Sec-6(Classes of Criminal Courts) + Sec-9(Courts and Offices)

Section 6- Classes of Criminal Courts

(1) Besides the Supreme Court and the Courts constituted under any law for the time being in force,
other than this Code, there shall be two classes of Criminal Courts in Bangladesh, namely:-

(a) Courts of Sessions ; and

(b) Courts of Magistrates.

(2) There shall be two classes of Magistrate, namely: -

(a) Judicial Magistrate; and

(b) Executive Magistrate.

(3) There shall be four classes of judicial Magistrate, namely: -

(a) Chief Metropolitan Magistrate in Metropolitan Area and Chief judicial Magistrate to other areas;

(b) Magistrate of the first class, who shall in Metropolitan area, be known as Metropolitan Magistrate;

(c) Magistrate of the second class; and

(d) Magistrate of the third class.

Explanation: For the purpose of this sub-section, the word "Chief Metropolitan Magistrate" and "Chief
judicial Magistrate" shall include "Additional Chief Metropolitan Magistrate" and "Additional Chief judicial
Magistrate" respectively.]

Secton 9- Court of Sessions

(1) The Government shall establish a Court of Session for every sessions division, and appoint a judge of
such Court 1[; and the Court of Session for 2[a] Metropolitan Area shall be called the Metropolitan Court
of Session.]

(2) The Government may, by general or special order in the official Gazette, direct at what place or places
the Court of Session shall hold its sitting; but, until such order is made, the Courts of Session shall hold
their sittings as heretofore.
(3) The Government may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise
jurisdiction in one or more such Courts.

3[***]]

4[(3A) The members of the Bangladesh Judicial Service shall be appointed as Sessions Judge, Additional
Sessions Judge and Joint Sessions Judge in accordance with the rules framed by the President under the
proviso to Article 133 of the constitution to exercise jurisdiction in one or more of such areas.]

(4) A Sessions Judge of one sessions division may be appointed by the Government 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 either division as the Government may direct.

(5) All Courts of Session existing when this Code comes into force shall be deemed to have been
established under this Act.

Sec-10 Executive Magistrates + Sec-11 Judicial Magistrates + Sec-12 Special Magistrate + Sec-
18Appointment of Metropolitan Magistrates

Sec-10 Executive Magistrates

1[10.(1) In every district and in every Metropolitan Area, the Government shall appoint as many persons
as it thinks fit to be

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

(2) The Government may also appoint any Executive Magistrate to be an Additional District Magistrate,
and such Additional District Magistrate shall have all or any of the powers of a District Magistrate under
this Code or under any other law for the time being in force, as the Government may direct.

(3) Whenever in consequence of the office of a District Magistrate becoming vacant, any officer succeeds
temporarily to the chief executive in the administration of the district, such officer shall, pending the
orders of the Government, exercise all the powers and perform all the duties respectively conferred and
imposed by this Code on the District Magistrate.

(4) The Government may, or subject to the control of the Government, the District Magistrate may, from
time to time, by order define local areas within which the Executive Magistrate may exercise all or any of
the powers with which they may be invested under this Code and, except as otherwise provided by such
definition, the jurisdiction and powers of every such Executive Magistrate shall extend throughout the
district.

(5) The Government may, if it thinks expedient or necessary, appoint any persons employed in the
Bangladesh Civil Service (Administration) to be an Executive Magistrate and confer the powers of an
Executive Magistrate on any such member.

(6) Subject to the definition of the local areas under sub-section (4) all persons appointed as Assistant
Commissioners, Additional Deputy Commissioners or Upazila Nirbahi Officer in any District or Upazila shall
be Executive Magistrates and may exercise the power of Executive Magistrate within their existing
respective local areas.

(7) Nothing in this section shall preclude the Government from conferring, under any law for the time in
force, on a Commissioner of Police, all or any of the powers of an executive Magistrate in relation to a
Metropolitan area.]

Sec-11 Judicial Magistrates

1[11. (1) In every district outside a Metropolitan Area, the Chief Judicial Magistrates, Additional Chief
Judicial Magistrates and other Judicial Magistrates shall be appointed from the persons employed in the
Bangladesh Judicial service in accordance with the rules framed by the President under the proviso to
Article 133 of the constitution.

(2) An Additional Chief Judicial Magistrate shall have all or any of the powers of the Chief Judicial
Magistrate under this Code or any other law for the time being in force, as the Government may direct.

2[(2A) The Government may, by general or special order in the official Gazette, direct at what place or
places the Court of Chief Judicial Magistrate, Additional Chief Judicial Magistrate and other Judicial
Magistrates shall hold its sitting.]

(3) The Government may, or subject to the general or special orders issued by the Government in
consultation with the High Court Division, the Chief Judicial Magistrate may, from time to time, define
local areas within which the Judicial Magistrates may exercise all or any of the powers with which they
may be invested under this Code, and except as otherwise provided by such definition, the jurisdiction
and powers of every such Magistrate shall extend throughout the district.

