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The Bharatiya Nagarik Suraksha Sanhita, 2023

NO. 46 OF 2023

[25th December, 2023.]

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

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

CHAPTER I PRELIMINARY
 

Section 1 Short title extent and commencement

Section 2 Definitions

Section 3 Construction of references

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

Section 5 Saving

 

CHAPTER II CONSTITUTION OF CRIMINAL COURTS AND OFFICES

Section 6 Classes of Criminal Courts

Section 7 Territorial divisions

Section 8 Court of Session

Section 9 Courts of Judicial Magistrates

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

Section 11 Special Judicial Magistrates

Section 12 Local Jurisdiction of Judicial Magistrates

Section 13 Subordination of Judicial Magistrates

Section 14 Executive Magistrates

Section 15 Special Executive Magistrates

Section 16 Local Jurisdiction of Executive Magistrates

Section 17 Subordination of Executive Magistrates

Section 18 Public Prosecutors

Section 19 Assistant Public Prosecutors

Section 20 Directorate of Prosecution

 

CHAPTER III POWER OF COURTS

Section 21 Courts by which offences are triable

Section 22 Sentences which High Courts and Sessions Judges may pass

Section 23 Sentences which Magistrates may pass

Section 24 Sentence of imprisonment in default of fine

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

Section 26 Mode of conferring powers

Section 27 Powers of officers appointed

Section 28 Withdrawal of powers

Section 29 Powers of Judges and Magistrates exercisable by their successors-inoffice

 

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

Section 30 Powers of superior officers of police

Section 31 Public when to assist Magistrates and police

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

Section 33 Public to give information of certain offences

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

 

CHAPTER V ARREST OF PERSONS

Section 35 When police may arrest without warrant

Section 36 Procedure of arrest and duties of officer making arrest

Section 37 Designated police officer

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

Section 39 Arrest on refusal to give name and residence

Section 40 Arrest by private person and procedure on such arrest

Section 41 Arrest by Magistrate

Section 42 Protection of members of Armed Forces from arrest

Section 43 Arrest how made

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

Section 45 Pursuit of offenders into other jurisdictions

Section 46 No unnecessary restraint

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

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

Section 49 Search of arrested person

Section 50 Power to seize offensive weapons

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

Section 52 Examination of person accused of rape by medical practitioner

Section 53 Examination of arrested person by medical officer

Section 54 Identification of person arrested

Section 55 Procedure when police officer deputes subordinate to arrest without warrant

Section 56 Health and safety of arrested person

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

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

Section 59 Police to report apprehensions

Section 60 Discharge of person apprehended

Section 61 Power, on escape, to pursue and retake

Section 62 Arrest to be made strictly according to Sanhita

 

CHAPTER VI PROCESSES TO COMPEL APPEARANCE
A.-Summons

Section 63 Form of summons

Section 64 Summons how served

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

Section 66 Service when persons summoned cannot be found

Section 67 Procedure when service cannot be effected as before provided

Section 68 Service on Government servant

Section 69 Service of summons outside local limits

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

Section 71 Service of summons on witness

 

B.-Warrant of arrest

Section 72 Form of warrant of arrest and duration

Section 73 Power to direct security to be taken

Section 74 Warrants to whom directed

Section 75 Warrant may be directed to any person

Section 76 Warrant directed to police officer

Section 77 Notification of substance of warrant

Section 78 Person arrested to be brought before Court without delay

Section 79 Where warrant may be executed

Section 80 Warrant forwarded for execution outside jurisdiction

Section 81 Warrant directed to police officer for execution outside jurisdiction

Section 82 Procedure on arrest of person against whom warrant issued

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

 

C.-Proclamation and attachment

Section 84 Proclamation for person absconding

Section 85 Attachment of property of person absconding

Section 86 Identification and attachment of property of proclaimed person

Section 87 Claims and objections to attachment

Section 88 Release, sale and restoration of attached property

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

 

D.-Other rules regarding processes

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

Section 91 Power to take bond or bail bond for appearance

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

Section 93 Provisions of this Chapter generally applicable to summons and warrants of arrest

 

CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.- Summons to produce

Section 94 Summons to produce document or other thing

Section 95 Procedure as to letters

 

B.- Search-warrants

Section 96 When search warrant may be issued

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

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

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

Section 100 Search for persons wrongfully confined

Section 101 Power to compel restoration of abducted females

 

C.- General provisions relating to searches

Section 102 Direction, etc., of search warrants

Section 103 Persons in charge of closed place to allow search

Section 104 Disposal of things found in search beyond jurisdiction

 

