THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 
PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Construction of references. 
4.  Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws. 
5.  Saving. 

CHAPTER II 
CONSTITUTION OF CRIMINAL COURTS AND OFFICES 

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

CHAPTER III 
POWER OF COURTS 

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

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

SECTIONS 

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

report. 

CHAPTER V 
ARREST OF PERSONS 

35.  When police may arrest without warrant. 
36.  Procedure of arrest and duties of officer making arrest. 
37.  Designated police officer. 
38.  Right of arrested person to meet an advocate of his choice during interrogation. 
39.  Arrest on refusal to give name and residence. 
40.  Arrest by private person and procedure on such arrest. 
41.  Arrest by Magistrate. 
42.  Protection of members of Armed Forces from arrest. 
43.  Arrest how made. 
44.  Search of place entered by person sought to be arrested. 
45.  Pursuit of offenders into other jurisdictions. 
46.  No unnecessary restraint. 
47.  Person arrested to be informed of grounds of arrest and of right to bail. 
48.  Obligation of person making arrest to inform about arrest, etc., to relative or friend. 
49.  Search of arrested person. 
50.  Power to seize offensive weapons. 
51.  Examination of accused by medical practitioner at request of police officer. 
52.  Examination of person accused of rape by medical practitioner. 
53.  Examination of arrested person by medical officer. 
54.  Identification of person arrested. 
55.  Procedure when police officer deputes subordinate to arrest without warrant. 
56.  Health and safety of arrested person. 
57.  Person arrested to be taken before Magistrate or officer in charge of police station. 
58.  Person arrested not to be detained more than twenty-four hours. 
59.  Police to report apprehensions. 
60.  Discharge of person apprehended. 
61.  Power, on escape, to pursue and retake. 
62.  Arrest to be made strictly according to Sanhita. 

CHAPTER VI 
PROCESSES TO COMPEL APPEARANCE 
A.—Summons 

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

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SECTIONS 

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

B.—Warrant of arrest 

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

C.—Proclamation and attachment 

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

D.—Other rules regarding processes 

90.  Issue of warrant in lieu of, or in addition to, summons. 
91.  Power to take bond or bail bond for appearance. 
92.  Arrest on breach of bond or bail bond for appearance. 
93.  Provisions of this Chapter generally applicable to summons and warrants of arrest. 

CHAPTER VII 

PROCESSES TO COMPEL THE PRODUCTION OF THINGS 
A.—Summons to produce 

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

B.—Search-warrants 

96.  When search-warrant may be issued. 
97.  Search of place suspected to contain stolen property, forged documents, etc. 
98.  Power to declare certain publications forfeited and to issue search-warrants for same. 
99.  Application to High Court to set aside declaration of forfeiture. 
100. Search for persons wrongfully confined. 
101. Power to compel restoration of abducted females. 

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C.—General provisions relating to searches 

SECTIONS 

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

D.—Miscellaneous 

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

CHAPTER VIII 

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

111. Definitions. 
112. Letter of request to competent authority for investigation in a country or place outside India. 
113. Letter of request from a country or place outside India to a Court or an authority for investigation 

in India. 

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

CHAPTER IX 
SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 

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

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SECTIONS 

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

CHAPTER X 
ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 

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

CHAPTER XI 

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY 

A.—Unlawful assemblies 

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

B.—Public nuisances 

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

C.—Urgent cases of nuisance or apprehended danger 

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

D.—Disputes as to immovable property 

164. Procedure where dispute concerning land or water is likely to cause breach of peace. 
165. Power to attach subject of dispute and to appoint receiver. 
166. Dispute concerning right of use of land or water. 
167. Local inquiry. 

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CHAPTER XII 
PREVENTIVE ACTION OF THE POLICE 

SECTIONS 

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

CHAPTER XIII 
INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 

173. Information in cognizable cases. 
174. Information as to non-cognizable cases and investigation of such cases. 
175. Police officer’s power to investigate cognizable case. 
176. Procedure for investigation. 
177. Report how submitted. 
178. Power to hold investigation or preliminary inquiry. 
179. Police officer's power to require attendance of witnesses. 
180. Examination of witnesses by police. 
181. Statements to police and use thereof. 
182. No inducement to be offered. 
183. Recording of confessions and statements. 
184. Medical examination of victim of rape. 
185. Search by police officer. 
186. When officer in charge of police station may require another to issue search-warrant. 
187. Procedure when investigation cannot be completed in twenty-four hours. 
188. Report of investigation by subordinate police officer. 
189. Release of accused when evidence deficient. 
190. Cases to be sent to Magistrate, when evidence is sufficient. 
191. Complainant and witnesses not to be required to accompany police officer and not to be subject to 

restraint. 

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

CHAPTER XIV 

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 

197. Ordinary place of inquiry and trial. 
198. Place of inquiry or trial. 
199. Offence triable where act is done or consequence ensues. 
200. Place of trial where act is an offence by reason of relation to other offence. 
201. Place of trial in case of certain offences. 
202. Offences committed by means of electronic communications, letters, etc. 
203. Offence committed on journey or voyage. 
204. Place of trial for offences triable together. 
205. Power to order cases to be tried in different sessions divisions. 

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SECTIONS 

206. High Court to decide, in case of doubt, district where inquiry or trial shall take place. 
207. Power to issue summons or warrant for offence committed beyond local jurisdiction. 
208. Offence committed outside India. 
209. Receipt of evidence relating to offences committed outside India. 

CHAPTER XV 
CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 

210. Cognizance of offences by Magistrate. 
211. Transfer on application of accused. 
212. Making over of cases to Magistrates. 
213. Cognizance of offences by Court of Session. 
214. Additional Sessions Judges to try cases made over to them. 
215. Prosecution for contempt of lawful authority of public servants, for offences against public justice 

and for offences relating to documents given in evidence. 

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

CHAPTER XVI 
COMPLAINTS TO MAGISTRATES 

223. Examination of complainant. 
224. Procedure by Magistrate not competent to take cognizance of case. 
225. Postponement of issue of process. 
226. Dismissal of complaint. 
227. Issue of process. 
228. Magistrate may dispense with personal attendance of accused. 
229. Special summons in cases of petty offence. 
230. Supply to accused of copy of police report and other documents. 
231. Supply of copies of statements and documents to accused in other cases triable by Court of Session. 
232. Commitment of case to Court of Session when offence is triable exclusively by it. 
233. Procedure to be followed when there is a complaint case and police investigation in respect of same 

offence. 

CHAPTER XVIII 
THE CHARGE 
A.—Form of charges 

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

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SECTIONS 

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

CHAPTER XIX 
TRIAL BEFORE A COURT OF SESSION 

248. Trial to be conducted by Public Prosecutor. 
249. Opening case for prosecution. 
250. Discharge. 
251. Framing of charge. 
252. Conviction on plea of guilty. 
253. Date for prosecution evidence. 
254. Evidence for prosecution. 
255. Acquittal. 
256. Entering upon defence. 
257. Arguments. 
258. Judgment of acquittal or conviction. 
259. Previous conviction. 
260. Procedure in cases instituted under sub-section (2) of section 222. 

CHAPTER XX 

TRIAL OF WARRANT-CASES BY MAGISTRATES 

A.—Cases instituted on a police report 

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

B.—Cases instituted otherwise than on police report 

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

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

C.—Conclusion of trial 

CHAPTER XXI 
TRIAL OF SUMMONS-CASES BY MAGISTRATES 

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

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SECTIONS 

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

CHAPTER XXII 
SUMMARY TRIALS 

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

CHAPTER XXIII 
PLEA BARGAINING 

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

CHAPTER XXIV 
ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 

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

section 302. 

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

CHAPTER XXV 

EVIDENCE IN INQUIRIES AND TRIALS 
A.—Mode of taking and recording evidence 

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

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SECTIONS 

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

B.—Commissions for the examination of witnesses 

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

CHAPTER XXVI 
GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 

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

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SECTIONS 

355. Provision for inquiries and trial being held in absence of accused in certain cases. 
356. Inquiry, trial or judgment in absentia of proclaimed offender. 
357. Procedure where accused does not understand proceedings. 
358. Power to proceed against other persons appearing to be guilty of offence. 
359. Compounding of offences. 
360. Withdrawal from prosecution. 
361. Procedure in cases which Magistrate cannot dispose of. 
362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be 

committed. 

363. Trial of persons previously convicted of offences against coinage, stamp-law or property.                     
364. Procedure when Magistrate cannot pass sentence sufficiently severe. 
365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.  
366. Court to be open.  

CHAPTER XXVII 
PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 

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

CHAPTER XXVIII 
PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 

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

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CHAPTER XXIX 
THE JUDGMENT 

SECTIONS 

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

CHAPTER XXX 
SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 

407. Sentence of death to be submitted by Court of Session for confirmation. 
408. Power to direct further inquiry to be made or additional evidence to be taken. 
409. Power of High Court to confirm sentence or annul conviction. 
410. Confirmation or new sentence to be signed by two Judges. 
411. Procedure in case of difference of opinion. 
412. Procedure in cases submitted to High Court for confirmation. 

CHAPTER XXXI 
APPEALS 

413. No appeal to lie unless otherwise provided. 
414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or 

good behavior. 

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

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SECTIONS 

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

CHAPTER XXXII 

REFERENCE AND REVISION 

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

CHAPTER XXXIII 
TRANSFER OF CRIMINAL CASES 

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

CHAPTER XXXIV 

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES 
A.—Death sentences 

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

B.—Imprisonment 

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

C.—Levy of fine 

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

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D.—General provisions regarding execution 

SECTIONS 

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

E.—Suspension, remission and commutation of sentences 

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

CHAPTER XXXV 
PROVISIONS AS TO BAIL AND BONDS 

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

CHAPTER XXXVI 
DISPOSAL OF PROPERTY 

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

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SECTIONS 

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

CHAPTER XXXVII 
IRREGULAR PROCEEDINGS 

506. Irregularities which do not vitiate proceedings. 
507. Irregularities which vitiate proceedings. 
508. Proceedings in wrong place. 
509. Non-compliance with provisions of section 183 or section 316. 
510. Effect of omission to frame, or absence of, or error in, charge. 
511. Finding or sentence when reversible by reason of error, omission or irregularity. 
512. Defect or error not to make attachment unlawful. 

CHAPTER XXXVIII 
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 

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

CHAPTER XXXIX 
MISCELLANEOUS 

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

15 

 
 
 
 
 
 
 
 
THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 

ACT NO. 46 OF 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:— 

[25th December, 2023.] 

CHAPTER I 

PRELIMINARY 

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

Suraksha Sanhita, 2023. 

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

not apply— 

(a) to the State of Nagaland; 

(b) to the tribal areas, 

but the concerned State Government may, by notification, apply such provisions or any of them 
to  the  whole  or  part  of  the  State  of  Nagaland  or  such  tribal  areas,  as  the  case  may  be,  with  such 
supplemental, incidental or consequential modifications, as may be specified in the notification. 

Explanation.—In  this  section,  “tribal  areas”  means  the  territories  which  immediately  before                                 

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

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

Gazette, appoint. 

2. Definitions.—                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

(1) In this Sanhita, unless the context otherwise requires,— 

(a) “audio-video electronic” means shall include use of any communication device for the purposes 
of  video  conferencing,  recording  of  processes  of  identification,  search  and  seizure  or  evidence, 
transmission of electronic communication and for such other purposes and by such other means as the 
State Government may, by rules provide; 

(b) “bail” means release of a person accused of or suspected of commission of an offence from the 
custody of law upon certain conditions imposed by an officer or Court on execution by such person of 
a bond or a bail bond; 

(c) “bailable offence” means an offence which is shown as bailable in the First Schedule, or which 
is made bailable by any other law for the time being in force; and “non-bailable offence” means any 
other offence; 

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

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

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

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

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

16 

 
                                                      
(g) “cognizable offence” means an offence for which, and "cognizable case" means a case in which, 
a police officer may, in accordance with the First Schedule or under any other law for the time being in 
force, arrest without warrant; 

(h) “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his 
taking  action  under  this  Sanhita,  that  some  person,  whether  known  or  unknown,  has  committed  an 
offence, but does not include a police report. 

Explanation.—A  report  made  by  a  police  officer  in  a  case  which  discloses,  after  investigation,  the 
commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by 
whom such report is made shall be deemed to be the complainant; 

(i)  “electronic  communication”  means  the  communication  of  any  written,  verbal,  pictorial 
information or video content transmitted or transferred (whether from one person to another or from 
one  device  to  another  or  from  a  person  to  a  device  or  from  a  device  to  a  person)  by  means  of  an 
electronic device including a telephone, mobile 

phone, or other wireless telecommunication device, or a computer, or audio-video player or camera 
or any other electronic device or electronic form as may be specified by notification, by the Central 
Government; 

(j) “High Court” means,— 

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

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

been extended by law, that High Court; 

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

territory other than the Supreme Court of India; 

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

or Court; 

(l) “investigation” includes all the proceedings under this Sanhita for the collection of evidence 
conducted  by  a  police  officer  or  by  any  person  (other  than  a  Magistrate)  who  is  authorised  by  a 
Magistrate in this behalf. 

Explanation.—Where any of the provisions of a special Act are inconsistent with the provisions of 

this Sanhita, the provisions of the special Act shall prevail;  

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

legally taken on oath; 

(n) “local jurisdiction”, in relation to a Court or Magistrate, means the local area within which the 
Court or Magistrate may exercise all or any of its or his powers under this Sanhita and such local area 
may  comprise  the  whole  of  the  State,  or  any  part  of  the  State,  as  the  State  Government  may,  by 
notification, specify; 

(o) “non-cognizable offence” means an offence for which, and “non-cognizable case” means a case 

in which, a police officer has no authority to arrest without warrant; 

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

(q) “offence” means any act or omission made punishable by any law for the time being in force 
and  includes  any  act  in  respect  of  which  a  complaint  may  be  made  under  section  20  of  the  Cattle 
Trespass Act, 1871 (1 of 1871); 

(r) “officer in charge of a police station” includes, when the officer in charge of the police station 
is absent from the station-house or unable from illness or other cause to perform his duties, the police 

17 

 
officer present at the station-house who is next in rank to such officer and is above the rank of constable 
or, when the State Government so directs, any other police officer so present; 

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

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

sub-section (3) of section 193; 

(u)  “police  station”  means  any  post  or  place  declared  generally  or  specially  by  the  State 
Government, to be a police station, and includes any local area specified by the State Government in 
this behalf; 

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

acting under the directions of a Public Prosecutor; 

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

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

(y) “victim” means a person who has suffered any loss or injury caused by reason of the act or 

omission of the accused person and includes the guardian or legal heir of such victim; 

(z) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life 

or imprisonment for a term exceeding two years. 

(2)  Words  and  expressions  used  herein  and  not  defined  but  defined  in  the  Information                              

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

3. Construction of references.—(1) Unless the context otherwise requires, any reference in any law, 
to a Magistrate without any qualifying words, Magistrate of the first class or a Magistrate of the second 
class shall, in relation to any area, be construed as a reference to a Judicial Magistrate of the first class or 
Judicial Magistrate of the second class, as the case may be, exercising jurisdiction in such area.  

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

matters,— 

(a) which involve the appreciation or shifting of evidence or the formulation of any decision which 
exposes any person to any punishment or penalty or detention in custody pending investigation, inquiry 
or trial or would have the effect of sending him for trial before any Court, they shall, subject to the 
provisions of this Sanhita, be exercisable by a Judicial Magistrate; or 

(b) which are administrative or executive in nature, such as, the granting of a licence, the suspension 
or cancellation of a licence, sanctioning a prosecution or withdrawing from a prosecution, they shall, 
subject to the provisions of clause (a) be exercisable by an Executive Magistrate. 

4. Trial of offences under Bharatiya Nyaya Sanhita, 2023 and other laws.—(1) All offences under 
the  Bharatiya  Nyaya  Sanhita,  2023  shall  be  investigated,  inquired  into,  tried,  and  otherwise  dealt  with 
according to the provisions hereinafter contained. 

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with 
according to the same provisions, but subject to any enactment for the time being in force regulating the 
manner or place of investigating, inquiring into, trying or otherwise dealing with such offences.  

5.  Saving.—Nothing  contained  in  this  Sanhita  shall,  in  the  absence  of  a  specific  provision  to  the 
contrary, affect any special or local law for the time being in force, or any special jurisdiction or power 
conferred, or any special form of procedure prescribed, by any other law for the time being in force.  

CHAPTER II 

18 

 
CONSTITUTION OF CRIMINAL COURTS AND OFFICES 

6. Classes of Criminal Courts.— Besides the High Courts and the Courts constituted under any law, 
other than this Sanhita, there shall be, in every State, the following classes of Criminal Courts, namely:— 

(i) Courts of Session; 

(ii) Judicial Magistrates of the first class; 

(iii) Judicial Magistrates of the second class; and 

(iv) Executive Magistrates. 

7.  Territorial  divisions.—(1)  Every  State  shall  be  a  sessions  division  or  shall  consist  of  sessions 
divisions; and every sessions divisions shall, for the purposes of this Sanhita, be a district or consist of 
districts. 

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

of such divisions and districts. 

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

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

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

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

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

division. 

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

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

Session. 

(4) The Sessions Judge of one sessions division may be appointed by the High Court to be also an 
Additional Sessions Judge of another division, and in such case, he may sit for the disposal of cases at such 
place or places in the other division as the High Court may direct. 

(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the 
disposal of any urgent application which is, or may be, made or pending before such Court of Session by 
an Additional Sessions Judge or if there be no Additional Sessions Judge, by a Chief Judicial Magistrate, 
in the sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such 
application. 

(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, 
by notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to 
the general convenience of the parties and witnesses to hold 

its sittings at any other place in the sessions division, it may, with the consent of the prosecution and 
the accused, sit at that place for the disposal of the case or the examination of any witness or witnesses 
therein. 

(7) The Sessions Judge may, from time to time,  make orders consistent with this  Sanhita, as to the 

distribution of business among such Additional Sessions Judges. 

(8) The Sessions Judge may also make provision for the disposal of any urgent application, in the event 
of his absence or inability to act, by an Additional Sessions Judge or if there be no Additional Sessions 
Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall be deemed to have jurisdiction 
to deal with any such application. 

19 

 
Explanation.—For the purposes of this Sanhita, “appointment” does not include the first appointment, 
posting or promotion of a person by the Government to any Service, or post in connection with the affairs 
of the Union or of a State, where under any law, such appointment, posting or promotion is required to be 
made by the Government. 

9. Courts of Judicial Magistrates.—(1) In every district there shall be established as many Courts of 
Judicial Magistrates of the first class and of the second class, and at such places, as the State Government 
may, after consultation with the High Court, by notification, specify: 

Provided that the State Government may, after consultation with the High Court, establish, for any local 
area, one or more Special Courts of Judicial Magistrates of the first class or of the second class to try any 
particular case or particular class of cases, and where any such Special Court is established, no other Court 
of Magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which 
such Special Court of Judicial Magistrate has been established. 

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

(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a 
Judicial Magistrate of the first class or of the second class on any member of the Judicial Service of the 
State, functioning as a Judge in a Civil Court. 

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

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

(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief 
Judicial  magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate 
under this Sanhita or under any other law for the time being in force as the High Court may direct. 

(3) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the 
Sub-divisional  Judicial  Magistrate  and  relieve  him  of  the  responsibilities  specified  in  this  section  as 
occasion requires. 

(4)  Subject  to  the  general  control  of  the  Chief  Judicial  Magistrate,  every  Sub-divisional  Judicial 
Magistrate shall also have and exercise, such powers of supervision and control over the work of the Judicial 
Magistrates (other than Additional Chief Judicial Magistrates) in the sub-division as the High Court may, 
by general or special order, specify in this behalf. 

11.  Special  Judicial  Magistrates.—(1)  The  High  Court  may,  if  requested  by  the  Central  or  State 
Government so to do, confer upon any person who holds or has held any post under the Government, all or 
any of the powers conferred or conferrable by or under this Sanhita on a Judicial Magistrate of the first 
class or of the second class, in respect to particular cases or to particular classes of cases, in any local area: 

Provided that no such power shall be conferred on a person unless he possesses such qualification or 

experience in relation to legal affairs as the High Court may, by rules, specify. 

(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, 

not exceeding one year at a time, as the High Court may, by general or special order, direct. 

12. Local Jurisdiction of Judicial Magistrates.—(1) Subject to the control of the High Court, the 
Chief    udicial  Magistrate  may,  from  time  to  time,  define  the local  limits  of  the  areas  within  which  the 
Magistrates appointed under section 9 or under section 11 may exercise all or any of the powers with which 
they may respectively be invested under this Sanhita: 

Provided that the Court of Special Judicial Magistrate may hold its sitting at any place within the local 

area for which it is established. 

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

Magistrate shall extend throughout the district. 

20 

 
(3) Where the local jurisdiction of a Magistrate appointed under section 9 or section 11 extends to an 
area beyond the district in which he ordinarily holds Court, any reference in this Sanhita to the Court of 
Session or Chief Judicial Magistrate shall, in relation to such Magistrate, throughout the area within his 
local jurisdiction, be construed, unless the context otherwise requires, as a reference to the Court of Session 
or Chief Judicial Magistrate, as the case may be, exercising jurisdiction in relation to the said district. 

13. Subordination of Judicial Magistrates.—(1) Every Chief Judicial Magistrate shall be subordinate 
to  the  Sessions  Judge;  and  every  other  Judicial  Magistrate  shall,  subject  to  the  general  control  of  the 
Sessions Judge, be subordinate to the Chief Judicial Magistrate. 

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

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

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

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

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

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

(4) The  State  Government may  place  an  Executive  Magistrate in charge  of  a  sub-division  and  may 
relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division 
shall be called the Sub-divisional Magistrate. 

(5) The State Government may, by general or special order and subject to such control and directions 

as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate. 

(6) Nothing in this section shall preclude the State Government from conferring, under any law for the 

time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate. 

15.  Special  Executive  Magistrates.—The  State  Government  may  appoint, for such term  as  it  may 
think fit, Executive Magistrates or any police officer not below the rank of Superintendent of Police or 
equivalent, to be known as Special Executive Magistrates, for particular areas or for the performance of 
particular functions and confer on such Special Executive Magistrates such of the powers as are conferrable 
under this Sanhita on Executive Magistrates, as it may deem fit. 

16. Local Jurisdiction of Executive.—Magistrates. (1) Subject to the control of the State Government, 
the  District  Magistrate  may,  from  time  to  time,  define  the  local  limits  of  the  areas  within  which  the 
Executive  Magistrates  may  exercise  all  or  any  of  the  powers  with  which  they  may  be  invested  under                       
this Sanhita. 

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

Magistrate shall extend throughout the district. 

17. Subordination of Executive Magistrates.—(1) All Executive Magistrates shall be subordinate to 
the  District  Magistrate,  and  every  Executive  Magistrate  (other  than  the  Sub-divisional  Magistrate) 
exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, to 
the general control of the District Magistrate. 

(2) The District Magistrate may, from time to time, make rules or give special orders, consistent with 
this Sanhita, as to the distribution or allocation of business among the Executive Magistrates subordinate 
to him. 

21 

 
18. Public Prosecutors.—(1) For every High Court, the Central Government or the State Government 
shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more 
Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding 
on behalf of the Central Government or the State Government, as the case may be: 

Provided that for National Capital Territory of Delhi, the Central Government shall, after consultation 
with  the  High  Court  of  Delhi,  appoint  the  Public  Prosecutor  or  Additional  Public  Prosecutors  for  the 
purposes of this sub-section. 

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

any case in any district or local area. 

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

or more Additional Public Prosecutors for the district: 

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

(4) The District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of names of 
persons, who are, in his opinion fit to be appointed as Public Prosecutors or Additional Public Prosecutors 
for the district. 

(5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public 
Prosecutor for the district unless his name appears in the panel of names prepared by the District Magistrate 
under sub-section (4). 

(6)  Notwithstanding  anything  in  sub-section  (5),  where  in  a  State  there  exists  a  regular  Cadre  of 
Prosecuting  Officers,  the  State  Government  shall  appoint  a  Public  Prosecutor  or  an  Additional  Public 
Prosecutor only from among the persons constituting such Cadre: 

Provided that where, in the opinion of the State Government, no suitable person is available in such 
Cadre for such appointment, that Government may appoint a person as Public Prosecutor or Additional 
Public Prosecutor, as the case may be, from the panel of names prepared by the District Magistrate under 
sub-section (4). 

Explanation.—For the purposes of this sub-section,— 

(a) “regular Cadre of Prosecuting Officers” means a Cadre of Prosecuting Officers which includes 
therein the post of Public Prosecutor, by whatever name called, and which provides for promotion of 
Assistant Public Prosecutors, by whatever name called, to that post; 

(b)  “Prosecuting  Officer”  means  a  person,  by  whatever  name  called,  appointed  to  perform  the 
functions of a Public Prosecutor, Special Public Prosecutor, Additional Public Prosecutor or Assistant 
Public Prosecutor under this Sanhita. 

(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor 
under sub-section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice 
as an advocate for not less than seven years. 

(8) The Central Government or the State Government may appoint, for the purposes of any case or class 
of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public 
Prosecutor: 

22 

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

prosecution under this sub-section. 

(9) For the purposes of sub-section (7) and sub-section (8), the period during which a person has been 
in practice as an advocate, or has rendered (whether before or after the commencement of this Sanhita) 
service as a Public Prosecutor or as an Additional Public Prosecutor or Assistant Public Prosecutor or other 
Prosecuting Officer, by whatever name called, shall be deemed to be the period during which such person 
has been in practice as an advocate. 

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

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

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

conducting any case or class of cases in the Courts of Magistrates. 

(3) Without prejudice to provisions contained in sub-sections (1) and (2), where no Assistant Public 
Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other 
person to be the Assistant Public Prosecutor in charge of that case after giving notice of fourteen days to 
the State Government: 

Provided that no police officer shall be eligible to be appointed as an Assistant Public 

Prosecutor, if he— 

(a) has taken any part in the investigation into the offence with respect to which the accused is 

being prosecuted; or 

(b) is below the rank of Inspector. 

20. Directorate of Prosecution.—(1) The State Government may establish,— 

(a) a Directorate of Prosecution in the State consisting of a Director of Prosecution and as many 

Deputy Directors of Prosecution as it thinks fit; and 

(b) a District Directorate of Prosecution in every district consisting of as many Deputy Directors 

and Assistant Directors of Prosecution, as it thinks fit. 

(2) A person shall be eligible to be appointed,— 

(a) as a Director of Prosecution or a Deputy Director of Prosecution, if he has been in practice as 

an advocate for not less than fifteen years or is or has been a Sessions Judge; 

(b) as an Assistant Director of Prosecution, if he has been in practice as an advocate for not less 

than seven years or has been a Magistrate of the first class. 

(3) The Directorate of Prosecution shall be headed by the Director of Prosecution, who shall function 

under the administrative control of the Home Department in the State. 

(4) Every Deputy Director of Prosecution or Assistant Director of Prosecution shall be subordinate to 
the Director of Prosecution; and every Assistant Director of Prosecution shall be subordinate to the Deputy 
Director of Prosecution. 

(5) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by 
the State Government under sub-section (1) or sub-section (8) of section 18 to conduct cases in the High 
Court shall be subordinate to the Director of Prosecution. 

(6) Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by 
the State Government under sub-section (3) or sub-section (8) of section 18 to conduct cases in District 

23 

 
 
Courts  and  every  Assistant  Public  Prosecutor  appointed  under  sub-section  (1)  of  section  19  shall  be 
subordinate to the Deputy Director of Prosecution or the Assistant Director of Prosecution. 

(7) The powers and functions of the Director of Prosecution shall be to monitor cases in which offences 
are punishable for ten years or more, or with life imprisonment, or with death; to expedite the proceedings 
and to give opinion on filing of appeals. 

(8) The powers and functions of the Deputy Director of Prosecution shall be to examine and scrutinise 
police report and monitor the cases in which offences are punishable for seven years or more, but less than 
ten years, for ensuring their expeditious disposal. 

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

are punishable for less than seven years. 

(10) Notwithstanding anything contained in sub-sections (7), (8) and (9), the Director, Deputy Director 
or Assistant Director of Prosecution shall have the power to deal with and be responsible for all proceedings 
under this Sanhita. 

(11) The other powers and functions of the Director of Prosecution, Deputy Directors of Prosecution 
and Assistant Directors of Prosecution and the areas for which each of the Deputy Directors of Prosecution 
or Assistant Directors of Prosecution have been appointed shall be such as the State Government may, by 
notification, specify. 

(12)  The  provisions  of  this  section  shall  not  apply  to  the  Advocate  General  for  the  State  while 

performing the functions of a Public Prosecutor. 

CHAPTER III 

POWER OF COURTS 

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

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

(i) the High Court; or 

(ii) the Court of Session; or 

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

Provided  that  any  offence  under  section  64,  section  65,  section  66,  section  67,  section  68,                       

section  69,  section  70  or  section  71  of  the  Bharatiya  Nyaya  Sanhita,  2023  shall  be  tried  as  far  as 
practicable by a Court presided over by a woman; 

(b) any offence under any other law shall, when any Court is mentioned in this behalf in such law, be 

tried by such Court and when no Court is so mentioned, may be tried by— 

(i) the High Court; or 

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

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

sentence authorised by law. 

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

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

23. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may pass 
any sentence authorised by law except a sentence of death or of imprisonment for life or of imprisonment 
for a term exceeding seven years. 

24 

 
(2) The Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not 
exceeding three years, or of fine not exceeding fifty thousand rupees, or of both, or of community service. 

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

exceeding one year, or of fine not exceeding ten thousand rupees, or of both, or of community service. 

Explanation.—“Community  service”  shall  mean  the  work  which  the  Court  may  order  a  convict  to 
perform as a form of punishment that benefits the community, for which he shall not be entitled to any 
remuneration. 

24. Sentence of imprisonment in default of fine.—(1) The Court of a Magistrate may award such 

term of imprisonment in default of payment of fine as is authorised by law: 

Provided that the term— 

(a) is not in excess of the powers of the Magistrate under section 23; 

(b) shall not, where imprisonment has been awarded as part of the substantive sentence, exceed 
one-fourth of the term of imprisonment which the Magistrate is competent to inflict as punishment for 
the offence otherwise than as imprisonment in default of payment of the fine. 

(2)  The  imprisonment  awarded  under  this  section  may  be  in  addition  to  a  substantive  sentence  of 

imprisonment for the maximum term awardable by the Magistrate under section 23. 

25. Sentence in cases of conviction of several offences at one trial.—(1) When a person is convicted 
at one trial of two or more offences, the Court may, subject to the provisions of section 9 of the Bharatiya 
Nyaya Sanhita, 2023, sentence him for such offences, to the several punishments prescribed therefor which 
such  Court  is  competent  to  inflict  and  the  Court  shall,  considering  the  gravity  of  offences,  order  such 
punishments to run concurrently or consecutively. 

(2) In the case of consecutive sentences, it shall not be necessary for the Court by reason only of the 
aggregate punishment for the several offences being in excess of the punishment which it is competent to 
inflict on conviction of a single offence, to send the offender for trial before a higher Court: 

Provided that— 

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

(b) the aggregate punishment shall not exceed twice the amount of punishment which the Court is 

competent to inflict for a single offence. 

(3) For the purpose of appeal by a convicted person, the aggregate of the consecutive sentences passed 

against him under this section shall be deemed to be a single sentence. 

26. Mode of conferring powers.—(1) In conferring powers under this Sanhita, the High Court or the 
State Government, as the case may be, may, by order, empower persons specially by name or in virtue of 
their offices or classes of officials generally be their official titles. 

(2)  Every  such  order  shall  take  effect  from  the  date  on  which  it  is  communicated  to  the  person  so 

empowered. 

27.  Powers  of  officers  appointed.—Whenever  any  person  holding  an  office  in  the  service  of 
Government who has been invested by the High Court or the State Government with any powers under this 
Sanhita throughout any local area is appointed to an equal or higher office of the samenature, within a like 
local area under the same State Government, he shall, unless the High Court or the State Government, as 
the case may be, otherwise directs, or has otherwise directed, exercise the same powers in the local area in 
which he is so appointed. 

25 

 
28. Withdrawal of powers.—(1) The High Court or the State Government, as the case may be, may 
withdraw  all  or  any  of  the  powers  conferred  by  it  under  this  Sanhita  on  any  person  or  by  any  officer 
subordinate to it. 

(2)  Any  powers  conferred  by  the  Chief  Judicial  Magistrate  or  by  the  District  Magistrate  may  be 

withdrawn by the respective Magistrate by whom such powers were conferred. 

29. Powers of Judges and Magistrates exercisable by their successors-in office.—(1) Subject to the 
other  provisions  of  this  Sanhita,  the  powers  and  duties  of  a  Judge  or  Magistrate  may  be  exercised  or 
performed by his successor-in-office. 

(2) When there is any doubt as to who is the successor-in-office, the Sessions Judge shall determine by 
order  in  writing  the  Judge  who  shall,  for  the  purposes  of  this  Sanhita  or  of  any  proceedings  or  order 
thereunder, be deemed to be the successor-in-office. 

(3) When there is any doubt as to who is the successor-in-office of any Magistrate, the Chief Judicial 
Magistrate, or the District Magistrate, as the case may be, shall determine by order in writing the Magistrate 
who shall, for the purpose of this Sanhita or of any proceedings or order thereunder, be deemed to be the 
successor-in-office of such Magistrate. 

CHAPTER IV 

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

30. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of 
a police station may exercise the same powers, throughout the local area to which they are appointed, as 
may be exercised by such officer within the limits of his station. 

31. Public when to assist Magistrates and police.—Every person is bound to assist a Magistrate or 

police officer reasonably demanding his aid— 

(a) in the taking  or  preventing  the  escape  of any  other  person  whom  such  Magistrate  or  police 

officer is authorised to arrest; or 

(b) in the prevention or suppression of a breach of the peace; or 

(c) in the prevention of any injury attempted to be committed to any public property. 

32. Aid to person, other than police officer, executing warrant.—When a warrant is directed to a 
person other than a police officer, any other person may aid in the execution of such warrant, if the person 
to whom the warrant is directed be near at hand and acting in the execution of the warrant. 

33. Public to give information of certain offences.—(1) Every person, aware of the commission of, 
or  of  the  intention  of  any  other  person  to  commit,  any  offence  punishable  under  any  of  the  following 
sections of the Bharatiya Nyaya Sanhita, 2023, namely:— 

(i) sections 103 to 105 (both inclusive); 

(ii) sections 111 to 113 (both inclusive); 

(iii) sections 140 to 144 (both inclusive); 

(iv) sections 147 to 154 (both inclusive) and section 158; 

(v) sections 178 to 182 (both inclusive); 

(vi) sections 189 and 191; 

(vii) sections 274 to 280 (both inclusive); 

(viii) section 307; 

26 

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

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

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

(xii) sections 331 and 332, upon the person so aware, forthwith give information to the nearest 

Magistrate or police officer of such commission or intention. 

(2) For the purposes of this section, the term “offence” includes any act committed at any place out of 

India which would constitute an offence if committed in India. 

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

report.—(1) Every officer employed in connection with the affairs of a village and every person residing 
in a village shall forthwith communicate to the nearest Magistrate or to the officer in charge of the nearest 
police station, whichever is nearer, any information which he may possess respecting— 

(a) the permanent or temporary residence of any notorious receiver or vendor of stolen property in 

or near such village; 

(b) the resort to any place within, or the passage through, such village of any person whom he 

knows, or reasonably suspects, to be a robber, escaped convict or proclaimed offender; 

(c) the commission of, or intention to commit, in or near such village any non-bailable offence or 

any offence punishable under section 189 and section 191 of the Bharatiya Nyaya Sanhita, 2023; 

(d) the occurrence in or near such village of any sudden or unnatural death or of any death under 
suspicious circumstances or the discovery in or near such village of any corpse or part of a corpse, in 
circumstances which lead to a reasonable suspicion that such a death has occurred or the disappearance 
from  such  village  of  any  person  in  circumstances  which  lead  to  a  reasonable  suspicion  that  a  non-
bailable offence has been committed in respect of such person; 

(e) the commission of, or intention to commit, at any place out of India nearsuch village any act 
which, if committed in India, would be an offence punishable under any of the following sections of 
the Bharatiya Nyaya Sanhita, 2023, namely, 103, 105, 111, 112, 113, 178 to 181 (both inclusive), 305, 
307, 309 to 312 (both inclusive), clauses (f) and (g) of section 326, 331or 332; 

(f) any matter likely to affect the maintenance of order or the prevention of crime or the safety of 
person or property respecting which the District Magistrate, by general or special order made with the 
previous sanction of the State Government, has directed him to communicate information. 

(2) In this section,— 

(i) “village” includes village lands; 

(ii) the expression “proclaimed offender” includes any person proclaimed as an offender by any 
Court or authority in any territory in India to which this Sanhita does not extend, in respect of any act 
which if committed in the territories to which this Sanhita extends, would be an offence punishable 
under any of the offence punishable with imprisonment for ten years or more or with imprisonment for 
life or with death under the Bharatiya Nyaya Sanhita, 2023; 

(iii) the words “officer employed in connection with the affairs of the village” means a member of 
the panchayat of the village and includes the headman and every officer or other person appointed to 
perform any function connected with the administration of the village. 

