction conviction
236 Previous conviction 259 Previous conviction
Procedure in cases instituted Procedure in cases instituted
237 260
under section 199(2) under section 223(1)
238 Compliance with section 207 261 Compliance with section 231
When accused shall be When accused shall be
239 262
discharged discharged
240 Framing of charge 263 Framing of charge
241 Conviction on plea of guilty 264 Conviction on plea of guilty
242 Evidence for prosecution 265 Evidence for prosecution
243 Evidence for defence 266 Evidence for defence
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
244 Evidence for prosecution 267 Evidence for prosecution
When accused shall be When accused shall be
245 268
discharged discharged
Procedure where accused is Procedure where accused is
246 269
not discharged not discharged
247 Evidence for defence 270 Evidence for defence
248 Acquittal or conviction 271 Acquittal or conviction
249 Absence of complainant 272 Absence of complainant
Compensation for accusation Compensation for accusation
250 273
without reasonable cause without reasonable cause
Substance of accusation to be Substance of accusation to be
251 274
stated stated
252 Conviction on plea of guilty 275 Conviction on plea of guilty
Conviction on plea of guilty in Conviction on plea of guilty in
253 absence of accused in petty 276 absence of accused in petty
cases cases
254 Procedure when not convicted 277 Procedure when not convicted
255 Acquittal or conviction 278 Acquittal or conviction
Non-appearance or death of Non-appearance or death of
256 279
complainant complainant
257 Withdrawal of complaint 280 Withdrawal of complaint
Power to stop proceedings in Power to stop proceedings in
258 281
certain cases certain cases
Power of Court to convert Power of Court to convert
259 summons-cases into warrant- 282 summons-cases into warrant-
cases cases
260 Power to try summarily 283 Power to try summarily
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Summary trial by Magistrate of Summary trial by Magistrate of
261 284
the second class the second class
262 Procedure for summary trials 285 Procedure for summary trials
263 Record in summary trials 286 Record in summary trials
Judgment in cases tried Judgment in cases tried
264 287
summarily summarily
Language of record and Language of record and
265 288
judgment judgment
265A Application of the Chapter 289 Application of the Chapter
265B Application for plea bargaining 290 Application for plea bargaining
Guidelines for mutually Guidelines for mutually
265C 291
satisfactory disposition satisfactory disposition
Report of the mutually Report of the mutually
265D satisfactory disposition to be 292 satisfactory disposition to be
submitted before the Court submitted before the Court
265E Disposal of the case 293 Disposal of the case
265F Judgment of the Court 294 Judgment of the Court
265G Finality of the judgment 295 Finality of the judgment
Power of the Court in plea Power of the Court in plea
265H 296
bargaining bargaining
Period of detention undergone Period of detention undergone
by the accused to be set off by the accused to be set off
265-I 297
against the sentence of against the sentence of
imprisonment imprisonment
265J Savings 298 Savings
Statements of accused not to Statements of accused not to
265K 299
be used be used
265L Non-application of the Chapter 300 Non-application of the Chapter
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
266 Definitions 301 Definition
Power to require attendance of Power to require attendance of
267 302
prisoners prisoners
Power of State Government or
Power of State Government to
Central Government to exclude
268 exclude certain persons from 303
certain persons from operation
operation of section 267
of section 302
Officer-in-charge of prison to Officer in charge of prison to
269 abstain from carrying out order 304 abstain from carrying out order
in certain contingencies in certain contingencies
Prisoner to be brought to Court Prisoner to be brought to Court
270 305
in custody in custody
Power to issue commission for Power to issue commission for
271 306
examination of witness in prison examination of witness in prison
272 Language of Courts 307 Language of Courts
Evidence to be taken in Evidence to be taken in
273 308
presence of accused presence of accused
Record in summons-cases and Record in summons-cases and
274 309
inquiries inquiries
275 Record in warrant-cases 310 Record in warrant-cases
Record in trial before Court of Record in trial before Court of
276 311
Session Session
277 Language of record of evidence 312 Language of record of evidence
Procedure in regard to such Procedure in regard to such
278 313
evidence when completed evidence when completed
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Interpretation of evidence to Interpretation of evidence to
