The Code of Criminal Procedure, 1973
CrPCCENTRAL ACT
An Act To Consolidate And Amend The Law Relating To Criminal Procedure.
Act Number
2
Enactment
1974-01-25
State
Chhattisgarh
PRELIMINARY
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
Section 6Classes of Criminal Courts.Section 7Territorial divisions.Section 8Metropolitan areas.Section 9Court of Session.Section 10Subordination of Assistant Sessions Judges.Section 11Courts of Judicial Magistrates.Section 12Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.Section 13Special Judicial Magistrates.Section 14Local jurisdiction of Judicial Magistrates.Section 15Subordination of Judicial Magistrates.Section 16Courts of Metropolitan Magistrates.Section 17Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.Section 18Special Metropolitan Magistrates.Section 19Subordination of Metropolitan Magistrates.Section 20Executive Magistrates.Section 21Special Executive Magistrates.Section 22Local jurisdiction of Executive Magistrates.Section 23Subordination of Executive Magistrates.Section 24Public Prosecutors.Section 25Assistant Public Prosecutors.Section 25ADirectorate of Prosecution.
POWER OF COURTS
Section 26Courts by which offences are triable.Section 27Jurisdiction in the case of juveniles.Section 28Sentences which High Courts and Sessions Judges may pass.Section 29Sentences which Magistrates may pass.Section 30Sentence of imprisonment in default of fine.Section 31Sentence in cases of conviction of several offences at one trial.Section 32Mode of conferring powers.Section 33Powers of officers appointed.Section 34Withdrawal of powers.Section 35Powers of Judges and Magistrates exercisable by their successors-in-office.
A.--POWERS OF SUPERIOR OFFICERS OF POLICE
B.--AID TO THE MAGISTRATES AND THE POLICE
ARREST OF PERSONS
Section 41When police may arrest without warrant.Section 41ANotice of appearance before police officer.Section 41BProcedure of arrest and duties of officer making arrest.Section 41CControl room at districts.Section 41DRight of arrested person to meet an advocate of his choice during interrogation.Section 42Arrest on refusal to give name and residence.Section 43Arrest by private person and procedure on such arrest.Section 44Arrest by Magistrate.Section 45Protection of members of the Armed Forces from arrest.Section 46Arrest how made.Section 47Search of place entered by person sought to be arrested.Section 48Pursuit of offenders into other jurisdictions.Section 49No unnecessary restraint.Section 50Person arrested to be informed of grounds of arrest and of right to bail.Section 50AObligation of person making arrest to inform about the arrest, etc., to a nominated person.Section 51Search of arrested person.Section 52Power to seize offensive weapons.Section 53Examination of accused by medical practitioner at the request of police officer.Section 53AExamination of person accused of rape by medical practitioner.Section 54Examination of arrested person by medical officer.Section 54AIdentification of person arrested.Section 55Procedure when police officer deputes subordinate to arrest without warrant.Section 55AHealth and safety of arrested person.Section 56Person arrested to be taken before Magistrate or officer in charge of police station.Section 57Person arrested not to be detained more than twenty-four hours.Section 58Police to report apprehensions.Section 59Discharge of person apprehended.Section 60Power, on escape, to pursue and retake.Section 60AArrest to be made strictly according to the Code.
A.--Summons
Section 61Form of summons.Section 62Summons how served.Section 63Service of summons on corporate bodies and societies.Section 64Service when persons summoned cannot be found.Section 65Procedure when service cannot be effected as before provided.Section 66Service on Government servant.Section 67Service of summons outside local limits.Section 68Proof of service in such cases and when serving officer not present.Section 69Service of summons on witness by post.
B.--Warrant of arrest
Section 70Form of warrant of arrest and duration.Section 71Power to direct security to be taken.Section 72Warrants to whom directed.Section 73Warrant may be directed to any person.Section 74Warrant directed to police officer.Section 75Notification of substance of warrant.Section 76Person arrested to be brought before Court without delay.Section 77Where warrant may be executed.Section 78Warrant forwarded for execution outside jurisdiction.Section 79Warrant directed to police officer for execution outside jurisdiction.Section 80Procedure on arrest of person against whom warrant issued.Section 81Procedure by Magistrate before whom such person arrested is brought.