35. When police may arrest without warrant.—(1) Any police officer may without an order from a 

Magistrate and without a warrant, arrest any person— 

(a) who commits, in the presence of a police officer, a cognizable offence; or 

27 

 
(b) against whom a reasonable complaint has been made, or credible information has been received, 
or  a  reasonable  suspicion  exists  that  he  has  committed  a  cognizable  offence  punishable  with 
imprisonment  for  a  term  which  may  be  less  than  seven  years  or  which  may  extend  to  seven  years 
whether with or without fine, if the following conditions are satisfied, namely:— 

(i) the police officer has reason to believe on the basis of such complaint, information, or 

suspicion that such person has committed the said offence; 

(ii) the police officer is satisfied that such arrest is necessary— 

(a) to prevent such person from committing any further offence; or 

(b) for proper investigation of the offence; or 

(c)  to  prevent  such  person  from  causing  the  evidence  of  the  offence  to  disappear  or 

tampering with such evidence in any manner; or 

(d) to prevent such person from making any inducement, threat or promise to any person 
acquainted with the facts of the case so as to dissuade him from disclosing such facts to the 
Court or to the police officer; or 

(e) as unless such person is arrested, his presence in the Court whenever required cannot 
be ensured, and the police officer shall record while making such arrest, his reasons in writing: 

Provided that a police officer shall, in all cases where the arrest of a person is not required 

under  the  provisions  of  this  sub-section,  record  the  reasons  in  writing  for  not  making  the                  
arrest; or 

(c)  against  whom  credible  information  has  been  received  that  he  has  committed  a  cognizable 
offence punishable with imprisonment for a term which may extend to more than seven years whether 
with or without fine or with death sentence and the police officer has reason to believe on the basis of 
that information that such person has committed the said offence; or 

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

Government; or 

(e) in whose possession anything is found which may reasonably be suspected to be stolen property 
and who may reasonably be suspected of having committed an offence with reference to such thing; or 

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

to escape, from lawful custody; or 

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

(h) who has been concerned in, or against whom a reasonable complaint has been made, or credible 
information has been received, or a reasonable suspicion exists, of his having been concerned in, any 
act committed at any place out of India which, if committed in India, would have been punishable as 
an  offence,  and  for  which  he  is,  under  any  law  relating  to  extradition,  or  otherwise,  liable  to  be 
apprehended or detained in custody in India; or 

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

section 394; or 

(j) for whose arrest any requisition, whether written or oral, has been received from another police 
officer, provided that the requisition specifies the person to be arrested and the offence or other cause 
for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested 
without a warrant by the officer who issued the requisition. 

28 

 
(2) Subject to the provisions of section 39, no person concerned in a non-cognizable offence or against 
whom a complaint has been made or credible information has been received or reasonable suspicion exists 
of his having so concerned, shall be arrested except under a warrant or order of a Magistrate. 

(3)  The  police  officer  shall,  in  all  cases  where  the  arrest  of  a  person  is  not  required  under                                        

sub-section (1) issue a notice directing the person against whom a reasonable complaint has been made, or 
credible information has been received, or a reasonable suspicion exists that he has committed a cognizable 
offence, to appear before him or at such other place as may be specified in the notice. 

(4) Where such a notice is issued to any person, it shall be the duty of that person to comply with the 

terms of the notice.  

(5) Where such person complies and continues to comply with the notice, he shall not be arrested in 
respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the 
opinion that he ought to be arrested. 

(6) Where  such  person,  at any  time,  fails to comply  with the terms  of  the  notice  or is  unwilling  to 
identify himself, the police officer may, subject to such orders as may have been passed by a competent 
Court in this behalf, arrest him for the offence mentioned in the notice. 

(7)  No  arrest  shall  be  made  without  prior  permission  of  an  officer  not  below  the  rank  of                                  

Deputy  Superintendent of Police in case of an offence which is punishable for imprisonment of less than 
three years and such person is infirm or is above sixty years of age. 

36. Procedure of arrest and duties of officer making arrest.—Every police officer while making an 

arrest shall— 

(a)  bear  an  accurate,  visible  and  clear  identification  of  his  name  which  will  facilitate  easy 

identification; 

(b) prepare a memorandum of arrest which shall be— 

(i) attested by at least one witness, who is a member of the family of the person arrested or a 

respectable member of the locality where the arrest is made; 

(ii) countersigned by the person arrested; and 

(c) inform the person arrested, unless the memorandum is attested by a member of his family, that 
he has a right to have a relative or a friend or any other person named by him to be informed of his 
arrest. 

37. Designated police officer.—The State Government shall— 

(a) establish a police control room in every district and at State level; 

(b) designate a police officer in every district and in every police station, not below the rank of 
Assistant Sub-Inspector of Police who shall be responsible for maintaining the information about the 
names and addresses of the persons arrested, nature of the offence with which charged, which shall be 
prominently displayed in any manner including in digital mode in every police station and at the district 
headquarters. 

38. Right of arrested person to meet an advocate of his choice during interrogation.—When any 
person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice 
during interrogation, though not throughout interrogation. 

39. Arrest on refusal to give name and residence.—(1) When any person who, in the presence of a 
police  officer,  has  committed  or  has  been  accused  of  committing  a  non-cognizable  offence  refuses  on 
demand of such officer to give his name and residence or gives a name or residence which such officer has 

29 

 
reason to believe to be false, he may be arrested by such officer in order that his name or residence may be 
ascertained. 

(2) When the true name and residence of such person have been ascertained, he shall be released on a 

bond or bail bond, to appear before a Magistrate if so required: 

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

resident in India. 

(3) If the true name and residence of such person is not ascertained within twenty-four hours from the 
time of arrest or if he fails to execute the bond or bail bond, or, if so required, to furnish sufficient sureties, 
he shall forthwith be forwarded to the nearest Magistrate having jurisdiction. 

40. Arrest by private person and procedure on such arrest.—(1) Any private person may arrest or 
cause to be arrested any person who in his presence commits a non-bailable and cognizable offence, or any 
proclaimed offender, and, without unnecessary delay, but within six hours from such arrest, shall make over 
or cause to be made over any person so arrested to a police officer, or, in the absence of a police officer, 
take such person or cause him to be taken in custody to the nearest police station. 

(2)  If  there  is  reason  to  believe  that  such  person  comes  under  the  provisions  of  sub-section  (1)  of                          

section 35, a police officer shall take him in custody. 

(3) If there is reason to believe that he has committed a non-cognizable offence, and he refuses on the 
demand of a police officer to give his name and residence, or gives a name or residence which such officer 
has reason to believe to be false, he shall be dealt with under the provisions of section 39; but if there is no 
sufficient reason to believe that he has committed any offence, he shall be at once released. 

41.  Arrest  by  Magistrate.—(1)  When  any  offence  is  committed  in  the  presence  of  a  Magistrate, 
whether Executive or Judicial, within his local jurisdiction, he may himself arrest or order any person to 
arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the 
offender to custody. 

(2) Any Magistrate, whether Executive or Judicial, may at any time arrest or direct the arrest, in his 
presence, within his local jurisdiction, of any person for whose arrest he is competent at the time and in the 
circumstances to issue a warrant. 

42. Protection of members of Armed Forces from arrest.—(1) Notwithstanding anything contained 
in section 35 and sections 39 to 41 (both inclusive), no member of the Armed Forces of the Union shall be 
arrested for anything done or purported to be done by him in the discharge of his official duties except after 
obtaining the consent of the Central Government. 

(2) The State Government may, by notification, direct that the provisions of sub-section (1) shall apply 
to such class or category of the members of the Force charged with the maintenance of public order as may 
be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section shall 
apply as if for the expression “Central Government” occurring therein, the expression “State Government” 
were substituted. 

43. Arrest how made.—(1) In making an arrest the police officer or other person making the same 
shall actually touch or confine the body of the person to be arrested, unless there be a submission to the 
custody by word or action: 

Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her 
submission  to  custody  on  an  oral  intimation  of  arrest  shall  be  presumed  and,  unless  the  circumstances 
otherwise require or unless the police officer is a female, the police officer shall not touch the person of the 
woman for making her arrest. 

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such 

police officer or other person may use all means necessary to effect the arrest. 

30 

 
(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while 
making the arrest of a person or while producing such person before the court who is a habitual or repeat 
offender, or who escaped from custody, or who has committed offence of organised crime, terrorist act, 
drug related crime, or illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting 
of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State. 

(4) Nothing in this section gives a right to cause the death of a person who is not accused of an offence 

punishable with death or with imprisonment for life. 

(5) Save in exceptional circumstances, no woman shall be arrested after sunset and before sunrise, and 
where such exceptional circumstances exist, the woman police officer shall, by making a written report, 
obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is 
committed or the arrest is to be made. 

44.  Search  of  place  entered  by  person  sought  to  be  arrested.—(1)  If  any  person  acting  under  a 
warrant of arrest, or any police officer having authority to arrest, has reason to believe that the person to be 
arrested has entered into, or is within, any place, any person residing in, or being in charge of, such place 
shall, on demand of such person acting as aforesaid or such police officer, allow him free ingress thereto, 
and afford all reasonable facilities for a search therein. 

(2) If ingress to such place cannot be obtained under sub-section (1), it shall be lawful in any case for 
a  person acting  under  a  warrant and in  any  case in which  a  warrant  may  issue,  but cannot  be  obtained 
without affording the person to be arrested an opportunity of escape, for a police officer to enter such place 
and search therein, and in order to effect an entrance into such place, to break open any outer or inner door 
or window of any house or place, whether that of the person to be arrested or of any other person, if after 
notification of his authority and purpose, and demand of admittance duly made, he cannot otherwise obtain 
admittance: 

Provided that if any such place is an apartment in the actual occupancy of a female (not being the person 
to be arrested) who, according to custom, does not appear in public, such person or police officer shall, 
before entering such apartment, give notice to such female that she is at liberty to withdraw and shall afford 
her every reasonable facility for withdrawing, and may then break open the apartment and enter it. 

(3) Any police officer or other person authorised to make an arrest may break open any outer or inner 
door or window of any house or place in order to liberate himself or any other person who, having lawfully 
entered for the purpose of making an arrest, is detained therein. 

45. Pursuit of offenders into other jurisdictions.—A police officer may, for the purpose of arresting 

without warrant any person whom he is authorised to arrest, pursue such person into any place in India. 

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

necessary to prevent his escape. 

47. Person arrested to be informed of grounds of arrest and of right to bail.—(1) Every police 
officer  or  other  person  arresting  any  person  without  warrant  shall  forthwith  communicate  to  him  full 
particulars of the offence for which he is arrested or other grounds for such arrest. 

(2) Where a police officer arrests without warrant any person other than a person accused of a non-
bailable offence, he shall inform the person arrested that he is entitled to be released on bail and that he 
may arrange for sureties on his behalf. 

48. Obligation of person making arrest to inform about arrest, etc., to relative or friend.—(1) 
Every  police  officer  or  other  person  making  any  arrest  under  this  Sanhita  shall  forthwith  give  the 
information regarding such arrest and place where the arrested person is being held to any of his relatives, 
friends or such other persons as may be disclosed or nominated by the arrested person for the purpose of 
giving such information and also to the designated police officer in the district. 

31 

 
(2) The police officer shall inform the arrested person of his rights under sub-section (1) as soon as he 

is brought to the police station. 

(3) An entry of the fact as to who has been informed of the arrest of such person shall be made in a 

book to be kept in the police station in such form as the State Government may, by rules, provide. 

(4)  It  shall  be  the  duty  of  the  Magistrate  before  whom  such  arrested  person  is  produced,  to  satisfy 
himself that the requirements of sub-section (2) and sub-section (3) have been complied with in respect of 
such arrested person. 

49. Search of arrested person.—(1) Whenever,— 

(i) a person is arrested by a police officer under a warrant which does not provide for the taking of 
bail, or under a warrant which provides for the taking of bail but the person arrested cannot furnish bail; 
and 

(ii) a person is arrested without warrant, or by a private person under a warrant, and cannot legally 
be admitted to bail, or is unable to furnish bail, the officer making the arrest or, when the arrest is made 
by a private person, the police officer to whom he makes over the person arrested, may search such 
person, and place in safe custody all articles, other than necessary wearing-apparel, found upon him 
and  where  any  article  is  seized  from  the  arrested  person,  a  receipt  showing  the  articles  taken  in 
possession by the police officer shall be given to such person. 

(2) Whenever it is necessary to cause a female to be searched, the search shall be made by another 

female with strict regard to decency. 

50. Power to seize offensive weapons.—The police officer or other person making any arrest under 
this Sanhita may, immediately after the arrest is made, take from the person arrested any offensive weapons 
which he has about his person, and shall deliver all weapons so taken to the Court or officer before which 
or whom the officer or person making the arrest is required by this Sanhita to produce the person arrested. 

51.  Examination  of  accused  by  medical  practitioner  at  request  of  police  officer.—(1)  When  a 
person is arrested on a charge of committing an offence of such a nature and alleged to have been committed 
under such circumstances that there are reasonable grounds for believing that an examination of his person 
will  afford  evidence  as  to  the  commission  of  an  offence,  it  shall  be  lawful  for  a  registered  medical 
practitioner, acting at the request of any police officer, and for any person acting in good faith in his aid 
and under his direction, to make such an examination of the person arrested as is reasonably necessary in 
order to ascertain the facts which may afford such evidence, and to use such force as is reasonably necessary 
for that purpose. 

(2) Whenever the person of a female is to be examined under this section, the examination shall be 

made only by, or under the supervision of, a female registered medical practitioner. 

(3) The registered medical practitioner shall, without any delay, forward the examination report to the 

investigating officer. 

Explanation.—In this section and sections 52 and 53,— 

(a) “examination” shall include the examination of blood, blood stains, semen, swabs in case of sexual 
offences,  sputum  and  sweat,  hair  samples and finger nail  clippings by  the  use  of  modern and  scientific 
techniques including DNA profiling and such other tests which the registered medical practitioner thinks 
necessary in a particular case; 

(b)  “registered  medical  practitioner”  means  a  medical  practitioner  who  possesses  any  medical 
qualification recognised under the National Medical Commission Act, 2019 (30 of 2019) and whose name 
has been entered in the National Medical Register or a State Medical Register under that Act. 

32 

 
52. Examination of person accused of rape by medical practitioner.—(1) When a person is arrested 
on a charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds 
for believing that an examination of his person will afford evidence as to the commission of such offence, 
it shall be lawful for a registered medical practitioner employed in a hospital run by the Government or by 
a local authority and in the absence of such a practitioner within the radius of sixteen kilometres from the 
place where the offence has been committed, by any other registered medical practitioner, acting at the 
request of any police officer, and for any person acting in good faith in his aid and under his direction, to 
make such an examination of the arrested person and to use such force as is reasonably necessary for that 
purpose. 

(2) The registered medical practitioner conducting such examination shall, without any delay, examine 

such person and prepare a report of his examination giving the following particulars, namely:— 

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

(ii) the age of the accused; 

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

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

(v) other material particulars in reasonable detail. 

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

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

report. 

(5) The registered medical practitioner shall, without any delay, forward the report to the investigating 
officer, who shall forward it to the Magistrate referred to in section 193 as part of the documents referred 
to in clause (a) of sub-section (6) of that section. 

53. Examination of arrested person by medical officer.—(1) When any person is arrested, he shall 
be examined by a medical officer in the service of the Central Government or a State Government, and in 
case the medical officer is not available, by a registered medical practitioner soon after the arrest is made: 

Provided that if the medical officer or the registered medical practitioner is of the opinion that one more 

examination of such person is necessary, he may do so: 

Provided further that where the arrested person is a female, the examination of the body shall be made 
only by or under the supervision of a female medical officer, and in case the female medical officer is not 
available, by a female registered medical practitioner. 

(2)  The  medical  officer  or  a  registered  medical  practitioner  so  examining  the  arrested  person  shall 
prepare the  record  of such  examination,  mentioning  therein  any  injuries  or  marks  of  violence  upon  the 
person arrested, and the approximate time when such injuries or marks may have been inflicted. 

(3) Where an examination is made under sub-section (1), a copy of the report of such examination shall 
be furnished by the medical officer or registered medical practitioner, as the case may be, to the arrested 
person or the person nominated by such arrested person not available, by a registered medical practitioner 
soon after the arrest is made: 

54.  Identification  of  person  arrested.—Where  a  person  is  arrested  on  a  charge  of  committing  an 
offence and his identification by any other person or persons is considered necessary for the purpose of 
investigation of such offence, the Court, having jurisdiction may, on the request of the officer in charge of 
a police station, direct the person so arrested to subject himself to identification by any person or persons 
in such manner as the Court may deem fit: 

33 

 
Provided  that  if  the  person  identifying  the  person  arrested  is  mentally  or  physically  disabled,  such 
process of identification shall take place under the supervision of a Magistrate who shall take appropriate 
steps to ensure that such person identifies the person arrested using methods that person is comfortable with 
and the identification process shall be recorded by any audio-video electronic means. 

55. Procedure when police officer deputes subordinate to arrest without warrant.—(1) When any 
officer  in  charge  of  a  police  station  or  any  police  officer  making  an  investigation  under  Chapter  XIII 
requires any officer subordinate to him to arrest without a warrant (otherwise than in his presence) any 
person who may lawfully be arrested without a warrant, he shall deliver to the officer required to make the 
arrest an order in writing, specifying the person to be arrested and the offence or other cause for which the 
arrest is to be made and the officer so required shall, before making the arrest, notify to the person to be 
arrested the substance of the order and, if so required by such person, shall show him the order. 

(2)  Nothing  in  sub-section  (1)  shall  affect  the  power  of  a  police  officer  to  arrest  a  person  under                     

section 35. 

56. Health and safety of arrested person.—It shall be the duty of the person having the custody of an 

accused to take reasonable care of the health and safety of the accused. 

57. Person arrested to be taken before Magistrate or officer in charge of police station.—A police 
officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions 
herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the 
case, or before the officer in charge of a police station. 

58. Person arrested not to be detained more than twenty-four hours.—Officers in charge of police 
stations shall report to the District Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases 
of all persons arrested without warrant, within the limits of their respective stations, whether such persons 
have been admitted to bail or otherwise. 

59. Police to report apprehensions.— Officers in charge of police stations shall report to the District  
Magistrate, or, if he so directs, to the Sub-divisional Magistrate, the cases of all persons arrested without 
warrant, within the limits of their respective stations, whether such persons have been admitted to bail or 
otherwise. 

60. Discharge of person apprehended.—No person who has been arrested by a police officer shall be 

discharged except on his bond, or bail bond, or under the special order of a Magistrate. 

61. Power, on escape, to pursue and retake.—(1) If a person in lawful custody escapes or is rescued, 
the person from whose custody he escaped or was rescued may immediately pursue and arrest him in any 
place in India. 

(2) The provisions of section 44 shall apply to arrests under sub-section (1) although the person making 

any such arrest is not acting under a warrant and is not a police officer having authority to arrest. 

62. Arrest to be made strictly according to Sanhita.— No arrest shall be made except in accordance 

with the provisions of this Sanhita or any other law for the time being in force providing for arrest. 

CHAPTER VI 

PROCESSES TO COMPEL APPEARANCE 

A.—Summons 

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

(i) in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as 

the High Court may, from time to time, by rule direct, and shall bear the seal of the Court; or 

34 

 
(ii) in an encrypted or any other form of electronic communication and shall bear the image of the 

seal of the Court or digital signature. 

64. Summons how served.—(1) Every summons shall be served by a police officer, or subject to such 
rules as the State Government may make in this behalf, by an officer of the Court issuing it or other public 
servant: 

Provided that the police station or the registrar in the Court shall maintain a register to enter the address, 

email address, phone number and such other details as the State Government may, by rules, provide. 

(2) The summons shall, if practicable, be served personally on the person summoned, by delivering or 

tendering to him one of the duplicates of the summons: 

Provided  that  summons  bearing  the  image  of  Court's  seal  may  also  be  served  by  electronic 

communication in such form and in such manner, as the State Government may, by rules, provide. 

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

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

65. Service of summons on corporate bodies, firms, and societies.—(1) Service of a summons on a 
company or corporation may be effected by serving it on the Director, Manager, Secretary or other officer 
of the company  or  corporation,  or  by  letter  sent  by  registered post  addressed  to  the  Director,  Manager, 
Secretary or other officer of the company or corporation in India, in which case the service shall be deemed 
to have been effected when the letter would arrive in ordinary course of post. 

Explanation.—In  this  section,  “company”  means  a  body  corporate  and  “corporation”  means  an 
incorporated company or other body corporate registered under the Companies Act, 2013 (18 of 2013) or 
a society registered under the Societies Registration Act, 1860 (21 of 1860). 

(2) Service of a summons on a firm or other association of individuals may be effected by serving it on 
any partner of such firm or association, or by letter sent by registered post addressed to such partner, in 
which case the service shall be deemed to have been effected when the letter would arrive in ordinary course 
of post. 

66. Service when persons summoned cannot be found.—Where the person summoned cannot, by 
the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for 
him with some adult member of his family residing with him, and the person with whom the summons is 
so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. 

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

67.  Procedure  when  service  cannot  be  effected  as  before  provided.—If  service  cannot  by  the 
exercise of due diligence be effected as provided in section 64, section 65 or section 66, the serving officer 
shall affix one of the duplicates of the summons to some conspicuous part of the house or homestead in 
which the person summoned ordinarily resides; and thereupon the Court, after making such inquiries as it 
thinks fit, may either declare that the summons has been duly served or order fresh service in such manner 
as it considers proper. 

68. Service on Government servant.—(1) Where the person summoned is in the active service of the 
Government, the Court issuing the summons shall ordinarily send it in duplicate to the head of the office in 
which such  person  is  employed;  and  such  head shall thereupon  cause  the  summons to  be  served  in the 
manner provided by section 64, and shall return it to the Court under his signature with the endorsement 
required by that section. 

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

35 

 
69. Service of summons outside local limits.—When a Court desires that a summons issued by it shall 
be served at any place outside its local jurisdiction, it shall ordinarily send such summons in duplicate to a 
Magistrate within whose local jurisdiction the person summoned resides, or is, to be there served. 

70. Proof of service in such cases and when serving officer not present.—(1) When a summons 
issued by a Court is served outside its local jurisdiction, and in any case where the officer who has served 
a summons is not present at the hearing of the case, an affidavit, purporting to be made before a Magistrate, 
that such summons has been served, and a duplicate of the summons purporting to be endorsed (in the 
manner provided by section 64 or section 66) by the person to whom it was delivered or tendered or with 
whom it was left, shall be admissible in evidence, and the statements made therein shall be deemed to be 
correct unless and until the contrary is proved. 

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

to the Court. 

(3) All summons served through electronic communication under sections 64 to 71 (both inclusive) 
shall be considered as duly served and a copy of such summons shall be attested and kept as a proof of 
service of summons. 

71.  Service  of  summons  on  witness.—(1)  Notwithstanding  anything  contained  in  the  preceding 
sections of this Chapter, a Court issuing a summons to a witness may, in addition to and simultaneously 
with the issue of such summons, direct a copy of the summons to be served by electronic communication 
or by registered post addressed to the witness at the place where he ordinarily resides or carries on business 
or personally works for gain. 

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

B.—Warrant of arrest 

72. Form of warrant of arrest and duration.—(1) Every warrant of arrest issued by a Court under 
this Sanhita shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the 
Court. 

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

it is executed.  

73. Power to direct security to be taken.—(1) Any Court issuing a warrant for the arrest of any person 
may in its discretion direct by endorsement on the warrant that, if such person executes a bail bond with 
sufficient  sureties  for  his  attendance  before  the  Court  at  a  specified  time  and  thereafter  until  otherwise 
directed by the Court, the officer to whom the warrant is directed shall take such security and shall release 
such person from custody. 

(2) The endorsement shall state— 

(a) the number of sureties; 

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

respectively bound; 

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

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

forward the bond to the Court. 

74. Warrants to whom directed.—(1) A warrant of arrest shall ordinarily be directed to one or more 
police officers; but the Court issuing such a warrant may, if its immediate execution is necessary and no 

36 

 
police officer is immediately available, direct it to any other person or persons, and such person or persons 
shall execute the same. 

(2) When a warrant is directed to more officers or persons than one, it may be executed by all, or by 

any one or more of them. 

75. Warrant may be directed to any person.—(1) The Chief Judicial Magistrate or a Magistrate of 
the first class may direct a warrant to any person within his local jurisdiction for the arrest of any escaped 
convict, proclaimed offender or of any person who is accused of a non-bailable offence and is evading 
arrest. 

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

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

(3) When the person against whom such warrant is issued is arrested, he shall be made over with the 
warrant to the nearest police officer, who shall cause him to be taken before a Magistrate having jurisdiction 
in the case, unless security is taken under section 73. 

76. Warrant directed to police officer.—A warrant directed to any police officer may also be executed 
by any other police officer whose name is endorsed upon the warrant by the officer to whom it is directed 
or endorsed. 

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

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

78. Person arrested to be brought before Court without delay.—The police officer or other person 
executing  a  warrant  of  arrest  shall  (subject  to  the  provisions  of  section  73  as  to  security)  without 
unnecessary delay bring the person arrested before the Court before which he is required by law to produce 
such person: 

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

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

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

80. Warrant forwarded for execution outside jurisdiction.—(1) When a warrant is to be executed 
outside the local jurisdiction of the Court issuing it, such Court may, instead of directing the warrant to a 
police officer within its jurisdiction, forward it by post or otherwise to any Executive Magistrate or District 
Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction it is to be 
executed; and the Executive Magistrate or District Superintendent or Commissioner shall endorse his name 
thereon, and if practicable, cause it to be executed in the manner hereinbefore provided. 

(2)  The  Court  issuing  a  warrant  under  sub-section  (1)  shall  forward,  along  with  thewarrant,  the 
substance of the information against the person to be arrested together with such documents, if any, as may 
be sufficient to enable the Court acting under section 83 to decide whether bail should or should not be 
granted to the person. 

81.  Warrant  directed  to  police  officer  for  execution  outside  jurisdiction.—(1)  When  a  warrant 
directed to a police officer is to be executed beyond the local jurisdiction of the Court issuing the same, he 
shall ordinarily take it for endorsement either to an Executive Magistrate or to a police officer not below 
the rank of an officer in charge of a police station, within the local limits of whose jurisdiction the warrant 
is to be executed. 

(2) Such Magistrate or police officer shall endorse his name thereon and such endorsement shall be 
sufficient authority to the police officer to whom the warrant is directed to execute the same, and the local 
police shall, if so required, assist such officer in executing such warrant. 

37 

 
(3) Whenever there is reason to believe that the delay occasioned by obtaining the endorsement of the 
Magistrate or police officer within whose local jurisdiction the warrant is to be executed will prevent such 
execution, the police officer to whom it is directed may execute the same without such endorsement in any 
place beyond the local jurisdiction of the Court which issued it. 

82. Procedure on  arrest of person against whom warrant issued.—(1) When a warrant of arrest is 
executed outside the district in which it was issued, the person arrested shall, unless the Court which issued 
the warrant is within thirty kilometres of the place of arrest or is nearer than the Executive Magistrate or 
District Superintendent of Police or Commissioner of Police within the local limits of whose jurisdiction 
the arrest was made, or unless security is taken under section 73, be taken before such Magistrate or District 
Superintendent or Commissioner. 

(2) On the arrest of any person referred to in sub-section (1), the police officer shall forthwith give the 
information regarding such arrest and the place where the arrested person is being held to the designated 
police officer in the district and to such officer of another district where the arrested person normally resides. 

83. Procedure by Magistrate before whom such person arrested is brought.—(1) The Executive 
Magistrate  or  District  Superintendent  of  Police  or  Commissioner  of  Police  shall,  if  the  person  arrested 
appears to be the person intended by the Court which issued the warrant, direct his removal in custody to 
such Court: 

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

Provided  further  that  if  the  offence  is  a  non-bailable  one,  it  shall  be  lawful  for  the  Chief  Judicial 
Magistrate (subject to the provisions of section 480), or the Sessions Judge, of the district in which the 
arrest is made on consideration of the information and the documents referred to in sub-section (2) of section 
80, to release such person on bail. 

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

section 73. 

C.—Proclamation and attachment 

84.  Proclamation  for  person  absconding.—(1)  If  any  Court  has  reason  to  believe  (whether  after 
taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is 
concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation 
requiring him to appear at a specified place and at a specified time not less than thirty days from the date 
of publishing such proclamation.  

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

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

person ordinarily resides; 

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

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

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

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

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

(3) A statement in writing by the Court issuing the proclamation to the effect that the proclamation was 
duly published on a specified day, in the manner specified in clause (i) of sub-section (2), shall be conclusive 

38 

 
evidence that  the  requirements  of  this  section have  been  complied  with,  and  that  the  proclamation  was 
published on such day. 

(4) Where a proclamation published under sub-section (1) is in respect of a person accused of an offence 
which is made punishable with imprisonment of ten years or more, or imprisonment for life or with death 
under the Bharatiya Nyaya Sanhita, 2023 or under any other law for the time being in force, and such person 
fails to appear at the specified place and time required by the proclamation, the Court may, after making 
such inquiry as it thinks fit, pronounce him a proclaimed offender and make a declaration to that effect. 

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

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

85.  Attachment  of  property  of  person  absconding.—(1)  The  Court  issuing  a  proclamation  under 
section 84 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order 
the attachment of any property, movable or immovable, or both, belonging to the proclaimed person: 

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

otherwise, that the person in relation to whom the proclamation is to be issued,— 

(a) is about to dispose of the whole or any part of his property; or 

(b) is about to remove the whole or any part of his property from the local jurisdiction of the Court, 

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

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

(3) If the property ordered to be attached is a debt or other movable property, the attachment under this 

section shall be made— 

(a) by seizure; or  

(b) by the appointment of a receiver; or 

(c) by an order in writing prohibiting the delivery of such property to the proclaimed person or to 

any one on his behalf; or 

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

(4) If the property ordered to be attached is immovable, the attachment under this section shall, in the 
case of land paying revenue to the State Government, be made through the Collector of the district in which 
the land is situate, and in all other cases— 

(a) by taking possession; or 

(b) by the appointment of a receiver; or 

(c) by an order in writing prohibiting the payment of rent on delivery of property to the proclaimed 

person or to any one on his behalf; or 

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

(5) If the property ordered to be attached consists of live-stock or is of a perishable nature, the Court 
may, if it thinks it expedient, order immediate sale thereof, and in such case the proceeds of the sale shall 
abide the order of the Court. 

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

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

39 

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

87. Claims and objections to attachment.—(1) If any claim is preferred to, or objection made to the 
attachment of, any property attached under section 85, within six months from the date of such attachment, 
by any person other than the proclaimed person, on the ground that the claimant or objector has an interest 
in such property, and that such interest is not liable to attachment under section 85, the claim or objection 
shall be inquired into, and may be allowed or disallowed in whole or in part: 

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

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

(2) Claims or objections under sub-section (1) may be preferred or made in the Court by which the 
order of attachment is issued, or, if the claim or objection is in respect of property attached under an order 
endorsed under sub-section (2) of section 85, in the Court of the Chief Judicial Magistrate of the district in 
which the attachment is made. 

(3) Every such claim or objection shall be inquired into by the Court in which it is preferred or made: 

Provided that, if it is preferred or made in the Court of a Chief Judicial Magistrate, he may make it over 

for disposal to any Magistrate subordinate to him. 

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

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

88. Release, sale and restoration of attached property.—(1) If the proclaimed person appears within 
the  time  specified  in  the  proclamation,  the  Court  shall  make  an  order  releasing  the  property  from  the 
attachment. 

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

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

89. Appeal from order rejecting application for restoration of attached property.—Any person 
referred  to  in  sub-section  (3)  of  section  88,  who  is  aggrieved  by  any  refusal  to  deliver  property  or  the 
proceeds of the sale thereof may appeal to the Court to which appeals ordinarily lie from the sentences of 
the first-mentioned Court. 

40 

 
 
D.—Other rules regarding processes 

90. Issue of warrant in lieu of, or in addition to, summons.—A Court may, in any case in which it 
is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording 
its reasons in writing, a warrant for his arrest— 

(a) if, either before the issue of such summons, or after the issue of the same but before the time 
fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the 
summons; or 

(b) if at such time he fails to appear and the summons is proved to have been duly served in time 
to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure. 

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

92. Arrest on breach of bond or bail bond for appearance.—When any person who is bound by any 
bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding 
in such Court may issue a warrant directing that such person be arrested and produced before him. 

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

CHAPTER VII 

PROCESSES TO COMPEL THE PRODUCTION OF THINGS 

A.—Summons to produce 

94.  Summons  to  produce  document  or  other  thing.—(1)  Whenever  any  Court  or  any  officer  in 
charge  of  a  police  station  considers  that  the  production  of  any  document,  electronic  communication, 
including communication devices, which is likely to contain digital evidence or other thing is necessary or 
desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Sanhita by or 
before such Court or officer, such Court may issue a summons or such officer may, by a written order, 
either  in  physical  form  or  in  electronic  form,  require  the  person  in  whose  possession  or  power  such 
document or thing is believed to be, to attend and produce it, or to produce it, at the time and place stated 
in the summons or order. 

(2)  Any  person  required  under  this  section  merely  to  produce  a  document,  or  other  thing  shall  be 
deemed to have complied with the requisition if he causes such document or thing to be produced instead 
of attending personally to produce the same. 

(3) Nothing in this section shall be deemed— 

(a) to affect sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 2023 or the Bankers’ Books 

Evidence Act, 1891 (13 of 1891); or 

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

postal authority. 

95. Procedure as to letters.—(1) If any document, parcel or thing in the custody of a postal authority 
is,  in  the  opinion  of  the  District  Magistrate,  Chief  Judicial  Magistrate,  Court  of  Session  or  High  Court 
wanted  for  the  purpose  of  any  investigation,  inquiry,  trial  or  other  proceeding  under  this  Sanhita,  such 
Magistrate or Court may require the postal authority to deliver the document, parcel or thing to such person 
as the Magistrate or Court directs. 

41 

 
(2) If any such document, parcel or thing is, in the opinion of any other Magistrate, whether Executive 
or Judicial, or of any Commissioner of Police or District Superintendent of Police, wanted for any such 
purpose, he may require the postal authority to cause search to be made for and to detain such document, 
parcel  or  thing  pending  the  order  of  a  District  Magistrate,  Chief  Judicial  Magistrate  or  Court  under                              
sub-section (1). 

96. When search-warrant may be issued.—(1) Where— 

B.—Search-warrants 

(a)  any  Court  has  reason  to  believe  that  a  person  to  whom  a  summons  order  under  section  94  or  a 
requisition  under  sub-section  (1)  of  section  95  has  been,  or  might  be,  addressed,  will  not  or  would  not 
produce the document or thing as required by such summons or requisition; or 

(b) such document or thing is not known to the Court to be in the possession of any person; or 

(c) the Court considers that the purposes of any inquiry, trial or other proceeding under this Sanhita will 

be served by a general search or inspection,  

it  may  issue  a  search-warrant;  and  the  person  to  whom  such  warrant  is  directed,  may  search  or  inspect  in 
accordance therewith and the provisions hereinafter contained. 

(2) The Court may, if it thinks fit, specify in the warrant the particular place or part thereof to which only 
the search or inspection shall extend; and the person charged with the execution of such warrant shall then search 
or inspect only the place or part so specified. 

(3) Nothing contained in this section shall authorise any Magistrate other than a District Magistrate or Chief 
Judicial Magistrate to grant a warrant to search for a document, parcel or other thing in the custody of the postal 
authority. 

97.  Search  of  place  suspected  to  contain  stolen  property,  forged  documents,  etc.—(1)  If  a  District 
Magistrate, Sub-divisional Magistrate or Magistrate of the first class, upon information and after such inquiry as 
he thinks necessary, has reason to believe that any place is used for the deposit or sale of stolen property, or for 
the  deposit,  sale  or  production  of  any  objectionable  article  to  which  this  section  applies,  or  that  any  such 
objectionable article is deposited in any place, he may by warrant authorise any police officer above the rank of 
a constable— 

(a) to enter, with such assistance as may be required, such place; 

(b) to search the same in the manner specified in the warrant; 

(c) to take possession of any property or article therein found which he reasonably suspects to be stolen 

property or objectionable article to which this section applies; 

(d) to convey such property or article before a Magistrate, or to guard the same on the spot until the 

offender is taken before a Magistrate, or otherwise to dispose of it in some place of safety; 

(e) to take into custody and carry before a Magistrate every person found in such place who appears to 
have  been  privy  to  the  deposit,  sale  or  production  of  any  such  property  or  article  knowing  or  having 
reasonable cause to suspect it to be  stolen property or, as the case may be, objectionable article to which 
this section applies. 