279 314
accused or his pleader accused or his pleader
Remarks respecting demeanour Remarks respecting
280 315
of witness demeanour of witness
Record of examination of Record of examination of
281 316
accused accused
Interpreter to be bound to Interpreter to be bound to
282 317
interpret truthfully interpret truthfully
283 Record in High Court 318 Record in High Court
When attendance of witness When attendance of witness
284 may be dispensed with and 319 may be dispensed with and
commission issued commission issued
Commission to whom to be Commission to whom to be
285 320
issued issued
286 Execution of commissions 321 Execution of commissions
287 Parties may examine witnesses 322 Parties may examine witnesses
288 Return of commission 323 Return of commission
289 Adjournment of proceeding 324 Adjournment of proceeding
Execution of foreign Execution of foreign
290 325
commissions commissions
291 Deposition of medical witness 326 Deposition of medical witness
291 Identification report of Identification report of
327
A Magistrate Magistrate
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
292 Evidence of officers of the Mint 328 Evidence of officers of the Mint
Reports of certain Government Reports of certain Government
293 329
scientific experts scientific experts
No formal proof of certain No formal proof of certain
294 330
documents documents
Affidavit in proof of conduct of Affidavit in proof of conduct of
295 331
public servants public servants
Evidence of formal character on Evidence of formal character on
296 332
affidavit affidavit
Authorities before whom Authorities before whom
297 333
affidavits may be sworn affidavits may be sworn
Previous conviction or acquittal Previous conviction or acquittal
298 334
how proved how proved
Record of evidence in absence Record of evidence in absence
299 335
of accused of accused
Evidence of public servants,
----- ----- 336 experts, police officers in
certain cases
Person once convicted or Person once convicted or
300 acquitted not to be tried for 337 acquitted not to be tried for
same offence same offence
Appearance by Public Appearance by Public
301 338
Prosecutors Prosecutors
Permission to conduct Permission to conduct
302 339
prosecution prosecution
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Right of person against whom Right of person against whom
303 proceedings are instituted to be 340 proceedings are instituted to be
defended defended
Legal aid to accused at State Legal aid to accused at State
304 341
expense in certain cases expense in certain cases
Procedure when corporation or
Procedure when corporation or
305 342 registered society is an
registered society is an accused
accused
306 Tender of pardon to accomplice 343 Tender of pardon to accomplice
Power to direct tender of Power to direct tender of
307 344
pardon pardon
Trial of person not complying Trial of person not complying
308 345
with conditions of pardon with conditions of pardon
Power to postpone or adjourn Power to postpone or adjourn
309 346
proceedings proceedings
310 Local inspection 347 Local inspection
Power to summon material Power to summon material
311 witness, or examine person 348 witness, or examine person
present present
Power of Magistrate to order Power of Magistrate to order
311
person to give specimen 349 person to give specimen
A
signatures or handwriting signatures or handwriting
Expenses of complainants and Expenses of complainants and
312 350
witnesses witnesses
313 Power to examine the accused 351 Power to examine the accused
Oral arguments and Oral arguments and
314 352
memorandum of arguments memorandum of arguments
Accused person to be Accused person to be
315 353
competent witness competent witness
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
No influence to be used to No influence to be used to
316 354
induce disclosure induce disclosure
Provision for inquiries and trial Provision for inquiries and trial
317 being held in the absence of 355 being held in the absence of
accused in certain cases accused in certain cases
Inquiry, trial or judgment in
----- ----- 356
absentia of proclaimed offender
Procedure where accused does Procedure where accused does
318 357
not understand proceedings not understand proceedings
Power to proceed against other Power to proceed against other
319 persons appearing to be guilty 358 persons appearing to be guilty
of offence of offence
320 Compounding of offences 359 Compounding of offences
321 Withdrawal from prosecution 360 Withdrawal from prosecution
Procedure in cases which Procedure in cases which
322 361
Magistrate cannot dispose of Magistrate cannot dispose of
Procedure when, after Procedure when, after
commencement of inquiry or commencement of inquiry or
323 362