D.- Miscellaneous

Section 105 Recording of search and seizure through audio video electronic means

Section 106 Power of police officer to seize certain property

Section 107 Attachment, forfeiture or restoration of property

Section 108 Magistrate may direct search in his presence

Section 109 Power to impound document, etc., produced

Section 110 Reciprocal arrangements regarding processes

 

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

Section 111 Definitions

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

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

Section 114 Assistance in securing transfer of persons

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

Section 116 Identifying unlawfully acquired property

Section 117 Seizure or attachment of property

Section 118 Management of properties seized or forfeited under this Chapter

Section 119 Notice of forfeiture of property

Section 120 Forfeiture of property in certain cases

Section 121 Fine in lieu of forfeiture

Section 122 Certain transfers to be null and void

Section 123 Procedure in respect of letter of request

Section 124 Application of this Chapter

 

CHAPTER IX SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

Section 125 Security for keeping peace on conviction

Section 126 Security for keeping peace in other cases

Section 127 Security for good behaviour from persons disseminating certain matters

Section 128 Security for good behaviour from suspected persons

Section 129 Security for good behaviour from habitual offenders

Section 130 Order to be made

Section 131 Procedure in respect of person present in Court

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

Section 133 Copy of order to accompany summons or warrant

Section 134 Power to dispense with personal attendance

Section 135 Inquiry as to truth of information

Section 136 Order to give security

Section 137 Discharge of person informed against

Section 138 Commencement of period for which security is required

Section 139 Contents of bond

Section 140 Power to reject sureties

Section 141 Imprisonment in default of security

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

Section 143 Security for unexpired period of bond

Section 144 Order for maintenance of wives, children and parents

Section 145 Procedure

Section 141 Imprisonment in default of security

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

Section 143 Security for unexpired period of bond

 

CHAPTER X ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

Section 144 Order for maintenance of wives, children and parents

Section 145 Procedure

Section 146 Alteration in allowance

Section 147 Enforcement of order of maintenance

 

CHAPTER XI MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY
A.- Unlawful assemblies

Section 148 Dispersal of assembly by use of civil force

Section 149 Use of armed forces to disperse assembly

Section 150 Power of certain armed force officers to disperse assembly

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

 

B.- Public nuisances

Section 152 Conditional order for removal of nuisance

Section 153 Service or notification of order

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

Section 155 Penalty for failure to comply with section 154

Section 156 Procedure where existence of public right is denied

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

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

Section 159 Power of Magistrate to furnish written instructions, etc

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

Section 161 Injunction pending inquiry

Section 162 Magistrate may prohibit repetition or continuance of public nuisance

 

C.- Urgent cases of nuisance or apprehended danger

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

 

D. - Disputes as to immovable property

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

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

Section 166 Dispute concerning right of use of land or water

Section 167 Local inquiry

 

CHAPTER XII PREVENTIVE ACTION OF THE POLICE

Section 168 Police to prevent cognizable offences

Section 169 Information of design to commit cognizable offences

Section 170 Arrest to prevent commission of cognizable offences

Section 171 Prevention of injury to public property

Section 172 Persons bound to conform to lawful directions of police

 

CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 173 Information in cognizable cases

Section 174 Information as to non cognizable cases and investigation of such cases

Section 175 Police officers power to investigate cognizable case

Section 176 Procedure for investigation

Section 177 Report how submitted

Section 178 Power to hold investigation or preliminary inquiry

Section 179 Police officer's power to require attendance of witnesses

Section 180 Examination of witnesses by police

Section 181 Statements to police and use thereof

Section 182 No inducement to be offered

Section 183 Recording of confessions and statements

Section 184 Medical examination of victim of rape

Section 185 Search by police officer

Section 186 When officer in charge of police station may require another to issue searchwarrant

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

Section 188 Report of investigation by subordinate police officer

Section 189 Release of accused when evidence deficient

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

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

Section 192 Diary of proceedings in investigation

Section 193 Report of police officer on completion of investigation

Section 194 Police to enquire and report on suicide, etc

Section 195 Power to summon persons

Section 196 Inquiry by Magistrate into cause of death

 

CHAPTER XIV JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

Section 197 Ordinary place of inquiry and trial

Section 198 Place of inquiry or trial

Section 199 Offence triable where act is done or consequence ensues

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

Section 201 Place of trial in case of certain offences

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

Section 203 Offence committed on journey or voyage

Section 204 Place of trial for offences triable together

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

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

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

Section 208 Offence committed outside India

Section 209 Receipt of evidence relating to offences committed outside India

 