(4) Notwithstanding anything contained in this section, the Government may require any Executive
Magistrate to perform the functions of a Judicial Magistrate for a period to be determined in consultation
with the High Court Division and during such period, the Magistrate shall not perform the functions of an
Executive Magistrate.]

Sec-12 Special Magistrate

(1) The Government may confer upon any person all or any of the powers conferred or conferrable by or
under this Code on an Executive Magistrate in respect of particular cases or a particular class or classes of
cases, or in regard to cases generally in any local area outside a Metropolitan area:
Provided that no power shall be conferred under the sub-section on any police officer below the grade of
an Assistant Superintendent of Police and no powers shall be conferred on a such police officer except so
far as may be necessary for preserving the peace, preventing crime and detecting apprehending and
detaining offenders, in order to bring the offender before a Magistrate, and for the performance by the
officer of any other duties imposed upon him by any law for the time being in force.

(2) The persons on whom the powers under sub-section (1) are conferred shall be called Special Executive
Magistrates and shall be appointed for such term as the Government may by general or special order
direct.

(3) The Government may, in consultation with the High Court Division confer upon any Magistrate all or
any of the powers conferred or conferrable by or under this Code on a Judicial Magistrate of the first,
second or third class in respect of particular cases or a particular class or classes of cases or in regard to
cases generally in any local area outside a Metropolitan area.

(4) The Magistrate on whom the powers under sub-section (3) are conferred shall be called Special
Magistrates and shall be appointed for such term as the Government may, in consultation with the High
Court Division, by general or special order direct.

(5) The Government may in consultation with the High Court Division confer upon any Metropolitan
Magistrate all or any of the powers conferred or conferrable by or under this Code on Metropolitan
Magistrate in respect of particular cases or a particular class or classes, or in regard to cases generally in
any Metropolitan Area.

(6) The persons on whom the powers under sub-section (5) are conferred shall be called Special
Metropolitan Magistrates and shall be appointed for such term as the Government may in consultation
with High Court Division by general or special order direct.]

Sec-18Appointment of Metropolitan Magistrates

1) In every Metropolitan Area, the Chief Metropolitan Magistrate, Additional Chief Metropolitan
Magistrate and other Metropolitan Magistrates shall be appointed from among the persons employed in
the Bangladesh judicial Service.]

(2) The Government may appoint one or more Additional Chief Metropolitan Magistrates, and such
Additional Chief Metropolitan Magistrates shall have all or any of the powers of the Chief Metropolitan
Magistrate under this Code or under any other law for the time being in force, as the Government may
direct.

Sec-22:Justice of the peace for the mafassal + Sec-25 Ex-officio Justices of the Peace.
Sec-22:Justice of the peace for the mafassal
[The Government] may, by notification in the official Gazette, appoint such persons resident within
Bangladesh and not being the subjects of any foreign State as it thinks fit to be Justices of the Peace within
and for the local area mentioned in such notification.

Sec-25 Ex-officio Justices of the Peace.

In virtue of their respective offices, the Judges of the 1[Supreme Court] are Justices of the Peace within
and for of the whole of Bangladesh, Sessions Judges, 2[Chief Judicial Magistrate] and Metropolitan
Magistrates] are Justices of the Peace within 3[their respective jurisdictions].

Sec-17(A) Subordination of Joint Sessions Judges

Sec-17(A) Subordination of Joint Sessions Judges

(1) All Joint Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise
jurisdiction, and the Sessions Judge may, from time to time, make rules or give special orders consistent
with this Code as the distribution of business among such joint Sessions Judges.

(2)The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make
provision for the disposal of any urgent application by an Additional or Joint Sessions Judge and such Judge
shall have jurisdiction to deal with any such application.]

Sec-28 :Offences under Penal Code + Sec-29 Offences under other laws

Sec-28 :Offences under Penal Code

28. Subject to the other provisions of this Code any offence under the Penal Code may be tried-

(a) by the High Court Division, or

(b) by the Court of Session, or

(c) by any other Court by which such offence is shown in the eighth column of the second schedule to be
triable.

Illustration

A is 1[tried by] the Sessions Court on a charge of culpable homicide. He may be convicted of voluntarily
causing hurt, an offence triable by a Magistrate.
Sec-29 Offences under other laws
29.(1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court
is mentioned in this behalf in such law, be tried by such Court.

(2) When no Court is so mentioned, it may be tried 1[* * *] subject as aforesaid by any Court constituted
under this Code by which such offence is shown in the eighth column of the second schedule to be triable.

Sec 29 (C)Offences not punishable with death + Sec-33 (A)Higher powers of certain Magistrates

Sec 29 (C)Offences not punishable with death

1[29C. Notwithstanding anything contained in section 29, the Government may 2[in consultation with the
High Court Division]-

(a) invest the 3[Chief Metropolitan Magistrate,] 4[Chief Judicial Magistrate or any Additional Chief Judicial
Magistrate] with power to try as a Magistrate all offences not punishable with death;

(b) invest 5[Metropolition Magistrate or] any Magistrate of the first class with power to try as a Magistrate
all offences not punishable with death or with transportation or with imprisonment for a term exceeding
ten years.]