(2) The objectionable articles to which this section applies are— 

(a) counterfeit coin; 

(b) pieces of metal made in contravention of the Coinage Act, 2011 (11 of 2011), or brought into India 

in  contravention  of  any  notification  for  the  time  being  in  force  issued  under  section  11  of  the  Customs                       
Act, 1962 (52 of 1962); 

(c) counterfeit currency note; counterfeit stamps; 

42 

 
(d) forged documents; 

(e) false seals; 

(f) obscene objects referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023); 

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

clauses (a) to (f). 

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

same.—(1) Where— 

(a) any newspaper, or book; or 

(b) any document, 

 wherever  printed,  appears  to  the  State  Government  to  contain  any  matter  the  publication  of  which  is 
punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of 
the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) , the State Government may, by notification, stating the 
grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every 
copy of such book or other document to be forfeited to Government, and thereupon any police officer may 
seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not 
below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of 
such issue, or any such book or other document may be or may be reasonably suspected to be. 

(2) In this section and in section 99,— 

(a) “newspaper” and “book” have the same meanings as in the Press and Registration of Books 

Act, 1867 (25 of 1867); 

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

(3) No order passed or action taken under this section shall be called in question in any Court otherwise 

than in accordance with the provisions of section 99. 

99. Application to High Court to set aside declaration of forfeiture.—(1) Any person having any 
interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been 
made under section 98, may, within two months from the date of publication in the Official Gazette of such 
declaration,  apply  to  the  High  Court  to  set  aside  such  declaration  on  the  ground  that  the  issue  of  the 
newspaper, or the book or other document, in respect of which the declaration was made, did not contain 
any such matter as is referred to in sub-section (1) of section 98. 

(2) Every such application shall, where the High Court consists of three or more Judges, be heard and 
determined by a Special Bench of the High Court composed of three Judges and where the High Court 
consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High 
Court. 

(3)  On  the  hearing  of  any  such  application  with  reference  to  any  newspaper,  any  copy  of  such 
newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or 
visible representations contained in such newspaper, in respect of which the declaration of forfeiture was 
made. 

(4) The  High  Court  shall, if  it is  not  satisfied  that the  issue  of the  newspaper, or the  book  or  other 
document, in respect of which the application has been made, contained any such matter as is referred to in 
sub-section (1) of section 98, set aside the declaration of forfeiture. 

(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision 

shall be in accordance with the opinion of the majority of those Judges. 

43 

 
100. Search for persons wrongfully confined.—If any District Magistrate, Sub-divisional Magistrate 
or Magistrate of the first class has reason to believe that any person is confined under such circumstances 
that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such 
warrant is directed may search for the person so confined; and such search shall be made in accordance 
therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such 
order as in the circumstances of the case seems proper. 

101.  Power  to  compel  restoration  of  abducted  females.—Upon  complaint  made  on  oath  of  the 
abduction  or  unlawful  detention  of  a  woman,  or  a  female  child  for  any  unlawful  purpose,  a  District 
Magistrate, Sub-divisional Magistrate or Magistrate of the first class may make an order for the immediate 
restoration of such woman to her liberty, or of such female child to her parent, guardian or other person 
having the lawful charge of such child, and may compel compliance with such order, using such force as 
may be necessary. 

C.—General provisions relating to searches 

102. Direction, etc., of search-warrants.—The provisions of sections 32, 72, 74, 76, 79, 80 and 81 

shall,  so  far  as  may  be,  apply  to  all  search-warrants  issued  under  section  96,  section  97,  section  98  or                     
section 100. 

103. Persons in charge of closed place to allow search.—(1) Whenever any place liable to search or 
inspection under this Chapter is closed, any person residing in, or being in charge of, such place, shall, on 
demand of the officer or other person executing the warrant, and on production of the warrant, allow him 
free ingress thereto, and afford all reasonable facilities for a search therein. 

(2) If ingress into such place cannot be so obtained, the officer or other person executing the warrant 

may proceed in the manner provided by sub-section (2) of section 44. 

(3) Where any person in or about such place is reasonably suspected of concealing about his person 
any article for which search should be made, such person may be searched and if such person is a woman, 
the search shall be made by another woman with strict regard to decency. 

(4) Before making a search under this Chapter, the officer or other person about to make it shall call 
upon two or more independent and respectable inhabitants of the locality in which the place to be searched 
is situate or of any other locality if no such inhabitant of the said locality is available or is willing to be a 
witness to the search, to attend and witness the search and may issue an order in writing to them or any of 
them so to do. 

(5) The search shall be made in their presence, and a list of all things seized in the course of such search 
and of the places in which they are respectively found shall be prepared by such officer or other person and 
signed by such witnesses; but no person witnessing a search under this section shall be required to attend 
the Court as a witness of the search unless specially summoned by it. 

(6)  The  occupant  of  the  place  searched,  or  some  person  in  his  behalf,  shall,  in  every  instance,  be 
permitted to attend during the search, and a copy of the list prepared under this section, signed by the said 
witnesses, shall be delivered to such occupant or person. 

(7) When any person is searched under sub-section (3), a list of all things taken possession of shall be 

prepared, and a copy thereof shall be delivered to such person. 

(8) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under 
this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed 
to have committed an offence under section 222 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023). 

104. Disposal of things found in search beyond jurisdiction.—When, in the execution of a search-
warrant at any place beyond the local jurisdiction of the Court which issued the same, any of the things for 
which  search  is  made,  are  found,  such  things,  together  with  the  list  of  the  same  prepared  under  the 

44 

 
provisions hereinafter contained, shall be immediately taken before the Court issuing the warrant, unless 
such place is nearer to the Magistrate having jurisdiction therein than to such Court, in which case the list 
and  things  shall  be  immediately  taken  before  such  Magistrate;  and,  unless  there  be  good  cause  to  the 
contrary, such Magistrate shall make an order authorising them to be taken to such Court. 

D.—Miscellaneous 

105.  Recording  of  search  and  seizure  through  audio-video  electronic  means.—The  process  of 
conducting search of a place or taking possession of any property, article or thing under this Chapter or 
under section 185, including preparation of the list of all things seized in the course of such search and 
seizure and signing of such list by witnesses, shall be recorded through any audio-video electronic means 
preferably mobile phone and the police officer shall without delay forward such recording to the District 
Magistrate, Sub-divisional Magistrate or Judicial Magistrate of the first class. 

106. Power of police officer to seize certain property.—(1) Any police officer may seize any property 
which may be alleged or suspected to have been stolen, or which may be found under circumstances which 
create suspicion of the commission of any offence. 

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

the seizure to that officer. 

(3) Every police officer acting under sub-section (1) shall forthwith report the seizure to the Magistrate 
having jurisdiction and where the property seized is such that it cannot be conveniently transported to the 
Court, or where there is difficulty in securing proper accommodation for the custody of such property, or 
where the continued retention of the property in police custody may not be considered necessary for the 
purpose of investigation, he may give custody thereof to any person on his executing a bond undertaking 
to produce the property before the Court as and when required and to give effect to the further orders of the 
Court as to the disposal of the same: 

Provided that where the property seized under sub-section (1) is subject to speedy and natural decay 
and if the person entitled to the possession of such property is unknown or absent and the value of such 
property  is  less  than  five  hundred  rupees,  it  may  forthwith  be  sold  by  auction  under  the  orders  of  the 
Superintendent of Police and the provisions of sections 503 and 504 shall, as nearly as may be practicable, 
apply to the net proceeds of such sale. 

107.  Attachment,  forfeiture  or  restoration  of  property.—(1)  Where  a  police  officer  making  an 
investigation has reason to believe that any property is derived or obtained, directly or indirectly, as a result 
of  a  criminal  activity  or  from  the  commission  of  any  offence,  he  may,  with  the  approval  of  the 
Superintendent of Police or Commissioner of Police, make an application to the Court or the Magistrate 
exercising  jurisdiction  to  take  cognizance  of  the  offence  or  commit  for  trial  or  try  the  case,  for  the 
attachment of such property.  

(2) If the Court or the Magistrate has reasons to believe, whether before or after taking evidence, that 
all or any of such properties are proceeds of crime, the Court or the Magistrate may issue a notice upon 
such  person  calling  upon  him  to  show  cause  within  a  period  of  fourteen  days  as  to  why  an  order  of 
attachment shall not be made. 

(3) Where the notice issued to any person under sub-section (2) specifies any property as being held by 
any other person on behalf of such person, a copy of the notice shall also be served upon such other person. 

(4) The Court or the Magistrate may, after considering the explanation, if any, to the show-cause notice 
issued under sub-section (2) and the material fact available before such Court or Magistrate and after giving 
a reasonable opportunity of being heard to such person or persons, may pass an order of attachment, in 
respect of those properties which are found to be the proceeds of crime: 

45 

 
Provided that if such person does not appear before the Court or the Magistrate or represent his case 
before the Court or Magistrate within a period of fourteen days specified in the show-cause notice, the 
Court or the Magistrate may proceed to pass the ex parte order. 

(5)  Notwithstanding  anything  contained  in  sub-section  (2),  if  the  Court  or  the  Magistrate  is  of  the 
opinion that issuance of notice under the said sub-section would defeat the object of attachment or seizure, 
the  Court  or  Magistrate  may  by  an  interim  order  passed  ex  parte  direct  attachment  or  seizure  of  such 
property, and such order shall remain in force till an order under sub-section (6) is passed. 

(6) If the Court or the Magistrate finds the attached or seized properties to be the proceeds of crime, the 
Court or the Magistrate shall by order direct the District Magistrate to rateably distribute such proceeds of 
crime to the persons who are affected by such crime. 

(7) On receipt of an order passed under sub-section (6), the District Magistrate shall, within a period of 
sixty days distribute the proceeds of crime either by himself or authorise any officer subordinate to him to 
effect such distribution. 

(8) If there are no claimants to receive such proceeds or no claimant is ascertainable or there is any 

surplus after satisfying the claimants, such proceeds of crime shall stand forfeited to the Government. 

108. Magistrate may direct search in his presence.—Any Magistrate may direct a search to be made 

in his presence of any place for the search of which he is competent to issue a search-warrant. 

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

document or thing produced before it under this Sanhita. 

110. Reciprocal arrangements regarding processes.—(1) Where a Court in the territories to which 

this Sanhita extends (hereafter in this section referred to as the said territories) desires that— 

(a) a summons to an accused person; or 

(b) a warrant for the arrest of an accused person; or 

(c) a summons to any person requiring him to attend and produce a document or other thing, or to 

produce it; or 

(d) a search-warrant,  

issued by it shall be served or executed at any place,— 

(i) within the local jurisdiction of a Court in any State or area in India outside the said territories, it 
may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that 
Court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been 
so served, the provisions of section 70 shall apply in relation to such summons as if the presiding officer 
of the Court to whom it is sent were a Magistrate in the said territories; 

(ii) in any country or place outside India in respect of which arrangements have been made by the 
Central Government with the Government of such country or place for service or execution of summons 
or warrant in relation to criminal matters (hereafter in this section referred to as the contracting State), 
it  may  send  such  summons  or  warrant  in  duplicate  in  such  form,  directed  to  such  Court,  Judge  or 
Magistrate,  and  send  to  such  authority  for  transmission,  as  the  Central  Government  may,  by 
notification, specify in this behalf. 

(2) Where a Court in the said territories has received for service or execution— 

(a) a summons to an accused person; or 

(b) a warrant for the arrest of an accused person; or 

46 

 
(c) a summons to any person requiring him to attend and produce a document or other thing, or to 

produce it; or 

(d) a search-warrant, 

 issued by— 

(I) a Court in any State or area in India outside the said territories; 

(II) a Court, Judge or Magistrate in a contracting State,  

it shall cause the same to be served or executed as if it were a summons or warrant received by it from 
another Court in the said territories for service or execution within its local jurisdiction; and where— 

(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with 

in accordance with the procedure specified by sections 82 and 83; 

(ii) a search-warrant has been executed, the things found in the search shall, so far as possible, be 

dealt with in accordance with the procedure specified by section 104: 

Provided that in a case where a summons or search-warrant received from a contracting State has been 
executed, the documents or things produced or things found in the search shall be forwarded to the Court 
issuing  the  summons  or  search-warrant  through  such  authority  as  the  Central  Government  may,  by 
notification, specify in this behalf. 

CHAPTER VIII 

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

111. Definitions.—In this Chapter, unless the context otherwise requires,— 

(a) “contracting State” means any country or place outside India in respect of which arrangements 
have been made by the Central Government with the Government of such country through a treaty or 
otherwise; 

(b) “identifying” includes establishment of a proof that the property was derived from, or used in, 

the commission of an offence; 

(c) “proceeds of crime” means any property derived or obtained directly or indirectly, by any person 
as a result of criminal activity (including crime involving currency transfers) or the value of any such 
property; 

(d) “property” means property and assets of every description whether corporeal or incorporeal, 
movable or immovable, tangible or intangible and deeds and instruments evidencing title to, or interest 
in,  such  property  or  assets  derived  or  used  in  the  commission  of  an  offence  and  includes  property 
obtained through proceeds of crime; 

(e) “tracing” means determining the nature, source, disposition, movement, title or ownership of 

property. 

112.  Letter  of  request  to  competent  authority  for  investigation  in  a  country  or  place  outside 
India.—(1) If, in the course of an investigation into an offence, an application is made by the investigating 
officer or any officer superior in rank to the investigating officer that evidence may be available in a country 
or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that 
country  or  place  competent  to  deal  with  such  request  to  examine  orally  any  person  supposed  to  be 
acquainted with the facts and circumstances of the case and to record his statement made in the course of 
such examination and also to require such person or any other person to produce any document or thing 
which may be in his possession pertaining to the case and to forward all the evidence so taken or collected 
or the authenticated copies thereof or the thing so collected to the Court issuing such letter. 

47 

 
(2) The letter of request shall be transmitted in such manner as the Central Government may specify in 

this behalf. 

(3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to 

be the evidence collected during the course of investigation under this Sanhita. 

113.  Letter  of  request  from  a  country  or  place  outside  India  to  a  Court  or  an  authority  for 
investigation in India.—(1) Upon receipt of a letter of request from a Court or an authority in a country or 
place outside India competent to issue such letter in that country or place for the examination of any person 
or production of any document or thing in relation to an offence under investigation in that country or place, 
the Central Government may, if it thinks fit— 

(i) forward the same to the Chief Judicial Magistrate or Judicial Magistrate as he may appoint in 
this behalf, who shall thereupon summon the person before him and record his statement or cause the 
document or thing to be produced; or 

(ii) send the letter to any police officer for investigation, who shall thereupon investigate into the 

offence in the same manner, 

as if the offence had been committed within India. 

(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the 
thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central 
Government for transmission to the Court or the authority issuing the letter of request, in such manner as 
the Central Government may deem fit. 

114. Assistance in securing transfer of persons.—(1) Where a Court in India, in relation to a criminal 
matter, desires that a warrant for arrest of any person to attend or produce a document or other thing issued 
by it shall be executed in any place in a contracting State, it shall send such warrant in duplicate in such 
form  to  such  Court,  Judge  or  Magistrate  through  such  authority,  as  the  Central  Government  may,  by 
notification, specify in this behalf and that Court, Judge or Magistrate, as the case may be, shall cause the 
same to be executed. 

(2) If , in the course of an investigation or any inquiry into an offence, an application is made by the 
investigating  officer  or  any  officer  superior  in  rank  to  the  investigating  officer  that  the  attendance  of  a 
person who is in any place in a contracting State is required in connection with such investigation or inquiry 
and  the  Court  is  satisfied  that  such  attendance  is  so  required,  it  shall  issue  a  summons  or  warrant,  in 
duplicate,  against  the  said  person  to  such  Court,  Judge  or  Magistrate,  in  such  form  as  the  Central 
Government may, by notification, specify in this behalf, to cause the same to be served or executed. 

(3) Where a Court in India, in relation to a criminal matter, has received a warrant for arrest of any 
person requiring him to attend or attend and produce a document or other thing in that Court or before any 
other investigating agency, issued by a Court, Judge or Magistrate in a contracting State, the same shall be 
executed as if it is the warrant received by it from another Court in India for execution within its local 
limits. 

(4) Where a person transferred to a contracting State pursuant to sub-section (3) is a prisoner in India, 
the Court in India or the Central Government may impose such conditions as that Court or Government 
deems fit. 

(5) Where the person transferred to India pursuant to sub-section (1) or sub-section (2) is a prisoner in 
a  contracting  State,  the  Court  in  India  shall  ensure  that  the  conditions  subject  to  which  the  prisoner  is 
transferred  to  India  are  complied  with  and  such  prisoner  shall  be  kept  in  such  custody  subject  to  such 
conditions as the Central Government may direct in writing. 

48 

 
 
115. Assistance in relation to orders of attachment or forfeiture of property.—(1) Where a Court 
in India has reasonable grounds to believe that any property obtained by any person is derived or obtained, 
directly  or  indirectly,  by  such  person  from  the  commission  of  an  offence,  it  may  make  an  order  of 
attachment or forfeiture of such property, as it may deem fit under the provisions of sections 116 to 122 
(both inclusive). 

(2)  Where  the  Court  has  made  an  order  for  attachment  or  forfeiture  of  any  property  under                                   

sub-section (1), and such property is suspected to be in a contracting State, the Court may issue a letter of 
request to a Court or an authority in the contracting State for execution of such order. 

(3) Where a letter of request is received by the Central Government from a Court or an authority in a 
contracting State requesting attachment or forfeiture of the property in India, derived or obtained, directly 
or indirectly, by any person from the commission of an offence committed in that contracting State, the 
Central  Government  may  forward  such  letter  of  request  to  the  Court,  as  it  thinks  fit,  for  execution  in 
accordance with the provisions of sections 116 to 122 (both inclusive) or, as the case may be, any other law 
for the time being in force. 

116. Identifying unlawfully acquired property.—(1) The Court shall, under sub-section (1), or on 
receipt of a letter of request under sub-section (3) of section 115, direct any police officer not below the 
rank of Sub-Inspector of Police to take all steps necessary for tracing and identifying such property. 

(2) The steps referred to in sub-section (1) may include any inquiry, investigation or survey in respect 
of  any  person,  place,  property,  assets,  documents,  books  of  account  in  any  bank  or  public  financial 
institutions or any other relevant matters. 

(3) Any inquiry, investigation or survey referred to in sub-section (2) shall be carried out by an officer 

mentioned in sub-section (1) in accordance with such directions issued by the said Court in this behalf. 

117.  Seizure  or  attachment  of  property.—(1)  Where  any  officer  conducting  an  inquiry  or 
investigation under section 116 has a reason to believe that any property in relation to which such inquiry 
or investigation is being conducted is likely to be concealed, transferred or dealt with in any manner which 
will result in disposal of such property, he may make an order for seizing such property and where it is not 
practicable to seize such property, he may make an order of attachment directing that such property shall 
not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, 
and a copy of such order shall be served on the person concerned. 

(2) Any order made under sub-section (1) shall have no effect unless the said order is confirmed by an 

order of the said Court, within a period of thirty days of its being made. 

118. Management of properties seized or forfeited under this Chapter.—(1) The Court may appoint 
the District Magistrate of the area where the property is situated, or any other officer that may be nominated 
by the District Magistrate, to perform the functions of an Administrator of such property. 

(2) The Administrator appointed under sub-section (1) shall receive and manage the property in relation 
to which the order has been made under sub-section (1) of section 117 or under section 120 in such manner 
and subject to such conditions as may be specified by the Central Government. 

(3) The Administrator shall also take such measures, as the Central Government may direct, to dispose 

of the property which is forfeited to the Central Government. 

119. Notice of forfeiture of property.—(1) If as a result of the inquiry, investigation or survey under 
section 116, the Court has reason to believe that all or any of such properties are proceeds of crime, it may 
serve a notice upon such person (hereinafter referred to as the person affected) calling upon him within a 
period of thirty days specified in the notice to indicate the source of income, earnings or assets, out of which 
or by means of which he has acquired such property, the evidence on which he relies and other relevant 
information and particulars, and to show cause why all or any of such properties, as the case may be, should 
not be declared to be proceeds of crime and forfeited to the Central Government. 

49 

 
(2) Where a notice under sub-section (1) to any person specifies any property as being held on behalf 

of such person by any other person, a copy of the notice shall also be served upon such other person. 

120. Forfeiture of property in certain cases.—(1) The Court may, after considering the explanation, 
if any, to the show-cause notice issued under section 119 and the material available before it and after giving 
to the person affected (and in a case where the person affected holds any property specified in the notice 
through any other person, to such other person also) a reasonable opportunity of being heard, by order, 
record a finding whether all or any of the properties in question are proceeds of crime: 

Provided that if the person affected (and in a case where the person affected holds any property specified 
in the notice through any other person such other person also) does not appear before the Court or represent 
his case before it within a period of thirty days specified in the show-cause notice, the Court may proceed 
to record a finding under this sub-section ex parte on the basis of evidence available before it. 

(2) Where the Court is satisfied that some of the properties referred to in the show-cause notice are 
proceeds of crime but it is not possible to identify specifically such properties, then, it shall be lawful for 
the Court to specify the properties which, to the best of its judgment, are proceeds of crime and record a 
finding accordingly under sub-section (1). 

(3) Where the Court records a finding under this section to the effect that any property is proceeds of 

crime, such property shall stand forfeited to the Central Government free from all encumbrances. 

(4) Where any shares in a company stand forfeited to the Central Government under this section, then, 
the company shall, notwithstanding anything contained in the Companies Act, 2013 (18 of 2013) or the 
Articles of Association of the company, forthwith register the Central Government as the transferee of such 
shares. 

121. Fine in lieu of forfeiture.—(1) Where the Court makes a declaration that any property stands 
forfeited to the Central Government under section 120 and it is a case where the source of only a part of 
such property has not been proved to the satisfaction of the Court, it shall make an order giving an option 
to the person affected to pay, in lieu of forfeiture, a fine equal to the market value of such part. 

(2) Before making an order imposing a fine under sub-section (1), the person affected shall be given a 

reasonable opportunity of being heard. 

(3) Where the person affected pays the fine due under sub-section (1), within such time as may be 
allowed in that behalf, the Court may, by order, revoke the declaration of forfeiture under section 120 and 
thereupon such property shall stand released. 

122.  Certain  transfers  to  be  null  and  void.—Where  after  the  making  of  an  order  under                                         

sub-section (1) of section 117 or the issue of a notice under section 119, any property referred to in the said 
order  or  notice  is  transferred  by  any  mode  whatsoever  such  transfers  shall,  for  the  purposes  of  the 
proceedings under this Chapter, be ignored and if such property is subsequently forfeited to the Central 
Government under section 120, then, the transfer of such property shall be deemed to be null and void. 

123. Procedure in respect of letter of request.—Every letter of request, summons or warrant, received 
by the Central Government from, and every letter of request, summons or warrant, to be transmitted to a 
contracting State under this Chapter shall be transmitted to a contracting State or, as the case may be, sent 
to  the  concerned  Court  in  India  in  such  form  and  in  such  manner  as  the  Central  Government  may,  by 
notification, specify in this behalf. 

124.  Application  of  this  Chapter.—The  Central  Government  may,  by  notification  in  the  Official 
Gazette, direct that the application of this Chapter in relation to a contracting State with which reciprocal 
arrangements  have  been  made,  shall  be  subject  to  such  conditions,  exceptions  or  qualifications  as  are 
specified in the said notification. 

50 

 
 
CHAPTER IX 

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR 

125. Security for keeping peace on conviction.—(1) When a Court of Session or Court of a Magistrate 
of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such 
offence and is of opinion that it is necessary to take security from such person for keeping the peace, the 
Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for 
keeping the peace for such period, not exceeding three years, as it thinks fit. 

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

(a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), 
other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 
thereof; 

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

mischief; 

(c) any offence of criminal intimidation; 

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

peace. 

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

void. 

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

its powers of revision. 

126.  Security  for  keeping  peace  in  other  cases.—(1)  When  an  Executive  Magistrate  receives 
information that any person is likely to commit a breach of the peace or disturb the public tranquillity or to 
do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and 
is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, 
require such person to show cause why he should not be ordered to execute a bond or bail bond for keeping 
the peace for such period, not exceeding one year, as the Magistrate thinks fit. 

(2) Proceedings under this section may be taken before any Executive Magistrate when either the place 
where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within 
such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquillity or 
to do any wrongful act as aforesaid beyond such jurisdiction. 

127.  Security  for  good  behaviour  from  persons  disseminating  certain  matters.—(1)  When  an 
Executive Magistrate receives information that there is within his local jurisdiction any person who, within 
or without such jurisdiction,— 

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

disseminate or abets the dissemination of,— 

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

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

(b) any matter concerning a Judge acting or purporting to act in the discharge of his official 
duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 
2023; 

(ii)  makes,  produces,  publishes  or  keeps  for  sale,  imports,  exports,  conveys,  sells,  lets  to  hire, 
distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is 
referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, 

51 

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

(2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher 
of any publication registered under, and edited, printed and published in conformity with, the rules laid 
down in the Press and Registration of Books Act, 1867 (25 of 1867) with reference to any matter contained 
in such publication except by the order or under the authority of the State Government or some officer 
empowered by the State Government in this behalf. 

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

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

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

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

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

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

or 

(d)  habitually  commits,  or  attempts  to  commit,  or  abets  the  commission  of,  the  offence  of 
kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of 
the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of 
that Sanhita; or 

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

breach of the peace; or 

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

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

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

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

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

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

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

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

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

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

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

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

community, 

52 

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

130. Order to be made.—When a Magistrate acting under section 126, section 127, section 128 or 
section 129, deems it necessary to require any person to show cause under such section, he shall make an 
order  in  writing,  setting  forth  the  substance  of  the  information  received,  the  amount  of  the  bond  to  be 
executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency 
and fitness of sureties. 

131. Procedure in respect of person present in Court.—If the person in respect of whom such order 
is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be 
explained to him. 

132. Summons or warrant in case of person not so present.—If such person is not present in Court, 
the Magistrate shall issue a summons requiring him to appear, or, when such person is in custody, a warrant 
directing the officer in whose custody he is to bring him before the Court: 

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

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

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

135.  Inquiry  as  to truth of  information.—(1)  When  an  order under  section  130  has  been read  or 
explained under section 131 to a person present in Court, or when any person appears or is brought before 
a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the 
Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and 
to take such further evidence as may appear necessary. 

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

for conducting trial and recording evidence in summons-cases. 

(3)  After  the  commencement,  and  before  the  completion,  of  the  inquiry  under  sub-section  (1),  the 
Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the 
peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, 
may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 
has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until 
the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in 
default of execution, until the inquiry is concluded: 

Provided that— 

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

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

53 

 
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties 
or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those 
specified in the order under section 130. 

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

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

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

(6) The inquiry under this section shall be completed within a period of six months from the date of its 
commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the 
expiry  of  the  said  period,  stand  terminated  unless,  for  special  reasons  to  be  recorded  in  writing,  the 
Magistrate otherwise directs: 

Provided that where any person has been kept in detention pending such inquiry, the proceeding against 
that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such 
detention. 

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the 
Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is 
satisfied that it was not based on any special reason or was perverse. 

136. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the 
peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is 
made should execute a bond or bail bond, the Magistrate shall make an order accordingly: 

Provided that— 

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

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

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

the case and shall not be excessive; 

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

only by his sureties. 

137. Discharge of person informed against.—If, on an inquiry under section 135, it is not proved that 
it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in 
respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the 
record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, 
or, if such person is not in custody, shall discharge him. 

138.  Commencement  of  period  for  which  security  is  required.—(1)  If  any  person,  in  respect  of 
whom an order requiring security is made under section 125 or section 136, is at the time such order is 
made,  sentenced  to,  or  undergoing  a  sentence  of,  imprisonment,  the  period  for  which  such  security  is 
required shall commence on the expiration of such sentence. 

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

sufficient reason, fixes a later date. 

139. Contents of bond.—The bond or bail bond to be executed by any such person shall bind him to 
keep the peace or to be of good behaviour, as the case may be, and in the latter case the commission or 
attempt  to commit,  or the abetment  of,  any  offence punishable  with imprisonment,  wherever it  may  be 
committed, is a breach of the bond or bail bond. 

54 

 
140. Power to reject sureties.— (1) A Magistrate may refuse to accept any surety offered, or may 
reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such 
surety is an unfit person for the purposes of the bail bond: 

Provided that before so refusing to accept or rejecting any such surety, he shall either himself hold an 
inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon 
by a Magistrate subordinate to him. 

(2) Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the 
person  by  whom  the  surety  was  offered  and  shall,  in  making  the  inquiry,  record  the  substance  of  the 
evidence adduced before him. 

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

Provided  that  before  making  an  order  rejecting  any  surety  who  has  previously  been  accepted,  the 
Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety 
is bound to appear or to be brought before him. 

141.  Imprisonment  in  default  of  security.—(1)  (a)  If  any  person  ordered  to  give  security  under 
section 125 or section 136 does not give such security on or before the date on which the period for which 
such  security  is  to  be  given  commences,  he  shall,  except  in  the  case  next  hereinafter  mentioned,  be 
committed to prison, or, if he is already in prison, be detained in prison until such period expires or until 
within such period he gives the security to the Court or Magistrate who made the order requiring it; 

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

(2) When such person has been ordered by a Magistrate to give security for a period exceeding one 
year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing 
him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as 
soon as conveniently may be, before such Court. 

(3)  Such  Court,  after  examining  such  proceedings  and  requiring  from  the  Magistrate  any  further 
information  or  evidence  which  it  thinks  necessary,  and  after  giving  the  concerned  person  a  reasonable 
opportunity of being heard, may pass such order on the case as it thinks fit: 

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

not exceed three years. 

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

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

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

55 

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

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

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

(8) Imprisonment for failure to give security for good behaviour shall, where the proceedings have been 
taken  under  section  127,  be  simple,  and,  where  the  proceedings  have  been  taken  under  section  128  or           
section 129, be rigorous or simple as the Court or Magistrate in each case directs. 

142. Power to release persons imprisoned for failing to give security.— (1) Whenever the District 
Magistrate in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial 
Magistrate in any other case is of opinion that any person imprisoned for failing to give security under this 
Chapter may be released without hazard to the community or to any other person, he may order such person 
to be discharged. 

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High 
Court or Court of Session, or, where the order was made by any other Court, District Magistrate, in the case 
of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate in any 
other case, may make an order reducing the amount of the security or the number of sureties or the time for 
which security has been required. 

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

upon any conditions which such person accepts: 

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

was ordered to give security has expired. 

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

may be made. 

(5) If any condition upon which any person has been discharged is, in the opinion of District Magistrate, 
in the case of an order passed by an Executive Magistrate under section 136, or the Chief Judicial Magistrate 
in any other case by whom the order of discharge was made or of his successor, not fulfilled, he may cancel 
the same. 

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may 
be  arrested  by  any  police  officer  without  warrant,  and  shall  thereupon  be  produced  before  the  District 
Magistrate,  in  the  case  of  an  order  passed  by  an  Executive  Magistrate  under  section  136,  or  the  Chief 
Judicial Magistrate in any other case. 

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

(8) A person remanded to prison under sub-section (7) shall, subject to the provisionsof section 141, be 
released at any time on giving security in accordance with the terms of the original order for the unexpired 
portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor. 

(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, 
cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order 
made by it, and District Magistrate, in the case of an order  passed by an Executive Magistrate under section 
136, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was 
executed under his order or under the order of any other Court in his district. 

56 

 
(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a 
bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on 
such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the 
person for whom such surety is bound to appear or to be brought before it. 

143. Security for unexpired period of bond.—(1) When a person for whose appearance a summons 
or warrant has been issued under the proviso to sub-section (3) of section 140 or under sub-section (10) of 
section 142, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the 
bond or bail bond executed by such person and shall order such person to give, for the unexpired portion 
of the term of such bond, fresh security of the same description as the original security.  

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

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

CHAPTER X 

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS 

144. Order for maintenance of wives, children and parents.—(1) If any person having sufficient 

means neglects or refuses to maintain— 

(a) his wife, unable to maintain herself; or 

(b) his legitimate or illegitimate child, whether married or not, unable to maintain itself; or 

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, 
where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself; 
or 

(d) his father or mother, unable to maintain himself or herself,  

a  Magistrate of  the first  class  may,  upon  proof of  such  neglect  or refusal,  order  such  person to  make  a 
monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as 
such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time 
direct: 

Provided that the Magistrate may order the father of a female child referred to in clause (b) to make 
such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such female 
child, if married, is not possessed of sufficient means: 

Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly 
allowance for the maintenance under this sub-section, order such person to make a monthly allowance for 
the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding 
which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from 
time to time direct: 

Provided also that an application for the monthly allowance for the interim maintenance and expenses 
of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the 
date of the service of notice of the application to such person. 

Explanation.—For the purposes of this Chapter, “wife” includes a woman who has been divorced by, 

or has obtained a divorce from, her husband and has not remarried.  

(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall 
be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or 
interim maintenance and expenses of proceeding, as the case may be. 

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate 
may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for 

57 

 
levying fines, and may sentence such person, for the whole or any part of each month's allowance for the 
maintenance or the interim maintenance and expenses of proceeding, as the case may be, remaining unpaid 
after the execution of the warrant, to imprisonment for a term which may extend to one month or until 
payment if sooner made: 

Provided that no warrant shall be issued for the recovery of any amount due under this section unless 
application be made to the Court to levy such amount within a period of one year from the date on which it 
became due: 

Provided further that if such person offers to maintain his wife on condition of her living with him, and 
she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may 
make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for 
so doing. 

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall 

be considered to be just ground for his wife's refusal to live with him. 

(4) No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance 
and expenses of proceeding, from her husband under this section if she is living in adultery, or if, without 
any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent. 

(5)  On  proof  that  any  wife  in  whose  favour  an  order  has  been  made  under  this  section  is living  in 
adultery,  or  that  without  sufficient  reason  she  refuses  to  live  with  her  husband,  or  that  they  are  living 
separately by mutual consent, the Magistrate shall cancel the order. 

145. Procedure.— (1) Proceedings under section 144 may be taken against any person in any district— 

(a) where he is; or 

(b) where he or his wife resides; or 

(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate                    

child; or 

(d) where his father or mother resides. 

(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order 
for payment of maintenance is proposed to be made, or, when his personal attendance is dispensed with, in 
the presence of his advocate, and shall be recorded in the manner prescribed for summons-cases: 

Provided  that  if  the  Magistrate  is  satisfied  that  the  person  against  whom  an  order  for  payment  of 
maintenance is proposed to be made is wilfully avoiding service, or willfully neglecting to attend the Court, 
the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside 
for good cause shown on an application made within three months from the date thereof subject to such 
terms including terms as to payment of costs to the opposite party as the Magistrate may think just and 
proper. 

(3) The Court in dealing with applications under section 144 shall have power to make such order as to 

costs as may be just. 

146. Alteration in allowance.—(1) On proof of a change in the circumstances of any person, receiving, 
under section 144 a monthly allowance for the maintenance or interim maintenance, or ordered under the 
same section to pay a monthly allowance for the maintenance, or interim maintenance, to his wife, child, 
father  or  mother,  as  the  case  may  be,  the  Magistrate  may  make  such  alteration,  as  he  thinks  fit,  in  the 
allowance for the maintenance or the interim maintenance, as the case may be. 

(2) Where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, 
any order made under section 144 should be cancelled or varied, he shall cancel the order or, as the case 
may be, vary the same accordingly. 

58 

 
(3) Where any order has been made under section 144 in favour of a woman who has been divorced 

by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied that— 

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date of 

her remarriage; 

(b) the woman has been divorced by her husband and that she has received, whether before or after 
the date of the said order, the whole of the sum which, under any customary or personal law applicable 
to the parties, was payable on such divorce, cancel such order,— 

(i) in the case where such sum was paid before such order, from the date on which such order 

was made; 

(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has 

been actually paid by the husband to the woman; 

(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered 
her rights to maintenance or interim maintenance, as the case may be, after her divorce, cancel the order 
from the date thereof. 

(4) At the time of making any decree for the recovery of any maintenance or dowry by any person, to 
whom a monthly allowance for the maintenance and interim maintenance or any of them has been ordered 
to be paid under section 144, the Civil Court shall take into account the sum which has been paid to, or 
recovered by, such person as monthly allowance for the maintenance and interim maintenance or any of 
them, as the case may be, in pursuance of the said order. 

147.  Enforcement  of  order  of  maintenance.—A  copy  of  the  order  of  maintenance  or  interim 
maintenance and expenses of proceedings, as the case may be, shall be given without payment to the person 
in  whose  favour  it  is  made,  or  to  his  guardian,  if  any,  or  to  the  person  to  whom  the  allowance  for  the 
maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be, 
is to be paid; and such order may be enforced by any Magistrate in any place where the person against 
whom  it  is  made  may  be,  on  such  Magistrate  being  satisfied  as  to  the  identity  of  the  parties  and  the                              
non-payment of the allowance, or as the case may be, expenses, due. 

CHAPTER XI 

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY 

A.—Unlawful assemblies 

148. Dispersal of assembly by use of civil force.—(1) Any Executive Magistrate or officer in charge 
of a police station or, in the absence of such officer in charge, any police officer, not below the rank of a 
sub-inspector, may command any unlawful assembly, or any assembly of five or more persons likely to 
cause a disturbance of the public peace, to disperse; and it shall thereupon be the duty of the members of 
such assembly to disperse accordingly. 