C.--Proclamation and attachment
D.--Other rules regarding processes
A.--Summons to produce
B.--Search-warrants
Section 93When search-warrant may be issued.Section 94Search of place suspected to contain stolen property, forged documents, etc.Section 95Power to declare certain publications forfeited and to issue search-warrants for the same.Section 96Application to High Court to set aside declaration of forfeiture.Section 97Search for persons wrongfully confined.Section 98Power to compel restoration of abducted females.
C.--General provisions relating to searches
D.--Miscellaneous
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY
Section 105ADefinitions.Section 105BAssistance in securing transfer of persons.Section 105CAssistance in relation to orders of attachment or forfeiture of property.Section 105DIdentifying unlawfully acquired property.Section 105ESeizure or attachment of property.Section 105FManagement of properties seized or forfeited under this Chapter.Section 105GNotice of forfeiture of property.Section 105HForfeiture of property in certain cases.Section 105IFine in lieu of forfeiture.Section 105JCertain transfers to be null and void.Section 105KProcedure in respect of letter of request.Section 105LApplication of this Chapter.
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR
Section 106Security for keeping the peace on conviction.Section 107Security for keeping the peace in other cases.Section 108Security for good behaviour from persons disseminating seditious matters.Section 109Security for good behaviour from suspected persons.Section 110Security for good behaviour from habitual offenders.Section 111Order to be made.Section 112Procedure in respect of person present in Court.Section 113Summons or warrant in case of person not so present.Section 114Copy of order to accompany summons or warrant.Section 115Power to dispense with personal attendance.Section 116Inquiry as to truth of information.Section 117Order to give security.Section 118Discharge of person informed against.Section 119Commencement of period for which security is required.Section 120Contents of bond.Section 121Power to reject sureties.Section 122Imprisonment in default of security.Section 123Power to release persons imprisoned for failing to give security.Section 124Security for unexpired period of bond.
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS
A.--Unlawful assemblies
B.--Public nuisances
Section 133Conditional order for removal of nuisance.Section 134Service or notification of order.Section 135Person to whom order is addressed to obey or show cause.Section 136Consequences of his failing to do so.Section 137Procedure where existence of public right is denied.Section 138Procedure where he appears to show cause.Section 139Power of Magistrate to direct local investigation and examination of an expert.Section 140Power of Magistrate to furnish written instructions, etc.Section 141Procedure on order being made absolute and consequences of disobedience.Section 142Injunction pending inquiry.Section 143Magistrate may prohibit repetition or continuance of public nuisance.
C.--Urgent cases of nuisance or apprehended danger
D.--Disputes as to immovable property
PREVENTIVE ACTION OF THE POLICE
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Section 154Information in cognizable cases.Section 155Information as to non-cognizable cases and investigation of such cases.Section 156Police officer?s power to investigate cognizable case.Section 157Procedure for investigation.Section 158Report how submitted.Section 159Power to hold investigation or preliminary inquiry.Section 160Police officer?s power to require attendance of witnesses.Section 161Examination of witnesses by police.Section 162Statements to police not to be signed: Use of statements in evidence.Section 163No inducement to be offered.Section 164Recording of confessions and statements.Section 164AMedical examination of the victim of rape.Section 165Search by police officer.Section 166When officer in charge of police station may require another to issue search-warrant.Section 166ALetter of request to competent authority for investigation in a country or place outside India.Section 166BLetter of request from a country or place outside India to a Court or an authority for investigation in India.Section 167Procedure when investigation cannot be completed in twenty-four hours.Section 168Report of investigation by subordinate police officer.Section 169Release of accused when evidence deficient.Section 170Cases to be sent to Magistrate, when evidence is sufficient.Section 171Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint.Section 172Diary of proceedings in investigation.Section 173Report of police officer on completion of investigation.Section 174Police to enquire and report on suicide, etc.Section 175Power to summon persons.Section 176Inquiry by Magistrate into cause of death.
JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS
Section 177Ordinary place of inquiry and trial.Section 178Place of inquiry or trial.Section 179Offence triable where act is done or consequence ensues.Section 180Place of trial where act is an offence by reason of relation to other offence.Section 181Place of trial in case of certain offences.Section 182Offences committed by letters, etc.Section 183Offence committed on journey or voyage.Section 184Place of trial for offences triable together.Section 185Power to order cases to be tried in different sessions divisions.Section 186High Court to decide, in case of doubt, district where inquiry or trial shall take place.Section 187Power to issue summons or warrant for offence committed beyond local jurisdiction.Section 188Offence committed outside India.Section 189Receipt of evidence relating to offences committed outside India.
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS
Section 190Cognizance of offences by Magistrates.Section 191Transfer on application of the accused.Section 192Making over of cases to Magistrates.Section 193Cognizance of offences by Courts of Session.Section 194Additional and Assistant Sessions Judges to try cases made over to them.Section 195Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.Section 195AProcedure for witnesses in case of threatening, etc.Section 196Prosecution for offences against the State and for criminal conspiracy to commit such offence.Section 197Prosecution of Judges and public servants.Section 198Prosecution for offences against marriage.Section 198AProsecution of offences under section 498A of the Indian Penal Code.Section 198BCognizance of offence.Section 199Prosecution for defamation.
COMPLAINTS TO MAGISTRATES
COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES
Section 204Issue of process.Section 205Magistrate may dispense with personal attendance of accused.Section 206Special summons in cases of petty offence.Section 207Supply to the accused of copy of police report and other documents.Section 208Supply of copies of statements and documents to accused in other cases triable by Court of Session.Section 209Commitment of case to Court of Session when offence is triable exclusively by it.Section 210Procedure to be followed when there is a complaint case and police investigation in respect of the same offence.
A.--Form of charges
Section 211Contents of charge.Section 212Particulars as to time, place and person.Section 213When manner of committing offence must be stated.Section 214Words in charge taken in sense of law under which offence is punishable.Section 215Effect of errors.Section 216Court may alter charge.Section 217Recall of witnesses when charge altered.
B.--Joinder of charges
Section 218Separate charges for distinct offences.Section 219Three offences of same kind within year may be charged together.Section 220Trial for more than one offence.Section 221Where it is doubtful what offence has been committed.Section 222When offence proved included in offence charged.Section 223What persons may be charged jointly.Section 224Withdrawal of remaining charges on conviction on one of several charges.
TRIAL BEFORE A COURT OF SESSION
Section 225Trial to be conducted by Public Prosecutor.Section 226Opening case for prosecution.Section 227Discharge.Section 228Framing of charge.Section 229Conviction on plea of guilty.Section 230Date for prosecution evidence.Section 231Evidence for prosecution.Section 232Acquittal.Section 233Entering upon defence.Section 234Arguments.Section 235Judgment of acquittal or conviction.Section 236Previous conviction.Section 237Procedure in cases instituted under section 199(2).
A.--Cases instituted on a police report
B.--Cases instituted otherwise than on police report
C.--Conclusion of trial
TRIAL OF SUMMONS--CASES BY MAGISTRATES
Section 251Substance of accusation to be stated.Section 252Conviction on plea of guilty.Section 253Conviction on plea of guilty in absence of accused in petty cases.Section 254Procedure when not convicted.Section 255Acquittal or conviction.Section 256Non-appearance or death of complainant.Section 257Withdrawal of complaint.Section 258Power to stop proceedings in certain cases.Section 259Power of Court to convert summons-cases into warrant-cases.