trial, Magistrate finds case trial, Magistrate finds case
should be committed should be committed
Trial of persons previously Trial of persons previously
324 convicted of offences against 363 convicted of offences against
coinage, stamp-law or property coinage, stamp-law or property
Procedure when Magistrate Procedure when Magistrate
325 cannot pass sentence 364 cannot pass sentence
sufficiently severe sufficiently severe
Conviction or commitment on Conviction or commitment on
evidence partly recorded by one evidence partly recorded by
326 365
Magistrate and partly by one Magistrate and partly by
another another
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
327 Court to be open 366 Court to be open
Procedure in case of accused Procedure in case of accused
328 367
being lunatic being person with mental illness
Procedure in case of person of Procedure in case of person
329 unsound mind tried before 368 with mental illness tried before
Court Court
Release of person of unsound Release of person with mental
330 mind pending investigation or 369 illness pending investigation or
trial trial
331 Resumption of inquiry or trial 370 Resumption of inquiry or trial
Procedure on accused Procedure on accused
332 appearing before Magistrate or 371 appearing before Magistrate or
Court Court
When accused appears to have When accused appears to have
333 372
been of sound mind been of sound mind
Judgment of acquittal on Judgment of acquittal on
334 373
ground of unsoundness of mind ground of mental illness
Person acquitted on such Person acquitted on such
335 ground to be detained in safe 374 ground to be detained in safe
custody custody
Power of State Government to Power of State Government to
336 empower officer-in-charge to 375 empower officer-in-charge to
discharge discharge
Procedure where lunatic Procedure where prisoner with
337 prisoner is reported capable of 376 mental illness is reported
making his defence capable of making his defence
Procedure where lunatic Procedure where person with
338 detained is declared fit to be 377 mental illness detained is
released declared fit to be released
Delivery of person with mental
Delivery of lunatic to care of
339 378 liabilities to care of relative or
relative or friend
friend
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Procedure in cases mentioned Procedure in cases mentioned
340 379
in section 195 in section 215
341 Appeal 380 Appeal
342 Power to order costs 381 Power to order costs
Procedure of Magistrate taking Procedure of Magistrate taking
343 382
cognizance cognizance
Summary procedure for trial for Summary procedure for trial for
344 383
giving false evidence giving false evidence
Procedure in certain cases of Procedure in certain cases of
345 384
contempt contempt
Procedure where Court Procedure where Court
346 considers that case should not 385 considers that case should not
be dealt with under section 345 be dealt with under section 384
When Registrar or Sub- When Registrar or Sub-
347 Registrar to be deemed a Civil 386 Registrar to be deemed a Civil
Court Court
Discharge of offender on Discharge of offender on
348 387
submission of apology submission of apology
Imprisonment or committal of Imprisonment or committal of
349 person refusing to answer or 388 person refusing to answer or
produce document produce document
Summary procedure for Summary procedure for
punishment for non-attendance punishment for non-attendance
350 389
by a witness in obedience to by a witness in obedience to
summons summons
Appeals from convictions under Appeals from convictions under
351 390
sections 344, 345, 349 and 350 sections 383, 384, 388 and 389
Certain Judges and Magistrates Certain Judges and Magistrates
352 not to try certain offences when 391 not to try certain offences when
committed before themselves committed before themselves
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
353 Judgment 392 Judgment
Language and contents of Language and contents of
354 393
judgment judgment
Metropolitan Magistrate’s
355 — Deleted
judgment
Order for notifying address of Order for notifying address of
356 394
previously convicted offender previously convicted offender
357 Order to pay compensation 395 Order to pay compensation
357A Victim compensation scheme 396 Victim compensation scheme
Compensation to be in addition
to fine under section 326A or
357B — Deleted
section 376D of Indian Penal
Code
357C Treatment of victims 397 Treatment of victims
----- ----- 398 Witness Protection Scheme
Compensation to persons Compensation to persons
358 399
groundlessly arrested groundlessly arrested
Order to pay costs in non- Order to pay costs in non-
359 400
cognizable cases cognizable cases
Order to release on probation of Order to release on probation of
360 good conduct or after 401 good conduct or after
admonition admonition