(2)  If,  upon  being  so  commanded,  any  such  assembly  does  not  disperse,  or  if,  without  being  so 
commanded, it conducts itself in such a manner as to show a determination not to disperse, any Executive 
Magistrate or police officer referred to in sub-section (1), may proceed to disperse such assembly by force, 
and may require the assistance of any person, not being an officer or member of the armed forces and acting 
as such, for the purpose of dispersing such assembly, and, if necessary, arresting and confining the persons 
who form part of it, in order to disperse such assembly or that they may be punished according to law. 

149. Use of armed forces to disperse assembly.—(1) If any assembly referred to in sub-section (1) of 
section  148  cannot  otherwise  be  dispersed,  and  it  is  necessary  for  the  public  security  that  it  should  be 
dispersed, the District Magistrate or any other Executive Magistrate authorised by him, who is present, may 
cause it to be dispersed by the armed forces. 

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(2) Such Magistrate may require any officer in command of any group of persons belonging to the 
armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest 
and confine such persons forming part of it as the Executive Magistrate may direct, or as it may be necessary 
to arrest and confine in order to disperse the assembly or to have them punished according to law. 

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, 
but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent 
with dispersing the assembly and arresting and detaining such persons. 

150.  Power  of  certain  armed  force  officers  to  disperse  assembly.—When  the  public  security  is 
manifestly endangered by any such assembly and no Executive Magistrate can be communicated with, any 
commissioned or gazetted officer of the armed forces may disperse such assembly with the help of the 
armed forces under his command, and may arrest and confine any persons forming part of it, in order to 
disperse such assembly or that they may be punished according to law; but if, while he is acting under this 
section, it becomes practicable for him to communicate with an Executive Magistrate, he shall do so, and 
shall thenceforward obey the instructions of the Magistrate, as to whether he shall or shall not continue such 
action. 

151.  Protection  against  prosecution  for  acts  done  under  sections  148,  149  and  150.—(1)  No 

prosecution  against  any  person  for  any  act  purporting  to  be  done  under  section  148,  section  149  or                      
section 150 shall be instituted in any Criminal Court except— 

(a) with the sanction of the Central Government where such person is an officer or member of the 

armed forces; 

(b) with the sanction of the State Government in any other case. 

(2) (a) No Executive Magistrate or police officer acting under any of the said sections in good faith; 

(b)  no  person  doing  any  act  in  good  faith  in  compliance  with  a  requisition  under  section  148  or                  

section 149; 

(c) no officer of the armed forces acting under section 150 in good faith; 

(d) no member of the armed forces doing any act in obedience to any order which he was bound to 

obey,  

shall be deemed to have thereby committed an offence. 

(3) In this section and in the preceding sections of this Chapter,— 

(a) the expression “armed forces” means the army, naval and air forces, operating as land forces 

and includes any other armed forces of the Union so operating; 

(b) “officer”, in relation to the armed forces, means a person commissioned, gazetted or in pay as 
an officer of the armed forces and includes a junior commissioned officer, a warrant officer, a petty 
officer, a non-commissioned officer and a non-gazetted officer; 

(c) “member”, in relation to the armed forces, means a person in the armed forces other than an 

officer. 

B.—Public nuisances 

152.  Conditional  order  for  removal  of  nuisance.—(1)  Whenever  a  District  Magistrate  or  a                        

Sub-divisional Magistrate or  any  other  Executive  Magistrate specially  empowered  in this  behalf  by  the 
State  Government,  on  receiving  the  report  of  a  police  officer  or  other  information  and  on  taking  such 
evidence (if any) as he thinks fit, considers— 

(a) that any unlawful obstruction or nuisance should be removed from any public place or from any 

way, river or channel which is or may be lawfully used by the public; or 

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(b) that the conduct of any trade or occupation, or the keeping of any goods or merchandise, is 
injurious to the health or physical comfort of the community, and that in consequence such trade or 
occupation should be prohibited or regulated or such goods or merchandise should be removed or the 
keeping thereof regulated; or 

(c) that the construction of any building, or, the disposal of any substance, as is likely to occasion 

conflagration or explosion, should be prevented or stopped; or  

(d) that any building, tent or structure, or any tree is in such a condition that it is likely to fall and 
thereby cause injury to persons living or carrying on business in the neighbourhood or passing by, and 
that in consequence the removal, repair or support of such building, tent or structure, or the removal or 
support of such tree, is necessary; or 

(e) that any tank, well or excavation adjacent to any such way or public place should be fenced in 

such manner as to prevent danger arising to the public; or 

(f) that any dangerous animal should be destroyed, confined or otherwise disposed of,  

such Magistrate may make a conditional order requiring the person causing such obstruction or nuisance, 
or carrying on such trade or occupation, or keeping any such goods or merchandise, or owning, possessing 
or controlling such building, tent, structure, substance, tank, well or excavation, or owning or possessing 
such animal or tree, within a time to be fixed in the order— 

(i) to remove such obstruction or nuisance; or 

(ii) to desist from carrying on, or to remove or regulate in such manner as may be directed, such 
trade or occupation, or to remove such goods or merchandise, or to regulate the keeping thereof in such 
manner as may be directed; or 

(iii)  to  prevent  or  stop  the  construction  of  such  building,  or  to  alter  the  disposal  of  such                          

substance; or 

(iv)  to  remove,  repair  or  support  such  building,  tent  or  structure,  or  to  remove  or  support  such                  

trees; or 

(v) to fence such tank, well or excavation; or 

(vi) to destroy, confine or dispose of such dangerous animal in the manner provided in the said 
order, or, if he objects so to do, to appear before himself or some other Executive Magistrate subordinate 
to him at a time and place to be fixed by the order, and show cause, in the manner hereinafter provided, 
why the order should not be made absolute. 

(2) No order duly made by a Magistrate under this section shall be called in question in any Civil Court. 

Explanation.—A “public place” includes also property belonging to the State, camping grounds and 

grounds left unoccupied for sanitary or recreative purposes. 

153. Service or notification of order.—(1) The order shall, if practicable, be served on the person 

against whom it is made, in the manner herein provided for service of summons. 

(2) If such order cannot be so served, it shall be notified by proclamation published in such manner as 
the State Government may, by rules, direct, and a copy thereof shall be stuck up at such place or places as 
may be fittest for conveying the information to such person. 

154. Person to whom order is addressed to obey or show cause.—The person against whom such 

order is made shall— 

(a) perform, within the time and in the manner specified in the order, the act directed thereby; or 

61 

 
(b) appear in accordance with such order and show cause against the same;  and such appearance or 

hearing may be permitted through audio-video conferencing. 

155. Penalty for failure to comply with section 154.—If the person against whom an order is made 
under section 154 does not perform such act or appear and show cause, he shall be liable to the penalty 
specified in that behalf in section 223 of the Bharatiya Nyaya Sanhita, 2023, and the order shall be made 
absolute. 

156.  Procedure  where  existence  of  public  right  is  denied.—  (1)  Where  an  order  is  made  under                   

section 152 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any 
way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom 
the order was made, question him as to whether he denies the existence of any public right in respect of the 
way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 157, 
inquire into the matter. 

(2) If in such inquiry the Magistrate finds that there is any reliable evidence in support of such denial, 
he shall stay the proceedings until the matter of the existence of such right has been decided by a competent 
Court; and, if he finds that there is no such evidence, he shall proceed as laid down in section 157. 

(3) A person who has, on being questioned by the Magistrate under sub-section (1), failed to deny the 
existence of a public right of the nature therein referred to, or who, having made such denial, has failed to 
adduce reliable evidence in support thereof, shall not in the subsequent proceedings be permitted to make 
any such denial. 

157. Procedure where person against whom order is made under section 152 appears to show 
cause.—(1) If the person against whom an order under section 152 is made appears and shows cause against 
the order, the Magistrate shall take evidence in the matter as in a summons-case. 

(2) If the Magistrate is satisfied that the order, either as originally made or subject to such modification 
as he considers necessary, is reasonable and proper, the order shall be made absolute without modification 
or, as the case may be, with such modification. 

(3) If the Magistrate is not so satisfied, no further proceedings shall be taken in the case: 

Provided that the proceedings under this section shall be completed, as soon as possible, within a period 
of ninety days, which may be extended for the reasons to be recorded in writing, to one hundred and twenty 
days. 

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

Magistrate may, for the purposes of an inquiry under section 156 or section 157— 

(a) direct a local investigation to be made by such person as he thinks fit; or 

(b) summon and examine an expert. 

159. Power of Magistrate to furnish written instructions, etc.—(1) Where the Magistrate directs a 

local investigation by any person under section 158, the Magistrate may— 

(a) furnish such person with such written instructions as may seem necessary for his guidance; 

(b) declare by whom the whole or any part of the necessary expenses of the local investigation shall 

be paid. 

(2) The report of such person may be read as evidence in the case. 

(3) Where the  Magistrate  summons  and  examines an expert  under  section  158, the  Magistrate  may 

direct by whom the costs of such summoning and examination shall be paid. 

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160. Procedure on order being made absolute and consequences of disobedience.—(1) When an 
order has been made absolute under section 155 or section 157, the Magistrate shall give notice of the same 
to the person against whom the order was made, and shall further require him to perform the act directed 
by the order within the time to be fixed in the notice, and inform him that, in case of disobedience, he shall 
be liable to the penalty provided by section 223 of the Bharatiya Nyaya Sanhita, 2023. 

(2) If such act is not performed within the time fixed, the Magistrate may cause it to be performed, and 
may recover the costs of performing it, either by the sale of any building, goods or other property removed 
by his order, or by the distress and sale of any other movable property of such person within or without 
such Magistrate's local jurisdiction, and if such other property is without such jurisdiction, the order shall 
authorise  its  attachment  and  sale  when  endorsed  by  the  Magistrate  within  whose  local  jurisdiction  the 
property to be attached is found. 

(3) No suit shall lie in respect of anything done in good faith under this section. 

161. Injunction pending inquiry.—(1) If a Magistrate making an order under section 152 considers 
that immediate measures should be taken to prevent imminent danger or injury of a serious kind to the 
public, he may issue such an injunction to the person against whom the order was made, as is required to 
obviate or prevent such danger or injury pending the determination of the matter. 

(2) In default of such person forthwith obeying such injunction, the Magistrate may himself use, or 

cause to be used, such means as he thinks fit to obviate such danger or to prevent such injury. 

(3) No suit shall lie in respect of anything done in good faith by a Magistrate under this section. 

162. Magistrate may prohibit repetition or Continuance of public nuisance.—A District Magistrate 
or  Sub-divisional  Magistrate,  or  any  other  Executive  Magistrate  or  Deputy  Commissioner  of  Police 
empowered by the State Government or the District Magistrate in this behalf, may order any person not to 
repeat or continue a public nuisance, as defined in the Bharatiya Nyaya Sanhita, 2023, or any special or 
local law. 

C.—Urgent cases of nuisance or apprehended danger 

163. Power to issue order in urgent cases of nuisance or apprehended danger.— (1) In cases where, 
in  the  opinion  of  a  District    Magistrate,  a  Sub-divisional  Magistrate  or  any  other  Executive  Magistrate 
specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under 
this section and immediate prevention or speedy remedy is desirable, such Magistrate may, by a written 
order stating the material facts of the case and served in the manner provided by section 153, direct any 
person to abstain from a certain act or to take certain order with respect to certain property in his possession 
or under his management, if such Magistrate considers that such direction is likely to prevent, or tends to 
prevent, obstruction, annoyance or injury to any person lawfully employed, or danger to human life, health 
or safety or a disturbance of the public tranquillity, or a riot, or an affray. 

(2) An order under this section may, in cases of emergency or in cases where the circumstances do not 
admit of the serving in due time of a notice upon the person against whom the order is directed, be passed 
ex parte. 

(3) An order under this section may be directed to a particular individual, or to persons residing in a 

particular place or area, or to the public generally when frequenting or visiting a particular place or area. 

(4) No order under this section shall remain in force for more than two months from the making thereof: 

Provided that if the State Government considers it necessary so to do for preventing danger to human 
life, health or safety or for preventing a riot or any affray, it may, by notification, direct that an order made 
by a Magistrate under this section shall remain in force for such further period not exceeding six months 
from the date on which the order made by the Magistrate would have, but for such order, expired, as it may 
specify in the said notification. 

63 

 
(5) Any Magistrate may, either on his own motion or on the application of any person aggrieved, rescind 
or  alter  any  order  made  under  this  section  by  himself  or  any  Magistrate  subordinate  to  him  or  by  his 
predecessor-in-office. 

(6) The State Government may, either on its own motion or on the application of any person aggrieved, 

rescind or alter any order made by it under the proviso to sub-section (4). 

(7) Where an application under sub-section (5) or sub-section (6) is received, the Magistrate, or the 
State Government, as the case may be, shall afford to the applicant an early opportunity of appearing before 
him or it, either in person or by an advocate and showing cause against the order; and if the Magistrate or 
the State Government, as the case may be, rejects the application wholly or in part, he or it shall record in 
writing the reasons for so doing. 

D.—Disputes as to immovable property 

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

peace.—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other 
information that a dispute likely to cause a breach of the peace exists concerning any land or water or the 
boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of 
his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or 
by an advocate on aspecified date and time, and to put in written statements of their respective claims as 
respects the fact of actual possession of the subject of dispute. 

(2)  For  the  purposes  of  this  section,  the  expression  “land  or  water”  includes  buildings,  markets, 

fisheries, crops or other produce of land, and the rents or profits of any such property. 

(3)  A  copy  of  the  order  shall  be  served  in  the  manner  provided  by  this  Sanhita  for  the  service  of 
summons upon such person or persons as the Magistrate may direct, and at least one copy shall be published 
by being affixed to some conspicuous place at or near the subject of dispute. 

(4) The Magistrate shall, without reference to the merits or the claims of any of the parties to a right to 
possess the subject of dispute, peruse the statements so put in, hear the parties, receive all such evidence as 
may be produced by them, take such further evidence, if any, as he thinks necessary, and, if possible, decide 
whether any and which of the parties was, at the date of the order made by him under sub-section (1), in 
possession of the subject of dispute: 

Provided  that  if  it  appears  to  the  Magistrate  that  any  party  has  been  forcibly  and  wrongfully 
dispossessed  within  two  months  next  before  the  date  on  which  the  report  of  a  police  officer  or  other 
information  was  received  by  the  Magistrate,  or  after  that  date  and  before  the  date  of  his  order  under                         
sub-section (1), he may treat the party so dispossessed as if that party had been in possession on the date of 
his order under sub-section (1). 

(5) Nothing in this section shall preclude any party so required to attend, or any other person interested, 
from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall 
cancel his said order, and all further proceedings thereon shall be stayed, but, subject to such cancellation, 
the order of the Magistrate under sub-section (1) shall be final. 

(6)  (a)  If  the  Magistrate  decides  that  one  of  the  parties  was,  or  should  under  the  proviso  to                                    

sub-section (4) be treated as being, in such possession of the said subject of dispute, he shall issue an order 
declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and 
forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso 
to sub-section (4), may restore to possession the party forcibly and wrongfully dispossessed; 

(b) the order made under this sub-section shall be served and published in the manner laid down in sub-

section (3). 

64 

 
(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of 
the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any 
question arises as to who the legal representative of a deceased party for the purposes of such proceeding 
is, all persons claiming to be representatives of the deceased party shall be made parties thereto. 

(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute 
in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make 
an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make 
such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit. 

(9)  The  Magistrate  may,  if  he  thinks  fit,  at  any  stage  of  the  proceedings  under  this  section,  on  the 
application  of  either  party,  issue  a  summons  to  any  witness  directing  him  to  attend  or  to  produce  any 
document or thing. 

(10) Nothing in this section shall be deemed to be in derogation of powers of the Magistrate to proceed 

under section 126. 

165. Power to attach subject of dispute and to appoint receiver.— (1) If the Magistrate at any time 
after making the order under sub-section (1) of section 164 considers the case to be one of emergency, or 
if he decides that none of the parties was then in such possession as is referred to in section 164, or if he is 
unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may 
attach the subject of dispute until a competent Court has determined the rights of the parties thereto with 
regard to the person entitled to the possession thereof: 

Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is 

no longer any likelihood of breach of the peace with regard to the subject of dispute. 

(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject 
of  dispute  has  been  appointed  by  any  Civil  Court,  make  such  arrangements  as  he  considers  proper  for 
looking after the property or if he thinks fit, appoint a receiver thereof, who shall have, subject to the control 
of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 
1908): 

Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute 

by any Civil Court, the Magistrate— 

(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute 
to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by 
him; 

(b) may make such other incidental or consequential orders as may be just. 

166. Dispute concerning right of use of land or water.— (1) Whenever an Executive Magistrate is 
satisfied from the report of a police officer or upon other information, that a dispute likely to cause a breach 
of the peace exists regarding any alleged right of user of any land or water within his local jurisdiction, 
whether such right be claimed as an easement or otherwise, he shall make an order in writing, stating the 
grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court in 
person or by an advocate on a specified date and time and to put in written statements of their respective 
claims. 

Explanation.—For the purposes of this sub-section, the expression "land or water" has the meaning 

given to it in sub-section (2) of section 164. 

(2) The Magistrate shall peruse the statements so put in, hear the parties, receive all such evidence as 
may be produced by them respectively, consider the effect of such evidence, take such further evidence, if 
any,  as  he  thinks  necessary  and,  if  possible,  decide  whether  such  right  exists;  and  the  provisions  of                      
section 164 shall, so far as may be, apply in the case of such inquiry. 

65 

 
(3)  If  it  appears  to  such  Magistrate  that  such  rights  exist,  he  may  make  an  order  prohibiting  any 
interference with the exercise of such right, including, in a proper case, an order for the removal of any 
obstruction in the exercise of any such right: 

Provided that no such order shall be made where the right is exercisable at all times of the year, unless 
such right has been exercised within three months next before the receipt under sub-section (1) of the report 
of  a  police  officer  or  other  information  leading  to  the  institution  of  the  inquiry,  or  where  the  right  is 
exercisable only at particular seasons or on particular occasions, unless the right has been exercised during 
the last of such seasons or on the last of such occasions before such receipt. 

(4) When in any proceedings commenced under sub-section (1) of section 164 the Magistrate finds that 
the  dispute  is  as  regards  an  alleged  right  of  user  of  land  or  water,  he  may,  after  recording  his  reasons, 
continue  with  the  proceedings  as  if  they  had  been  commenced  under  sub-section  (1),  and  when  in  any 
proceedings commenced under sub-section (1) the Magistrate finds that the dispute should be dealt with 
under section 164, he may, after recording his reasons, continue with the proceedings as if they had been 
commenced under sub-section (1) of section 164. 

167. Local inquiry.—(1) Whenever a local inquiry is necessary for the purposes of section 164, section 
165  or  section  166,  a  District  Magistrate  or  Sub-divisional  Magistrate  may  depute  any  Magistrate 
subordinate to him to make the inquiry, and may furnish him with such written instructions as may seem 
necessary for his guidance, and may declare by whom the whole or any part of the necessary expenses of 
the inquiry shall be paid. 

(2) The report of the person so deputed may be read as evidence in the case. 

(3) When any costs have been incurred by any party to a proceeding under section 164, section 165 or 
section 166, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by 
such party or by any other party to the proceeding, and whether in whole or in part or proportion and such 
costs may include any expenses incurred in respect of witnesses and of advocates' fees, which the Court 
may consider reasonable. 

CHAPTER XII 

PREVENTIVE ACTION OF THE POLICE 

168. Police to prevent cognizable offences.—Every police officer may interpose for the purpose of 

preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence. 

169.  Information  of  design  to  commit  cognizable  offences.—Every  police  officer  receiving 
information of a design to commit any cognizable offence shall communicate such information to the police 
officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance 
of the commission of any such offence. 

170. Arrest to prevent commission of cognizable offences.— (1) A police officer knowing of a design 
to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the 
person so designing, if it appears to such officer that the commission of the offence cannot be otherwise 
prevented.  

(2)  No  person  arrested  under  sub-section  (1)  shall  be  detained  in  custody  for  a  period  exceeding                         

twenty-four hours from the time of his arrest unless his further detention is required or authorised under 
any other provisions of this Sanhita or of any other law for the time being in force. 

171. Prevention of injury to public property.—A police officer may of his own authority interpose 
to prevent any injury attempted to be committed in his view to any public property, movable or immovable, 
or the removal or injury of any public landmark, buoy or other mark used for navigation. 

172. Persons bound to conform to lawful directions of police.— (1) All persons shall be bound to 
conform to the lawful directions of a police officer given in fulfilment of any of his duty under this Chapter. 

66 

 
(2) A police officer may detain or remove any person resisting, refusing, ignoring or disregarding to 
conform to any direction given by him under sub-section (1) and may either take such person before a 
Magistrate or, in petty cases, release him as soon as possible within a period of twenty-four hours. 

CHAPTER XIII 

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 

173.  Information  in  cognizable  cases.—(1)  Every  information  relating  to  the  commission  of  a 
cognizable offence, irrespective  of the  area  where the  offence is  committed,  may  be  given  orally  or  by 
electronic communication to an officer in charge of a police station, and if given— 

(i)  orally,  it  shall  be  reduced  to  writing  by  him  or  under  his  direction,  and  be  read  over  to  the 
informant; and every such information, whether given in writing or reduced to writing as aforesaid, 
shall be signed by the person giving it; 

(ii) by electronic communication, it shall be taken on record by him on being signed within three 

days by the person giving it,  

and the substance thereof shall be entered in a book to be kept by such officer in such form as the State 
Government may by rules prescribe in this behalf: 

Provided that if the information is given by the woman against whom an offence  under section 64, 
section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, 
section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged 
to have been committed or attempted, then such information shall be recorded, by a woman police officer 
or any woman officer: 

Provided further that— 

(a) in the event that the person against whom an offence under section 64, section 65, section 66,        

section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, 
section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been 
committed  or  attempted,  is  temporarily  or  permanently  mentally  or  physically  disabled,  then  such 
information shall be recorded by a police officer, at the residence of the person seeking to report such 
offence or at a convenient place of such person's choice, in the presence of an interpreter or a special 
educator, as the case may be; 

(b) the recording of such information shall be videographed; 

(c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) 

of sub-section (6) of section 183 as soon as possible. 

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, 

to the informant or the victim. 

(3) Without prejudice to the provisions contained in section 175, on receipt of information relating to 
the commission of any cognizable offence, which is made punishable for three years or more but less than 
seven years, the officer in charge of the police station may with the prior permission from an officer not 
below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,— 

(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for 

proceeding in the matter within a period of fourteen days; or 

(ii) proceed with investigation when there exists a prima facie case. 

(4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record 
the information referred to in sub-section (1), may send the substance of such information, in writing and 
by  post, to  the  Superintendent  of  Police  concerned who,  if  satisfied  that  such information  discloses the 

67 

 
commission of a cognizable offence, shall either investigate the case himself or direct an investigation to 
be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer 
shall have all the powers of an officer in charge of the police station in relation to that offence failing which 
such aggrieved person may make an application to the Magistrate. 

174.  Information  as  to  non-cognizable  cases  and  investigation  of  such  cases.—(1)  When 
information is given to an officer in charge of a police station of the commission within the limits of such 
station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information 
in a book to be kept by such officer in such form as the State Government may by rules prescribe in this 
behalf, and,— 

(i) refer the informant to the Magistrate; 

(ii) forward the daily diary report of all such cases fortnightly to the Magistrate. 

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having 

power to try such case or commit the case for trial. 

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation 
(except the power to arrest without warrant) as an officer in charge of a police station may exercise in a 
cognizable case. 

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be 

deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.  

175. Police officer’s power to investigate cognizable case.—(1) Any officer in charge of a police 
station  may,  without  the  order  of  a  Magistrate,  investigate  any  cognizable  case  which  a  Court  having 
jurisdiction over the local area within the limits of such station would have power to inquire into or try 
under the provisions of Chapter XIV: 

Provided  that  considering  the  nature  and  gravity  of  the  offence,  the  Superintendent  of  Police  may 

require the Deputy Superintendent of Police to investigate the case. 

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the 

ground that the case was one which such officer was not empowered under this section to investigate. 

(3) Any Magistrate empowered under section 210 may, after considering the application supported by 
an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary 
and submission made in this regard by the police officer, order such an investigation as above-mentioned. 

(4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public 

servant arising in course of the discharge of his official duties, order investigation, subject to— 

(a) receiving a report containing facts and circumstances of the incident from the officer superior 

to him; and 

(b) after consideration of the assertions made by the public servant as to the situation that led to the 

incident so alleged. 

176. Procedure for investigation.—(1) If, from information received or otherwise, an officer in charge 

of  a  police  station  has  reason  to  suspect  the  commission  of  an  offence  which  he  is  empowered  under                  
section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take 
cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his 
subordinate officers not being below such rank as the State Government may, by general or special order, 
prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, 
if necessary, to take measures for the discovery and arrest of the offender: 

68 

 
 
Provided that— 

(a) when information as to the commission of any such offence is given against any person by name 
and the case is not of a serious nature, the officer in charge of a police station need not proceed in 
person or depute a subordinate officer to make an investigation on the spot; 

(b) if it appears to the officer in charge  of a police station that there is no sufficient ground for 

entering on an investigation, he shall not investigate the case: 

Provided further that in relation to an offence of rape, the recording of statement of the victim shall be 
conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman 
police officer in the presence of her parents or guardian or near relatives or social worker of the locality and 
such statement may also be recorded through any audio-video electronic means including mobile phone. 

(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the 
officer in charge of the police station shall state in his report the reasons for not fully complying with the 
requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate 
and in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the 
informant, if any, in such manner as may be prescribed by rules made by the State Government. 

(3) On receipt of every information relating to the commission of an offence which is made punishable 
for seven years or more, the officer in charge of a police station shall, from such date, as may be notified 
within a period of five years by the State Government in this regard, cause the forensic expert to visit the 
crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile 
phone or any other electronic device: 

Provided  that  where  forensic  facility  is  not  available  in  respect  of  any  such  offence,  the  State 
Government shall, until the facility in respect of that matter is developed or made in the State, notify the 
utilisation of such facility of any other State. 

177. Report how submitted.—(1) Every report sent to a Magistrate under section 176 shall, if the State 
Government so directs, be submitted through such superior officer of police as the State Government, by 
general or special order, appoints in that behalf. 

(2) Such superior officer may give such instructions to the officer in charge of the police station as he 
thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the 
Magistrate. 

178. Power to hold investigation or preliminary inquiry.—The Magistrate, on receiving a report 
under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate 
subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the 
manner provided in this Sanhita. 

179. Police officer's power to require attendance of witnesses.—(1) Any police officer making an 
investigation  under this  Chapter  may,  by  order in  writing,  require  the  attendance  before  himself of any 
person  being  within  the  limits  of  his  own  or  any  adjoining  station  who,  from  the  information  given  or 
otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall 
attend as so required: 

Provided that no male person under the age of fifteen years or above the age of sixty years or a woman 
or a mentally or physically disabled person or a person with acute illness shall be required to attend at any 
place other than the place in which such person resides: 

Provided  further  that  if  such  person  is  willing  to  attend  at  the  police  station,  such  person  may  be 

permitted so to do. 

69 

 
(2) The State Government may, by rules made in this behalf, provide for the payment by the police 
officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than 
his residence. 

180. Examination of witnesses by police.—(1) Any police officer making an investigation under this 
Chapter, or any police officer not below such rank as the  State Government may, by general or special 
order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person 
supposed to be acquainted with the facts and circumstances of the case. 

(2) Such person shall be bound to answer truly all questions relating to such case put to him by such 
officer, other than questions the answers to which would have a tendency to expose him to a criminal charge 
or to a penalty or forfeiture. 

(3)  The  police  officer  may  reduce  into  writing  any  statement  made  to  him  in  the  course  of  an 
examination under this section; and if he does so, he shall make a separate and true record of the statement 
of each such person whose statement he records: 

Provided that statement made under this sub-section may also be recorded by audio-video electronic 

means: 

Provided further that the statement of a woman against whom an offence under section 64, section 65, 
section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, 
section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have 
been committed or attempted, shall be recorded, by a woman police officer or any woman officer. 

181. Statements to police and use thereof.—(1) No statement made by any person to a police officer 
in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person 
making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any 
part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or 
trial in respect of any offence under investigation at the time when such statement was made: 

Provided that when any witness is called for the prosecution in such inquiry or trial whose statement 
has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the 
accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner 
provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement 
is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only 
of explaining any matter referred to in his cross-examination.  

(2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of                                  

clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso 
to sub-section (2) of section 23 of that Adhiniyam. 

Explanation.—An  omission  to  state  a  fact  or  circumstance  in  the  statement  referred  to  in                                             

sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant 
having  regard  to  the  context  in  which  such  omission  occurs  and  whether  any  omission  amounts  to  a 
contradiction in the particular context shall be a question of fact. 

182. No inducement to be offered.—(1) No police officer or other person in authority shall offer or 

make,  or  cause  to  be  offered  or  made,  any  such  inducement,  threat  or  promise  as  is  mentioned  in                           
section 22 of the Bharatiya Sakshya Adhiniyam, 2023. 

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person from 
making in the course of any investigation under this Chapter any statement which he may be disposed to 
make of his own free will: 

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183. 

70 

 
183.  Recording  of  confessions  and  statements.—(1)  Any  Magistrate  of  the  District  in  which  the 
information about commission of any offence has been registered, may, whether or not he has jurisdiction 
in the case, record any confession or statement made to him in the course of an investigation under this 
Chapter  or  under  any  other  law  for  the  time  being  in  force,  or  at  any  time  afterwards  but  before  the 
commencement of the inquiry or trial: 

Provided that any confession or statement made under this sub-section may also be recorded by audio-

video electronic means in the presence of the advocate of the person accused of an offence: 

Provided  further  that  no  confession  shall  be  recorded  by  a  police  officer  on  whom  any  power  of  a 

Magistrate has been conferred under any law for the time being in force. 

(2) The Magistrate shall, before recording any such confession, explain to the person making it that he 
is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the 
Magistrate  shall  not  record  any  such  confession  unless,  upon  questioning  the  person  making  it,  he  has 
reason to believe that it is being made voluntarily. 

(3) If at any time before the confession is recorded, the person appearing before the Magistrate states 
that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person 
in police custody. 

(4)  Any  such confession  shall  be  recorded in the  manner provided  in  section  316  for recording  the 
examination  of  an  accused  person  and  shall  be  signed  by  the  person  making  the  confession;  and  the 
Magistrate shall make a memorandum at the foot of such record to the following effect:— 

“I have explained to (name) that he is not bound to make a confession and that, if he does so, any 
confession he may make may be used as evidence against him and I believe that this confession was 
voluntarily made. It was taken in my presence and hearing, and was read over to the person making it 
and admitted by him to be correct, and it contains a full and true account of the statement made by him. 

(Signed) A. B. 

Magistrate.”. 

(5)  Any  statement  (other  than  a  confession)  made  under  sub-section  (1)  shall  be  recorded  in  such 
manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted 
to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose 
statement is so recorded. 

(6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, 
section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 
of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom 
such offence has been committed in the manner specified in sub-section (5), as soon as the commission of 
the offence is brought to the notice of the police: 

Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her 

absence by a male Magistrate in the presence of a woman: 

Provided further that in cases relating to the offences punishable with imprisonment for ten years or 
more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness 
brought before him by the police officer: 

Provided  also  that  if  the  person  making  the  statement  is  temporarily  or  permanently,  mentally  or 
physically  disabled,  the  Magistrate  shall  take  the  assistance  of  an  interpreter  or  a  special  educator  in 
recording the statement: 

71 

 
Provided  also  that  if  the  person  making  the  statement  is  temporarily  or  permanently,  mentally  or 
physically disabled, the statement made by the person, with the assistance of an interpreter or a special 
educator, shall be recorded through audio-video electronic means preferably by mobile phone; 

(b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or 
physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 
142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined 
on such statement, without the need for recording the same at the time of trial. 

(7)  The  Magistrate  recording  a  confession  or  statement  under  this  section  shall  forward  it  to  the 

Magistrate by whom the case is to be inquired into or tried. 

184.  Medical  examination  of  victim  of  rape.—(1)  Where,  during  the  stage  when  an  offence  of 
committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the 
woman  with  whom  rape  is  alleged  or  attempted  to  have  been  committed  or  attempted,  examined                                     
by a medical expert, such examination shall be conducted by a registered medical practitioner employed in 
a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other 
registered medical practitioner, with the consent of such woman or of a person competent to give such 
consent  on  her  behalf  and  such  woman  shall  be  sent  to  such  registered  medical  practitioner  within                    
twenty-four hours from the time of receiving the information relating to the commission of such offence. 

(2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her 

person and prepare a report of his examination giving the following particulars, namely:— 

(i) the name and address of the woman and of the person by whom she was brought; 

(ii) the age of the woman; 

(iii) the description of material taken from the person of the woman for DNA profiling; 

(iv) marks of injury, if any, on the person of the woman; 

(v) general mental condition of the woman; and 

(vi) other material particulars in reasonable detail. 

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

(4) The report shall specifically record that the consent of the woman or of the person competent to 

give such consent on her behalf to such examination had been obtained. 

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

report. 

(6) The registered medical practitioner shall, within a period of seven days forward the report to the 
investigating  officer  who  shall  forward  it  to  the  Magistrate  referred  to  in  section  193  as  part  of  the 
documents referred to in clause (a) of sub-section (6) of that section. 

(7) Nothing in this section shall be construed as rendering lawful any examination without the consent 

of the woman or of any person competent to give such consent on her behalf. 

Explanation.—For the purposes of this section, “examination” and “registered medical practitioner” 

shall have the same meanings as respectively assigned to them in section 51. 

185. Search by police officer.—(1) Whenever an officer in charge of a police station or a police officer 
making an investigation has reasonable grounds for believing that anything necessary for the purposes of 
an investigation into any offence which he is authorised to investigate may be found in any place within the 
limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot 
in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the 
grounds of his belief in the case-diary and specifying in such writing, so far as possible, the thing for which 

72 

 
search is to be made, search, or cause search to be made, for such thing in any place within the limits of 
such station. 

(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person: 

Provided that the search conducted under this section shall be recorded through audio-video electronic 

means preferably by mobile phone. 

(3) If he is unable to conduct the search in person, and there is no other person competent to make the 
search present at the time, he may, after recording in writing his reasons for so doing, require any officer 
subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, 
specifying the place to be searched, and so far as possible, the thing for which search is to be made; and 
such subordinate officer may thereupon search for such thing in such place. 

(4)  The  provisions  of  this  Sanhita  as  to  search-warrants  and  the  general  provisions  as  to  searches 

contained in section 103 shall, so far as may be, apply to a search made under this section. 

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later 
than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and 
the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of 
the same by the Magistrate. 

186. When officer in charge of police station may require another to issue search-warrant.—(1) 
An officer in charge of a police station or a police officer not being below the rank of sub-inspector making 
an investigation may require an officer in charge of another police station, whether in the same or a different 
district, to cause a search to be made in any place, in any case in which the former officer might cause such 
search to be made, within the limits of his own station. 

(2) Such officer, on being so required, shall proceed according to the provisions of section 185, and 

shall forward the thing found, if any, to the officer at whose request the search was made. 

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of 
another police station to cause a search to be made under sub-section (1) might result in evidence of the 
commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police 
station or a police officer making any investigation under this Chapter to search, or cause to be searched, 
any place in the limits of another police station in accordance with the provisions of section 185, as if such 
place were within the limits of his own police station. 

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to 

the officer in charge of the police station within the limits of which such place is situate, and shall also 
send with such notice a copy of the list (if any) prepared under section 103, and shall also send to the 
nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-
sections (1) and (3) of section 185. 

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a 

copy of any record sent to the Magistrate under sub-section (4). 

187. Procedure when investigation cannot be completed in twenty-four hours.—(1) Whenever any 
person is arrested and detained in custody, and it appears that the investigation cannot be completed within 
the period of twenty-four hours fixed by section 58, and there are grounds for believing that the accusation 
or information is well-founded, the officer in charge of the police station or the police officer making the 
investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Magistrate 
a copy of the entries in the diary hereinafter specified relating to the case, and shall at the same time forward 
the accused to such Magistrate. 

(2) The Magistrate to whom an accused person is forwarded under this section may, irrespective of 
whether he has or has no jurisdiction to try the case, after taking into consideration whether such person 

73 

 
has not been released on bail or his bail has been cancelled, authorise, from time to time, the detention of 
the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole, 
or in parts, at any time during the initial forty days or sixty days out of detention period of sixty days or 
ninety days, as the case may be, as provided in sub-section (3), and if he has no jurisdiction to try the case 
or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded 
to a Magistrate having such jurisdiction. 

(3) The Magistrate may authorise the detention of the accused person, beyond the period of fifteen days, 
if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of 
the accused person in custody under this sub-section for a total period exceeding— 

(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment 

for life or imprisonment for a term of ten years or more; 

(ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said 
period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if 
he is prepared to and does furnish bail, and every person released on bail under this sub-section shall 
be deemed to be so released under the provisions of Chapter XXXV for the purposes of that Chapter. 