SUMMARY TRIALS
PLEA BARGAINING
Section 265AApplication of the Chapter.Section 265BApplication for plea bargaining.Section 265CGuidelines for mutually satisfactory disposition.Section 265DReport of the mutually satisfactory disposition to be submitted before the Court.Section 265EDisposal of the case.Section 265FJudgment of the Court.Section 265GFinality of the judgment.Section 265HPower of the Court in plea bargaining.Section 265IPeriod of detention undergone by the accused to be set-off against the sentence of imprisonment.Section 265JSavings.Section 265KStatements of accused not to be used.Section 265LNon-application of the Chapter.
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS
Section 266Definitions.Section 267Power to require attendance of prisoners.Section 268Power of State Government to exclude certain persons from operation of section 267.Section 269Officer in charge of prison to abstain from carrying out order in certain contingencies.Section 270Prisoner to be brought to Court in custody.Section 271Power to issue commission for examination of witness in prison.
A.--Mode of taking and recording evidence
Section 272Language of Courts.Section 273Evidence to be taken in presence of accused.Section 274Record in summons-cases and inquiries.Section 275Record in warrant-cases.Section 276Record in trial before Court of Session.Section 277Language of record of evidence.Section 278Procedure in regard to such evidence when completed.Section 279Interpretation of evidence to accused or his pleader.Section 280Remarks respecting demeanour of witness.Section 281Record of examination of accused.Section 282Interpreter to be bound to interpret truthfully.Section 283Record in High Court.
B.--Commissions for the examination of witnesses
Section 284When attendance of witness may be dispensed with and commission issued.Section 285Commission to whom to be issued.Section 286Execution of commissions.Section 287Parties may examine witnesses.Section 288Return of commission.Section 289Adjournment of proceeding.Section 290Execution of foreign commissions.Section 291Deposition of medical witness.Section 291AIdentification report of Magistrate.Section 292Evidence of officers of the Mint.Section 293Reports of certain Government scientific experts.Section 294No formal proof of certain documents.Section 295Affidavit in proof of conduct of public servants.Section 296Evidence of formal character on affidavit.Section 297Authorities before whom affidavits may be sworn.Section 298Previous conviction or acquittal how proved.Section 299Record of evidence in absence of accused.
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
Section 300Person once convicted or acquitted not to be tried for same offence.Section 301Appearance by Public Prosecutors.Section 302Permission to conduct prosecution.Section 303Right of person against whom proceedings are instituted to be defended.Section 304Legal aid to accused at State expense in certain cases.Section 305Procedure when corporation or registered society is an accused.Section 306Tender of pardon to accomplice.Section 307Power to direct tender of pardon.Section 308Trial of person not complying with conditions of pardon.Section 309Power to postpone or adjourn proceedings.Section 310Local inspection.Section 311Power to summon material witness, or examine person present.Section 311APower of Magistrate to order person to give specimen signatures or handwriting.Section 312Expenses of complainants and witnesses.Section 313Power to examine the accused.Section 314Oral arguments and memorandum of arguments.Section 315Accused person to be competent witness.Section 316No influence to be used to induce disclosure.Section 317Provision for inquiries and trial being held in the absence of accused in certain cases.Section 318Procedure where accused does not understand proceedings.Section 319Power to proceed against other persons appearing to be guilty of offence.Section 320Compounding of offences.Section 321Withdrawal from prosecution.Section 322Procedure in cases which Magistrate cannot dispose of.Section 323Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.Section 324Trial of persons previously convicted of offences against coinage, stamp-law or property.Section 325Procedure when Magistrate cannot pass sentence sufficiently severe.Section 326Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.Section 327Court to be open.
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND
Section 328Procedure in case of accused being lunatic.Section 329Procedure in case of person of unsound mind tried before Court.Section 330Release of person of unsound mind pending investigation or trial.Section 331Resumption of inquiry or trial.Section 332Procedure on accused appearing before Magistrate or Court.Section 333When accused appears to have been of sound mind.Section 334Judgment of acquittal on ground of unsoundness of mind.Section 335Person acquitted on such ground to be detained in safe custody.Section 336Power of State Government to empower officer-in-charge to discharge.Section 337Procedure where lunatic prisoner is reported capable of making his defence.Section 338Procedure where lunatic detained is declared fit to be released.Section 339Delivery of lunatic to care of relative or friend.