CHAPTER XV CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

Section 210 Cognizance of offences by Magistrate

Section 211 Transfer on application of accused

Section 212 Making over of cases to Magistrates

Section 213 Cognizance of offences by Court of Session

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

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

Section 216 Procedure for witnesses in case of threatening, etc

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

Section 218 Prosecution of Judges and public servants

Section 219 Prosecution for offences against marriage

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

Section 221 Cognizance of offence

Section 222 Prosecution for defamation

 

CHAPTER XVI COMPLAINTS TO MAGISTRATES

Section 223 Examination of complainant

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

Section 225 Postponement of issue of process

Section 226 Dismissal of complaint

 

CHAPTER XVII COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

Section 227 Issue of process

Section 228 Magistrate may dispense with personal attendance of accused

Section 229 Special summons in cases of petty offence

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

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

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

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

 

CHAPTER XVIII THE CHARGE
A.- Form of charges

Section 234 Contents of charge

Section 235 Particulars as to time, place and person

Section 236 When manner of committing offence must be stated

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

Section 238 Effect of errors

Section 239 Court may alter charge

Section 240 Recall of witnesses when charge altered

 

B. - Joinder of charges

Section 241 Separate charges for distinct offences

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

Section 243 Trial for more than one offence

Section 244 Where it is doubtful what offence has been committed

Section 244 When offence proved included in offence charged

Section 246 What persons may be charged jointly

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

 

CHAPTER XIX TRIAL BEFORE A COURT OF SESSION

Section 248 Trial to be conducted by Public Prosecutor

Section 249 Opening case for prosecution

Section 250 Discharge

Section 251 Framing of charge

Section 252 Conviction on plea of guilty

Section 253 Date for prosecution evidence

Section 254 Evidence for prosecution

Section 255 Acquittal

Section 256 Entering upon defence

Section 257 Arguments

Section 258 Judgment of acquittal or conviction

Section 259 Previous conviction

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

 

CHAPTER XX TRIAL OF WARRANT-CASES BY MAGISTRATES
A. - Cases instituted on a police report

Section 261 Compliance with section 230

Section 262 When accused shall be discharged

Section 263 Framing of charge

Section 264 Conviction on plea of guilty

Section 265 Evidence for prosecution

Section 266 Evidence for defence

 

B. - Cases instituted otherwise than on police report

Section 267 Evidence for prosecution

Section 268 When accused shall be discharged

Section 269 Procedure where accused is not discharged

Section 270 Evidence for defence

 

C.- Conclusion of trial

Section 271 Acquittal or conviction

Section 272 Absence of complainant

Section 273 Compensation for accusation without reasonable cause

 

CHAPTER XXI TRIAL OF SUMMONS-CASES BY MAGISTRATES

Section 274 Substance of accusation to be stated

Section 275 Conviction on plea of guilty

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

Section 277 Procedure when not convicted

Section 278 Acquittal or conviction

Section 279 Non-appearance or death of complainant

Section 280 Withdrawal of complaint

Section 281 Power to stop proceedings in certain cases

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

 

CHAPTER XXII SUMMARY TRIALS

Section 283 Power to try summarily

Section 284 Summary trial by Magistrate of second class

Section 285 Procedure for summary trials

Section 286 Record in summary trials

Section 287 Judgment in cases tried summarily

Section 288 Language of record and judgment

 

CHAPTER XXIII PLEA BARGAINING

Section 289 Application of Chapter

Section 290 Application for plea bargaining

Section 291 Guidelines for mutually satisfactory disposition

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

Section 293 Disposal of case

Section 294 Judgment of Court

Section 295 Finality of judgment

Section 296 Power of Court in plea bargaining

Section 297 Period of detention undergone by accused to be set off against sentence of imprisonment

Section 298 Savings

Section 299 Statements of accused not to be used

Section 300 Non application of Chapter

 

CHAPTER XXIV ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

Section 301 Definitions

Section 302 Power to require attendance of prisoners

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

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

Section 305 Prisoner to be brought to Court in custody

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

 

CHAPTER XXV EVIDENCE IN INQUIRIES AND TRIALS
A.- Mode of taking and recording evidence

Section 307 Language of Courts

Section 308 Evidence to be taken in presence of accused

Section 309 Record in summons cases and inquiries

Section 310 Record in warrant-cases

Section 311 Record in trial before Court of Session

Section 312 Language of record of evidence

Section 313 Procedure in regard to such evidence when completed

Section 314 Interpretation of evidence to accused or his advocate

Section 315 Remarks respecting demeanour of witness

Section 316 Record of examination of accused

Section 317 Interpreter to be bound to interpret truthfully

Section 318 Record in High Court

 