Sec-33 (A)Higher powers of certain Magistrates

1[33A. The Court of a Magistrate, specially empowered under section 29C, may pass any sentence
authorized by law, except a sentence of death or of transportation or imprisonment for a term exceeding
seven years.]
Sec-32 Sentences which Magistrates may pass + Sec-33 Power of Magistrates to sentence to
imprisonment in default of fine

Sec-32 Sentences which Magistrates may pass

32.(1) The Courts of Magistrates may pass the following sentences namely:-

(a) Courts 1[of Metropolitan Magistrates and] of Magistrates of the first class: Imprisonment for a term
not exceeding 2[five years], including such solitary confinement as is authorized by law;

Fine not exceeding 3[ten thousand taka]; Whipping.

(b) Courts of Magistrates of the second class: Imprisonment for a term not exceeding 4[three years],
including such solitary confinement as is authorized by law;

Fine not exceeding 5[five thousand taka];

(c) Courts of Magistrates of the third class: Imprisonment for a term not exceeding 6[two year];

Fine not exceeding 7[two thousand taka].

(2) The Court of any Magistrate may pass any lawful sentence, combining any of the sentences which it is
authorized by law to pass.

Sec-33 Power of Magistrates to sentence to imprisonment in default of fine1) The Court of any
Magistrate may award such terms of imprisonment in default of payment of fine as is authorized by law
in case of such default:

**Sec-35 Sentence in cases of conviction of several offences at one trial Maximum term of punishment +
Sec-35(A) Deduction of imprisonment in cases where convicts may have been in custody

Sec-35 Sentence in cases of conviction of several offences at one trial Maximum term of punishment
35.(1) When a person is convicted at one trial of two or more offences, the Court may, subject to the
provisions of section 71 of the Penal Code sentence him, for such offences, to the several punishments
prescribed therefor which such Court is competent to inflict; such punishments, when consisting of
imprisonment or transportation to commence the one after the expiration of the other in such order as
the Court may direct, unless the Court directs that such punishments shall run concurrently.

(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 as follows:-

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

(b) if the case is tried by a Magistrate 1[* * *], the aggregate punishment shall not exceed twice the
amount of punishment which he is, in the exercise of his ordinary jurisdiction, competent to inflict.

(3) For the purpose of appeal, the aggregate of consecutive sentences passed under this section in case
of convictions for several offences at one trial shall be deemed to be a single sentence.

Sec-35(A) Deduction of imprisonment in cases where convicts may have been in custody
(1) Except in the case of an offence punishable only with death, when any court finds an accused guilty
of an offence and, upon conviction, sentences such accused to any term of imprisonment, simple or
rigorous, it shall deduct from the sentence of imprisonment, the total period the accused may have been
in custody in the meantime, in connection with that offence.

(2) If the total period of custody prior to conviction referred to in sub-section (1) is longer than the period
of imprisonment to which the accused is sentenced, the accused shall be deemed to have served out the
sentence of imprisonment and shall be released at once, if in custody, unless required to be detained in
connection with any other offence; and if the accused is also sentenced to pay any fine in addition to such
sentence, the fine shall stand remitted.]

Sec-36 Ordinary powers of Magistrates + Sibe-37 Additional powers conferrable on Magistrates.

Sec-36 Ordinary powers of Magistrates

All 1[Judicial and Executive Magistrate] have the powers hereinafter respectively conferred upon them
and specified in the third schedule. Such powers are called their "ordinary powers".
Se-37 Additional powers conferrable on Magistrates.
In addition to his ordinary powers, any Judicial or Executive Magistrate may be invested by the
Government or the Chief Judicial Magistrate or the District Magistrate, as the case may be, with any
powers specified in the schedule IV:

Provided that, the Government may authorize a District Magistrate to invest any Executive Magistrate
subordinate to him with any of its powers specified in the schedule IV:

Provided further that any Judicial Magistrate may be invested with such additional powers in consultation
with the High Court Division.]

Here is the exact text in sequence without any changes:

Sec-54.(1) When police may arrest without warrant

Any police-officer may, without an order from a Magistrate and without a warrant, arrest-

1. Any person who has been concerned in any cognizable offence or against whom a reasonable
complaint has been made or credible information has been received, or a reasonable suspicion
exists of his having been so concerned;
2. Any person having in his possession without lawful excuse, the burden of proving which excuse
shall lie on such person, any implement of house breaking;
3. Any person who has been proclaimed as an offender either under this Code or by order of the
Government;
4. Any person 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;
5. Any person who obstructs a police-officer while in the execution of his duty, or who has
escaped, or attempts to escape, from lawful custody;
6. Any person reasonably suspected of being a deserter from the armed forces of Bangladesh 1[* *
*];
7. Any person 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 Bangladesh, which, if committed in
Bangladesh, would have been punishable as an offence, and for which he is, under any law
relating to extradition or under the Fugitive Offenders Act, 1881, or otherwise, liable to be
apprehended or detained in custody in Bangladesh;
8. Any released convict committing a breach of any rule made under section 565, sub-section (3);
 9. Any person for whose arrest a requisition 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.