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE
Section 340Procedure in cases mentioned in section 195.Section 341Appeal.Section 342Power to order costs.Section 343Procedure of Magistrate taking cognizance.Section 344Summary procedure for trial for giving false evidence.Section 345Procedure in certain cases of contempt.Section 346Procedure where Court considers that case should not be dealt with under section 345.Section 347When Registrar or Sub-Registrar to be deemed a Civil Court.Section 348Discharge of offender on submission of apology.Section 349Imprisonment or committal of person refusing to answer or produce document.Section 350Summary procedure for punishment for non-attendance by a witness in obedience to summons.Section 351Appeals from convictions under sections 344, 345, 349 and 350.Section 352Certain Judges and Magistrates not to try certain offences when committed before themselves.
THE JUDGMENT
Section 353Judgment.Section 354Language and contents of judgment.Section 355Metropolitan Magistrate's judgment.Section 356Order for notifying address of previously convicted offender.Section 357Order to pay compensation.Section 357AVictim compensation scheme.Section 357BCompensation to be in addition to fine under section 326A or section 376D of Indian Penal Code.Section 357CTreatment of victims.Section 358Compensation to persons groundlessly arrested.Section 359Order to pay costs in non-cognizable cases.Section 360Order to release on probation of good conduct or after admonition.Section 361Special reasons to be recorded in certain cases.Section 362Court not to alter judgment.Section 363Copy of judgment to be given to the accused and other persons.Section 364Judgment when to be translated.Section 365Court of Session to send copy of finding and sentence to District Magistrate.
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION
Section 366Sentence of death to be submitted by Court of Session for confirmation.Section 367Power to direct further inquiry to be made or additional evidence to be taken.Section 368Power of High Court to confirm sentence or annul conviction.Section 369Confirmation or new sentence to be signed by two Judges.Section 370Procedure in case of difference of opinion.Section 371Procedure in cases submitted to High Court for confirmation.
APPEALS
Section 372No appeal to lie unless otherwise provided.Section 373Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour.Section 374Appeals from convictions.Section 375No appeal in certain cases when accused pleads guilty.Section 376No appeal in petty cases.Section 377Appeal by the State Government against sentence.Section 378Appeal in case of acquittal.Section 379Appeal against conviction by High Court in certain cases.Section 380Special right of appeal in certain cases.Section 381Appeal to Court of Session how heard.Section 382Petition of appeal.Section 383Procedure when appellant in jail.Section 384Summary dismissal of appeal.Section 385Procedure for hearing appeals not dismissed summarily.Section 386Powers of the Appellate Court.Section 387Judgments of Subordinate Appellate Court.Section 388Order of High Court on appeal to be certified to lower Court.Section 389Suspension of sentence pending the appeal; release of appellant on bail.Section 390Arrest of accused in appeal from acquittal.Section 391Appellate Court may take further evidence or direct it to be taken.Section 392Procedure where Judges of Court of Appeal are equally divided.Section 393Finality of judgments and orders on appeal.Section 394Abatement of appeals.
REFERENCE AND REVISION
Section 395Reference to High Court.Section 396Disposal of case according to decision of High Court.Section 397Calling for records to exercise powers of revision.Section 398Power to order inquiry.Section 399Sessions Judge's powers of revision.Section 400Power of Additional Sessions Judge.Section 401High Court's powers of revision.Section 402Power of High Court to withdraw or transfer revision cases.Section 403Option of Court to hear parties.Section 404Statement by Metropolitan Magistrate of ground of his decision to be considered by High Court.Section 405High Court's order to be certified to lower Court.