B. - Commissions for the examination of witnesses

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

Section 320 Commission to whom to be issued

Section 321 Execution of commissions

Section 322 Parties may examine witnesses

Section 323 Return of commission

Section 324 Adjournment of proceeding

Section 325 Execution of foreign commissions

Section 326 Deposition of medical witness

Section 327 Identification report of Magistrate

Section 328 Evidence of officers of Mint

Section 329 Reports of certain Government scientific experts

Section 330 No formal proof of certain documents

Section 331 Affidavit in proof of conduct of public servants

Section 332 Evidence of formal character on affidavit

Section 333 Authorities before whom affidavits may be sworn

Section 334 Previous conviction or acquittal how proved

Section 335 Record of evidence in absence of accused

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

 

CHAPTER XXVI GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

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

Section 338 Appearance by Public Prosecutors

Section 339 Permission to conduct prosecution

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

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

Section 342 Procedure when corporation or registered society is an accused

Section 343 Tender of pardon to accomplice

Section 344 Power to direct tender of pardon

Section 345 Trial of person not complying with conditions of pardon

Section 346 Power to postpone or adjourn proceedings

Section 347 Local inspection

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

Section 349 Power of Magistrate to order person to give specimen signatures or handwriting, etc

Section 350 Expenses of complainants and witnesses

Section 351 Power to examine accused

Section 352 Oral arguments and memorandum of arguments

Section 353 Accused person to be competent witness

Section 354 No influence to be used to induce disclosure

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

Section 356 Inquiry, trial or judgment in absentia of proclaimed offender

Section 357 Procedure where accused does not understand proceedings

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

Section 359 Compounding of offences

Section 360 Withdrawal from prosecution

Section 361 Procedure in cases which Magistrate cannot dispose of

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

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

Section 364 Procedure when Magistrate cannot pass sentence sufficiently severe

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

Section 366 Court to be open

 

CHAPTER XXVII PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

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

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

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

Section 370 Resumption of inquiry or trial

Section 371 Procedure on accused appearing before Magistrate or Court

Section 372 When accused appears to have been of sound mind

Section 373 Judgment of acquittal on ground of unsoundness of mind

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

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

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

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

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

 

CHAPTER XXVIII PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

Section 379 Procedure in cases mentioned in section 215

Section 380 Appeal

Section 381 Power to order costs

Section 382 Procedure of Magistrate taking cognizance

Section 383 Summary procedure for trial for giving false evidence

Section 384 Procedure in certain cases of contempt

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

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

Section 387 Discharge of offender on submission of apology

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

Section 389 Summary procedure for punishment for nonattendance by a witness in obedience to summons

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

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

 

CHAPTER XXIX THE JUDGMENT

Section 392 Judgment

Section 393 Language and contents of judgment

Section 394 Order for notifying address of previously convicted offender

Section 395 Order to pay compensation

Section 396 Victim compensation scheme

Section 397 Treatment of victims

Section 398 Witness protection scheme

Section 399 Compensation to persons groundlessly arrested

Section 400 Order to pay costs in non cognizable cases

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

Section 402 Special reasons to be recorded in certain cases

Section 403 Court not to alter judgment

Section 404 Copy of judgment to be given to accused and other persons

Section 405 Judgment when to be translated

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

 

CHAPTER XXX SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

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

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

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

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

Section 411 Procedure in case of difference of opinion

Section 412 Procedure in cases submitted to High Court for confirmation

 

CHAPTER XXXI APPEALS

Section 413 No appeal to lie unless otherwise provided

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

Section 415 Appeals from convictions

Section 416 No appeal in certain cases when accused pleads guilty

Section 417 No appeal in petty cases

Section 418 Appeal by State Government against sentence

Section 419 Appeal in case of acquittal

Section 420 Appeal against conviction by High Court in certain cases

Section 421 Special right of appeal in certain cases

Section 422 Appeal to Court of Session how heard

Section 423 Petition of appeal

Section 424 Procedure when appellant in jail

Section 425 Summary dismissal of appeal

Section 426 Procedure for hearing appeals not dismissed summarily

Section 427 Powers of Appellate Court

Section 428 Judgments of subordinate Appellate Court

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

Section 430 Suspension of sentence pending appeal; release of appellant on bail

Section 431 Arrest of accused in appeal from acquittal

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

Section 433 Procedure where Judges of Court of appeal are equally divided

Section 434 Finality of judgments and orders on appeal

Section 435 Abatement of appeals

 