Sec-55 Arrest of vagabonds, habitual robbers, etc. + Sec-57.(Refusal to give name and residence

Sec-55 Arrest of vagabonds, habitual robbers, etc.

.(1) Any officer in Charge of a police-station may, in like manner, arrest or cause to be arrested-

(a) any person found taking precautions to conceal his presence within the limits of such station, under
circumstances which afford reason to believe that he is taking such precautions with a view committing a
cognizable offence; or

(b) any person within the limits of such station who has no ostensible means of subsistence, or who cannot
give a satisfactory account of himself; or

(c) any person who is by repute an habitual robber, house-breaker or thief, or an habitual receiver of
stolen property knowing it to be stolen, or who by repute habitually commits extortion or in order to the
committing of extortion habitually puts or attempts to put persons in fear of injury.

Sec-57.(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 his
executing a bond, with or without sureties, to appear before a Magistrate if so required:

Provided that, if such person is not resident in Bangladesh, the bond shall be secured by a surety or
sureties resident in Bangladesh.

(3) Should the true name and residence of such person not be ascertained within twenty-four hours from
the time of arrest or should he fail to execute the bond, or, if so required, to furnish sufficient sureties, he
shall forthwith be forwarded to the nearest Magistrate having jurisdiction.
Sec-59.(Arrest by private persons and procedure on such arrest

Sec-59.(Arrest by private persons and procedure on such arrest

1) Any private person may arrest any person who in his view commits a non-bailable and cognizable
offence, or any proclaimed offender, and without unnecessary delay, shall make 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 section 54, a police-officer
shall re-arrest him.

(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 57. If there is no
sufficient reason to believe that he has committed any offence, he shall be at once released.

Sec-60 Person arrested to be taken before Magistrate or officer in charge of police-station + Sec-61.
Person arrested not to be detained more than twenty-four hours

Sec-60 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.

Sec-61. Person arrested not to be detained more than twenty-four hours

No police-officer shall detain in custody a person arrested without warrant for a longer period than under
all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order
of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the
journey from the place of arrest to the Magistrate's Court.

Sec-68.Form of summons

Sec-68.Form of summons
1) Every summons issued by a Court under this Code shall be in writing in duplicate, signed and sealed by
the presiding officer of such Court, or by such other officer as the 1[Supreme Court] may, from time to
time, by rule, direct.

Sec-75.(Form of warrant of arrest Continuance of warrant of arrest

Sec-75.(Form of warrant of arrest Continuance of warrant of arrest

1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding
officer, or in the case of a Bench of Magistrates, by any member of such Bench, 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.

Sec-99(A) Power to declare certain publications forfeited and to issue search warrants for the same+
Sec-99B Application to High Court Division to set aside order of forfeiture+ Sec-99C. Hearing by Special
Bench

Sec-99(A) Power to declare certain publications forfeited and to issue search warrants for the same
(1) Where any newspaper, or book or any document wherever printed, appears to the Government to
contain-
(a) any matter the publication of which is punishable under section 123A or section 124A or section 153A
or section 292 or section 295A or section 505 or section 505A of the Penal Code (Act XLV of 1860), or

(b) any matter which is defamatory of the President of Bangladesh, 3[***], the Prime Minister of the
Government, the Speaker of Parliament or the Chief Justice of Bangladesh, or

(c) any matter which is grossly in-docent or is scurrilous or obscene, or

(d) any words or visible representations which incite, or which are likely to incite, any person or class of
persons to commit any cognizable offence,

the Government may, by notification in the official Gazette, stating the grounds of its opinion, declare
every copy of the issue of the newspaper containing such matter, words or visible representations, 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 Bangladesh 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 sub-section (1), "newspaper", "book" and "document" have the same meaning as in the Printing
Presses and Publications (Declaration and Registration) Act, 1973 (XXIII of 1973).]

Sec-99B Application to High Court Division to set aside order of forfeiture

. Any person having any interest in any newspaper, book or other document, in respect of which an order
of forfeiture has been made under section 99A, may, within two months from the date of such order,
apply to the High Court Division to set aside such order on the ground that the issue of the newspaper, or
the book or other document, in respect of which the order was made, did not contain 1[any such matter,
word or visible representation,] as is referred to in sub-section (1) of section 99A.

Sec-99C. Hearing by Special Bench

Every such application shall be heard and determined by a Special Bench of the High Court Division
composed of three Judges.

Sec-100. Search for persons wrongfully confined.

Sec-100. Search for persons wrongfully confined.

If any 1[Metropolitan Magistrate], Magistrate of the first class or 2[or an Executive Magistrate] 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.