(4) No Magistrate shall authorise detention of the accused in custody of the police under this section 
unless the accused is produced before him in person for the first time and subsequently every time till the 
accused remains in the custody of the police, but the Magistrate may extend further detention in judicial 
custody on production of the accused either in person or through the audio-video electronic means. 

(5) No Magistrate of the second class, not specially empowered in this behalf by the High Court, shall 

authorise detention in the custody of the police. 

Explanation I.—For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of 
the period specified in sub-section (3), the accused shall be detained in custody so long as he does not 
furnish bail. 

Explanation II.—If any question arises whether an accused person was produced before the Magistrate 
as required under sub-section (4), the production of the accused person may be proved by his signature on 
the order authorising detention or by the order certified by the Magistrate as to production of the accused 
person through the audio-video electronic means, as the case may be: 

Provided that in case of a woman under eighteen years of age, the detention shall be authorised to be 

in the custody of a remand home or recognised social institution: 

Provided further that no person shall be detained otherwise than in police station under police custody 
or in prison under judicial custody or a place declared as prison by the Central Government or the State 
Government. 

(6) Notwithstanding anything contained in sub-section (1) to sub-section (5), the officer in charge of 

the  police  station  or  the  police  officer  making  the  investigation,  if  he  is  not  below  the  rank  of  a                                   
sub-inspector, may, where a Magistrate is not available, transmit to the nearest Executive Magistrate, on 
whom the powers of a Magistrate have been conferred, a copy of the entry in the diary hereinafter specified 
relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and 
thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of 
the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; 
and, on the expiry of the period of detention so authorised, the accused person shall be released on bail 
except where an order for further detention of the accused person has been made by a Magistrate competent 
to make such order; and, where an order for such further detention is made, the period during which the 
accused person was detained in custody under the orders made by an Executive Magistrate under this sub-
section, shall be taken into account in computing the period specified in sub-section (3): 

74 

 
Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the 
nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating 
to the case which was transmitted to him by the officer in charge of the police station or the police officer 
making the investigation, as the case may be. 

(7) A Magistrate authorising under this section detention in the custody of the police shall record his 

reasons for so doing.  

(8) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of 

his order, with his reasons for making it, to the Chief Judicial Magistrate. 

(9) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within 
a period of six months from the date on which the accused was arrested, the Magistrate shall make an order 
stopping  further  investigation  into  the  offence  unless  the  officer  making  the  investigation  satisfies  the 
Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond 
the period of six months is necessary. 

(10)  Where  any  order  stopping  further  investigation  into  an  offence  has  been  made  under                                      

sub-section (9), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that 
further investigation into the offence ought to be made, vacate the order made under sub-section (9) and 
direct further investigation to be made into the offence subject to such directions with regard to bail and 
other matters as he may specify. 

188. Report of investigation by subordinate police officer.—When any subordinate police officer 
has made any investigation under this Chapter, he shall report the result of such investigation to the officer 
in charge of the police station.  

189. Release of accused when evidence deficient.—If, upon an investigation under this Chapter, it 
appears to the officer in charge of the police station that there is not sufficient evidence or reasonable round 
of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in 
custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when 
so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try 
the accused or commit him for trial. 

190. Cases to be sent to Magistrate, when evidence is sufficient.—(1) If, upon an investigation under 
this  Chapter, it  appears  to the  officer  in charge  of  the  police station  that there is  sufficient  evidence or 
reasonable  ground  as  aforesaid,  such  officer  shall  forward  the  accused  under  custody  to  a  Magistrate 
empowered to take cognizance of the offence upon a police report and to try the accused or commit him for 
trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for 
his appearance before such Magistrate on a day fixed and for his attendance from day to day before such 
Magistrate until otherwise directed: 

Provided that if the accused is not in custody, the police officer shall take security from such person for 
his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse 
to accept the same on the ground that the accused is not taken in custody. 

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes 
security for his appearance before such Magistrate under this section, he shall send to such Magistrate any 
weapon or other article which it may be necessary to produce before him, and shall require the complainant 
(if  any)  and  so  many  of  the  persons  who  appear  to  such  officer  to  be  acquainted  with  the  facts  and 
circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as 
thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the 
accused. 

75 

 
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to 
include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable 
notice of such reference is given to such complainant or persons. 

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons 

who executed it, and shall then send to the Magistrate the original with his report. 

191. Complainant and witnesses not to be required to accompany police officer and  not to be 
subject to restraint.— No complainant or witness on his way to any Court shall be required to accompany 
a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any 
security for his appearance other than his own bond: 

Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 
190, the officer in charge of the police station may forward him in custody to the Magistrate, who may 
detain him in custody until he executes such bond, or until the hearing of the case is completed. 

192. Diary of proceedings in investigation.—(1) Every police officer making an investigation under 
this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at 
which the information reached him, the time at which he began and closed his investigation, the place or 
places visited by him, and a statement of the circumstances ascertained through his investigation. 

(2) The statements of witnesses recorded during the course of investigation under section 180 shall be 

inserted in the case diary. 

(3) The diary referred to in sub-section (1) shall be a volume and duly paginated. 

(4) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, 

and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. 

(5) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be 
entitled to see them merely because they are referred to by the Court; but, if they are used by the police 
officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting 
such  police  officer,  the  provisions  of  section  148  or  section  164,  as  the  case  may  be,  of  the  Bharatiya 
Sakshya Adhiniyam, 2023, shall apply. 

193.  Report  of  police  officer  on completion  of investigation.—(1)  Every  investigation under  this 

Chapter shall be completed without unnecessary delay. 

(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya 
Nyaya  Sanhita,  2023  or  under  sections  4,  6,  8  or  section  10  of the  Protection  of  Children  from  Sexual 
Offences Act, 2012 shall be completed within two months from the date on which the information was 
recorded by the officer in charge of the police station. 

(3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, 
including through electronic communication to a Magistrate empowered to take cognizance of the offence 
on a police report, a report in the form as the State Government may, by rules provide, stating— 

(a) the names of the parties; 

(b) the nature of the information; 

(c) the names of the persons who appear to be acquainted with the circumstances of the case; 

(d) whether any offence appears to have been committed and, if so, by whom; 

(e) whether the accused has been arrested; 

(f) whether the accused has been released on his bond or bail bond; 

(g) whether the accused has been forwarded in custody under section 190; 

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(h) whether the report of medical examination of the woman has been attached where investigation 

relates  to  an  offence  under  sections  64,  65,  66,  67,  68,  70  or  section  71  of  the  Bharatiya  Nyaya                      
Sanhita, 2023; 

(i) the sequence of custody in case of electronic device;  

(ii) the police officer shall, within a period of ninety days, inform the progress of the investigation 

by any means including through electronic communication to the informant or the victim; 

(iii) the officer shall also communicate, in such manner as the State Government may, by rules, 
provide,  the  action  taken  by  him,  to  the  person,  if  any,  by  whom  the  information  relating  to  the 
commission of the offence was first given. 

(4) Where a superior officer of police has been appointed under section 177, the report shall, in any 
case in which the State Government by general or special order so directs, be submitted through that officer, 
and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make 
further investigation. 

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

(6) When such report is in respect of a case to which section 190 applies, the police officer shall forward 

to the Magistrate along with the report— 

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than 

those already sent to the Magistrate during investigation; 

(b) the statements recorded under section 180 of all the persons whom the prosecution proposes to 

examine as its witnesses. 

(7) If the police officer is of opinion that any part of any such statement is not relevant to the subject 
matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and 
is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting 
the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for 
making such request. 

(8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall 
also submit such number of copies of the police report along with other documents duly indexed to the 
Magistrate for supply to the accused as required under section 230: 

Provided that supply of report and other documents by electronic communication shall be considered 

as duly served. 

(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence 
after  a  report  under  sub-section  (3)  has  been  forwarded  to  the  Magistrate  and,  where  upon  such 
investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he 
shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State 
Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, 
apply  in  relation  to  such  report  or  reports  as  they  apply  in  relation  to  a  report  forwarded  under                                      
sub-section (3): 

Provided that further investigation during the trial may be conducted with the  permission of the Court 
trying the case and the same shall be completed within a period of ninety days which may be extended with 
the permission of the Court. 

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194. Police to enquire and report on suicide, etc.—(1) When the officer in charge of a police station 
or  some  other  police  officer  specially  empowered  by  the  State  Government  in  that  behalf  receives 
information  that  a  person  has  committed  suicide,  or  has  been  killed  by  another  or  by  an  animal  or  by 
machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other 
person has committed an offence, he shall immediately give intimation thereof to the nearest Executive 
Magistrate  empowered  to  hold  inquests,  and,  unless  otherwise  directed  by  any  rule  made  by  the  State 
Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed 
to the place where the body of such deceased person is, and there, in the presence of two or more respectable 
inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause 
of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, 
and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been 
inflicted. 

(2) The report shall be signed by such police officer and other persons, or by so many of them as concur 
therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-
four hours. 

(3) When— 

(i) the case involves suicide by a woman within seven years of her marriage; or 

(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances 

raising  a  reasonable  suspicion  that  some  other  person  committed  an  offence  in  relation  to  such                     
woman; or 

(iii) the case relates to the death of a woman within seven years of her marriage and any relative of 

the woman has made a request in this behalf; or 

(iv) there is any doubt regarding the cause of death; or 

(v) the police officer for any other reason considers it expedient so to do, 

 he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with 
a view to its being examined, to the nearest Civil Surgeon, or other qualified medical person appointed in 
this  behalf  by  the  State  Government,  if  the  state  of  the  weather  and  the  distance  admit  of  its  being  so 
forwarded without risk of such putrefaction on the road as would render such examination useless.  

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-
divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State 
Government or the District Magistrate. 

195. Power to summon persons.—(1) A police officer proceeding under section 194 may, by order in 
writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other 
person who appears to be acquainted with the facts of the case and every person so summoned shall be 
bound to attend and to answer truly all questions other than questions the answers to which would have a 
tendency to expose him to a criminal charge or to a penalty or forfeiture: 

Provided that no male person under the age of fifteen years or above the age of sixty years or a woman 
or a mentally or physically disabled person or a person with acute illness shall be required to attend at any 
place other than the place where such person resides: 

Provided further that if such person is willing to attend and answer at the police station, such person 

may be permitted so to do. 

(2) If the facts do not disclose a cognizable offence to which section 190 applies, such persons shall not 

be required by the police officer to attend a Magistrate's Court. 

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196. Inquiry by Magistrate into cause of death.—(1) When the case is of the nature referred to in 
clause (i) or clause (ii) of sub-section (3) of section 194, the nearest Magistrate empowered to hold inquests 
shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may 
hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the 
police officer; and if he does so, he shall have all the powers in conducting it which he would have in 
holding an inquiry into an offence. 

(2) Where,— 

(a) any person dies or disappears; or 

(b) rape is alleged to have been committed on any woman, while such person or woman is in the 
custody  of  the  police  or  in  any  other  custody  authorisedby  the  Magistrate  or  the  Court,  under  this 
Sanhita in addition to the inquiry or investigation held by the police, an inquiry shall be held by the 
Magistrate within whose local jurisdiction the offence has been committed. 

(3)  The  Magistrate  holding  such  an  inquiry  shall  record  the  evidence  taken  by  him  in  connection 

therewith in any manner hereinafter specified according to the circumstances of the case. 

(4) Whenever such Magistrate considers it expedient to make an examination of the dead body of any 
person who has been already interred, in order to discover the cause of his death, the Magistrate may cause 
the body to be disinterred and examined. 

(5) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform 
the relatives of the deceased whose names and addresses are known, and shall allow them to remain present 
at the inquiry. 

(6) The Magistrate or the Executive Magistrate or the police officer holding an inquiry or investigation 
under sub-section (2) shall, within twenty-four hours of the death of a person, forward the body with a view 
to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf 
by the State Government, unless it is not possible to do so for reasons to be recorded in writing. 

Explanation.—In this section, the expression "relative" means parents, children, brothers, sisters and 

spouse. 

CHAPTER XIV 

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS 

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

by a Court within whose local jurisdiction it was committed. 

198. Place of inquiry or trial.—(a) When it is uncertain in which of several local areas an offence was 

committed; or 

(b) where an offence is committed partly in one local area and partly in another; or 

(c)  where  an  offence  is  a  continuing  one,  and  continues  to  be  committed  in  more  local  areas  than                        

one; or 

(d) where it consists of several acts done in different local areas, it may be inquired into or tried by a 

Court having jurisdiction over any of such local areas. 

199. Offence triable where act is done or consequence ensues.—When an act is an offence by reason 
of anything which has been done and of a consequence which has ensued, the offence may be inquired into 
or  tried  by  a  Court  within  whose  local  jurisdiction  such  thing  has  been  done  or  such  consequence  has 
ensued. 

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200. Place of trial where act is an offence by reason of relation to other offence.—When an act is 
an offence by reason of its relation to any other act which is also an offence or which would be an offence 
if the doer were capable of committing an offence, the first-mentioned offence may be inquired into or tried 
by a Court within whose local jurisdiction either act was done. 

201. Place of trial in case of certain offences.—(1) Any offence of dacoity, or of dacoity with murder, 
of belonging to a gang of dacoits, or of escaping from custody, may be inquired into or tried by a Court 
within whose local jurisdiction the offence was committed or the accused person is found. 

(2) Any offence of kidnapping or abduction of a person may be inquired into or tried by a Court within 
whose local jurisdiction the person was kidnapped or abducted or was conveyed or concealed or detained. 

(3) Any offence of theft, extortion or robbery may be inquired into or tried by a Court within whose 
local jurisdiction the offence was committed or the stolen property which isthe subject of the offence was 
possessed by any person committing it or by any person who received or retained such property knowing 
or having reason to believe it to be stolen property. 

(4) Any offence of criminal misappropriation or of criminal breach of trust may be inquired into or tried 
by a Court within whose local jurisdiction the offence was committed or any part of the property which is 
the subject of the offence was received or retained, or was required to be returned or accounted for, by the 
accused person. 

(5) Any offence which includes the possession of stolen property may be inquired into or tried by a 
Court within whose local jurisdiction the offence was committed or the stolen property was possessed by 
any person who received or retained it knowing or having reason to believe it to be stolen property. 

202. Offences committed by means of electronic communications, letters, etc.—(1) Any offence 
which includes cheating, may, if the deception is practised by means of electronic communications or letters 
or telecommunication messages, be inquired into or tried by any Court within whose local jurisdiction such 
electronic communications or letters or messages were sent or were received; and any offence of cheating 
and dishonestly inducing delivery of property may be inquired into or tried by a Court within whose local 
jurisdiction the property was delivered by the person deceived or was received by the accused person. 

(2) Any offence punishable under section 82 of the Bharatiya Nyaya Sanhita, 2023 may be inquired 
into or tried  by  a  Court  within  whose local jurisdiction  the offence  was  committed  or the  offender  last 
resided with his or her spouse by the first marriage, or the wife by the first marriage has taken up permanent 
residence after the commission of the offence. 

203. Offence committed on journey or voyage.—When an offence is committed whilst the person by 
or against whom, or the thing in respect of which, the offence is committed is in the course of performing 
a  journey  or  voyage,  the  offence  may  be  inquired  into  or  tried  by  a  Court  through  or  into  whose  local 
jurisdiction that person or thing passed in the course of that journey or voyage. 

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

(a) the offences committed by any person are such that he may be charged with, and tried at one 

trial for, each such offence by virtue of the provisions of section 242, section 243 or section 244; or 

(b) the offence or offences committed by several persons are such that they may be charged with 
and tried together by virtue of the provisions of section 246, the offences may be inquired into or tried 
by any Court competent to inquire into or try any of the offences. 

205. Power to order cases to be tried in different sessions divisions.—Notwithstanding anything 
contained in the preceding provisions of this Chapter, the State Government may direct that any case or 
class of cases committed for trial in any district may be tried in any sessions division: 

Provided that such direction is not repugnant to any direction previously issued by the High Court or 
the Supreme Court under the Constitution, or under this Sanhita or any other law for the time being in force. 

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206. High Court to decide, in case of doubt, district where inquiry or trial shall take place.—
Where two or more Courts have taken cognizance of the same offence and a question arises as to which of 
them ought to inquire into or try that offence, the question shall be decided— 

(a) if the Courts are subordinate to the same High Court, by that High Court; 

(b) if the Courts are not subordinate to the same High Court, by the High Court within the local 
limits of whose appellate criminal jurisdiction the proceedings were first commenced, and thereupon 
all other proceedings in respect of that offence shall be discontinued. 

207. Power to issue summons or warrant for offence committed beyond local jurisdiction.—(1) 
When a Magistrate of the first class sees reason to believe that any person within his local jurisdiction has 
committed outside such jurisdiction (whether within or outside India) an offence which cannot, under the 
provisions of sections 197 to 205 (both inclusive), or any other law for the time being in force, be inquired 
into or tried within such jurisdiction but is under any law for the time being in force triable in India, such 
Magistrate  may  inquire  into  the  offence  as  if  it  had  been  committed  within  such  local  jurisdiction  and 
compel such person in the manner hereinbefore provided to appear before him, and send such person to the 
Magistrate having jurisdiction to inquire into or try such offence, or, if such offence is not punishable with 
death or imprisonment for life and such person is ready and willing to give bail to the satisfaction of the 
Magistrate  acting  under this  section, take  a  bond  or  bail  bond  for  his  appearance  before  the Magistrate 
having such jurisdiction. 

(2) When there are more Magistrates than one having such jurisdiction and the Magistrate acting under 
this section cannot satisfy himself as to the Magistrate to or before whom such person should be sent or 
bound to appear, the case shall be reported for the orders of the High Court. 

208. Offence committed outside India.—When an offence is committed outside India— 

(a) by a citizen of India, whether on the high seas or elsewhere; or 

(b) by a person, not being such citizen, on any ship or aircraft registered in India,  

he may be dealt with in respect of such offence as if it had been committed at any place within India at 
which he may be found or where the offence is registered in India: 

Provided that notwithstanding anything in any of the preceding sections of this Chapter, no such offence 

shall be inquired into or tried in India except with the previous sanction of the Central Government. 

209. Receipt of evidence relating to offences committed outside India.—When any offence alleged 
to have been committed in a territory outside India is being inquired into or tried under the provisions of 
section 208, the Central Government may, if it thinks fit, direct that copies of depositions made or exhibits 
produced, either in physical form or in electronic form, before a judicial officer, in or for that territory or 
before a diplomatic or consular representative of India in or for that territory shall be received as evidence 
by the Court holding such inquiry or trial in any case in which such Court might issue a commission for 
taking evidence as to the matters to which such depositions or exhibits relate. 

CHAPTER XV 

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS 

210.  Cognizance  of  offences  by  Magistrate.—(1)  Subject  to  the  provisions  of  this  Chapter,  any 
Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf 
under sub-section (2), may take cognizance of any offence— 

(a) upon receiving a complaint of facts, including any complaint filed by a person authorised under 

any special law, which constitutes such offence; 

(b) upon a police report (submitted in any mode including electronic mode) of such facts; 

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(c)  upon  information  received  from  any  person  other  than  a  police  officer,  or  upon  his  own 

knowledge, that such offence has been committed. 

(2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance 

under sub-section (1) of such offences as are within his competence to inquire into or try. 

211. Transfer on application of accused.—When a Magistrate takes cognizance of an offence under 
clause (c) of sub-section (1) of section 210, the accused shall, before any evidence is taken, be informed 
that he is entitled to have the case inquired into or tried by another Magistrate, and if the accused or any of 
the  accused,  if  there  be  more  than  one,  objects  to  further  proceedings  before  the  Magistrate  taking 
cognizance, the case shall be transferred to such other Magistrate as may be specified by the Chief Judicial 
Magistrate in this behalf. 

212.  Making  over  of  cases  to  Magistrates.—(1)  Any  Chief  Judicial  Magistrate  may,  after  taking 
cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate 
to him. 

(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, 
after  taking  cognizance  of  an  offence,  make  over  the  case  for  inquiry  or  trial  to  such  other  competent 
Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such 
Magistrate may hold the inquiry or trial. 

213. Cognizance of offences by Court of Session.—Except as otherwise expressly provided by this 
Sanhita or by any other law for the time being in force, no Court of Session shall take cognizance of any 
offence as a Court of original jurisdiction unless the case has been committed to it by a Magistrate under 
this Sanhita. 

214. Additional Sessions Judges to try cases made over to them.—An Additional Sessions Judge 
shall try such cases as the Sessions Judge of the division may, by general or special order, make over to 
him for trial or as the High Court may, by special order, direct him to try. 

215. Prosecution for contempt of lawful authority of public servants, for offences against public 
justice and for offences relating to documents given in evidence.—(1) No Court shall take cognizance— 

(a) (i) of any offence punishable under sections 206 to 223 (both inclusive but excluding section 

209) of the  Bharatiya Nyaya Sanhita, 2023; or 

(ii) of any abetment of, or attempt to commit, such offence; or 

(iii) of any criminal conspiracy to commit such offence, 

except on the complaint in writing of the public servant concerned or of some other public servant to 
whom  he  is  administratively  subordinate  or  of  some  other  public  servant  who  is  authorised  by  the 
concerned public servant so to do; 

(b)  (i)  of  any  offence  punishable  under  any  of  the  following  sections  of  the  Bharatiya  Nyaya 
Sanhita, 2023, namely, sections 229 to 233 (both inclusive), 236, 237, 242 to 248 (both inclusive) and 
267, when such offence is alleged to have been committed in, or in relation to, any proceeding in any 
Court; or 

(ii) of any offence described in sub-section (1) of section 336, or punishable under sub-section (2) 
of section 340 or section 342 of the said Sanhita, when such offence is alleged to have been committed 
in respect of a document produced or given in evidence in a proceeding in any Court; or 

(iii) of any criminal conspiracy to commit, or attempt to commit, or the abetment of, any offence 

specified in sub-clause (i) or sub-clause (ii),  

except on the complaint in writing of that Court or by such officer of the Court as that Court may authorise 
in writing in this behalf, or of some other Court to which that Court is subordinate. 

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

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

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

offence.—(1) No Court shall take cognizance of— 

(a) any offence punishable under Chapter VII or under section 196, section 299 or sub-section (1) 

of section 353 of the Bharatiya Nyaya Sanhita, 2023; or 

(b) a criminal conspiracy to commit such offence; or 

(c) any such abetment, as is described in section 47 of the Bharatiya Nyaya Sanhita, 2023, except 

with the previous sanction of the Central Government or of the State Government. 

(2) No Court shall take cognizance of— 

(a) any offence punishable under section 197 or sub-section (2) or sub-section (3) of section 353 

of the Bharatiya Nyaya Sanhita, 2023; or 

(b) a criminal conspiracy to commit such offence, except with the previous sanction of the Central 

Government or of the State Government or of the District Magistrate. 

(3)  No  Court  shall  take  cognizance  of  the  offence  of  any  criminal  conspiracy  punishable  under                          

sub-section (2) of section 61 of the Bharatiya Nyaya Sanhita, 2023, other than a criminal conspiracy to 
commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two 
years or upwards, unless the State Government or the District Magistrate has consented in writing to the 
initiation of the proceedings: 

Provided that where the criminal conspiracy is one to which the provisions of section 215 apply, no 

such consent shall be necessary. 

(4)  The  Central  Government  or  the  State  Government  may,  before  according  sanction  under                             

sub-section  (1)  or  sub-section  (2)  and  the  District  Magistrate  may,  before  according  sanction  under                       
sub-section  (2)  and  the  State  Government  or  the  District  Magistrate  may,  before  giving  consent  under                    
sub-section (3), order a preliminary investigation by a police officer not being below the rank of Inspector, 
in which case such police officer shall have the powers referred to in sub-section (3) of section 174. 

218. Prosecution of Judges and public servants.—(1) When any person who is or was a Judge or 
Magistrate or a public servant not removable from his office save by or with the sanction of the Government 
is accused of any offence alleged to have been committed by him while acting or purporting to act in the 
discharge  of his  official  duty,  no  Court shall take  cognizance  of  such  offence  except  with the previous 
sanction save as otherwise provided in the Lokpal and Lokayuktas Act, 2013 (1 of 2014)— 

(a) in the case of a person who is employed or, as the case may be, was at the time of commission 
of  the  alleged  offence  employed,  in  connection  with  the  affairs  of  the  Union,  of  the  Central 
Government; 

(b) in the case of a person who is employed or, as the case may be, was at the time of commission 

of the alleged offence employed, in connection with the affairs of a State, of the State Government: 

Provided that where the alleged offence was committed by a person referred to in clause (b) during the 
period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a 
State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression 
“Central Government” were substituted: 

Provided further that such Government shall take a decision within a period of one hundred and twenty 
days from the date of the receipt of the request for sanction and in case it fails to do so, the sanction shall 
be deemed to have been accorded by such Government: 

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Provided  also  that  no  sanction  shall  be required  in  case  of  a public servant  accused  of  any  offence 
alleged to have been committed under section 64, section 65, section 66, section 68, section 69, section 70, 
section 71, section 74, section 75, section 76, section 77, section 78, section 79, section 143, section 199 or 
section 200 of the Bharatiya Nyaya Sanhita, 2023. 

(2) No Court shall take cognizance of any offence alleged to have been committed by any member of 
the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty, except 
with the previous sanction of the Central Government. 

(3) The State Government may, by notification, direct that the provisions of sub-section (2) shall apply 
to such class or category of the members of the Forces charged with the maintenance of public order as 
may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section 
will  apply  as  if  for  the  expression  "Central  Government"  occurring  therein,  the  expression  "State 
Government" were substituted. 

(4)  Notwithstanding  anything  contained  in  sub-section  (3),  no  Court  shall  take  cognizance  of  any 
offence, alleged to have been committed by any member of the Forces charged with the maintenance of 
public order in a State while acting or purporting to act in the discharge of his official duty during the period 
while a Proclamation issued under clause (1) of article 356 of the Constitution was in force therein, except 
with the previous sanction of the Central Government. 

(5) The Central Government or the State Government, may determine the person by whom, the manner 
in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant 
is to be conducted, and may specify the Court before which the trial is to be held. 

219. Prosecution for offences against marriage.—(1) No Court shall take cognizance of an offence 
punishable under sections 81 to 84 (both inclusive) of the Bharatiya Nyaya Sanhita, 2023 except upon a 
complaint made by some person aggrieved by the offence: 

Provided that— 

(a) where such person is a child, or is of unsound mind or is having intellectual disability requiring 
higher support needs, or is from sickness or infirmity unable to make a complaint, or is a woman who, 
according to the local customs and manners, ought not to be compelled to appear in public, some other 
person may, with the leave of the Court, make a complaint on his or her behalf; 

(b) where such person is the husband and he is serving in any of the Armed Forces of the Union 
under conditions which are certified by his Commanding Officer as precluding him from obtaining 
leave of absence to enable him to make a complaint in person, some other person authorised by the 
husband in accordance with the provisions of sub-section (4) may make a complaint on his behalf; 

(c) where the person aggrieved by an offence punishable under section 82 of the Bharatiya Nyaya 
Sanhita, 2023 is the wife, complaint may be made on her behalf by her father, mother, brother, sister, 
son or daughter or by her father's or mother's brother or sister, or, with the leave of the Court, by any 
other person related to her by blood, marriage or adoption. 

(2) For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed 

to be aggrieved by any offence punishable under section 84 of the Bharatiya Nyaya Sanhita, 2023. 

(3) When in any case falling under clause (a) of the proviso to sub-section (1), the complaint is sought 
to be made on behalf of a child or of a person of unsound mind by a person who has not been appointed or 
declared by a competent authority to be the guardian of the child, or of the person of unsound mind, and 
the Court is satisfied that there is a guardian so appointed or declared, the Court shall, before granting the 
application for leave, cause notice to be given to such guardian and give him a reasonable opportunity of 
being heard. 

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(4) The authorisation referred to in clause (b) of the proviso to sub-section (1), shall be in writing, shall 
be signed or otherwise attested by the husband, shall contain a statement to the effect that he has been 
informed  of  the  allegations  upon  which  the  complaint  is  to  be  founded,  shall  be  countersigned  by  his 
Commanding Officer, and shall be accompanied by a certificate signed by that Officer to the effect that 
leave of absence for the purpose of making a complaint in person cannot for the time being be granted to 
the husband. 

(5)  Any  document  purporting  to  be  such  an  authorisation  and  complying  with  the  provisions  of                                     

sub-section (4), and any document purporting to be a certificate required by that sub-section shall, unless 
the contrary is proved, be presumed to be genuine and shall be received in evidence. 

(6) No Court shall take cognizance of an offence under section 64 of the Bharatiya Nyaya Sanhita, 
2023, where such offence consists of sexual intercourse by a man with his own wife, the wife being under 
eighteen years of age, if more than one year has elapsed from the date of the commission of the offence. 

220. Prosecution of offences under section 85 of Bharatiya Nyaya Sanhita, 2023.— No Court shall 
take cognizance of an offence punishable under section 85 of the Bharatiya Nyaya Sanhita, 2023 except 
upon  a  police  report  of  facts  which  constitute  such  offence  or  upon  a  complaint  made  by  the  person 
aggrieved by the offence or by her father, mother, brother, sister or by her father’s or mother’s brother or 
sister or, with the leave of the Court, by any other person related to her by blood, marriage or adoption. 

221.  Cognizance  of  offence.—  No  Court  shall  take  cognizance  of  an  offence  punishable  under                      
section 67 of the Bharatiya Nyaya Sanhita, 2023 where the persons are in a marital relationship, except                             
upon prima facie satisfaction of the facts which constitute the offence upon a complaint having been filed 
or made by the wife against the husband. 

222. Prosecution for defamation.—(1) No Court shall take cognizance of an offence punishable under 
section 356 of the Bharatiya Nyaya Sanhita, 2023 except upon a complaint made by some person aggrieved 
by the offence: 

Provided that where such person is a child, or is of unsound mind or is having intellectual disability or 
is from sickness or infirmity unable to make a complaint, or is a woman who, according to the local customs 
and manners, ought not to be compelled to appear in public, some other person may, with the leave of the 
Court, make a complaint on his or her behalf. 

(2) Notwithstanding anything contained in this Sanhita, when any offence falling under section 356 of 
the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed against a person who, at the time of 
such  commission,  is  the  President  of  India,  the  Vice-President  of  India,  the  Governor  of  a  State,  the 
Administrator of a Union territory or a Minister of the Union or of a State or of a Union territory, or any 
other public servant employed in connection with the affairs of the Union or of a State in respect of his 
conduct in the discharge of his public functions, a Court of Session may take cognizance of such offence, 
without the case being committed to it, upon a complaint in writing made by the Public Prosecutor. 

(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence 
alleged, the nature of such offence and such other particulars as are reasonably sufficient to give notice to 
the accused of the offence alleged to have been committed by him. 

(4) No complaint under sub-section (2) shall be made by the Public Prosecutor except with the previous 

sanction— 

(a) of the State Government,— 

(i) in the case of a person who is or has been the Governor of that State or a Minister of that 

Government; 

(ii) in the case of any other public servant employed in connection with the affairs of the State; 

(b) of the Central Government, in any other case. 

85 

 
(5) No Court of Session shall take cognizance of an offence under sub-section (2) unless the complaint 

is made within six months from the date on which the offence is alleged to have been committed. 

(6) Nothing in this section shall affect the right of the person against whom the offence is alleged to 
have been committed, to make a complaint in respect of that offence before a Magistrate having jurisdiction 
or the power of such Magistrate to take cognizance of the offence upon such complaint. 

CHAPTER XVI 

COMPLAINTS TO MAGISTRATES 

223. Examination of complainant.—(1) A Magistrate having jurisdiction while taking cognizance of 
an offence on complaint shall examine upon oath the complainant and the witnesses present, if any, and the 
substance of such examination shall be reduced to writing and shall be signed by the complainant and the 
witnesses, and also by the Magistrate: 

Provided that no cognizance of an offence shall be taken by the Magistrate without giving the accused 

an opportunity of being heard: 

Provided  further  that  when  the  complaint  is  made  in  writing,  the  Magistrate  need  not  examine  the 

complainant and the witnesses— 

(a) if a public servant acting or purporting to act in the discharge of his official duties or a Court 

has made the complaint; or 

(b)  if  the  Magistrate  makes  over  the  case  for  inquiry  or  trial  to  another  Magistrate  under                             

section 212: 

Provided also that if the Magistrate makes over the case to another Magistrate under section 212 after 

examining the complainant and the witnesses, the latter Magistrate need not re-examine them. 

(2)  A  Magistrate  shall  not take  cognizance  on a  complaint  against a  public  servant for  any  offence 

alleged to have been committed in course of the discharge of his official functions or duties unless—  

(a) such public servant is given an opportunity to make assertions as to the situation that led to the 

incident so alleged; and 

(b) a report containing facts and circumstances of the incident from the officer superior to such 

public servant is received. 

224. Procedure by Magistrate not competent to take cognizance of case.—If the complaint is made 

to a Magistrate who is not competent to take cognizance of the offence, he shall,— 

(a) if the complaint is in writing, return it for presentation to the proper Court with an endorsement 

to that effect; 

(b) if the complaint is not in writing, direct the complainant to the proper Court. 

225. Postponement of issue of process.—(1) Any Magistrate, on receipt of a complaint of an offence 
of which he is authorised to take cognizance or which has been made over to him under section 212, may, 
if he thinks fit, and shall, in a case where the accused is residing at a place beyond the area in which he 
exercises his jurisdiction, postpone the issue of process against the accused, and either inquire into the case 
himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for 
the purpose of deciding whether or not there is sufficient ground for proceeding: 

Provided that no such direction for investigation shall be made,— 

(a) where it appears to the Magistrate that the offence complained of is triable exclusively by the 

Court of Session; or 

86 

 
(b) where the complaint has not been made by a Court, unless the complainant and the witnesses 

present (if any) have been examined on oath under section 223. 

(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses 

on oath: 

Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the 
Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath. 

(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall 
have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station 
except the power to arrest without warrant. 

226. Dismissal of complaint.—If, after considering the statements on oath (if any) of the complainant 
and of the witnesses and the result of the inquiry or investigation (if any) under section 225, the Magistrate 
is of opinion that there is no sufficient ground for proceeding, he shall dismiss the complaint, and in every 
such case he shall briefly record his reasons for so doing. 

CHAPTER XVII 

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES 

227. Issue of process.—(1) If in the opinion of a Magistrate taking cognizance of an offence there is 

sufficient ground for proceeding, and the case appears to be— 

(a) a summons-case, he shall issue summons to the accused for his attendance; or 

(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused 
to be brought or to appear at a certain time before such Magistrate or (if he has no jurisdiction himself) 
some other Magistrate having jurisdiction: 

Provided that summons or warrants may also be issued through electronic means.  

(2) No summons or warrant shall be issued against the accused under sub-section (1) until a list of the 

prosecution witnesses has been filed. 

(3)  In  a  proceeding  instituted  upon  a  complaint  made  in  writing,  every  summons  or  warrant issued 

under sub-section (1) shall be accompanied by a copy of such complaint. 

(4) When by any law for the time being in force any process-fees or other fees are payable, no process 
shall be issued until the fees are paid and, if such fees are not paid within a reasonable time, the Magistrate 
may dismiss the complaint. 

(5) Nothing in this section shall be deemed to affect the provisions of section 90. 

228. Magistrate may dispense with personal attendance of accused.—(1) Whenever a Magistrate 
issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused 
and permit him to appear by his advocate. 

(2)  But  the  Magistrate  inquiring  into  or  trying  the  case  may,  in  his  discretion,  at  any  stage  of  the 
proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the 
manner hereinbefore provided.  

229.  Special  summons  in  cases  of  petty  offence.—(1)  If,  in  the  opinion  of  a  Magistrate  taking 
cognizance of a petty offence, the case may be summarily disposed of under section 283 or section 284, the 
Magistrate  shall,  except  where  he  is,  for  reasons  to  be  recorded  in  writing  of  a  contrary  opinion,  issue 
summons to the accused requiring him either to appear in person or by an advocate before the Magistrate 
on a specified date, or if he desires to plead guilty to the charge without appearing before the Magistrate, 

87 

 
to transmit before the specified date, by post or by messenger to the Magistrate, the said plea in writing and 
the amount of fine specified in the summons or if he desires to appear by an advocate and to plead guilty 
to the charge through such advocate, to authorise, in writing, the advocate to plead guilty to the charge on 
his behalf and to pay the fine through such advocate: 

Provided that the amount of the fine specified in such summons shall not exceed five thousand rupees. 

(2) For the purposes of this section, “petty offence” means any offence punishable only with fine not 
exceeding five thousand rupees, but does not include any offence so punishable under the Motor Vehicles 
Act, 1988 (59 of 1988), or under any other law which provides for convicting the accused person in his 
absence on a plea of guilty. 