Special reasons to be recorded Special reasons to be recorded
361 402
in certain cases in certain cases
362 Court not to alter judgment 403 Court not to alter judgment
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Copy of judgment to be given to Copy of judgment to be given to
363 404
the accused and other persons the accused and other persons
Judgment when to be
364 Judgment when to be translated 405
translated
Court of Session to send copy Court of Session to send copy
365 of finding and sentence to 406 of finding and sentence to
District Magistrate District Magistrate
Sentence of death to be Sentence of death to be
366 submitted by Court of Session 407 submitted by Court of Session
for confirmation for confirmation
Power to direct further inquiry to Power to direct further inquiry to
367 be made or additional evidence 408 be made or additional evidence
to be taken to be taken
Power of High Court to confirm Power of High Court to confirm
368 409
sentence or annul conviction sentence or annul conviction
Confirmation or new sentence Confirmation or new sentence
369 410
to be signed by two Judges to be signed by two Judges
Procedure in case of difference Procedure in case of difference
370 411
of opinion of opinion
Procedure in cases submitted Procedure in cases submitted
371 412
to High Court for confirmation to High Court for confirmation
No appeal to lie unless No appeal to lie unless
372 413
otherwise provided otherwise provided
Appeal from orders requiring Appeal from orders requiring
security or refusal to accept or security or refusal to accept or
373 414
rejecting surety for keeping rejecting surety for keeping
peace or good behaviour peace or good behaviour
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
374 Appeals from convictions 415 Appeals from convictions
No appeal in certain cases No appeal in certain cases
375 416
when accused pleads guilty when accused pleads guilty
376 No appeal in petty cases 417 No appeal in petty cases
Appeal by the State Appeal by the State
377 418
Government against sentence Government against sentence
378 Appeal in case of acquittal 419 Appeal in case of acquittal
Appeal against conviction by Appeal against conviction by
379 420
High Court in certain cases High Court in certain cases
Special right of appeal in certain Special right of appeal in
380 421
cases certain cases
Appeal to Court of Session how Appeal to Court of Session how
381 422
heard heard
382 Petition of appeal 423 Petition of appeal
383 Procedure when appellant in jail 424 Procedure when appellant in jail
384 Summary dismissal of appeal 425 Summary dismissal of appeal
Procedure for hearing appeals Procedure for hearing appeals
385 426
not dismissed summarily not dismissed summarily
386 Powers of the Appellate Court 427 Powers of the Appellate Court
Judgments of subordinate Judgments of Subordinate
387 428
Appellate Court Appellate Court
Order of High Court on appeal Order of High Court on appeal
388 429
to be certified to lower Court to be certified to lower Court
Suspension of sentence Suspension of sentence
389 pending the appeal; release of 430 pending the appeal; release of
appellant on bail appellant on bail
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Arrest of accused in appeal Arrest of accused in appeal
390 431
from acquittal from acquittal
Appellate Court may take Appellate Court may take
391 further evidence or direct it to 432 further evidence or direct it to
be taken be taken
Procedure where Judges of Procedure where Judges of
392 Court of Appeal are equally 433 Court of Appeal are equally
divided divided
Finality of judgments and orders Finality of judgments and
393 434
on appeal orders on appeal
394 Abatement of appeals 435 Abatement of appeals
395 Reference to High Court 436 Reference to High Court
Disposal of case according to Disposal of case according to
396 437
decision of High Court decision of High Court
Calling for records to exercise Calling for records to exercise
397 438
powers of revision powers of revision
398 Power to order inquiry 439 Power to order inquiry
Sessions Judge’s powers of Sessions Judge’s powers of
399 440
revision revision
Power of Additional Sessions Power of Additional Sessions
400 441
Judge Judge
401 High Court’s powers of revision 442 High Court’s powers of revision
Power of High Court to Power of High Court to
402 withdraw or transfer revision 443 withdraw or transfer revision
cases cases
403 Option of Court to hear parties 444 Option of Court to hear parties
Statement by Metropolitan
Magistrate of grounds of his
404 ----- Deleted
decision to be considered by
High Court
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
High Court’s order to be High Court’s order to be
405 445
certified to lower Court certified to lower Court.