Sec-106.(Security for keeping the peach on conviction+ Sec-107.(Security for keeping the peace in other
cases+ Sec-108. Security for good behaviour from persons disseminating seditious matter+ Sec-
109Security for good behaviour from vagrants and suspected persons+ Sec-110. Security for good
behaviour from habitual offenders+Sec120.(Commencement of period for which security is required

Sec-106.(Security for keeping the peach on conviction

1) Whenever any person accused of any offence punishable under Chapter VIII of the Penal Code, other
than an offence punishable under section 143, section 149, section 153A or section 154 thereof, or of
assault or other offence involving a breach of the peace, or of abetting the same, or any person accused
of committing criminal intimidation, is convicted of such offence before High Court Division, a Court of
Session, or the Court of 1[a Metropolitan Magistrate], 2[***] or a Magistrate of the first class, and such
Court is of opinion that it is necessary to require such person to execute a bond for keeping the peace,
such Court may, at the time of passing sentence on such person, order him to execute a bond for a sum
proportionate to his means, with or `without sureties, for keeping the peace during such period, not
exceeding three years, as it thinks fit to fix.

(2) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void.

(3) An order under this section may also be made by an Appellate Court 3[***] or by the High Court
Division when exercising its powers of revision.

Sec-107.(Security for keeping the peace in other cases

1) Whenever 1[a District Magistrate or any other Executive Magistrate] is informed 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, the Magistrate if in his opinion
there is sufficient ground for proceeding may, in manner hereinafter provided, require such person to
show cause why he should not be ordered to execute a bond, with or without sureties, for keeping the
peace for such period not exceeding one year as the Magistrate thinks fit to fix.

(2) Proceedings shall not be taken under this section unless either the person informed against or the
place where the breach of the peace or disturbance is apprehended, is within the local limits of such
Magistrate's jurisdiction, and no proceedings shall be taken before any Magistrate, 2[other than the] 3[
***] District Magistrate, unless both the person informed against and the place where the breach of the
peace or disturbance is apprehended, are within the local limits of the Magistrate's jurisdiction.
Sec-108. Security for good behaviour from persons disseminating seditious matter

1[Whenever the 2[District Magistrate, or any other Executive Magistrate"] specially empowered by the
Government in this behalf, has information that there is within the limits of his jurisdiction any person
who, within or without such limits, either orally or in writing or in any other manner intentionally
disseminates or attempts to disseminate, or in anywise abets the dissemination of,-

(a) any seditious matter, that is to say, any matter the publication of which is punishable under section
123A or section 124A of the Penal Code, or

(b) any matter the publication of which is punishable under section 153A of the Penal Code, or

(c) any matter concerning a Judge which amounts to criminal intimidation or defamation under the Penal
Code,

such Magistrate, if in his opinion there is sufficient ground for proceeding may (in manner hereinafter
provided) require such person to show cause why he should not be ordered to execute a bond, with or
without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks
fit to fix.

No proceedings shall be taken under this section against the editor, proprietor, printer of publisher of any
publication registered under, and edited, printed and published in conformity with, the [provisions of the
Printing Presses and Publications (Declaration and Registration) Act, 1973], with reference to any matters
contained in such publication except by the order or under the authority of the Government or some
officer empowered by the Government in this behalf.

Sec-109Security for good behaviour from vagrants and suspected persons

. Whenever 1[District Magistrate or an Executive Magistrate] receive information-

(a) that any person is taking precautions to conceal his presence within the local limits of such Magistrate's
jurisdiction, and that there is reason to believe that such person is taking such precautions with a view to
committing any offence, or

(b) that there is within such limits a person who has no ostensible means of subsistence, or who cannot
give a satisfactory account of himself,

such Magistrate may, in manner hereinafter provided, require such person to show cause why he should
not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding
one year, as the Magistrate thinks fit to fix.

Section- 110 (Security for good behaviour from habitual offenders)

Whenever a 1[District Magistrate, or anyother Executive Magistrate] specially empowered in this behalf
by the Government receives information that any person within the local limits of his jurisdiction-

(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 XII of the Penal
Code, or under section 489A, section 489B, section 489C or section 489D of that Code, or

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

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

such Magistrate may, in manner hereinafter provided, require such person to show cause why he should
not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding
three years, as the Magistrate thinks fit to fix

section-111 (Repealed)

B.-Security for keeping the peach in the Cases and Security for Good Behaviour111. [Repealed by section
8 of the Criminal Law Amendment Act, 1923 (Act No. XII of 1923).]
Section -112 (Order to be made)

When a Magistrate acting under section 107, section 108, section 109 or section 110 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, character and class of sureties (if any) required.
Section-113 (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.

Section-114 (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.

Section-115 (Copy of order under section 112 to accompany summons or warrant)

Every summons or warrant issued under section 114 shall be accompanied by a copy of the order made
under section 112, 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

Section-116 (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, and
may permit him to appear by a pleader.

Section-117 (Inquiry as to truth of information)

(1) When an order under section 112 has been read or explained under section 113 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 114, 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 where the order requires security for
keeping the peace, in the manner hereinafter prescribed for conducting trials and recording evidence in
summons-cases; and where the order requires security for good behaviour in the manner hereinafter
prescribed for conducting trials and recording evidence in warrant-cases, except that no charge need be
framed.