(3)  The  State  Government  may,  by  notification,  specially  empower  any  Magistrate  to  exercise  the 
powers conferred by sub-section (1) in relation to any offence which is compoundable under section 359 
or any offence punishable with imprisonment for a term not exceeding three months, or with fine, or with 
both where the Magistrate is of opinion that, having regard to the facts and circumstances of the case, the 
imposition of fine only would meet the ends of justice. 

230.  Supply  to  accused  of  copy  of  police  report  and  other  documents.—In  any  case  where  the 
proceeding has been instituted on a police report, the Magistrate shall without delay, and in no case beyond 
fourteen days from the date of production or appearance of the accused, furnish to the accused and the 
victim (if represented by an advocate) free of cost, a copy of each of the following:— 

(i) the police report; 

(ii) the first information report recorded under section 173; 

(iii)  the  statements  recorded  under  sub-section  (3)  of  section  180  of  all  persons  whom  the 
prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a 
request for such exclusion has been made by the police officer under sub-section (7) of section 193; 

(iv) the confessions and statements, if any, recorded under section 183; 

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report 

under sub-section (6) of section 193: 

Provided  that  the  Magistrate  may,  after  perusing  any  such  part  of  a  statement  as  is  referred  to  in                      

clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that 
part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the 
accused: 

Provided  further  that  if  the  Magistrate  is  satisfied  that  any  such  document  is  voluminous,  he  shall, 
instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, may 
furnish  the  copies  through  electronic  means  or  direct  that  he  will  only  be  allowed  to  inspect  it  either 
personally or through an advocate in Court: 

Provided also that supply of documents in electronic form shall be considered as duly furnished. 

231. Supply of copies of statements and documents to accused in other cases triable by Court of 
Session.—Where, in a case instituted otherwise than on a police report, it appears to the Magistrate issuing 
process under section 227 that the offence is triable exclusively by the Court of Session, the Magistrate 
shall forthwith furnish to the accused, free of cost, a copy of each of the following:— 

88 

 
(i)  the  statements  recorded  under  section  223  or  section  225,  of  all  persons  examined  by  the 

Magistrate; 

(ii) the statements and confessions, if any, recorded under section 180 or section 183; 

(iii) any documents produced before the Magistrate on which the prosecution proposes to rely: 

Provided that if the Magistrate is satisfied that any such document is voluminous, he shall, instead of 
furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally 
or through an advocate in Court:  

Provided further that supply of documents in electronic form shall be considered as duly furnished. 

232. Commitment of case to Court of Session when offence is triable exclusively by it.—When in 
a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate 
and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall— 

(a) commit, after complying with the provisions of section 230 or section 231 the case to the Court 
of Session, and subject to the provisions of this Sanhita relating to bail, remand the accused to custody 
until such commitment has been made; 

(b) subject to the provisions of this Sanhita relating to bail, remand the accused to custody during, 

and until the conclusion of, the trial; 

(c) send to that Court the record of the case and the documents and articles, if any, which are to be 

produced in evidence; 

(d) notify the Public Prosecutor of the commitment of the case to the Court of Session: 

Provided that the proceedings under this section shall be completed within a period of ninety days from 
the date of taking cognizance, and such period may be extended by the Magistrate for a period not exceeding 
one hundred and eighty days for the reasons to be recorded in writing: 

Provided further that any application filed before the Magistrate by the accused or the victim or any 
person authorised by such person in a case triable by Court of Session, shall be forwarded to the Court of 
Session with the committal of the case. 

233. Procedure to be followed when there is a complaint case and police investigation in respect 
of same offence.—(1) When in a case instituted otherwise than on a police report (hereinafter referred to 
as a complaint case), it is made to appear to the Magistrate, during the course of the inquiry or trial held by 
him,  that  an  investigation  by  the  police  is  in  progress  in  relation  to  the  offence  which  is  the                                     
subject-matter of the inquiry or trial held by him, the Magistrate shall stay the proceedings of such inquiry 
or trial and call for a report on the matter from the police officer conducting the investigation. 

(2)  If  a  report  is  made  by  the  investigating  police  officer  under  section  193  and  on  such  report 
cognizance of any offence is taken by the Magistrate against any person who is an accused in the complaint 
case, the Magistrate shall inquire into or try together the complaint case and the case arising out of the 
police report as if both the cases were instituted on a police report.  

(3) If the police report does not relate to any accused in the complaint case or if the Magistrate does not 
take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was 
stayed by him, in accordance with the provisions of this Sanhita. 

89 

 
 
 
 
 
CHAPTER XVIII 

THE CHARGE 

A.—Form of charges 

234. Contents of charge.—(1) Every charge under this Sanhita shall state the offence with which the 

accused is charged. 

(2) If the law which creates the offence gives it any specific name, the offence may be described in the 

charge by that name only. 

(3) If the law which creates the offence does not give it any specific name, so much of the definition of 

the offence must be stated as to give the accused notice of the matter with which he is charged. 

(4) The law and section of the law against which the offence is said to have been committed shall be 

mentioned in the charge. 

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by 

law to constitute the offence charged was fulfilled in the particular case. 

(6) The charge shall be written in the language of the Court. 

(7) If the accused, having been previously convicted of any offence, is liable, by reason of such previous 
conviction, to enhanced punishment, or to punishment of a different kind, for a subsequent offence, and it 
is intended to prove such previous conviction for the purpose of affecting the punishment which the Court 
may think fit, to award for the subsequent offence, the fact, date and place of the previous conviction shall 
be stated in the charge; and if such statement has been omitted, the Court may add it at any time before 
sentence is passed. 

Illustrations. 

(a) A is charged with the murder of B. This is equivalent to a statement that A's act fell within the 
definition of murder given in sections 100 and 101 of the Bharatiya Nyaya Sanhita, 2023; that it did not fall 
within  any  of  the  general  exceptions  of  the  said  Sanhita;  and  that  it  did  not  fall  within  any  of  the  five 
exceptions to section 101 thereof, or that, if it did fall within Exception 1, one or other of the three provisos 
to that exception applied to it. 

(b)  A  is  charged  under  sub-section  (2)  of  section  118  of  the  Bharatiya  Nyaya  Sanhita,  2023,  with 
voluntarily  causing  grievous  hurt  to  B  by  means  of  an  instrument  for  shooting.  This  is  equivalent  to  a 
statement that the case was not provided for by sub-section (2) of section 122 of the said Sanhita, and that 
the general exceptions did not apply to it. 

(c) A is accused of murder, cheating, theft, extortion, or criminal intimidation, or using a false property-
mark.  The  charge  may  state  that  A  committed  murder,  or  cheating,  or  theft,  or  extortion,  or  criminal 
intimidation,  or that  he used  a false propertymark,  without reference  to  the  definitions,  of  those crimes 
contained in the Bharatiya Nyaya Sanhita, 2023; but the sections under which the offence is punishable 
must, in each instance be referred to in the charge. 

(d) A is charged under section 219 of the Bharatiya Nyaya Sanhita, 2023, with intentionally obstructing 
a sale of property offered for sale by the lawful authority of a public servant. The charge should be in those 
words. 

235. Particulars as to time, place and person.—(1) The charge shall contain such particulars as to 
the time and place of the alleged offence, and the person (if any) against whom, or the thing (if any) in 
respect of which, it was committed, as are reasonably sufficient to give the accused notice of the matter 
with which he is charged. 

(2) When the accused is charged with criminal breach of trust or dishonest misappropriation of money 
or other movable property, it shall be sufficient to specify the gross sum or, as the case may be, describe 

90 

 
the  movable  property  in respect  of  which  the  offence  is  alleged  to  have  been  committed,  and the  dates 
between which the offence is alleged to have been committed, without specifying particular items or exact 
dates,  and  the  charge  so  framed  shall  be  deemed  to  be  a  charge  of  one  offence  within  the  meaning  of                    
section 242: 

Provided that the time included between the first and last of such dates shall not exceed one year. 

236. When manner of committing offence must be stated.—When the nature of the case is such that 
the particulars mentioned in sections 234 and 235 do not give the accused sufficient notice of the matter 
with which he is charged, the charge shall also contain such particulars of the manner in which the alleged 
offence was committed as will be sufficient for that purpose. 

Illustrations. 

(a) A is accused of the theft of a certain article at a certain time and place. The charge need not set out 

the manner in which the theft was effected. 

(b) A is accused of cheating B at a given time and place. The charge must set out the manner in which 

A cheated B. 

(c) A is accused of giving false evidence at a given time and place. The charge must set out that portion 

of the evidence given by A which is alleged to be false. 

(d) A is accused of obstructing B, a public servant, in the discharge of his public functions at a given 
time  and  place.  The  charge  must  set  out  the  manner  in  which  A  obstructed  B  in  the  discharge  of  his 
functions. 

(e) A is accused of the murder of B at a given time and place. The charge need not state the manner in 

which A murdered B. 

(f) A is accused of disobeying a direction of the law with intent to save B from punishment. The charge 

must set out the disobedience charged and the law infringed. 

237. Words in charge taken in sense of law under which offence is punishable.—In every charge 
words  used  in  describing  an  offence  shall  be  deemed  to  have  been  used  in  the  sense  attached  to  them 
respectively by the law under which such offence is punishable. 

238. Effect of errors.—No error in stating either the offence or the particulars required to be stated in 
the charge, and no omission to state the offence or those particulars, shall be regarded at any stage of the 
case as material, unless the accused was in fact misled by such error or omission, and it has occasioned a 
failure of justice. 

Illustrations. 

(a)  A  is  charged  under  section  180  of  the  Bharatiya  Nyaya  Sanhita,  2023,  with  “having  been  in 
possession of counterfeit coin, having known at the time when he became possessed thereof that such coin 
was counterfeit,” the word “fraudulently” being omitted in the charge. Unless it appears that A was in fact 
misled by this omission, the error shall not be regarded as material. 

(b) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge or 
is set out incorrectly. A defends himself, calls witnesses and gives his own account of the transaction. The 
Court may infer from this that the omission to set out the manner of the cheating is not material. 

(c) A is charged with cheating B, and the manner in which he cheated B is not set out in the charge. 
There were many transactions between A and B, and A had no means of knowing to which of them the 
charge referred, and offered no defence. The Court may infer from such facts that the omission to set out 
the manner of the cheating was, in the case, a material error. 

91 

 
(d) A is charged with the murder of Khoda Baksh on the 21st January, 2023. In fact, the murdered 
person's name was Haidar Baksh, and the date of the murder was the 20th January, 2023. A was never 
charged  with  any  murder  but  one,  and  had  heard  the  inquiry  before  the  Magistrate,  which  referred 
exclusively to the case of Haidar Baksh. The Court may infer from these facts that A was not misled, and 
that the error in the charge was immaterial. 

(e) A was charged with murdering Haidar Baksh on the 20th January, 2023, and Khoda Baksh (who 
tried to  arrest him  for  that  murder)  on the  21st January,  2023. When  charged for  the  murder  of  Haidar 
Baksh, he was tried for the murder of Khoda Baksh. The witnesses present in his defence were witnesses 
in  the  case  of  Haidar  Baksh.  The  Court  may  infer  from  this  that  A  was  misled,  and  that  the  error  was 
material. 

239.  Court  may  alter  charge.—(1)  Any  Court  may  alter  or  add  to  any  charge  at  any  time  before 

judgment is pronounced. 

(2) Every such alteration or addition shall be read and explained to the accused. 

(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not 
likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct 
of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with 
the trial as if the altered or added charge had been the original charge. 

(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion 
of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial 
or adjourn the trial for such period as may be necessary. 

(5) If the offence stated in the altered or added charge is one for the prosecution of which previous 
sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction 
has been already obtained for a prosecution on the same facts as those on which the altered or added charge 
is founded. 

240. Recall of witnesses when charge altered.—Whenever a charge is altered or added to by the Court 

after the commencement of the trial, the prosecutor and the accused shall be allowed— 

(a) to recall or re-summon, and examine with reference to such alteration or addition, any witness 
who may have been examined, unless the Court, for reasons to be recorded in writing, considers that 
the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the 
purpose of vexation or delay or for defeating the ends of justice; 

(b) also to call any further witness whom the Court may think to be material. 

B.—Joinder of charges 

241. Separate charges for distinct offences.—(1) For every distinct offence of which any person is 

accused there shall be a separate charge, and every such charge shall be tried separately: 

Provided that where the accused person, by an application in writing, so desires and the Magistrate is 
of opinion that such person is not likely to be prejudiced thereby, the Magistrate may try together all or any 
number of the charges framed against such person. 

(2) Nothing in sub-section (1) shall affect the operation of the provisions of sections 242, 243, 244                   

and 246. 

A is accused of a theft on one occasion, and of causing grievous hurt on another occasion. A must be 

separately charged and separately tried for the theft and causing grievous hurt. 

Illustration. 

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242. Offences of same kind within year may be charged together.— (1) When a person is accused 
of more offences than one of the same kind committed within the space of twelve months from the first to 
the last of such offences, whether in respect of the same person or not, he may be charged with, and tried 
at one trial for, any number of them not  exceeding five. 

(2) Offences are of the same kind when they are punishable with the same amount of punishment under 

the same section of the Bharatiya Nyaya Sanhita, 2023 or of any special or local law: 

Provided  that  for  the  purposes  of  this  section,  an  offence  punishable  under  sub-section  (2)  of                              

section 303 of the Bharatiya Nyaya Sanhita, 2023 shall be deemed to be an offence of the same kind as an 
offence punishable under section 305 of the said Sanhita, and that an offence punishable under any section 
of the said Sanhita, or of any special or local law, shall be deemed to be an offence of the same kind as an 
attempt to commit such offence, when such an attempt is an offence. 

243. Trial for more than one offence.—(1) If, in one series of acts so connected together as to form 
the same transaction, more offences than one are committed by the same person, he may be charged with, 
and tried at one trial for, every such offence. 

(2)  When  a  person  charged  with  one  or  more  offences  of  criminal  breach  of  trust  or  dishonest 

misappropriation  of  property  as  provided  in  sub-section  (2)  of  section  235  or  in  sub-section  (1)  of                         
section 242, is accused of committing, for the purpose of facilitating or concealing the commission of that 
offence or those offences, one or more offences of falsification of accounts, he may be charged with, and 
tried at one trial for, every such offence. 

(3) If the acts alleged constitute an offence falling within two or more separate definitions of any law 
in force for the time being by which offences are defined or punished, the person accused of them may be 
charged with, and tried at one trial for, each of such offences. 

(4) If several acts, of which one or more than one would by itself or themselves constitute an offence, 
constitute when combined a different offence, the person accused of them may be charged with, and tried 
at one trial for the offence constituted by such acts when combined, and for any offence constituted by any 
one, or more, of such acts. 

(5) Nothing contained in this section shall affect section 9 of the Bharatiya Nyaya Sanhita, 2023. 

Illustrations to sub-section (1) 

(a) A rescues B, a person in lawful custody, and in so doing causes grievous hurt to C, a constable in 

whose  custody  B  was.  A  may  be  charged  with,  and  convicted  of,  offences  under  sub-section  (2)  of                           
section 121 and section 263 of the Bharatiya Nyaya Sanhita, 2023. 

(b) A commits house-breaking by day with intent to commit rape, and commits, in the house so entered, 
rape with B's wife. A may be separately charged with, and convicted of, offences under section 64 and sub-
section (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023. 

(c) A has in his possession several seals, knowing them to be counterfeit and intending to use them for 
the purpose of committing several forgeries punishable under section 337 of the Bharatiya Nyaya Sanhita, 
2023.  A  may  be  separately  charged  with,  and  convicted  of,  the  possession  of  each  seal  under                                        
sub-section (2) of section 341 of the Bharatiya Nyaya Sanhita, 2023. 

(d) With intent to cause injury to B, A institutes a criminal proceeding against him, knowing that there 
is no just or lawful ground for such proceeding, and also falsely accuses B of having committed an offence, 
knowing that there is no just or lawful ground for such charge. A may be separately charged with, and 
convicted of, two offences under section 248 of the Bharatiya Nyaya Sanhita, 2023. 

(e) A, with intent to cause injury to B, falsely accuses him of having committed an offence, knowing 
that  there  is  no  just  or  lawful  ground  for  such  charge.  On  the  trial,  A  gives  false  evidence  against  B, 

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intending thereby to cause B to be convicted of a capital offence. A may be separately charged with, and 
convicted of, offences under sections 230 and 248 of the Bharatiya  Nyaya Sanhita, 2023. 

(f) A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant 
endeavouring in the discharge of his duty as such to suppress the riot. A may be separately charged with, 
and convicted of, offences under sub-section (2) of section 117, sub-section (2) of section 191 and section 
195 of the Bharatiya Nyaya Sanhita, 2023. 

(g) A threatens B, C and D at the same time with injury to their persons with intent to cause alarm to 

them.  A  may  be  separately  charged  with,  and  convicted  of,  each  of  the  three  offences  under                                            
sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023. 

The separate charges referred to in illustrations (a) to (g), respectively, may be tried at the same time. 

Illustrations to sub-section (3) 

(h) A wrongfully strikes B with a cane. A may be separately charged with, and convicted of, offences 

under sub-section (2) of section 115 and section 131 of the Bharatiya Nyaya Sanhita, 2023. 

(i) Several stolen sacks of corn are made over to A and B, who knew they are stolen property, for the 
purpose of concealing them. A and B thereupon voluntarily assist each other to conceal the sacks at the 
bottom  of  a  grain-pit.  A  and  B  may  be  separately  charged  with,  and  convicted  of,  offences  under                                 
sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya Sanhita, 2023. 

(j) A exposes her child with the knowledge that she is thereby likely to cause its death. The child dies 
in  consequence  of  such  exposure.  A  may  be  separately  charged  with, and  convicted  of,  offences  under 
sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023. 

(k) A dishonestly uses a forged document as genuine evidence, in order to convict B, a public servant, 
of an offence under section 201 of the Bharatiya Nyaya Sanhita, 2023. A may be separately charged with, 
and convicted of, offences under section 233 and sub-section (2) of section 340 (read with section 337) of 
that Sanhita. 

Illustration to sub-section (4) 

(l) A commits robbery on B, and in doing so voluntarily causes hurt to him. A may be separately charged 
with, and convicted of, offences under sub-section (2) of section 115 and sub-sections (2) and (4) of section 
309 of the Bharatiya Nyaya Sanhita, 2023. 

244. Where it is doubtful what offence has been committed.—(1) If a single act or series of acts is 
of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, 
the accused may be charged with having committed all or any of such offences, and any number of such 
charges may be tried at once; or he may be charged in the alternative with having committed someone of 
the said offences. 

(2)  If  in  such  a  case  the  accused  is  charged  with  one  offence,  and  it  appears  in  evidence  that  he 

committed  a  different  offence  for  which  he  might  have  been  charged  under  the  provisions  of                                        
sub-section (1), he may be convicted of the offence which he is shown to have committed, although he was 
not charged with it. 

Illustrations. 

(a) A is accused of an act which may amount to theft, or receiving stolen property, or criminal breach 
of trust or cheating. He may be charged with theft, receiving stolen property, criminal breach of trust and 
cheating, or he may be charged with having committed theft, or receiving stolen property, or criminal breach 
of trust or cheating.  

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(b) In the case mentioned, A is only charged with theft. It appears that he committed the offence of 
criminal breach of trust, or that of receiving stolen goods. He may be convicted of criminal breach of trust 
or of receiving stolen goods (as the case may be), though he was not charged with such offence. 

(c) A states on oath before the Magistrate that he saw B hit C with a club. Before the Sessions Court A 
states on oath that B never hit C. A may be charged in the alternative and convicted of intentionally giving 
false evidence, although it cannot be proved which of these contradictory statements was false. 

245.  When  offence  proved  included in  offence  charged.—(1) When  a  person  is  charged  with  an 
offence consisting of several particulars, a combination of some only of which constitutes a complete minor 
offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted 
of the minor offence, though he was not charged with it. 

(2) When a person is charged with an offence and facts are proved which reduce it to a minor offence, 

he may be convicted of the minor offence, although he is not charged with it. 

(3)  When  a  person  is charged  with  an  offence,  he  may  be  convicted  of  an  attempt  to  commit  such 

offence although the attempt is not separately charged. 

(4) Nothing in this section shall be deemed to authorise a conviction of any minor offence where the 
conditions requisite for the initiation of proceedings in respect of that minor offence have not been satisfied. 

Illustrations. 

(a)  A  is  charged,  under  sub-section  (3)  of  section  316  of  the  Bharatiya  Nyaya  Sanhita,  2023,  with 
criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit 
criminal breach of trust under sub-section (2) of section 316 of that Sanhita in respect of the property, but 
that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under the said 
sub-section (2) of section 316. 

(b)  A  is  charged,  under  sub-section  (2)  of  section  117  of  the  Bharatiya  Nyaya  Sanhita,  2023,  with 
causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted 
under sub-section (2) of section 122 of that Sanhita. 

246.  What  persons  may  be  charged  jointly.—The  following  persons  may  be  charged  and  tried 

together, namely:— 

(a) persons accused of the same offence committed in the course of the same transaction; 

(b) persons accused of an offence and persons accused of abetment of, or attempt to commit, such 

offence; 

(c) persons accused of more than one offence of the same kind, within the meaning of section 242 

committed by them jointly within the period of twelve months; 

(d) persons accused of different offences committed in the course of the same transaction; 

(e)  persons  accused  of  an  offence  which  includes  theft,  extortion,  cheating,  or  criminal 
misappropriation,  and  persons  accused  of  receiving  or  retaining,  or  assisting  in  the  disposal  or 
concealment of, property possession of which is alleged to have been transferred by any such offence 
committed by the first-named persons, or of abetment of or attempting to commit any such last-named 
offence; 

(f) persons accused of offences under sub-sections (2) and (5) of section 317 of the Bharatiya Nyaya 
Sanhita, 2023 or either of those sections in respect of stolen property the possession of which has been 
transferred by one offence; 

(g) persons accused of any offence under Chapter X of the Bharatiya Nyaya Sanhita, 2023 relating 
to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same 

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coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the 
former part of this Chapter shall, so far as may be, apply to all such charges: 

Provided that where a number of persons are charged with separate offences and such persons do not 
fall within any of the categories specified in this section, the Magistrate or Court of Session may, if such 
persons by an application in writing, so desire, and if he or it is satisfied that such persons would not be 
prejudicially affected thereby, and it is expedient so to do, try all such persons together. 

247. Withdrawal of remaining charges on conviction on one of several charges.—When a charge 
containing more heads than one is framed against the same person, and when a conviction has been had on 
one or more of them, the complainant, or the officer conducting the prosecution, may, with the consent of 
the Court, withdraw the remaining charge or charges, or the Court of its own accord may stay the inquiry 
into, or trial of, such charge or charges and such withdrawal shall have the effect of an acquittal on such 
charge or charges, unless the conviction be set aside, in which case the said Court (subject to the order of 
the Court setting aside the conviction) may proceed with the inquiry into, or trial of, the charge or charges 
so withdrawn. 

CHAPTER XIX 

TRIAL BEFORE A COURT OF SESSION 

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

prosecution shall be conducted by a Public Prosecutor. 

249. Opening case for prosecution.—When the accused appears or is brought before the Court, in 
pursuance of a commitment of the case under section 232, or under any other law for the time being in 
force, the prosecutor shall open his case by describing the charge brought against the accused and stating 
by what evidence he proposes to prove the guilt of the accused. 

250. Discharge.—(1) The accused may prefer an application for discharge within a period of sixty days 

from the date of commitment of the case under section 232.  

(2) If, upon consideration of the record of the case and the documents submitted therewith, and after 
hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is 
not  sufficient  ground  for  proceeding  against the  accused,  he  shall  discharge  the  accused and record  his 
reasons for so doing. 

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

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

(a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused 
and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate 
of the first class and direct the accused to appear before the Chief Judicial Magistrate, or the Judicial 
Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the 
offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; 

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

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

(2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and 
explained to the accused present either physically or through audio-video electronic means and the accused 
shall be asked whether he pleads guilty of the offence charged or claims to be tried. 

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

may, in his discretion, convict him thereon. 

253. Date for prosecution evidence.—If the accused refuses to plead, or does not plead, or claims to 
be tried or is not convicted under section 252, the Judge shall fix a date for the examination of witnesses, 

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and may, on the application of the prosecution, issue any process for compelling the attendance of any 
witness or the production of any document or other thing. 

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

evidence as may be produced in support of the prosecution: 

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

means. 

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

means. 

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

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

255. Acquittal.—If, after taking the evidence for the prosecution, examining the accused and hearing 
the prosecution and the defence on the point, the Judge considers that there is no evidence that the accused 
committed the offence, the Judge shall record an order of acquittal. 

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

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

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

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

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

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

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

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

258. Judgment of acquittal or conviction.—(1) After hearing arguments and points of law (if any), 
the Judge shall give a judgment in the case, as soon as possible, within a period of thirty days from the date 
of completion of arguments, which may be extended to a period of forty-five days for reasons to be recorded 
in writing. 

(2) If the accused is convicted, the Judge shall, unless he proceeds in accordance with the provisions of 
section 401, hear the accused on the questions of sentence, and then pass sentence on him according to law. 

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

Provided that no such charge shall be read out by the Judge nor shall the accused be asked to plead 
thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, 
unless and until the accused has been convicted under section 252 or section 258. 

260. Procedure in cases instituted under sub-section (2) of section 222.—(1) A Court of Session 
taking cognizance of an offence under sub-section (2) of section 222 shall try the case in accordance with 
the procedure for the trial of warrant-cases instituted otherwise than on a police report before a Court of 
Magistrate: 

Provided that the person against whom the offence is alleged to have been committed shall, unless the 
Court of Session, for reasons to be recorded, otherwise directs, be examined as a witness for the prosecution. 

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

thinks fit so to do. 

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

(4) The Court shall record and consider any cause which may be shown by the person so directed, and 
if it is satisfied that there was no reasonable cause for making the  accusation, it may, for reasons to be 
recorded, make an order that compensation to such amount not exceeding five thousand rupees, as it may 
determine, be paid by such person to the accused or to each or any of them. 

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

Magistrate. 

(6) No person who has been directed to pay compensation under sub-section (4) shall, by reason of 
such order, be exempted from any civil or criminal liability in respect of the complaint made under this 
section: 

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

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

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

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

(8) When an order for payment of compensation to an accused person is made, the compensation shall 
not be paid to him before the period allowed for the presentation of the appeal has elapsed, or, if an appeal 
is presented, before the appeal has been decided. 

CHAPTER XX 

TRIAL OF WARRANT-CASES BY MAGISTRATES 

A.—Cases instituted on a police report 

261.  Compliance  with  section  230.—When,  in  any  warrant-case  instituted  on  a  police  report,  the 
accused appears or is brought before a Magistrate at the commencement of the trial, the Magistrate shall 
satisfy himself that he has complied with the provisions of section 230. 

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

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

(2) If, upon considering the police report and the documents sent with it under section 193 and making 
such examination, if any, of the accused, either physically or through audio-video electronic means, as the 
Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, 
the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, 
and record his reasons for so doing. 

263.  Framing  of  charge.—(1)  If,  upon  such  consideration,  examination,  if  any,  and  hearing,  the 
Magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable 
under this Chapter, which such Magistrate is competent to try and which, in his opinion, could be adequately 
punished by him, he shall frame in writing a charge against the accused within a period of sixty days from 
the date of first hearing on charge. 

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

guilty of the offence charged or claims to be tried. 

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

and may, in his discretion, convict him thereon. 

265. Evidence for prosecution.—(1) If the accused refuses to plead or does not plead, or claims to be 
tried or the Magistrate does not convict the accused under section 264, the Magistrate shall fix a date for 
the examination of witnesses: 

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

during investigation by the police. 

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

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

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

support of the prosecution: 

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

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

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

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

266. Evidence for defence.—(1) The accused shall then be called upon to enter upon his defence and 
produce his evidence; and if the accused puts in any written statement, the Magistrate shall file it with the 
record. 

(2) If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process 
for compelling the attendance of any witness for the purpose of examination or cross-examination, or the 
production of any document or other thing, the Magistrate shall issue such process unless he considers that 
such application should be refused on the ground that it is made for the purpose of vexation or delay or for 
defeating the ends of justice and such ground shall be recorded by him in writing: 

Provided that when the accused has cross-examined or had the opportunity of cross-examining any 
witness before entering on his defence, the attendance of such witness shall not be compelled under this 
section, unless the Magistrate is satisfied that it is necessary for the ends of justice: 

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

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

(3) The Magistrate may, before summoning any witness on an application under sub-section (2), require 
that the reasonable expenses incurred by the witness in attending for the purposes of the trial be deposited 
in Court. 

B.—Cases instituted otherwise than on police report 

267. Evidence for prosecution.—(1) When, in any warrant-case instituted otherwise than on a police 
report,  the  accused  appears  or  is  brought  before  a  Magistrate,  the  Magistrate  shall  proceed  to  hear  the 
prosecution and take all such evidence as may be produced in support of the prosecution. 

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

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

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

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

(2) Nothing in this section shall be deemed to prevent a Magistrate from discharging the accused at any 
previous stage of the case if, for reasons to be recorded by such Magistrate, he considers the charge to be 
groundless. 

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269. Procedure where accused is not discharged.—(1) If, when such evidence has been taken, or at 
any  previous  stage  of the case,  the  Magistrate is of opinion that there is  ground  for  presuming  that the 
accused has committed an offence triable under this Chapter, which such Magistrate is competent to try and 
which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the 
accused. 

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

guilty or has any defence to make. 

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

him thereon. 

(4)  If  the  accused  refuses  to  plead,  or  does  not  plead  or  claims  to  be  tried  or  if  the  accused  is  not 
convicted under sub-section (3), he shall be required to state, at the commencement of the next hearing of 
the case, or, if the Magistrate for reasons to be recorded in writing so thinks fit, forthwith, whether he wishes 
to cross-examine any, and, if so, which, of the witnesses for the prosecution whose evidence has been taken. 

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

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

(6) The evidence of any remaining witnesses for the prosecution shall next be taken, and after cross-

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

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

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

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

C.—Conclusion of trial 

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

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

(2) Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed 
in accordance with the provisions of section 364 or section 401, he shall, after hearing the accused on the 
question of sentence, pass sentence upon him according to law. 

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

Provided that no such charge shall be read out by the Magistrate nor shall the accused be asked to plead 
thereto nor shall the previous conviction be referred to by the prosecution or in any evidence adduced by it, 
unless and until the accused has been convicted under sub-section (2). 

272. Absence of complainant.—When the proceedings have been instituted upon complaint, and on 
any  day  fixed  for  the  hearing  of  the  case,  the  complainant  is  absent,  and  the  offence  may  be  lawfully 
compounded  or  is  not  a  cognizable  offence,  the  Magistrate  may  after  giving  thirty  days’  time  to  the 
complainant to be present, in his discretion, notwithstanding anything hereinbefore contained, at any time 
before the charge has been framed, discharge the accused. 

273. Compensation for accusation without reasonable cause.—(1) If, in any case instituted upon 
complaint or upon information given to a police officer or to a Magistrate, one or more persons is or are 

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

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

(3) The Magistrate may, by the order directing payment of the compensation under sub-section (2), 
further order that, in default of payment, the person ordered to pay such compensation shall undergo simple 
imprisonment for a period not exceeding thirty days. 

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

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

(5) No person who has been directed to pay compensation under this section shall, by reason of such 
order, be exempted from any civil or criminal liability in respect of the complaint made or information 
given by him: 

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

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

(6) A complainant or informant who has been ordered under sub-section (2) by a  Magistrate of the 
second class to pay compensation exceeding two thousand rupees, may appeal from the order, as if such 
complainant or informant had been convicted on a trial held by such Magistrate. 

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

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

CHAPTER XXI 

TRIAL OF SUMMONS-CASES BY MAGISTRATES 

274.  Substance  of  accusation  to  be  stated.—When  in  a  summons-case  the  accused  appears  or  is 
brought before the Magistrate, the particulars of the offence of which he is accused shall be stated to him, 
and he shall be asked whether he pleads guilty or has any defence to make, but it shall not be necessary to 
frame a formal charge: 

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

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

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

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

276. Conviction on plea of guilty in absence of accused in petty cases.—(1) Where a summons has 
been issued under section 229 and the accused desires to plead guilty to the charge without appearing before 

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the Magistrate, he shall transmit to the Magistrate, by post or by messenger, a letter containing his plea and 
also the amount of fine specified in the summons. 

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

277. Procedure when not convicted.—(1) If the Magistrate does not convict the accused under section 
275 or section 276, the Magistrate shall proceed to hear the prosecution and take all such evidence as may 
be produced in support of the prosecution, and also to hear the accused and take all such evidence as he 
produces in his defence. 

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

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

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

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

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

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

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

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

(3) A Magistrate may, under section 275 or section 278, convict the accused of any offence triable 
under this Chapter, which from the facts admitted or proved he appears to have committed, whatever may 
be the nature of the complaint or summons, if the Magistrate is satisfied that the accused would not be 
prejudiced thereby. 

279. Non-appearance or death of complainant.—(1) If the summons has been issued on complaint, 
and on the day appointed for the appearance of the accused, or any day subsequent thereto to which the 
hearing may be adjourned, the complainant does not appear, the Magistrate shall, after giving thirty days’ 
time to the complainant to be present, notwithstanding anything hereinbefore contained, acquit the accused, 
unless for some reason he thinks it proper to adjourn the hearing of the case to some other day: 

Provided that where the complainant is represented by an advocate or by the officer conducting the 
prosecution or where the Magistrate is of opinion that the personal attendance of the complainant is not 
necessary, the Magistrate may, dispense with his attendance and proceed with the case. 

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

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

280. Withdrawal of complaint.—If a complainant, at any time before a final order is passed in any 
case  under  this  Chapter,  satisfies  the  Magistrate  that  there  are  sufficient  grounds  for  permitting  him  to 
withdraw his complaint against the accused, or if there be more than one accused, against all or any of them, 
the Magistrate may permit him to withdraw the same, and shall thereupon acquit the accused against whom 
the complaint is so withdrawn. 

281. Power to stop proceedings in certain cases.—In any summons-case instituted otherwise than 
upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, 
any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage 
without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of 
the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release 
the accused, and such release shall have the effect of discharge. 

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

CHAPTER XXII 

SUMMARY TRIALS 

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

(a) any Chief Judicial Magistrate; 

(b) Magistrate of the first class,  

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

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

Sanhita, 2023 where the value of the property stolen does not exceed twenty thousand rupees;  

(ii) receiving or retaining stolen property, under sub-section (2) of section 317 of the Bharatiya 

Nyaya Sanhita, 2023, where the value of the property does not exceed twenty thousand rupees; 

(iii) assisting in the concealment or disposal of stolen property under sub-section (5) of section 317 
of  the  Bharatiya  Nyaya  Sanhita,  2023,  where  the  value  of  such  property  does  not  exceed  twenty 
thousand rupees; 

(iv) offences under sub-sections (2) and (3) of section 331 of the Bharatiya Nyaya Sanhita, 2023; 

(v) insult with intent to provoke a breach of the peace, under section 352, and criminal intimidation, 

under sub-sections (2) and (3) of section 351 of the Bharatiya Nyaya Sanhita, 2023; 

(vi) abetment of any of the foregoing offences; 

(vii) an attempt to commit any of the foregoing offences, when such attempt is an offence; 

(viii)  any  offence  constituted  by  an  act  in  respect  of  which  a  complaint  may  be  made  under                     

section 20 of the Cattle-trespass Act, 1871 (1 of 1871). 

(2) The Magistrate may, after giving the accused a reasonable opportunity of being heard, for reasons 
to be recorded in writing, try in a summary way all or any of the offences not punishable with death or 
imprisonment for life or imprisonment for a term exceeding three years: 

Provided that no appeal shall lie against the decision of a Magistrate to try a case in a summary way 

under this sub-section. 

(3) When, in the course of a summary trial it appears to the Magistrate that the nature of the case is 
such that it is undesirable to try it summarily, the Magistrate shall recall any witnesses who may have been 
examined and proceed to re-hear the case in the manner provided by this Sanhita. 

284. Summary trial by Magistrate of second class.—The High Court may confer on any Magistrate 
invested with the powers of a Magistrate of the second class power to try summarily any offence which is 
punishable only with fine or with imprisonment for a term not exceeding six months with or without fine, 
and any abetment of or attempt to commit any such offence. 

285. Procedure for summary trials.—(1) In trials under this Chapter, the procedure specified in this 

Sanhita for the trial of summons-case shall be followed except as hereinafter mentioned. 

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(2) No sentence of imprisonment for a term exceeding three months shall be passed in the case of any 

conviction under this Chapter. 

286. Record in summary trials.—In every case tried summarily, the Magistrate shall enter, in such 

form as the State Government may direct, the following particulars, namely:— 

(a) the serial number of the case; 

(b) the date of the commission of the offence; 

(c) the date of the report or complaint; 

(d) the name of the complainant (if any); 

(e) the name, parentage and residence of the accused; 

(f) the offence complained of and the offence (if any) proved, and in cases coming under clause (i), 
clause (ii) or clause (iii) of sub-section (1) of section 283, the value of the property in respect of which 
the offence has been committed; 

(g) the plea of the accused and his examination (if any); 

(h) the finding; 

(i) the sentence or other final order; 

(j) the date on which proceedings terminated. 