CHAPTER XXXII REFERENCE AND REVISION

Section 436 Reference to High Court

Section 437 Disposal of case according to decision of High Court

Section 438 Calling for records to exercise powers of revision

Section 439 Power to order inquiry

Section 440 Sessions Judges powers of revision

Section 441 Power of Additional Sessions Judge

Section 442 High Courts powers of revision

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

Section 444 Option of Court to hear parties

Section 445 High Courts order to be certified to lower Court

 

CHAPTER XXXIII TRANSFER OF CRIMINAL CASES

Section 446 Power of Supreme Court to transfer cases and appeals

Section 447 Power of High Court to transfer cases and appeals

Section 448 Power of Sessions Judge to transfer cases and appeals

Section 449 Withdrawal of cases and appeals by Sessions Judges

Section 450 Withdrawal of cases by Judicial Magistrates

Section 451 Making over or withdrawal of cases by Executive Magistrates

Section 452 Reasons to be recorded

 

CHAPTER XXXIV EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES
A. - Death sentences

Section 453 Execution of order passed under section 409

Section 454 Execution of sentence of death passed by High Court

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

Section 456 Commutation of sentence of death on pregnant woman

 

B. - Imprisonment

Section 457 Power to appoint place of imprisonment

Section 458 Execution of sentence of imprisonment

Section 459 Direction of warrant for execution

Section 460 Warrant with whom to be lodged

 

C. - Levy of fine

Section 461 Warrant for levy of fine

Section 462 Effect of such warrant

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

Section 464 Suspension of execution of sentence of imprisonment

 

D.- General provisions regarding execution

Section 465 Who may issue warrant

Section 466 Sentence on escaped convict when to take effect

Section 467 Sentence on offender already sentenced for another offence

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

Section 469 Saving

Section 470 Return of warrant on execution of sentence

Section 471 Money ordered to be paid recoverable as a fine

 

E. - Suspension, remission and commutation of sentences

Section 472 Mercy petition in death sentence cases

Section 473 Power to suspend or remit sentences

Section 474 Power to commute sentence

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

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

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

 

CHAPTER XXXV PROVISIONS AS TO BAIL AND BONDS

Section 478 In what cases bail to be taken

Section 479 Maximum period for which under trial prisoner can be detained

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

Section 481 Bail to require accused to appear before next Appellate Court

Section 482 Direction for grant of bail to person apprehending arrest

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

Section 484 Amount of bond and reduction thereof

Section 485 Bond of accused and sureties

Section 486 Declaration by sureties

Section 487 Discharge from custody

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

Section 489 Discharge of sureties

Section 490 Deposit instead of recognizance

Section 491 Procedure when bond has been forfeited

Section 492 Cancellation of bond and bail bond

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

Section 494 Bond required from child

Section 495 Appeal from orders under section 491

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

 

CHAPTER XXXVI DISPOSAL OF PROPERTY

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

Section 498 Order for disposal of property at conclusion of trial

Section 499 Payment to innocent purchaser of money found on accused

Section 500 Appeal against orders under section 498 or section 499

Section 501 Destruction of libellous and other matter

Section 502 Power to restore possession of immovable property

Section 503 Procedure by police upon seizure of property

Section 504 Procedure where no claimant appears within six months

Section 505 Power to sell perishable property

 

CHAPTER XXXVII IRREGULAR PROCEEDINGS

Section 506 Irregularities which do not vitiate proceedings

Section 507 Irregularities which vitiate proceedings

Section 508 Proceedings in wrong place

Section 509 Noncompliance with provisions of section 183 or section 316

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

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

Section 512 Defect or error not to make attachment unlawful

 

CHAPTER XXXVIII LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

Section 513 Definitions

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

Section 515 Commencement of period of limitation

Section 516 Exclusion of time in certain cases

Section 517 Exclusion of date on which Court is closed

Section 518 Continuing offence

Section 519 Extension of period of limitation in certain cases

 

CHAPTER XXXIX MISCELLANEOUS

Section 520 Trials before High Courts

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

Section 522 Forms

Section 523 Power of High Court to make rules

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

Section 525 Cases in which Judge or Magistrate is personally interested

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

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

Section 528 Saving of inherent powers of High Court

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

Section 530 Trial and proceedings to be held in electronic mode

Section 531 Repeal and savings

 

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