(3) Pending 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 112 has been made to
execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the
conclusion of the inquiry, and may detain him in custody until such 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 108, section 109, or section
110, shall be directed to execute a bond for maintaining good behaviour, and

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties of the
number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified
in the order under section 112.

(4) for the purposes of this section the fact that a person is an habitual offender or is so desperate and
dangerous as to render his being at large without security hazardous to the community may be proved be
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.

Section-118 (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, with
or without sureties the Magistrate shall make an order accordingly:

Provided-

firstly , that 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 112:
secondly, that the amount of every bond shall be fixed with due regard to the circumstances of the case
and shall not be excessive:

thirdly, that when the person in respect of whom the inquiry is made is a minor, the bond shall be executed
only by his sureties.

Section-119 (Discharge of person informed against)

If, on an inquiry under section 117, 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.

Sec120.(Commencement of period for which security is required

1) If any person, in respect of whom an order requiring security is made under section 106 or section 118,
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.

Sec-127.(Assembly to disperse on command of Magistrate or police officer+ Sec-132. Protection against

prosecution for acts done under this Chapter

Sec-127.(Assembly to disperse on command of Magistrate or police officer

1) Any 1[Executive Magistrate] or officer in charge of a police-station 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) [Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]

Sec-132. Protection against prosecution for acts done under this Chapter
No prosecution against any person for any act purporting to be done under this Chapter shall be instituted
in any Criminal Court, except with the sanction of the Government; and-
(a) no Magistrate or police-officer acting under this Chapter in good faith,

(b) no officer acting under section 131 in good faith,

(c) no person doing any act in good faith, in compliance with a requisition under section 128 or section
130, and

(d) no inferior officer, or soldier, or volunteer, doing any act in obedience to any order which he was bound
to obey,
shall be deemed to have thereby committed an offence:

Provided that no such prosecution shall be instituted in any Criminal Court against any officer or soldier
in the Bangladesh Army except with the sanction of the Government.

Section-128 (Use of civil force to disperse)

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 1[Executive
Magistrate] or officer in charge of a police-station, may proceed to disperse such assembly by force, and
may require the assistance of any male person, not being an officer, soldier, sailor or airman in the
armed forces of Bangladesh 2[***] 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.

Section-129 (Use of military force)

If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it
should be dispersed, the 1[Executive Magistrate] of the highest rank who is present 2[or the Police
Commissioner in 3[a Metropolitan Area]] may cause it to be dispersed by military force.

Section-130 (Duty of officer commanding troops required by Magistrate to disperse assembly)

130.(1) When 1[an Executive Magistrate] 2[or the Police Commissioner] determines to disperse any such
assembly by military force, he may require any commissioned or non-commissioned officer in command
of any soldiers in the Bangladesh Army 3[* * *] to disperse such assembly by military forced, and to arrest
and confine such persons forming part of it as the Magistrate 1[or the Police Commissioner] 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.

(2) Every such officer 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.

Section-131 (Power of commissioned military officers to disperse assembly)

131. When the public security is manifestly endangered by any such assembly, and when 1[no Executive
Magistrate] can be communi-cated with, any commissioned officer of the Bangladesh Army may disperse
such assembly by military force, 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 2[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.

***Sec-144.Power to issue order

Sec-144.Power to issue order

(1) In cases where, in the opinion of a District Magistrate, 1[or any other Executive Magistrate] specially
empowered by the Government or the District Magistrate to act under this section, 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 manner
provided by section 134, direct any person to abstain from a certain act or to take certain order with
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, or risk or
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 the public generally when
frequenting or visiting a particular place.

(4) 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.
(5) Where such an application is received, the Magistrate shall afford to the applicant an early
opportunity of appearing before him either in person or by pleader and showing cause against the
order; and, if the Magistrate rejects the application wholly or in part, he shall record in writing his
reasons for so doing.

(6) No order under this section shall remain in force for more than two months from the making thereof;
unless, in cases of danger to human life, health or safety, or a likelihood of a riot or an affray, the
Government, by notification in the official Gazette, otherwise directs.

2[(7)] The provisions of this section shall not apply to 3[a Metropolitan Area].

Sec-145.(Procedure where dispute concerning land, etc., is likely to cause breach of peach+ Sec-
148.(Local inquiry***

Sec-145.(Procedure where dispute concerning land, etc., is likely to cause breach of peach
1) Whenever 1[a 2[District Magistrate, or an Executive Magistrate specially empowered by the
Government in this behalf] is satisfied from a police-report or other information that a dispute likely to
cause a breach of the peace exists concerning any land or water of the boundaries thereof, within the
local limits of his 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 pleader, within a
time to be fixed by such Magistrate, 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 manner provided by this Code for the service of a 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.

Sec-148.(Local inquiry
1) Whenever a local inquiry is necessary for the purposes of this Chapter, 1[* * *] any District
Magistrate 2[***] 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.