287. Judgment in cases tried summarily.—In every case tried summarily in which the accused does 
not plead guilty, the Magistrate shall record the substance of the evidence and a judgment containing a brief 
statement of the reasons for the finding. 

288. Language of record and judgment.—(1) Every such record and judgment shall be written in the 

language of the Court.  

(2) The High Court may authorise any Magistrate empowered to try offences summarily to prepare the 
aforesaid record or judgment or both by means of an officer appointed in this behalf by the Chief Judicial 
Magistrate, and the record or judgment so prepared shall be signed by such Magistrate. 

CHAPTER XXIII 

PLEA BARGAINING 

289. Application of Chapter.—(1) This Chapter shall apply in respect of an accused against whom— 

(a) the report has been forwarded by the officer in charge of the police station under section 193 alleging 
therein  that  an  offence  appears  to  have  been  committed  by  him  other  than  an  offence  for  which  the 
punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years has 
been provided under the law for the time being in force; or 

(b) a Magistrate has taken cognizance of an offence on complaint, other than an offence for which the 
punishment of death or of imprisonment for life or of imprisonment for a term exceeding seven years, has 
been provided under the law for the time being in force, and after examining complainant and witnesses 
under section 223, issued the process under section 227,  

but does not apply where such offence affects the socio-economic condition of the country or has been 
committed against a woman, or a child. 

(2) For the purposes of sub-section (1), the Central Government shall, by notification, determine the 
offences under the law for the time being in force which shall be the offences affecting the socio-economic 
condition of the country. 

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290. Application for plea bargaining.—(1) A person accused of an offence may file an application 
for plea bargaining within a period of thirty days from the date of framing of charge in the Court in which 
such offence is pending for trial. 

(2) The application under sub-section (1) shall contain a brief description of the case relating to which 
the  application  is  filed  including  the  offence to  which  the  case relates  and  shall be  accompanied  by  an 
affidavit  sworn  by  the  accused  stating  therein that  he  has  voluntarily  preferred,  after  understanding  the 
nature and extent of punishment provided under the law for the offence, the plea bargaining in his case and 
that he has not previously been convicted by a Court in which he had been charged with the same offence. 

(3)  After  receiving  the  application  under  sub-section  (1),  the  Court  shall  issue  notice  to  the  Public 

Prosecutor or the complainant of the case and to the accused to appear on the date fixed for the case. 

(4) When the Public Prosecutor or the complainant of the case and the accused appear on the date fixed 
under sub-section (3), the Court shall examine the accused in camera, where the other party in the case 
shall not be present, to satisfy itself that the accused has filed the application voluntarily and where— 

(a)  the  Court  is  satisfied  that  the  application  has  been  filed  by  the  accused  voluntarily,  it  shall 
provide time, not exceeding sixty days, to the Public Prosecutor or the complainant of the case and the 
accused to work out a mutually satisfactory disposition of the case which may include giving to the 
victim by the accused the compensation and other expenses during the case and thereafter fix the date 
for further hearing of the case; 

(b)  the  Court  finds  that  the  application  has  been  filed  involuntarily  by  the  accused  or  he  has 
previously been convicted by a Court in a case in which he had been charged with the same offence, it 
shall proceed further in accordance with the provisions of this Sanhita from the stage such application 
has been filed under sub-section (1). 

291.  Guidelines  for  mutually  satisfactory  disposition.—In  working  out  a  mutually  satisfactory 
disposition  under  clause  (a)  of  sub-section  (4)  of  section  290,  the  Court  shall  follow  the  following 
procedure, namely:— 

(a) in a case instituted on a police report, the Court shall issue notice to the Public Prosecutor, the 
police officer who has investigated the case, the accused and the victim of the case to participate in the 
meeting to work out a satisfactory disposition of the case: 

Provided that throughout such process of working out a satisfactory disposition of the case, it shall 
be  the  duty  of  the  Court  to  ensure  that  the  entire  process  is  completed  voluntarily  by  the  parties 
participating in the meeting: 

Provided  further  that  the  accused,  if  he  so  desires,  may  participate  in  such  meeting  with  his 

advocate, if any, engaged in the case; 

(b) in a case instituted otherwise than on police report, the Court shall issue notice to the accused 
and the victim of the case to participate in a meeting to work out a satisfactory disposition of the case: 

Provided that it shall be the duty of the Court to ensure, throughout such process of working out a 

satisfactory disposition of the case, that it is completed voluntarily by the parties participating in the 
meeting: 

Provided further that if the victim of the case or the accused so desires, he may participate in such 

meeting with his advocate engaged in the case. 

292.  Report  of  mutually  satisfactory  disposition  to  be  submitted  before  Court.—Where  in  a 
meeting  under  section  291,  a  satisfactory  disposition  of  the  case  has  been  worked  out,  the  Court  shall 
prepare a report of such disposition which shall be signed by the presiding officer of the Court and all other 
persons who participated in the meeting and if no such disposition has been worked out, the Court shall 

105 

 
record such observation and proceed further in accordance with the provisions of this Sanhita from the stage 
the application under sub-section (1) of section 290 has been filed in such case. 

293.  Disposal  of  case.—Where  a  satisfactory  disposition  of  the  case  has  been  worked  out  under                          

section 292, the Court shall dispose of the case in the following manner, namely:— 

(a) the Court shall award the compensation to the victim in accordance with the disposition under 
section  292  and  hear  the  parties  on  the  quantum  of  the  punishment,  releasing  of  the  accused  on 
probation of good conduct or after admonition under section 401 or for dealing with the accused under 
the provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being 
in force and follow the procedure specified in the succeeding clauses for imposing the punishment on 
the accused; 

(b) after hearing the parties under clause (a), if the Court is of the view that section 401 or the 
provisions of the Probation of Offenders Act, 1958 (20 of 1958) or any other law for the time being in 
force are attracted in the case of the accused, it may release the accused on probation or provide the 
benefit of any such law; 

(c) after hearing the parties under clause (b), if the Court finds that minimum punishment has been 
provided under the law for the offence committed by the accused, it may sentence the accused to half 
of such minimum punishment, and where the accused is a first-time offender and has not been convicted 
of any offence in the past, it may sentence the accused to one-fourth of such minimum punishment; 

(d) in case after hearing the parties under clause (b), the Court finds that the offence committed by 
the accused is not covered under clause (b) or clause (c), then, it may sentence the accused to one-fourth 
of  the  punishment  provided  or  extendable  for  such  offence  and  where  the  accused  is  a  first-time 
offender and has not been convicted of any offence in the past, it may sentence the accused to one-sixth 
of the punishment provided or extendable, for such offence. 

294. Judgment of Court.—The Court shall deliver its judgment in terms of section 293 in the open 

Court and the same shall be signed by the presiding officer of the Court. 

295. Finality of judgment.—The judgment delivered by the Court under this section shall be final and 
no appeal (except the special leave petition under article 136 and writ petition under articles 226 and 227 
of the Constitution) shall lie in any Court against such judgment. 

296. Power of Court in plea bargaining.—A Court shall have, for the purposes of discharging its 
functions under this Chapter, all the powers vested in respect of bail, trial of offences and other matters 
relating to the disposal of a case in such Court under this Sanhita. 

297. Period of detention undergone by accused to be set off against sentence of imprisonment.—
The provisions of section 468 shall apply, for setting off the period of detention undergone by the accused 
against the sentence of imprisonment imposed under this Chapter, in the same manner as they apply in 
respect of the imprisonment under other provisions of this Sanhita. 

298. Savings.—The provisions of this Chapter shall have effect notwithstanding anything inconsistent 
therewith contained in any other provisions of this Sanhita and nothing in such other provisions shall be 
construed to constrain the meaning of any provision of this Chapter. 

Explanation.—For the purposes of this Chapter, the expression "Public Prosecutor" has the meaning 
assigned to it under clause (v) of section 2 and includes an Assistant Public Prosecutor appointed under 
section 19. 

299. Statements of accused not to be used.—Notwithstanding anything contained in any law for the 
time being in force, the statements or facts stated by an accused in an application for plea bargaining filed 
under section 290 shall not be used for any other purpose except for the purpose of this Chapter. 

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300. Non-application of Chapter.—Nothing in this Chapter shall apply to any juvenile or child as 

defined in section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016). 

CHAPTER XXIV 

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS 

301. Definitions.—In this Chapter,— 

(a) “detained” includes detained under any law providing for preventive detention; 

(b) “prison” includes,— 

(i) any place which has been declared by the State Government, by general or special order, to 

be a subsidiary jail; 

(ii) any reformatory, Borstal institution or other institution of a like nature. 

302. Power to require attendance of prisoners.—(1) Whenever, in the course of an inquiry, trial or 

proceeding under this Sanhita, it appears to a Criminal Court,— 

(a) that a person confined or detained in a prison should be brought before the Court for answering 

to a charge of an offence, or for the purpose of any proceedings against him; or 

(b) that it is necessary for the ends of justice to examine such person as a witness, 

the Court may make an order requiring the officer in charge of the prison to produce such person before the 
Court answering to the charge or for the purpose of such proceeding or for giving evidence. 

(2) Where an order under sub-section (1) is made by a Magistrate of the second class, it shall not be 
forwarded to, or acted upon by, the officer in charge of the prison unless it is countersigned by the Chief 
Judicial Magistrate, to whom such Magistrate is subordinate. 

(3) Every order submitted for countersigning under sub-section (2) shall be accompanied by a statement 
of  the  facts  which,  in  the  opinion  of  the  Magistrate,  render  the  order  necessary,  and  the  Chief  Judicial 
Magistrate to whom it is submitted may, after considering such statement, decline to countersign the order. 

303.  Power  of  State  Government  or  Central  Government  to  exclude  certain  persons  from 
operation of section 302.—(1) The State Government or the Central Government, as the case may be, may, 
at any time, having regard to the matters specified in sub-section (2), by general or special order, direct that 
any person or class of persons shall not be removed from the prison in which he or they may be confined 
or detained, and thereupon, so long as the order remains in force, no order made under section 302, whether 
before or after the order of the State Government or the Central Government, shall have effect in respect of 
such person or class of persons. 

(2) Before making an order under sub-section (1), the State Government or the Central Government in 
the cases instituted by its central agency, as the case may be, shall have regard to the following matters, 
namely:— 

(a) the nature of the offence for which, or the grounds on which, the person or class of persons has 

been ordered to be confined or detained in prison; 

(b) the likelihood of the disturbance of public order if the person or class of persons is allowed to 

be removed from the prison; 

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(c) the public interest, generally. 

304.  Officer 

in  charge  of  prison  to  abstain  from  carrying  out  order 
contingencies.—Where the person in respect of whom an order is made under section 302— 

in  certain                         

(a) is by reason of sickness or infirmity unfit to be removed from the prison; or 
(b)  is  under  committal  for  trial  or  under  remand  pending  trial  or  pending  a  preliminary 

investigation; or 

(c) is in custody for a period which would expire before the expiration of the time required for 
complying with the order and for taking him back to the prison in which he is confined or detained; or 
(d) is a person to whom an order made by the State Government or the Central Government under 

section 303 applies, 

the officer in charge of the prison shall abstain from carrying out the Court's order and shall send to the 
Court a statement of reasons for so abstaining: 

Provided that where the attendance of such person is required for giving evidence at a place not more 
than twenty-five kilometres distance from the prison, the officer in charge of the prison shall not so abstain 
for the reason mentioned in clause (b). 

305.  Prisoner  to  be  brought  to  Court  in  custody.—Subject  to  the  provisions  of  section  304,  the 
officer in charge of the prison shall, upon delivery of an order made under sub-section (1) of section 302 
and  duly  countersigned,  where  necessary,  under sub-section (2)  thereof,  cause  the  person  named  in  the 
order to be taken to the Court in which his attendance is required, so as to be present there at the time 
mentioned in the order, and shall cause him to be kept in custody in or near the Court until he has been 
examined or until the Court authorises him to be taken back to the prison in which he was confined or 
detained. 

306.  Power  to  issue  commission  for  examination  of  witness  in  prison.—The  provisions  of  this 
Chapter shall be without prejudice to the power of the Court to issue, under section 319, a commission for 
the examination, as a witness, of any person confined or detained in a prison; and the provisions of Part B 
of Chapter XXV shall apply in relation to the examination on commission of any such person in the prison 
as they apply in relation to the examination on commission of any other person. 

CHAPTER XXV 

EVIDENCE IN INQUIRIES AND TRIALS 

A.—Mode of taking and recording evidence 

307. Language of Courts.— The State Government may determine what shall be, for purposes of this 

Sanhita, the language of each Court within the State other than the High Court. 

308.  Evidence  to  be  taken  in  presence  of  accused.—Except  as  otherwise  expressly  provided,  all 
evidence taken in the course of the trial or other proceeding shall be taken in the presence of the accused, 
or,  when  his  personal  attendance  is  dispensed  with,  in  the  presence  of  his  advocate  including  through                
audio-video electronic means at the designated place to be notified by the State Government:  

Provided that where the evidence of a woman below the age of eighteen years who is alleged to have 
been  subjected  to  rape  or  any  other  sexual  offence,  is  to  be  recorded,  the  Court  may  take  appropriate 
measures to ensure that such woman is not confronted by the accused while at the same time ensuring the 
right of cross-examination of the accused. 

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Explanation.—In this section, “accused” includes a person in relation to whom any proceeding under 

Chapter IX has been commenced under this Sanhita. 

309. Record in summonscases and inquiries.— (1) In all summons-cases tried before a Magistrate, 
in  all  inquiries  under  sections  164  to  167  (both  inclusive),  and  in  all  proceedings  under  section  491 
otherwise than in the course of a trial, the Magistrate shall, as the examination of each witness proceeds, 
make a memorandum of the substance of the evidence in the language of the Court: 

Provided that if the Magistrate is unable to make such memorandum himself, he shall, after recording 
the reason of his inability, cause such memorandum to be made in writing or from his dictation in open 
Court. 

(2) Such memorandum shall be signed by the Magistrate and shall form part of the record. 

310. Record in warrant-cases.— (1) In all warrant-cases tried before a Magistrate, the evidence of 
each witness shall, as his examination proceeds, be taken down in writing either by the Magistrate himself 

or by his dictation in open Court or, where he is unable to do so owing to a physical or other incapacity, 

under his direction and superintendence, by an officer of the Court appointed by him in this behalf: 

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

electronic means in the presence of the advocate of the person accused of the offence. 

(2) Where the Magistrate causes the evidence to be taken down, he shall record a certificate that the 

evidence could not be taken down by himself for the reasons referred to in sub-section (1). 

(3) Such evidence shall ordinarily be taken down in the form of a narrative; but the Magistrate may, in 
his discretion take down, or cause to be taken down, any part of such evidence in the form of question and 
answer. 

(4) The evidence so taken down shall be signed by the Magistrate and shall form part of the record. 

311. Record in trial before Court of Session.—(1) In all trials before a Court of Session, the evidence 
of each witness shall, as his examination proceeds, be taken down in writing either by the presiding Judge 
himself or by his dictation in open Court, or under his direction and superintendence, by an officer of the 
Court appointed by him in this behalf. 

(2) Such evidence shall ordinarily be taken down in the form of a narrative, but the presiding Judge 
may, in his discretion, take down, or cause to be taken down, any part of such evidence in the form of 
question and answer. 

(3) The evidence so taken down shall be signed by the presiding Judge and shall form part of the record. 

312.  Language  of  record  of  evidence.—In  every  case  where  evidence  is  taken  down  under                          

section 310 or section 311,— 

(a)  if  the  witness  gives  evidence  in  the  language  of  the  Court,  it  shall  be  taken  down  in  that 

language; 

(b) if he gives evidence in any other language, it may, if practicable, be taken down in that language, 
and if it is not practicable to do so, a true translation of the evidence in the language of the Court shall 
be prepared as the examination of the witness proceeds, signed by the Magistrate or presiding Judge, 
and shall form part of the record; 

(c) where under clause (b) evidence is taken down in a language other than the language of the 
Court, a true translation thereof in the language of the Court shall be prepared as soon as practicable, 
signed by the Magistrate or presiding Judge, and shall form part of the record: 

109 

 
Provided that when under clause (b) evidence is taken down in English and a translation thereof in 
the  language  of  the  Court  is  not  required  by  any  of  the  parties,  the  Court  may  dispense  with  such 
translation. 

313. Procedure in regard to such evidence when completed.—(1) As the evidence of each witness 
taken under section 310 or section 311 is completed, it shall be read over to him in the presence of the 
accused,  if  in  attendance,  or  of  his  advocate,  if  he  appears  by  an  advocate,  and  shall,  if  necessary,  be 
corrected. 

(2) If the witness denies the correctness of any part of the evidence when the same is read over to him, 
the Magistrate or presiding Judge may, instead of correcting the evidence, make a memorandum thereon of 
the objection made to it by the witness and shall add such remarks as he thinks necessary. 

(3) If the record of the evidence is in a language different from that in which it has been given and the 
witness does not understand that language, the record shall be interpreted to him in the language in which 
it was given, or in a language which he understands. 

314. Interpretation of evidence to accused or his advocate.—(1) Whenever any evidence is given in 
a language not understood by the accused, and he is present in Court in person, it shall be interpreted to him 
in open Court in a language understood by him. 

(2) If he appears by an advocate and the evidence is given in a language other than the language of the 

Court, and not understood by the advocate, it shall be interpreted to such advocate in that language. 

(3) When documents are put for the purpose of formal proof, it shall be in the discretion of the Court 

to interpret as much thereof as appears necessary. 

315.  Remarks  respecting  demeanour  of  witness.—When  a  presiding  Judge  or  Magistrate  has 
recorded  the  evidence  of  a  witness,  he  shall  also  record  such  remarks  (if  any)  as  he  thinks  material 
respecting the demeanour of such witness whilst under examination. 

316. Record of examination of accused.—(1) Whenever the accused is examined by any Magistrate, 
or by a Court of Session, the whole of such examination, including every question put to him and every 
answer given by him, shall be recorded in full by the presiding Judge or Magistrate himself or where he is 
unable to  do  so  owing  to a  physical  or  other incapacity,  under  his  direction  and  superintendence  by  an 
officer of the Court appointed by him in this behalf. 

(2) The record shall, if practicable, be in the language in which the accused is examined or, if that is 

not practicable, in the language of the Court. 

(3) The record shall be shown or read to the accused, or, if he does not understand the language in 
which it is written, shall be interpreted to him in a language which he understands, and he shall be at liberty 
to explain or add to his answers. 

(4) It shall thereafter be signed by the accused and by the Magistrate or presiding Judge, who shall 
certify under his own hand that the examination was taken in his presence and hearing and that the record 
contains a full and true account of the statement made by the accused: 

Provided that where the accused is in custody and is examined through electronic communication, his 

signature shall be taken within seventy-two hours of such examination. 

(5) Nothing in this section shall be deemed to apply to the examination of an accused person in the 

course of a summary trial. 

317.  Interpreter  to  be  bound  to  interpret  truthfully.—When  the  services  of  an  interpreter  are 
required by any Criminal Court for the interpretation of any evidence or statement, he shall be bound to 
state the true interpretation of such evidence or statement. 

110 

 
318. Record in High Court.—Every High Court may, by general rule, prescribe the manner in which 
the evidence of witnesses and the examination of the accused shall be taken down in cases coming before 
it, and such evidence and examination shall be taken down in accordance with such rule. 

B.—Commissions for the examination of witnesses 

319. When attendance of witness may be dispensed with and commission issued.—(1) Whenever, 
in the course of any inquiry, trial or other proceeding under this Sanhita, it appears to a Court or Magistrate 
that the examination of a witness is necessary for the ends of justice, and that the attendance of such witness 
cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances 
of the case, would be unreasonable, the Court or Magistrate may dispense with such attendance and may 
issue a commission for the examination of the witness in accordance with the provisions of this Chapter: 

Provided that where the examination of the President or the Vice-President of India or the Governor of 
a  State  or  the  Administrator  of  a  Union  territory  as  a  witness  is  necessary  for  the  ends  of  justice,  a 
commission shall be issued for the examination of such a witness. 

(2) The Court may, when issuing a commission for the examination of a witness for the prosecution, 
direct that such amount as the Court considers reasonable to meet the expenses of the accused, including 
the advocate's fees, be paid by the prosecution. 

320.  Commission to whom to  be  issued.—(1)  If  the  witness is  within the  territories to  which  this 
Sanhita  extends,  the  commission  shall  be  directed  to  the  Chief  Judicial  Magistrate  within  whose  local 
jurisdiction the witness is to be found. 

(2)  If  the  witness  is  in  India,  but  in  a  State  or  an  area  to  which  this  Sanhita  does  not  extend,  the 
commission  shall  be  directed  to  such  Court  or  officer  as  the  Central  Government  may,  by  notification, 
specify in this behalf. 

(3) If the witness is in a country or place outside India and arrangements have been made by the Central 
Government with the Government of such country or place for taking the evidence of witnesses in relation 
to criminal matters, the commission shall be issued in such form, directed to such Court or officer, and sent 
to  such authority for transmission as the Central Government may, by notification, prescribe in this behalf. 

321. Execution of commissions.—Upon receipt of the commission, the Chief Judicial Magistrate or 
such Magistrate as he may appoint in this behalf, shall summon the witness before him or proceed to the 
place where the witness is, and shall take down his evidence in the same manner, and may for this purpose 
exercise the same powers, as in trials of warrant-cases under this Sanhita. 

322. Parties may examine witnesses.—(1) The parties to any proceeding under this Sanhita in which 
a  commission  is  issued  may  respectively  forward  any  interrogatories  in  writing  which  the  Court  or 
Magistrate  directing  the  commission  may  think  relevant  to  the  issue,  and  it  shall  be  lawful  for  the 
Magistrate, Court or officer to whom the commission, is directed, or to whom the duty of executing it is 
delegated, to examine the witness upon such interrogatories. 

(2) Any such party may appear before such Magistrate, Court or Officer by an advocate, or if not in 

custody, in person, and may examine, cross-examine and re-examine the said witness. 

323.  Return  of  commission.—(1)  After  any  commission  issued  under  section  319  has  been  duly 
executed, it shall be returned, together with the deposition of the witness examined thereunder, to the Court 
or Magistrate issuing the commission; and the commission, the return thereto and the deposition shall be 
open at all reasonable times to inspection of the parties, and may, subject to all just exceptions, be read in 
evidence in the case by either party, and shall form part of the record. 

(2)  Any  deposition  so  taken,  if  it  satisfies  the  conditions  specified  by  section  27  of  the  Bharatiya 
Sakshya Adhiniyam, 2023, may also be received in evidence at any subsequent stage of the case before 
another Court. 

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324. Adjournment of proceeding.—In every case in which a commission is issued under section 319, 
the inquiry, trial or other proceeding may be adjourned for a specified time reasonably sufficient for the 
execution and return of the commission. 

325. Execution of foreign commissions.—(1) The provisions of section 321 and so much of section 
322  and  section  323  as  relate  to  the  execution  of  a  commission  and  its  return  shall  apply  in  respect  of 
commissions issued by any of the Courts, Judges or Magistrates hereinafter mentioned as they apply to 
commissions issued under section 319. 

(2) The Courts, Judges and Magistrates referred to in sub-section (1) are— 

(a) any such Court, Judge or Magistrate exercising jurisdiction within an area in India to which this 

Sanhita does not extend, as the Central Government may, by notification, specify in this behalf; 

(b)  any  Court, Judge  or  Magistrate  exercising jurisdiction  in  any  such  country  or  place  outside 
India, as the Central Government may, by notification, specify in this behalf, and having authority, 
under the law in force in that country or place, to issue commissions for the examination of witnesses 
in relation to criminal matters. 

326. Deposition of medical witness.—(1) The deposition of a civil surgeon or other medical witness, 
taken  and  attested  by  a  Magistrate  in  the  presence  of  the  accused,  or  taken  on  commission  under  this 
Chapter, may be given in evidence in any inquiry, trial or other proceeding under this Sanhita, although the 
deponent is not called as a witness. 

(2)  The  Court  may,  if  it  thinks  fit,  and  shall,  on  the  application  of  the  prosecution  or  the  accused, 

summon and examine any such deponent as to the subject-matter of his deposition. 

327.  Identification  report  of  Magistrate.—(1)  Any  document  purporting  to  be  a  report  of 
identification under the hand of an Executive Magistrate in respect of a person or property may be used as 
evidence in any inquiry, trial or other proceeding under this Sanhita, although such Magistrate is not called 
as a witness: 

Provided that where such report contains a statement of any suspect or witness to which the provisions 
of section 19, section 26, section 27, section 158 or section 160 of the Bharatiya Sakshya Adhiniyam, 2023, 
apply, such statement shall not be used under this sub-section except in accordance with the provisions of 
those sections. 

(2) The Court may, if it thinks fit, and shall, on the application of the prosecution or of the accused, 

summon and examine such Magistrate as to the subject-matter of the said report. 

328. Evidence of officers of Mint.—(1) Any document purporting to be a report under the hand of a 
gazetted officer of any Mint or of any Note Printing Press or of any Security Printing Press (including the 
officer of the Controller of Stamps and Stationery) or of any Forensic Department or Division of Forensic 
Science  Laboratory  or  any  Government  Examiner  of  Questioned  Documents  or  any  State  Examiner  of 
Questioned Documents as the Central Government may, by notification, specify in this behalf, upon any 
matter or thing duly submitted to him for examination and report in the course of any proceeding under this 
Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita, although such 
officer is not called as a witness. 

(2) The Court may, if it thinks fit, summon and examine any such officer as to the subject-matter of his 

report: 

Provided that no such officer shall be summoned to produce any records on which the report is based. 

(3) Without prejudice to the provisions of sections 129 and 130 of the Bharatiya Sakshya Adhiniyam, 
2023, no such officer shall, except with the permission of the General Manager or any officer in charge of 
any Mint or of any Note Printing Press or of any Security Printing Press or of any Forensic Department or 

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any officer in charge of the Forensic Science Laboratory or of the Government Examiner of Questioned 
Documents Organisation or of the State Examiner of Questioned Documents Organisation be permitted— 

(a) to give any evidence derived from any unpublished official records on which the report is based; 

or 

(b) to disclose the nature or particulars of any test applied by him in the course of the examination 

of the matter or thing.  

329. Reports of certain Government scientific experts.— (1) Any document purporting to be a report 
under the hand of a Government scientific expert to whom this section applies, upon any matter or thing 
duly submitted to him for examination or analysis and report in the course of any proceeding under this 
Sanhita, may be used as evidence in any inquiry, trial or other proceeding under this Sanhita. 

(2) The Court may, if it thinks fit, summon and examine any such expert as to the subject-matter of his 

report. 

(3) Where any such expert is summoned by a Court, and he is unable to attend personally, he may, 
unless the Court has expressly directed him to appear personally, depute any responsible officer working 
with him to attend the Court, if such officer is conversant with the facts of the case and can satisfactorily 
depose in Court on his behalf. 

(4) This section applies to the following Government scientific experts, namely:— 

(a) any Chemical Examiner or Assistant Chemical Examiner to Government; 

(b) the Chief Controller of Explosives; 

(c) the Director of the Finger Print Bureau; 

(d) the Director, Haffkeine Institute, Bombay; 

(e) the Director, Deputy Director or Assistant Director of a Central Forensic Science Laboratory 

or a State Forensic Science Laboratory; 

(f) the Serologist to the Government; 

(g) any other scientific expert specified or certified, by notification, by the State Government or 

the Central Government for this purpose. 

330. No formal proof of certain documents.—(1) Where any document is filed before any Court by 
the prosecution or the accused, the particulars of every such document shall be included in a list and the 
prosecution or the accused or the advocate for the prosecution or the accused, if any, shall be called upon 
to admit or deny the genuineness of each such document soon after supply of such documents and in no 
case later than thirty days after such supply: 

Provided that the Court may, in its discretion, relax the time limit with reasons to be recorded in writing: 

Provided further that no expert shall be called to appear before the Court unless the report of such expert 

is disputed by any of the parties to the trial. 

(2) The list of documents shall be in such form as the State Government may, by rules, provide. 

(3) Where the genuineness of any document is not disputed, such document may be read in evidence in 
any inquiry, trial or other proceeding under this Sanhita without proof of the signature of the person by 
whom it purports to be signed: 

Provided that the Court may, in its discretion, require such signature to be proved. 

331. Affidavit in proof of conduct of public servants.—When any application is made to any Court 
in the course of any inquiry, trial or other proceeding under this Sanhita, and allegations are made therein 

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respecting any public servant, the applicant may give evidence of the facts alleged in the application by 
affidavit, and the Court may, if it thinks fit, order that evidence relating to such facts be so given. 

332. Evidence of formal character on affidavit.—(1) The evidence of any person whose evidence is 
of a formal character may be given by affidavit and may, subject to all just exceptions, be read in evidence 
in any inquiry, trial or other proceeding under this Sanhita. 

(2)  The  Court  may,  if  it  thinks  fit,  and  shall,  on  the  application  of  the  prosecution  or  the  accused, 

summon and examine any such person as to the facts contained in his affidavit. 

333. Authorities before whom affidavits may be sworn.—(1) Affidavits to be used before any Court 

under this Sanhita may be sworn or affirmed before— 

(a) any Judge or Judicial or Executive Magistrate; or 

(b) any Commissioner of Oaths appointed by a High Court or Court of Session; or 

(c) any notary appointed under the Notaries Act, 1952 (53 of 1952). 

(2) Affidavits shall be confined to, and shall state separately, such facts as the deponent is able to prove 
from his own knowledge and such facts as he has reasonable ground to believe to be true, and in the latter 
case, the deponent shall clearly state the grounds of such belief. 

(3)  The  Court  may  order  any  scandalous  and  irrelevant  matter  in  the  affidavit  to  be  struck  out  or 

amended. 

334. Previous conviction or acquittal how proved.—In any inquiry, trial or other proceeding under 
this Sanhita, a previous conviction or acquittal may be proved, in addition to any other mode provided by 
any law for the time being in force,— 

(a) by an extract certified under the hand of the officer having the custody of the records of the 

Court in which such conviction or acquittal was held, to be a copy of the sentence or order; or 

(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which 
the punishment or any part thereof  was undergone, or by production of the warrant of commitment 
under  which  the  punishment  was  suffered,  together  with,  in  each  of  such  cases,  evidence  as  to  the 
identity of the accused person with the person so convicted or acquitted. 

335.  Record  of  evidence  in  absence  of  accused.—(1)  If  it  is  proved  that  an  accused  person  has 
absconded, and that there is no immediate prospect of arresting him, the Court competent to try, or commit 
for trial, such person for the offence complained of may, in his absence, examine the witnesses (if any) 
produced on behalf of the prosecution, and record their depositions and any such deposition may, on the 
arrest of such person, be given in evidence against him on the inquiry into, or trial for, the offence with 
which he is  charged, if the deponent is dead or incapable of giving evidence or cannot be found or his 
presence  cannot  be  procured  without  an  amount  of  delay,  expense  or  inconvenience  which,  under  the 
circumstances of the case, would be unreasonable. 

(2) If it appears that an offence punishable with death or imprisonment for life has been committed by 
some person or persons unknown, the High Court or the Sessions Judge may direct that any Magistrate of 
the  first  class  shall  hold  an  inquiry  and  examine  any  witnesses  who  can  give  evidence  concerning  the 
offence and any depositions so taken may be given in evidence against any person who is subsequently 
accused of the offence, if the deponent is dead or incapable of giving evidence or beyond the limits of India. 

336. Evidence of public servants, experts, police officers in certain cases.—Where any document 
or report prepared by a public servant, scientific expert or medical officer is purported to be used as evidence 
in any inquiry, trial or other proceeding under this Sanhita, and— 

(i) such public servant, expert or officer is either transferred, retired, or died; or 

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(ii) such public servant, expert or officer cannot be found or is incapable of giving deposition; or 

(iii) securing presence of such public servant, expert or officer is likely to cause delay in holding 
the inquiry, trial or other proceeding, the Court shall secure presence of successor officer of such public 
servant, expert, or officer who is holding that post at the time of such deposition to give deposition on 
such document or report: 

Provided that no public servant, scientific expert or medical officer shall be called to appear before the 
Court unless the report of such public servant, scientific expert or medical officer is disputed by any of the 
parties of the trial or other proceedings:  

Provided further that the deposition of such successor public servant, expert or officer may be allowed 

through audio-video electronic means. 

CHAPTER XXVI 

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS 

337. Person once convicted or acquitted not to be tried for same offence.—(1) A person who has 
once  been  tried  by  a  Court  of competent jurisdiction for an  offence  and  convicted  or  acquitted  of  such 
offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same 
offence, nor on the same facts for any other offence for which a different charge from the one made against 
him might have been made under sub-section (1) of section 244, or for which he might have been convicted 
under sub-section (2) thereof. 

(2) A person acquitted or convicted of any offence may be afterwards tried, with the consent of the 
State Government, for any distinct offence for which a separate charge might have been made against him 
at the former trial under sub-section (1) of section 243. 

(3) A person convicted of any offence constituted by any act causing consequences which, together 
with such act, constituted a different offence from that of which he was convicted, may be afterwards tried 
for such last-mentioned offence, if the consequences had not happened, or were not known to the Court to 
have happened, at the time when he was convicted. 

(4) A person acquitted or convicted of any offence constituted by any acts may, notwithstanding such 
acquittal or conviction, be subsequently charged with, and tried for, any other offence constituted by the 
same acts which he may have committed if the Court by which he was first tried was not competent to try 
the offence with which he is subsequently charged. 

(5) A person discharged under section 281 shall not be tried again for the same offence except with the 
consent of the Court by which he was discharged or of any other Court to which the first-mentioned Court 
is subordinate.  

(6) Nothing in this section shall affect the provisions of section 26 of the General Clauses Act, 1897 

(10 of 1897) or of section 208 of this Sanhita. 

Explanation.—The dismissal of a complaint, or the discharge of the accused, is not an acquittal for the 

purposes of this section. 

Illustrations. 

(a) A is tried upon a charge of theft as a servant and acquitted. He cannot afterwards, while the acquittal 
remains in force, be charged with theft as a servant, or, upon the same facts, with theft simply, or with 
criminal breach of trust.  

(b) A is tried for causing grievous hurt and convicted. The person injured afterwards dies. A may be 

tried again for culpable homicide. 

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(c) A is charged before the Court of Session and convicted of the culpable homicide of B. A may not 

afterwards be tried on the same facts for the murder of B. 

(d) A is charged by a Magistrate of the first class with, and convicted by him of, voluntarily causing 
hurt to B. A may not afterwards be tried for voluntarily causing grievous hurt to B on the same facts, unless 
the case comes within sub-section (3) of this section. 

(e) A is charged by a Magistrate of the second class with, and convicted by him of, theft of property 

from the person of B. A may subsequently be charged with, and tried for, robbery on the same facts. 

(f) A, B and C are charged by a Magistrate of the first class with, and convicted by him of, robbing D. 

A, B and C may afterwards be charged with, and tried for, dacoity on the same facts. 

338. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor 
in charge of a case may appear and plead without any written authority before any Court in which that case 
is under inquiry, trial or appeal. 

(2) If in any such case any private person instructs his advocate to prosecute any person in any Court, 
the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, 
and the advocate so instructed shall act therein under the directions of the Public Prosecutor or Assistant 
Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence 
is closed in the case. 

339. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may 
permit the prosecution to be conducted by any person other than a police officer below the rank of inspector; 
but  no  person,  other  than  the  Advocate-General  or  Government  Advocate  or  a  Public  Prosecutor  or 
Assistant Public Prosecutor, shall be entitled to do so without such permission: 

Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the 

investigation into the offence with respect to which the accused is being prosecuted. 

(2) Any person conducting the prosecution may do so personally or by an advocate. 

340.  Right  of  person  against  whom  proceedings  are  instituted  to  be  defended.—  Any  person 
accused  of  an  offence  before  a  Criminal  Court,  or  against  whom  proceedings  are  instituted  under  this 
Sanhita, may of right be defended by an advocate of his choice. 

341. Legal aid to accused at State expense in certain cases.—(1) Where, in a trial or appeal before a 
Court, the accused is not represented by an advocate, and where it appears to the Court that the accused has 
not sufficient means to engage an advocate, the Court shall assign an advocate for his defence at the expense 
of the State. 

(2) The High Court may, with the previous approval of the State Government, make rules providing 

for— 

(a) the mode of selecting advocates for defence under sub-section (1); 

(b) the facilities to be allowed to such advocates by the Courts; 

(c)  the  fees  payable  to  such  advocates  by  the  Government,  and  generally,  for  carrying  out  the 

purposes of sub-section (1). 

(3) The State Government may, by notification, direct that, as from such date as may be specified in 
the notification, the provisions of sub-sections (1) and (2) shall apply in relation to any class of trials before 
other Courts in the State as they apply in relation to trials before Courts of Session. 

342.  Procedure  when  corporation  or  registered  society 

is  an  accused.—(1)  In 

this                                  

section,  “corporation”  means  an  incorporated  company  or  other  body  corporate,  and  includes  a  society 
registered under the Societies Registration Act, 1860 (21 of 1860). 