TRANSFER OF CRIMINAL CASES
Section 406Power of Supreme Court to transfer cases and appeals.Section 407Power of High Court to transfer cases and appeals.Section 408Power of Sessions Judge to transfer cases and appeals.Section 409Withdrawal of cases and appeals by Sessions Judges.Section 410Withdrawal of cases by Judicial Magistrate.Section 411Making over or withdrawal of cases by Executive Magistrates.Section 412Reasons to be recorded.
A.--Death Sentences
B.--Imprisonment
C.--Levy of fine
D.--General provisions regarding execution
Section 425Who may issue warrant.Section 426Sentence on escaped convict when to take effect.Section 427Sentence on offender already sentenced for another offence.Section 428Period of detention undergone by the accused to be set off against the sentence of imprisonment.Section 429Saving.Section 430Return of warrant on execution of sentence.Section 431Money ordered to be paid recoverable as a fine.
E.--Suspension, remission and commutation of sentences
Section 432Power to suspend or remit sentences.Section 433Power to commute sentence.Section 433ARestriction on powers of remission or commutation in certain cases.Section 434Concurrent power of Central Government in case of death sentences.Section 435State Government to act after consultation with Central Government in certain cases.
PROVISIONS AS TO BAIL AND BONDS
Section 436In what cases bail to be taken.Section 436AMaximum period for which an undertrial prisoner can be detained.Section 437When bail may be taken in case of non-bailable offence.Section 437ABail to require accused to appear before next appellate Court.Section 438Direction for grant of bail to person apprehending arrest.Section 439Special powers of High Court or Court of Session regarding bail.Section 440Amount of bond and reduction thereof.Section 441Bond of accused and sureties.Section 441ADeclaration by sureties.Section 442Discharge from custody.Section 443Power to order sufficient bail when that first taken is insufficient.Section 444Discharge of sureties.Section 445Deposit instead of recognizance.Section 446Procedure when bond has been forfeited.Section 446ACancellation of bond and bail bond.Section 447Procedure in case of insolvency of death of surety or when a bond is forfeited.Section 448Bond required from minor.Section 449Appeal from orders under section 446.Section 450Power to direct levy of amount due on certain recognizances.
DISPOSAL OF PROPERTY
Section 451Order for custody and disposal of property pending trial in certain cases.Section 452Order for disposal of property at conclusion of trial.Section 453Payment to innocent purchaser of money found on accused.Section 454Appeal against orders under section 452 or section 453.Section 455Destruction of libellous and other matter.Section 456Power to restore possession of immovable property.Section 457Procedure by police upon seizure of property.Section 458Procedure where no claimant appears within six months.Section 459Power to sell perishable property.
IRREGULAR PROCEEDINGS
Section 460Irregularities which do not vitiate proceedings.Section 461Irregularities which vitiate proceedings.Section 462Proceedings in wrong place.Section 463Non-compliance with provisions of section 164 or section 281.Section 464Effect of omission to frame, or absence of, or error in, charge.Section 465Finding or sentence when reversible by reason of error, omission or irregularity.Section 466Defect or error not to make attachment unlawful.
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Section 467Definitions.Section 468Bar to taking cognizance after lapse of the period of limitation.Section 469Commencement of the period of limitation.Section 470Exclusion of time in certain cases.Section 471Exclusion of date on which Court is closed.Section 472Continuing offence.Section 473Extension of period of limitation in certain cases.
MISCELLANEOUS
Section 474Trials before High Courts.Section 475Delivery to commanding officers of persons liable to be tried by Court-martial.Section 476Forms.Section 477Power of High Court to make rules.Section 478Power to alter functions allocated to Executive Magistrate in certain cases.Section 479Case in which Judge or Magistrate is personally interested.Section 480Practising pleader not to sit as Magistrate in certain Courts.Section 481Public servant concerned in sale not to purchase or bid for property.Section 482Saving of inherent power of High Court.Section 483Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates.Section 484Repeal and savings.