Section-146 (Power to attach subject of dispute)

 1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy
himself as to which of them was then in such possession of the subject of dispute, he may attach it until
a competent Court has determined the rights of the parties thereto, or the person entitled to possession
thereof:

Provided that 1[ 2[ such Magistrate]may withdraw the attachment at any time if he is satisfied that there
is no longer any likelihood of a breach of the peace in regard to the subject of dispute.

(2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit and if no receiver of the
property, the subject of dispute, has been appointed by any Civil Court appoint a receiver thereof, who,
subject to the control of the Magistrate, shall have all the powers of a receiver appointed under
the 3[Code of Civil Procedure, 1908]:

Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently
appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the
Magistrate, who shall thereupon be discharged.

Section-147 (Disputes concerning rights of use of immovable property, etc.)

147.(1) Whenever, 1[any 2[District Magistrate, or Executive Magistrate specially empowered by the
Government in this behalf,] is satisfied, from a police-report or 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 as explained in
section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise), within the
local limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied
and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a
time to be fixed by such Magistrate and to put in written statements of their respective claims, and shall
thereafter inquire into the matter in the manner provided in section 145, and the provisions of that section
shall, as far as may be, applicable in the case of such inquiry.

(2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any
interference with the exercise of 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 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 institution.

(3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any
exercise of the alleged right.

(4) An order under this section shall be subject to any subsequent decision of a Civil Court of competent
jurisdiction.
Section-148 (Local inquiry)

148.(1) Whenever a local inquiry is necessary for the purposes of this Chapter, 1[* * *] any District
Magistrate 2[***] 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.

Sec-154. Information in cognizable cases + Sec-156.(Investigation into cognizable cases

Sec-154. Information in cognizable cases

Every information relating to the commission of a cognizable offence if given orally to an officer in charge
of a police-station, 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, and the substance thereof shall be entered in a book to be kept by such
officer in such form as the Government may prescribe in this behalf.

Sec-156.(Investigation into cognizable cases

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 XV relating to the place of inquiry or
trial.

(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 190 may order such and investigation as above mentioned.

Sec-155.(Information in non-cognizable cases0

Sec-155.(Information in non-cognizable 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 in a book to be kept as aforesaid the substance
of such information and refer the informant to the Magistrate.
Sec-160. Police-officer's power to require attendance of witnesses+ Sec-161.(Examination of witnesses
by police + Sec-162.(Statements to police not to be signed; use of such statements in evidence **

Sec-160. Police-officer's power to require attendance of witnesses

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 circumstances of the case;
and such person shall attend as so required.

Sec-161.(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 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 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 record of the statement, of each such person
whose statement he records.

Sec-162.(Statements to police not to be signed; use of such statements in evidence

1) No statement made by any person to a police-officer in the course of an investigation under this Chapter
shall, if reduced into 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, the Court shall on the request of the accused, refer to such writing
and direct that the accused be furnished with a copy thereof, in order that any part of such statement, if
duly proved, may be used to contradict such witness in the manner provided by section 145 of
the Evidence Act, 1872. 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:
Provided, further that, if the Court is of opinion that any part of any such statement is not relevant to the
subject-matter of the inquiry or trial or that its disclosure to the accused is not essential in the interests
of justice and is inexpedient in the public interests, it shall record such opinion (but not the reasons
therefor) and shall exclude such part from the copy of the statement furnished to the accused.

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of
section 32, clause (1), of the Evidence Act, 1872 or to affect the provisions of section 27 of that Act.

Sec-163.(No inducement to be offered

Sec-163.(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 the Evidence Act, 1872, section 24.

(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.

Sec-164.(Power to record statements and confessions + Sec-364.(Examination of accused how recorded

***

Sec-164.(Power to record statements and confessions

1) 1[Any Metropolitan Magistrate, any Magistrate of the first class] and any Magistrate of the second class
specially empowered in this behalf by the Government may, if he is not a police-officer record any
statement or confession made to him in the course of an investigation under this Chapter or at any time
afterwards before the commencement of the inquiry or trial.

(2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording
evidence as is, in his opinion best fitted for the circumstances of the case. Such confessions shall be
recorded and signed in the manner provided in section 364, and such statements or confessions shall then
be forwarded to the Magistrate by whom the case is to be inquired into or tried.
(3) A 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 no
Magistrate shall record any such confession unless, upon questioning the person making it, he has reason
to believe that it was made voluntarily; and, when he records any confession, he 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."

Explanation-It is not necessary that the Magistrate receiving and recording a confession or statement
should be a Magistrate having jurisdiction in the case.

Sec-364.(Examination of accused how recorded

1) Whenever the accused is examined by any Magistrate, or by any Court other than High Court Division
the whole of such examination, including every question put to him and every answer given by him, shall
be recorded in full, in the language in which he is examined, or, if that is not practicable, in the language
of the Court or in English: and such record shall be shown or read to him, 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.

(2) When the whole is made conformable to what he declares is the truth, the record shall be signed by
the accused and the Magistrate or Judge of such Court, and such Magistrate or Judge 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.