Power of Supreme Court to Power of Supreme Court to
406 446
transfer cases and appeals transfer cases and appeals
Power of High Court to transfer Power of High Court to transfer
407 447
cases and appeals cases and appeals
Power of Sessions Judge to Power of Sessions Judge to
408 448
transfer cases and appeals transfer cases and appeals
Withdrawal of cases and Withdrawal of cases and
409 449
appeals by Sessions Judges appeals by Session Judge
Withdrawal of cases by Judicial Withdrawal of cases by Judicial
410 450
Magistrates Magistrate
Making over or withdrawal of Making over or withdrawal of
411 451
cases by Executive Magistrates cases by Executive Magistrates
412 Reasons to be recorded 452 Reasons to be recorded
Execution of order passed Execution of order passed
413 453
under section 368 under section 409
Execution of sentence of death Execution of sentence of death
414 454
passed by High Court passed by High Court
Postponement of execution of Postponement of execution of
415 sentence of death in case of 455 sentence of death in case of
appeal to Supreme Court appeal to Supreme Court
Postponement of capital Commutation of sentence of
416 456
sentence on pregnant woman death on pregnant woman
Power to appoint place of Power to appoint place of
417 457
imprisonment imprisonment
Execution of sentence of Execution of sentence of
418 458
imprisonment imprisonment
Direction of warrant for Direction of warrant for
419 459
execution execution
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Warrant with whom to be Warrant with whom to be
420 460
lodged lodged
421 Warrant for levy of fine 461 Warrant for levy of fine
422 Effect of such warrant 462 Effect of such warrant
Warrant for levy of fine issued Warrant for levy of fine issued
by a Court in any territory to by a Court in any territory to
423 463
which this Code does not which this Sanhita does not
extend extend
Suspension of execution of Suspension of execution of
424 464
sentence of imprisonment sentence of imprisonment
425 Who may issue warrant 465 Who may issue warrant
Sentence on escaped convict Sentence on escaped convict
426 466
when to take effect when to take effect
Sentence on offender already Sentence on offender already
427 467
sentenced for another offence sentenced for another offence
Period of detention undergone Period of detention undergone
by the accused to be set off by the accused to be set off
428 468
against the sentence of against the sentence of
imprisonment imprisonment
429 Saving 469 Saving
Return of warrant on execution Return of warrant on execution
430 470
of sentence of sentence
Money ordered to be paid Money ordered to be paid
431 471
recoverable as a fine recoverable as a fine
Mercy Petition in death
---- ----- 472
sentence cases
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Power to suspend or remit Power to suspend or remit
432 473
sentences sentences
433 Power to commute sentence 474 Power to commute sentence
Restriction on powers of
Restriction on powers of remission
433A remission or commutation in 475
or commutation in certain cases
certain cases
Concurrent power of Central Concurrent power of Central
434 Government in case of death 476 Government in case of death
sentences sentences
State Government to act after State Government to act after
435 consultation with Central 477 concurrence with Central
Government in certain cases Government in certain cases
436 In what cases bail to be taken 478 In what cases bail to be taken
Maximum period for which an Maximum period for which an
436A under-trial prisoner can be 479 under-trial prisoner can be
detained detained
When bail may be taken in case When bail may be taken in case of
437 480
of non-bailable offence non-bailable offence
Bail to require accused to
Bail to require accused to appear
437A appear before next Appellate 481
before next appellate Court
Court
Direction for grant of bail to Direction for grant of bail to person
438 482
person apprehending arrest apprehending arrest
Special powers of High Court or Special powers of High Court or
439 483
Court of Session regarding bail Court of Session regarding bail
Amount of bond and reduction Amount of bond and reduction
440 484
thereof thereof
441 Bond of accused and sureties 485 Bond of accused and sureties
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
441A Declaration by sureties 486 Declaration by sureties
442 Discharge from custody 487 Discharge from custody
Power to order sufficient bail
Power to order sufficient bail when
443 when that first taken is 488
that first taken is insufficient
insufficient
444 Discharge of sureties 489 Discharge of sureties
445 Deposit instead of recognizance 490 Deposit instead of recognizance
Procedure when bond has been Procedure when bond has been
446 491
forfeited forfeited
Cancellation of bond and bail-
446A 492 Cancellation of bond and bail bond
bond
Procedure in case of insolvency Procedure in case of insolvency of
447 or death of surety or when a 493 death of surety or when a bond is
bond is forfeited forfeited
448 Bond required from minor 494 Bond required from minor
Appeal from orders under Appeal from orders under section
449 495
section 446 491
Power to direct levy of amount Power to direct levy of amount due
450 496
due on certain recognizances on certain recognizances
Order for custody and disposal Order for custody and disposal of
451 of property pending trial in 497 property pending trial in certain
certain cases cases
Order for disposal of property at Order for disposal of property at
452 498
conclusion of trial conclusion of trial
Payment to innocent purchaser Payment to innocent purchaser of
453 499
of money found on accused money found on accused
Appeal against orders under Appeal against orders under
454 500
section 452 or section 453 section 500 or section 501
455 Destruction of libellous and 501 Destruction of libellous and other
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
other matter matter
Power to restore possession of Power to restore possession of
456 502
immovable property immovable property
Procedure by police upon Procedure by police upon seizure
457 503
seizure of property of property
Procedure where no claimant Procedure where no claimant
458 504
appears within six months appears within six months
Power to sell perishable
459 505 Power to sell perishable property
property
Irregularities which do not vitiate Irregularities which do not vitiate
460 506
proceedings proceedings
Irregularities which vitiate Irregularities which vitiate
461 507
proceedings proceedings
462 Proceedings in wrong place 508 Proceedings in wrong place
Non-compliance with provisions Non-compliance with provisions of
463 509
of section 164 or section 281 section 183 or section 316
Effect of omission to frame, or Effect of omission to frame, or
464 510
absence of, or error in, charge absence of, or error in, charge
Finding or sentence when Finding or sentence when
465 reversible by reason of error, 511 reversible by reason of error,
omission or irregularity omission or irregularity
Defect or error not to make Defect or error not to make
466 512
attachment unlawful attachment unlawful
467 Definitions 513 Definitions
468 Bar to taking cognizance after 514 Bar to taking cognizance after
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
lapse of the period of limitation lapse of the period of limitation
Commencement of the period of Commencement of the period of
469 515
limitation limitation
Exclusion of time in certain
470 516 Exclusion of time in certain cases
cases
Exclusion of date on which Exclusion of date on which Court
471 517
Court is closed is closed
472 Continuing offence 518 Continuing offence
Extension of period of limitation Extension of period of limitation in
473 519
in certain cases certain cases
474 Trials before High Courts 520 Trials before High Courts
Delivery to commanding officers Delivery to commanding officers of
475 of persons liable to be tried by 521 persons liable to be tried by Court-
Court- martial martial
476 Forms 522 Forms
Power of High Court to make
477 523 Power of High Court to make rules
rules
Power to alter functions allotted Power to alter functions allocated
478 to Executive Magistrates in 524 to Executive Magistrate in certain
certain cases cases
Cases in which Judge or
Case in which Judge or Magistrate
479 Magistrate is personally 525
is personally interested
interested
Practising pleader not to sit as Practicing advocate not to sit as
480 526
Magistrate in certain Courts Magistrate in certain Courts
Public servant concerned in sale
Public servant concerned in sale
481 not to purchase or bid for 527
not to purchase or bid for property
property
Y. SREENIVASULU, Advocate, TADIPATRI-515411,
Mobile: 9949174741
Saving of inherent powers of Saving of inherent powers of High
482 528
High Court Court
Duty of High Court to exercise
Duty of High Court to exercise
continuous superintendence
483 529 continuous superintendence over
over Courts of Judicial
Courts
Magistrates
Trial and proceedings to be held in
484 Repeal and savings 530
electronic mode.
---- ----- 531 Repeal and Savings