(3) In cases in which the examination of the accused is not recorded by the Magistrate or Judge himself,
he shall be bound, as the examination proceeds, to make a memorandum thereof in the language of the
Court, or in English, if he is sufficiently acquainted with the latter language; and such memorandum shall
be written and signed by the Magistrate or Judge with his own hand, and shall be annexed to the record.
If the Magistrate or Judge is unable to make a memorandum as above required, he shall record the reason
of such inability.
(4) Nothing in this section shall be deemed to apply to the examination of an accused person under section
263.

Sec-167(2).Procedure when investigation cannot be completed in twenty-four hours + Sec-344.(Power

to postpone or adjourn proceedings ***

Sec-167(2).Procedure when investigation cannot be completed in twenty-four hours

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or
has not jurisdiction to try the case from time to time authorize the detention of the accused in such
custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has not
jurisdiction to try the case or 2[send] it for trial, and considers further detention unnecessary, he may
order the accused to be forwarded to a Magistrate having such jurisdiction:

Provided that no Magistrate of the third class, and no Magistrate of the second class not specially
empowered in this behalf by the Government shall authorize detention in the custody of the police.

Sec-344.(Power to postpone or adjourn proceedings

1) If, from the absence of a witness, or any other reasonable cause, it becomes necessary or advisable to
postpone the commencement of, or adjourn any inquiry or trial, the Court may, if it thinks fit, by order in
writing, stating the reasons therefor, from time to time, 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:

Sec-172.(Diary of proceedings in investigation

Sec-172.(Diary of proceedings in investigation

1) Every police-officers 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) 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. Neither the accused
nor his agents shall be entitled to call for such diaries, not 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 the Evidence Act, 1872, section 161 or section 145, as the case may be, shall apply.

Sec -173 Report of police-officer

Sec -173 Report of police-officer

1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as
it is completed, the officer in charge of the police-station shall-

(a) forward to a Magistrate empowered to take cognizance of the offence on a police-report a report, in
the form prescribed by the Government, setting forth the names of the parties, the nature of the
information and the names of the persons who appear to be acquainted with the circumstances of the
case, and stating whether the accused (if arrested) has been forwarded in custody or has been released
on his bond, and, if so, whether with or without sureties, and

(b) communicate, in such manner as may be prescribed by the Government, the action taken by him to
the person, if any, by whom the information relating to the commission of the offence was first given.

(2) Where a superior officer of police has been appointed under section 158, the report shall in any cases
in which the 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.

(3) Whenever it appears from a report forwarded under this section that the accused has been released
on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks
fit.

1[(3A) When such report is in respect of a case to which section 170 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 sub-section (3) of section 161 of all the persons whom the prosecution
proposes to examine as its witnesses.
(3B) Nothing in this section shall be deemed to preclude further investigation in respect of an offence
after a report under sub-section (1) has been forwarded to the Magistrate and, whereupon 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 prescribed;
and the provisions of sub-section (1) to (3A) 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 (1).]

(4) a copy of any report forwarded under this section shall on application, be furnished to the accused
before the commencement of the inquiry or trial:

Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish
it free of cost.

Sec-175.(Power to summon persons + Sec-174.(Police to inquire and report on suicide, etc. + Sec-
176.(Inquiry by Magistrate into cause of death

Sec-174.(Police to inquire and report on suicide, etc.

1) The officer in charge of a police-station or some other police-officer specially empowered by the
Government in that behalf, on receiving information that a person-

(a) has committed suicide, or

(b) has been killed by another, or by an animal, or by machinery or by an accident, or

(c) has died under circumstances raising a reasonable suspicion that some other person has committed
an offence,

shall immediately give intimation thereof to the 1[nearest Executive Magistrate] empowered to hold
inquests, and, unless otherwise directed by any rule prescribed by the Government, or by any general or
special order 2[of the District 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 neighborhood, 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:

Provided that, unless the Government otherwise directs, it shall not be necessary under this sub-section,
in any case where the death or any person has been caused by enemy action, to make any investigation
or to draw up any report or to send any intimation to a Magistrate empowered to hold inquests.
(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 forthwith forwarded to 3[ the District Magistrate].

(3) When there is any doubt regarding the cause of death, or when for any other reason the police-officer
considers it expedient so to do, he shall, subject to such rules as the 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 man appointed in this behalf by the 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) [Omitted by the Schedule of the Adaptation of Central Acts and Ordinances Order, 1949.]

4[(5) The following Magistrates are empowered to hold inquest, namely, any District Magistrate or any
other Executive Magistrate specially empowered in this behalf by the Government or the District
Magistrate.]

Sec-175.(Power to summon persons

1) A police-officer proceeding under section 174 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. 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.

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be
required by the police-officer to attend a Magistrate's Court.

Sec-176.(Inquiry by Magistrate into cause of death

1) When any person dies while in the custody of the police, the nearest Magistrate empowered to hold
inquests shall, and, in any other case mentioned in section 174, clauses (a), (b) and (c) of sub-section (1),
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. The Magistrate holding such an inquiry shall
record the evidence taken by him in connection therewith in any of the manners hereinafter prescribed
according to the circumstances of the case.