116 

 
(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it 
may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under 
the seal of the corporation. 

(3) Where a representative of a corporation appears, any requirement of this Sanhita that anything shall 
be  done  in  the  presence  of  the  accused  or  shall  be  read  or  stated  or  explained  to  the  accused,  shall  be 
construed as a requirement that that thing shall be done in the presence of the representative or read or 
stated or explained to the representative, and any requirement that the accused shall be examined shall be 
construed as a requirement that the representative shall be examined. 

(4) Where a representative of a corporation does not appear, any such requirement as is referred to in 

sub-section (3) shall not apply. 

(5) Where a statement in writing purporting to be signed by the managing director of the corporation 
or by any person duly authorised by him (by whatever name called) having, or being one of the persons 
having the management of the affairs of the corporation to the effect that the person named in the statement 
has been appointed as the representative of the corporation for the purposes of this section, is filed, the 
Court shall, unless the contrary is proved, presume that such person has been so appointed. 

(6) If a question arises as to whether any person, appearing as the representative of a corporation in an 
inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court. 

343.  Tender  of  pardon  to  accomplice.—(1)  With  a  view  to  obtaining  the  evidence  of  any  person 
supposed to have been directly or indirectly concerned in or privy to an offence to which this section applies, 
the Chief Judicial Magistrate at any stage of the investigation or inquiry into, or the trial of, the offence, 
and the Magistrate of the first class inquiring into or trying the offence, at any stage of the inquiry or trial, 
may tender a pardon to such person on condition of his making a full and true disclosure of the whole of 
the  circumstances  within  his  knowledge  relative  to  the  offence  and  to  every  other  person  concerned, 
whether as principal or abettor, in the commission thereof. 

(2) This section applies to— 

(a)  any  offence  triable  exclusively  by  the  Court  of  Session  or  by  the  Court  of  a  Special  Judge 

appointed under any other law for the time being in force; 

(b) any offence punishable with imprisonment which may extend to seven years or with a more 

severe sentence. 

(3) Every Magistrate who tenders a pardon under sub-section (1) shall record— 

(a) his reasons for so doing; 

(b) whether the tender was or was not accepted by the person to whom it was made, and shall, on 

application made by the accused, furnish him with a copy of such record free of cost. 

(4) Every person accepting a tender of pardon made under sub-section (1)— 

(a) shall be examined as a witness in the Court of the Magistrate taking cognizance of the offence 

and in the subsequent trial, if any; 

(b) shall, unless he is already on bail, be detained in custody until the termination of the trial. 

(5) Where a person has accepted a tender of pardon made under sub-section (1) and has been examined 
under sub-section (4), the Magistrate taking cognizance of the offence shall, without making any further 
inquiry in the case— 

(a) commit it for trial— 

(i) to the Court of Session if the offence is triable exclusively by that Court or if the Magistrate 

taking cognizance is the Chief Judicial Magistrate; 

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(ii) to a Court of Special Judge appointed under any other law for the time being in force, if the 

offence is triable exclusively by that Court; 

(b) in any other case, make over the case to the Chief Judicial Magistrate who shall try the case 

himself. 

344. Power to direct tender of pardon.—At any time after commitment of a case but before judgment 
is passed, the Court to which the commitment is made may, with a view to obtaining at the trial the evidence 
of any person supposed to have been directly or indirectly concerned in, or privy to, any such offence, 
tender a pardon on the same condition to such person. 

345. Trial of person not complying with conditions of pardon.—(1) Where, in regard to a person 
who has accepted a tender of pardon made under section 343 or section 344, the Public Prosecutor certifies 
that  in  his  opinion  such  person  has,  either  by  wilfully  concealing  anything  essential  or  by  giving  false 
evidence, not complied with the condition on which the tender was made, such person may be tried for the 
offence in respect of which the pardon was so tendered or for any other offence of which he appears to have 
been guilty in connection with the same matter, and also for the offence of giving false evidence: 

Provided that such person shall not be tried jointly with any of the other accused: 

Provided further that such person shall not be tried for the offence of giving false evidence except with 
the sanction of the High Court, and nothing contained in section 215 or section 379 shall apply to that 
offence. 

(2) Any statement made by such person accepting the tender of pardon and recorded by a Magistrate 
under section 183 or by a Court under sub-section (4) of section 343 may be given in evidence against him 
at such trial. 

(3) At such trial, the accused shall be entitled to plead that he has complied with the condition upon 
which such tender was made; in which case it shall be for the prosecution to prove that the condition has 
not been complied with. 

(4) At such trial, the Court shall— 

(a) if it is a Court of Session, before the charge is read out and explained to the accused; 

(b) if it is the Court of a Magistrate, before the evidence of the witnesses for the prosecution is 

taken,  

ask the accused whether he pleads that he has complied with the conditions on which the tender of pardon 
was made. 

(5) If the accused does so plead, the Court shall record the plea and proceed with the trial and it shall, 
before passing judgment in the case, find whether or not the accused has complied with the conditions of 
the pardon, and, if  it finds  that  he  has so  complied, it  shall,  notwithstanding  anything  contained in this 
Sanhita, pass judgment of acquittal. 

346. Power to postpone or adjourn proceedings.—(1) In every inquiry or trial the proceedings shall 
be continued from day-to-day basis until all the witnesses in attendance have been examined, unless the 
Court  finds  the  adjournment  of  the  same  beyond  the  following  day  to  be  necessary  for  reasons  to  be 
recorded: 

Provided that when the inquiry or trial relates to an offence under section 64, section 65, section 66, 
section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) the 
inquiry or trial shall be completed within a period of two months from the date of filing of the chargesheet. 

(2) If the Court, after taking cognizance of an offence, or commencement of trial, finds it necessary or 
advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for 

118 

 
reasons to  be recorded,  postpone  or  adjourn the  same  on such  terms  as  it thinks  fit,  for such  time  as it 
considers reasonable, and may by a warrant remand the accused if in custody: 

Provided  that  no  Court  shall  remand  an  accused  person  to  custody  under  this  section  for  a  term 

exceeding fifteen days at a time:  

Provided  further  that  when  witnesses  are  in  attendance,  no  adjournment  or  postponement  shall  be 

granted, without examining them, except for special reasons to be recorded in writing: 

Provided also that no adjournment shall be granted for the purpose only of enabling the accused person 

to show cause against the sentence proposed to be imposed on him:  

Provided also that— 

(a) no adjournment shall be granted at the request of a party, except where the circumstances are 

beyond the control of that party; 

(b) where the circumstances are beyond the control of a party, not more than two adjournments 
may be granted by the Court after hearing the objections of the other party and for the reasons to be 
recorded in writing; 

(c)  the  fact  that  the  advocate  of  a  party  is  engaged  in  another  Court,  shall  not  be  a  ground  for 

adjournment; 

(d) where a witness is present in Court but a party or his advocate is not present or the party or his 
advocate though present in Court, is not ready to examine or cross-examine the witness, the Court may, 
if thinks fit, record the statement of the witness and pass such orders as it thinks fit dispensing with the 
examination-in-chief or cross-examination of the witness, as the case may be. 

Explanation 1.—If sufficient evidence has been obtained to raise a suspicion that the accused may have 
committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a 
reasonable cause for a remand.  

Explanation  2.—The  terms  on  which  an  adjournment  or  postponement  may  be  granted  include,  in 

appropriate cases, the payment of costs by the prosecution or the accused. 

347. Local inspection.—(1) Any Judge or Magistrate may, at any stage of any inquiry, trial or other 
proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have 
been committed, or any other place which it is in his opinion necessary to view for the purpose of properly 
appreciating  the  evidence  given  at  such  inquiry  or  trial,  and  shall  without  unnecessary  delay  record  a  
memorandum of any relevant facts observed at such inspection. 

(2) Such memorandum shall form part of the record of the case and if the prosecutor, complainant or 
accused or any other party to the case, so desires, a copy of the memorandum shall be furnished to him free 
of cost. 

348. Power to summon material witness, or examine person present.—Any Court may, at any stage 
of any inquiry, trial or other proceeding under this Sanhita, summon any person as a witness, or examine 
any person in attendance, though not summoned as a witness, or re-call and re-examine any person already 
examined;  and  the  Court  shall  summon  and  examine  or  re-call  and  re-examine  any  such  person  if  his 
evidence appears to it to be essential to the just decision of the case. 

349. Power of Magistrate to order person to give specimen signatures or handwriting, etc.—If a 
Magistrate of the first class is satisfied that, for the purposes of any investigation or proceeding under this 
Sanhita, it is expedient to direct any person, including an accused person, to give specimen signatures or 
finger impressions or handwriting or voice sample, he may make an order to that effect and in that case the 
person to whom the order relates shall be produced or shall attend at the time and place specified in such 
order and shall give his specimen signatures or finger impressions or handwriting or voice sample: 

119 

 
Provided that no order shall be made under this section unless the person has at some time been arrested 

in connection with such investigation or proceeding: 

Provided further that the Magistrate may, for the reasons to be recorded in writing, order any person to 

give such specimen or sample without him being arrested. 

350. Expenses of complainants and witnesses.—Subject to any rules made by the State Government, 
any Criminal Court may, if it thinks fit, order payment, on the part of the Government, of the reasonable 
expenses of any complainant or witness attending for the purposes of any inquiry, trial or other proceeding 
before such Court under this Sanhita. 

351. Power to examine accused.—(1) In every inquiry or trial, for the purpose of enabling the accused 

personally to explain any circumstances appearing in the evidence against him, the Court— 

(a) may at any stage, without previously warning the accused put such questions to him as the 

Court considers necessary; 

(b) shall, after the witnesses for the prosecution have been examined and before he is called on 

for his defence, question him generally on the case: 

Provided that in a summons case, where the Court has dispensed with the personal attendance of 

the accused, it may also dispense with his examination under clause (b). 

(2) No oath shall be administered to the accused when he is examined under sub-section (1). 

(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or 

by giving false answers to them. 

(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put 
in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers 
may tend to show he has committed. 

(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which 
are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient 
compliance of this section. 

352. Oral arguments and memorandum of arguments.—(1) Any party to a proceeding may, as soon 
as may be, after the close of his evidence, address concise oral arguments, and may, before he concludes 
the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct 
headings, the arguments in support of his case and every such memorandum shall form part of the record. 

(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party. 

(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments 

unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment. 

(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such 

arguments. 

353.  Accused  person  to  be  competent  witness.—(1)  Any  person  accused  of  an  offence  before  a 
Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of 
the charges made against him or any person charged together with him at the same trial: 

Provided that— 

(a) he shall not be called as a witness except on his own request in writing; 

(b) his failure to give evidence shall not be made the subject of any comment by any of the parties 
or the Court or give rise to any presumption against himself or any person charged together with him 
at the same trial. 

120 

 
(2) Any person against whom proceedings are instituted in any Criminal Court under section 101, or 
section 126, or section 127, or section 128, or section 129, or under Chapter X or under Part B, Part C or 
Part D of Chapter XI, may offer himself as a witness in such proceedings: 

Provided that in proceedings under section 127, section 128, or section 129, the failure of such person 
to give evidence shall not be made the subject of any comment by any of the parties or the Court or give 
rise to any presumption against him or any other person proceeded against together with him at the same 
inquiry. 

354. No influence to be used to induce disclosure.—Except as provided in sections 343 and 344, no 

influence, by means of any promise or threat or otherwise, shall be used to an accused person to induce 
him to disclose or withhold any matter within his knowledge. 

355. Provision for inquiries and trial being held in absence of accused in certain cases.—(1) At 
any stage of an inquiry or trial under this Sanhita, if the Judge or Magistrate is satisfied, for reasons to be 
recorded, that the personal attendance of the accused before the Court is not necessary in the interests of 
justice, or that the accused persistently disturbs the proceedings in Court, the Judge or Magistrate may, if 
the accused is represented by an advocate, dispense with his attendance and proceed with such inquiry or 
trial in his absence, and may, at any subsequent stage of the proceedings, direct the personal attendance of 
such accused. 

(2) If the accused in any such case is not represented by an advocate, or if the Judge or Magistrate 
considers his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, 
either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately. 

Explanation.—For the purpose of this section, personal attendance of the accused includes attendance 

through audio-video electronic means. 

356. Inquiry, trial or judgment in absentia of proclaimed offender.—(1) Notwithstanding anything 
contained  in  this  Sanhita  or  in  any  other  law  for  the  time  being  in  force,  when  a  person  declared  as  a 
proclaimed offender, whether or not charged jointly, has absconded to evade trial and there is no immediate 
prospect of arresting him, it shall be deemed to operate as a waiver of the right of such person to be present 
and tried in person, and the Court shall, after recording reasons in writing, in the interest of justice, proceed 
with the trial in the like manner and with like effect as if he was present, under this Sanhita and pronounce 
the judgment: 

Provided that the Court shall not commence the trial unless a period of ninety days has lapsed from the 

date of framing of the charge. 

(2) The  Court  shall  ensure  that  the  following  procedure  has  been  complied  with  before  proceeding 

under sub-section (1), namely: — 

(i) issuance of two consecutive warrants of arrest within the interval of at least thirty days; 

(ii) publish in a national or local daily newspaper circulating in the place of his last known address 
of residence, requiring the proclaimed offender to appear before the Court for trial and informing him 
that  in  case  he  fails  to  appear  within  thirty  days  from  the  date  of  such  publication,  the  trial  shall 
commence in his absence; 

(iii) inform his relative or friend, if any, about the commencement of the trial; and 

(iv) affix information about the commencement of the trial on some conspicuous part of the house 
or homestead in which such person ordinarily resides and display in the police station of the district of 
his last known address of residence. 

121 

 
 
(3) Where the proclaimed offender is not represented by any advocate, he shall be provided with an 

advocate for his defence at the expense of the State. 

(4) Where the Court, competent to try the case or commit for trial, has examined any witnesses for 
prosecution  and  recorded  their  depositions,  such  depositions  shall  be  given  in  evidence  against  such 
proclaimed offender on the inquiry into, or in trial for, the offence with which he is charged: 

Provided that if the proclaimed offender is arrested and produced or appears before the Court during 
such trial, the Court may, in the interest of justice, allow him to examine any evidence which may have 
been taken in his absence. 

(5) Where a trial is related to a person under this section, the deposition and examination of the witness, 
may, as far as practicable, be recorded by audio-video electronic means preferably mobile phone and such 
recording shall be kept in such manner as the Court may direct. 

(6)  In  prosecution  for  offences  under  this  Sanhita,  voluntary  absence  of  accused  after  the  trial  has 
commenced under sub-section (1) shall not prevent continuing the trial including the pronouncement of the 
judgment even if he is arrested and produced or appears at the conclusion of such trial. 

(7) No appeal shall lie against the judgment under this section unless the proclaimed offender presents 

himself before the Court of appeal: 

Provided that no appeal against conviction shall lie after the expiry of three years from the date of the 

judgment. 

(8) The State may, by notification, extend the provisions of this section to any absconder mentioned in 

sub-section (1) of section 84. 

357.  Procedure  where  accused  does  not  understand  proceedings.—If  the  accused,  though  not  a 
person of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the 
inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, 
the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the 
High Court shall pass thereon such order as it thinks fit. 

358. Power to proceed against other persons appearing to be guilty of offence.—(1) Where, in the 
course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the 
accused has committed any offence for which such person could be tried together with the accused,  the 
Court may proceed against such person for the offence which he appears to have committed. 

(2) Where such person is not attending the Court, he may be arrested or summoned, as the circumstances 

of the case may require, for the purpose aforesaid. 

(3) Any person attending the Court, although not under arrest or upon a summons, may be detained by 
such Court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. 

(4) Where the Court proceeds against any person under sub-section (1), then— 

(a) the proceedings in respect of such person shall be commenced afresh, and the witnesses re-

heard; 

(b) subject to the provisions of clause (a), the case may proceed as if such person had been an 
accused person when the Court took  cognizance of the offence upon which the inquiry or trial was 
commenced. 

122 

 
 
 
 
359.  Compounding  of  offences.—(1)  The  offences  punishable  under  the  sections  of  the  Bharatiya 
Nyaya Sanhita, 2023 (45 of 2023) specified in the first two columns of the Table next following may be 
compounded by the persons mentioned in the third column of that Table: — 

Offence 

1 

Enticing or taking away or 
detaining with criminal intent a 
married woman. 

Voluntarily causing hurt. 

Voluntarily causing hurt on 
provocation. 

Voluntarily causing grievous hurt 
on grave and sudden provocation. 

TABLE 

Section of the Bharatiya Nyaya 
Sanhita, 2023 applicable 

Person by whom offence 
may be compounded 

2 

84 

115(2) 

122(1) 

122(2) 

3 

The husband of the woman 
and the woman. 

The person to whom the hurt 
is caused. 

The person to whom the hurt 
is caused. 

The person to whom the hurt 
is caused. 

Wrongfully restraining or 
confining any person. 

126(2), 127(2) 

The person restrained or 
confined. 

Wrongfully confining a person for 
three days or more. 

Wrongfully confining a person for 
ten days or more. 

Wrongfully confining a person in 
secret. 

127(3) 

The person confined. 

127(4) 

The person confined. 

127(6) 

The person confined. 

Assault or use of criminal force. 

131,133,136 

Uttering words, etc., with 
deliberate intent to wound the 
religious feelings of any person. 

Theft. 

Dishonest misappropriation of 
property. 

Criminal breach of trust by a 
carrier, wharfinger, etc. 

302 

303(2) 

314 

316(3) 

123 

The person assaulted or to 
whom criminal force is used. 

The person whose religious 
feelings are intended to be 
wounded. 

The owner of the property 
stolen. 

The owner of the property 
misappropriated. 

The owner of the property in 
respect of which the breach 
of trust has been committed. 

 
 
 
 
 
1 

      2 

3 

Dishonestly receiving stolen property knowing it to 
be stolen. 

317(2) 

The owner of the property stolen. 

Assisting in the concealment or disposal of stolen 
property, knowing it to be stolen. 

317(5) 

The owner of the property stolen. 

Cheating. 

318(2) 

The person cheated. 

Cheating by personation. 

319(2) 

The person cheated. 

Fraudulent removal or concealment of property, 
etc., to prevent distribution among creditors. 

Fraudulently preventing from being made available 
for his creditors a debt or demand due to the 
offender. 

320 

321 

The creditors who are affected 
thereby. 

The creditors who are affected 
thereby. 

Fraudulent execution of deed of transfer containing 
false statement of consideration. 

322 

The person affected thereby. 

Fraudulent removal or concealment of property. 

323 

The person affected thereby. 

Mischief, when the only loss or damage caused is 
loss or damage to a private person. 

324(2), 324(4) The person to whom the loss or 
damage is caused. 

Mischief by killing or maiming animal. 

325 

The owner of the animal. 

Mischief by injury to works of irrigation by 
wrongfully diverting water when the only loss or 
damage caused is loss or damage to private person. 

326(a) 

The person to whom the loss or 
damage is caused. 

Criminal trespass. 

House-trespass. 

329(3) 

The person in possession of the 
property trespassed upon. 

329(4) 

The person in possession of the 
property trespassed upon. 

House-trespass to commit an offence (other than 
theft) punishable with imprisonment. 

332(c) 

The person in possession of the 
house trespassed upon. 

Using a false trade or property mark. 

345(3) 

The person to whom loss or injury is 
caused by such use. 

Counterfeiting a property mark used by another. 

347(1) 

The person to whom loss or injury is 
caused by such use. 

124 

 
 
 
 
 
1 

Selling goods marked with a counterfeit property 
mark. 

2 

349 

3 

The person to whom loss or injury is 
caused by such use. 

Criminal intimidation. 

351(2), 351(3)  The person intimidated. 

Insult intended to provoke a breach of peace. 

Inducing person to believe himself an object of 
divine displeasure. 

Defamation, except such cases as are specified 
against section 356(2) of the Bharatiya Nyaya 
Sanhita, 2023, (45 of 2023) column 1 of the Table 
under sub-section (2). 

352 

354 

The person insulted. 

The person induced. 

356(2) 

The person defamed. 

Printing or engraving matter, knowing it to be 
defamatory. 

356(3) 

The person defamed. 

Sale of printed or engraved substance containing 
defamatory matter, knowing it to contain such 
matter. 

Criminal breach of contract of service. 

356(4) 

The person defamed. 

357 

The person with whom the offender 
has contracted. 

(2) The  offences  punishable  under the  sections  of  the  Bharatiya  Nyaya  Sanhita,  2023  (45  of  2023) 
specified in the first two columns of the Table next following may, with the permission of the Court before 
which any prosecution for such offence is pending, be compounded by the persons mentioned in the third 
column of that Table:.— 

Offence 

                        1      

Table 

Section of the 
Bharatiya Nyaya 
Sanhita applicable 
               2 

Word, gesture or act intended to insult the 
modesty of a woman. 

Marrying again during the life-time of a 
husband or wife. 

Causing miscarriage. 

79 

82(1) 

88 

Voluntarily causing grievous hurt. 

117(2) 

Person by whom offence may 
be compounded 

                     3 

The woman whom it was 
intended to insult or whose 
privacy was intruded upon. 

The husband or wife of the 
person so marrying. 

The woman to whom 
miscarriage is caused. 

The person to whom hurt is 
caused. 

125 

 
 
 
 
1 

Causing hurt by doing an act so rashly and 
negligently as to endanger human life or 
the personal safety of others. 

Causing grievous hurt by doing an act so 
rashly and negligently as to endanger 
human life or the personal safety of others. 

Assault or criminal force in attempting 
wrongfully to confine a person. 

Theft, by clerk or servant of property in 
possession of master. 

Criminal breach of trust. 

Criminal breach of trust by a clerk or 
servant. 

Cheating a person whose interest the 
offender was bound, either by law or by 
legal contract, to protect. 

Cheating and dishonestly inducing delivery 
of property or the making, alteration or 
destruction of a valuable security. 

Defamation against the President or the 
Vice-President or the Governor of the State 
or the Administrator of the Union territory 
or a Minister in respect of his public 
functions when instituted upon a complaint 
made by the public prosecutor. 

2 

125(a) 

3 

The person to whom hurt is 
caused. 

125(b) 

The person to whom hurt is 
caused. 

135 

306 

316(2) 

316(4) 

The person assaulted or to 
whom the force was used. 

The owner of the property 
stolen. 

The owner of the property in 
respect of which breach of 
trust has been committed. 

The owner of the property in 
respect of which the breach of 
trust has been committed. 

318(3) 

The person cheated. 

318(4) 

The person cheated. 

356(2) 

The person defamed. 

(3) When an offence is compoundable under this section, the abetment of such offence or an attempt to 

commit  such  offence  (when  such  attempt  is  itself  an  offence)  or  where  the  accused  is  liable  under                            
sub-section  (5)  of section  3 or section  190 of  the  Bharatiya  Nyaya  Sanhita,  2023  (45  of  2023),  may  be 
compounded in like manner. 

(4)     (a) When the  person  who  would  otherwise  be  competent to  compound  an  offence  under this 
section  is  a  child  or  of  unsound  mind,  any  person  competent  to  contract  on  his  behalf  may,  with  the 
permission of the Court, compound such offence; 

(b) When the person who would otherwise be competent to compound an offence under this section is 
dead, the legal representative, as defined in the Code of Civil Procedure, 1908 (5 of 1908) of such person 
may, with the consent of the Court, compound such offence. 

126 

 
(5) When the accused has been committed for trial or when he has been convicted and an appeal is 
pending, no composition for the offence shall be allowed without the leave of the Court to which he is 
committed, or, as the case may be, before which the appeal is to be heard. 

(6) A High Court or Court of Session acting in the exercise of its powers of revision under section 442 
may allow any person to compound any offence which such person is competent to compound under this 
section. 

(7) No offence shall be compounded if the accused is, by reason of a previous conviction, liable either 

to enhanced punishment or to a punishment of a different kind for such offence. 

(8) The composition of an offence under this section shall have the effect of an acquittal of the accused 

with whom the offence has been compounded. 

(9) No offence shall be compounded except as provided by this section. 

360. Withdrawal from prosecution.—The Public Prosecutor or Assistant Public Prosecutor in charge 
of a case may, with the consent of the Court, at any time before the judgment is pronounced, withdraw from 
the prosecution of any person either generally or in respect of any one or more of the offences for which he 
is tried; and, upon such withdrawal,— 

(a) if it is made before a charge has been framed, the accused shall be discharged in respect of such 

offence or offences; 

(b) if it is made after a charge has been framed, or when under this Sanhita no charge is required, 

he shall be acquitted in respect of such offence or offences: 

Provided that where such offence— 

(i) was against any law relating to a matter to which the executive power of the Union extends; or 

(ii) was investigated under any Central Act; or 

(iii) involved the misappropriation or destruction of, or damage to, any property belonging to the 

Central Government; or 

(iv) was committed by a person in the service of the Central Government while acting or purporting 

to act in the discharge of his official duty,  

and the Prosecutor in charge of the case has not been appointed by the Central Government, he shall not, 
unless  he  has  been  permitted  by  the  Central  Government  to  do  so,  move  the  Court  for  its  consent  to 
withdraw  from  the  prosecution  and  the  Court  shall,  before  according  consent,  direct  the  Prosecutor  to 
produce before it the permission granted by the Central Government to withdraw from the prosecution: 

Provided  further that  no  Court  shall  allow  such  withdrawal  without  giving  an  opportunity  of  being 

heard to the victim in the case. 

361. Procedure in cases which Magistrate cannot dispose of.—(1) If, in the course of any inquiry 
into  an  offence  or  a  trial  before  a  Magistrate  in  any  district,  the  evidence  appears  to  him  to  warrant  a 
presumption-- 

(a) that he has no jurisdiction to try the case or commit it for trial; or 

(b) that the case is one which should be tried or committed for trial by some other Magistrate in the 

district; or 

(c) that the case should be tried by the Chief Judicial Magistrate,  

he shall stay the proceedings and submit the case, with a brief report explaining its nature, to the Chief 
Judicial Magistrate or to such other Magistrate, having jurisdiction, as the Chief Judicial Magistrate directs. 

127 

 
(2) The Magistrate to whom the case is submitted may, if so empowered, either try the case himself, or 

refer it to any Magistrate subordinate to him having jurisdiction, or commit the accused for trial. 

362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be 
committed.—If, in any inquiry into an offence or a trial before a Magistrate, it appears to him at any stage 
of the proceedings before signing the judgment that the case is one which ought to be tried by the Court of 
Session, he shall commit it to that Court under the provisions hereinbefore contained and thereupon the 
provisions of Chapter XIX shall apply to the commitment so made. 

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

property.—(1)  Where  a  person,  having  been  convicted  of  an  offence  punishable  under  Chapter  X  or 
Chapter XVII of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), with imprisonment for a term of three 
years  or  upwards,  is  again  accused  of  any  offence  punishable  under  either  of  those  Chapters  with 
imprisonment for a term of three years or upwards, and the Magistrate before whom the case is pending is 
satisfied that there is ground for presuming that such person has committed the offence, he shall be sent for 
trial  to  the  Chief  Judicial  Magistrate  or  committed  to  the  Court  of  Session,  unless  the  Magistrate  is 
competent to try the case and is of opinion that he can himself pass an adequate sentence if the accused is 
convicted. 

(2) When any person is sent for trial to the Chief Judicial Magistrate or committed to the Court of 
Session under sub-section (1), any other person accused jointly with him in the same inquiry or trial shall 
be similarly sent or committed, unless the Magistrate discharges such other person under section 262 or 
section 268, as the case may be. 

364.  Procedure  when  Magistrate  cannot  pass  sentence  sufficiently  severe.—(1)  Whenever  a 
Magistrate is of opinion, after hearing the evidence for the prosecution and the accused, that the accused is 
guilty, and that he ought to receive a punishment different in kind from, or more severe than, that which 
such Magistrate is empowered to inflict, or, being a Magistrate of the second class, is of opinion that the 
accused ought to be required to execute a bond or bail bond under section 125, he may record the opinion 
and  submit  his  proceedings,  and  forward  the  accused,  to  the  Chief  Judicial  Magistrate  to  whom  he  is 
subordinate. 

(2)  When  more  accused  persons  than  one  are  being  tried  together,  and  the  Magistrate  considers  it 
necessary  to  proceed  under  sub-section  (1),  in  regard  to  any  of  such  accused,  he  shall  forward  all  the 
accused, who are in his opinion guilty, to the Chief Judicial Magistrate. 

(3) The Chief Judicial Magistrate to whom the proceedings are submitted may, if he thinks fit, examine 
the parties and recall and examine any witness who has already given evidence in the case and may call for 
and take any further evidence and shall pass such judgment, sentence or order in the case as he thinks fit, 
and is according to law. 

365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by 
another.—(1) Whenever any Judge or Magistrate, after having heard and recorded the whole or any part 
of the evidence in any inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another 
Judge or Magistrate who has and who exercises such jurisdiction, the Judge or Magistrate so succeeding 
may act on the evidence so recorded by his predecessor, or partly recorded by his predecessor and partly 
recorded by himself: 

Provided that if the succeeding Judge or Magistrate is of the opinion that further examination of any of 
the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-
summon any such witness, and after such further examination, cross-examination and re-examination, if 
any, as he may permit, the witness shall be discharged. 

128 

 
(2) When a case is transferred under the provisions of this Sanhita from one Judge to another Judge or 
from one Magistrate to another Magistrate, the former shall be deemed to cease to exercise jurisdiction 
therein, and to be succeeded by the latter, within the meaning of sub-section (1). 

(3) Nothing in this section applies to summary trials or to cases in which proceedings have been stayed 
under section 361 or in which proceedings have been submitted to a superior Magistrate under section 364. 

366. Court to be open.—(1) The place in which any Criminal Court is held for the purpose of inquiring 
into or trying any offence shall be deemed to be an open Court, to which the public generally may have 
access, so far as the same can conveniently contain them: 

Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry 
into, or trial of, any particular case, that the public generally, or any particular person, shall not have access 
to, or be or remain in, the room or building used by the Court. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  the  inquiry  into  and  trial  of  rape  or  an 
offence  under section  64, section  65, section  66, section  67, section  68, section  70 or section  71 of  the 
Bharatiya  Nyaya  Sanhita,  2023  (45  of  2023)  or  under sections  4, 6, 8 or section  10 of  the  Protection  of 
Children from Sexual Offences Act, 2012 (32 of 2012) shall be conducted in camera: 

Provided that the presiding Judge may, if he thinks fit, or on an application made by either of the parties, 

allow any particular person to have access to, or be or remain in, the room or building used by the Court: 

Provided further that  in  camera trial  shall  be  conducted  as far  as  practicable  by  a  woman Judge or 

Magistrate. 

(3) Where any proceedings are held under sub-section (2), it shall not be lawful for any person to print 
or publish any matter in relation to any such proceedings except with the previous permission of the Court: 

Provided that the ban on printing or publication of trial proceedings in relation to an offence of rape 

may be lifted, subject to maintaining confidentiality of name and address of the parties. 

CHAPTER XXVII 

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND 

367. Procedure in case of accused being person of unsound mind.—(1) When a Magistrate holding 
an  inquiry  has  reason  to  believe  that  the  person  against  whom  the  inquiry  is  being  held  is  a  person  of 
unsound mind and consequently incapable of making his defence, the Magistrate shall inquire into the fact 
of such unsoundness of mind, and shall cause such person to be examined by the civil surgeon of the district 
or  such  other  medical  officer  as  the  State  Government  may  direct,  and  thereupon  shall  examine  such 
surgeon or other medical officer as a witness, and shall reduce the examination to writing. 

(2) If the civil surgeon finds the accused to be a person of unsound mind, he shall refer such person to 
a  psychiatrist  or  clinical  psychologist  of  Government  hospital  or  Government  medical  college  for care, 
treatment and prognosis of the condition and the psychiatrist or clinical psychologist, as the case may be, 
shall  inform  the  Magistrate  whether  the  accused  is  suffering  from  unsoundness  of  mind  or  intellectual 
disability: 

Provided  that  if  the  accused  is  aggrieved  by  the  information  given  by  the  psychiatric  or  clinical 
psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board 
which shall consist of— 

(a) head of psychiatry unit in the nearest Government hospital; and 

(b) a faculty member in psychiatry in the nearest Government medical college. 

(3) Pending such examination and inquiry, the Magistrate may deal with such person in accordance 

with the provisions of section 369. 

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(4) If the Magistrate is informed that the person referred to in sub-section (2) is a person of unsound 
mind,  the  Magistrate  shall  further  determine  whether  the  unsoundness  of  mind  renders  the  accused 
incapable of entering defence and if the accused is found so incapable, the Magistrate shall record a finding 
to that effect, and shall examine the record of evidence produced by the prosecution and after hearing the 
advocate of the accused but without questioning the accused, if he finds that no prima facie case is made 
out against the accused, he shall, instead of postponing the enquiry, discharge the accused and deal with 
him in the manner provided under section 369: 

Provided that if the Magistrate finds that a prima facie case is made out against the accused in respect 
of whom a finding of unsoundness of mind is arrived at, he shall postpone the proceeding for such period, 
as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused, 
and order the accused to be dealt with as provided under section 369. 

(5) If the Magistrate is informed that the person referred to in sub-section (2) is a person with intellectual 
disability,  the  Magistrate  shall  further  determine  whether  the  intellectual  disability  renders  the  accused 
incapable of entering defence, and if the accused is found so incapable, the Magistrate shall order closure 
of the inquiry and deal with the accused in the manner provided under section 369. 

368. Procedure in case of person of unsound mind tried before Court.—(1) If at the trial of any 
person before a Magistrate or Court of Session, it appears to the Magistrate or Court that such person is of 
unsound mind and consequently incapable of making his defence, the Magistrate or Court shall, in the first 
instance, try the fact of such unsoundness of mind and incapacity, and if the Magistrate or Court, after 
considering such medical and other evidence as may be produced before him or it, is satisfied of the fact, 
he or it shall record a finding to that effect and shall postpone further proceedings in the case. 

(2) If during trial, the Magistrate or Court of Session finds the accused to be of unsound mind, he or it 
shall refer such person to a psychiatrist or clinical psychologist for care and treatment, and the psychiatrist 
or clinical psychologist, as the case may be, shall report to the Magistrate or Court whether the accused is 
suffering from unsoundness of mind: 

Provided  that  if  the  accused  is  aggrieved  by  the  information  given  by  the  psychiatrist  or  clinical 
psychologist, as the case may be, to the Magistrate, he may prefer an appeal before the Medical Board 
which shall consist of— 

(a) head of psychiatry unit in the nearest Government hospital; and 

(b) a faculty member in psychiatry in the nearest Government medical college. 

(3) If the Magistrate or Court is informed that the person referred to in sub-section (2) is a person of 
unsound mind, the Magistrate or Court shall further determine whether the unsoundness of mind renders 
the accused incapable of entering defence and if the accused is found so incapable, the Magistrate or Court 
shall record a finding to that effect and shall examine the record of evidence produced by the prosecution 
and after hearing the advocate of the accused but without questioning the accused, if the Magistrate or Court 
finds that no prima facie case is made out against the accused, he or it shall, instead of postponing the trial, 
discharge the accused and deal with him in the manner provided under section 369: 

Provided that if the Magistrate or Court finds that a prima facie case is made out against the accused in 
respect of whom a finding of unsoundness of mind is arrived at, he shall postpone the trial for such period, 
as in the opinion of the psychiatrist or clinical psychologist, is required for the treatment of the accused. 

(4) If the Magistrate or Court finds that a prima facie case is made out against the accused and he is 
incapable of entering defence by reason of intellectual disability, he or it shall not hold the trial and order 
the accused to be dealt with in accordance with section 369. 

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369. Release of person of unsound mind pending investigation or trial.—(1) Whenever a person if 
found under section 367 or section 368 to be incapable of entering defence by reason of unsoundness of 
mind or intellectual disability, the Magistrate or Court, as the case may be, shall, whether the case is one in 
which bail may be taken or not, order release of such person on bail: 

Provided that the accused is suffering from unsoundness of mind or intellectual disability which does 
not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric 
treatment from  the  nearest  medical  facility  and to  prevent  from  doing  injury  to  himself  or  to  any  other 
person. 

(2) If the case is one in which, in the opinion of the Magistrate or Court, as the case may be, bail cannot 
be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such 
a place where regular psychiatric treatment can be provided, and shall report the action taken to the State 
Government: 

Provided that no order for the detention of the accused in a public mental health establishment shall be 
made otherwise than in accordance with such  rules as the State Government may have  made under the 
Mental Healthcare Act, 2017 (10 of 2017). 

(3) Whenever a person is found under section 367 or section 368 to be incapable of entering defence 
by reason of unsoundness of mind or intellectual disability, the Magistrate or Court, as the case may be, 
shall keeping in view the nature of the act committed and the extent of unsoundness of mind or intellectual 
disability, further determine if the release of the accused can be ordered: 

Provided that— 

(a) if on the basis of medical opinion or opinion of a specialist, the Magistrate or Court, as the case 
may be, decide to order discharge of the accused, as provided under section 367 or section 368, such 
release may be ordered, if sufficient security is given that the accused shall be prevented from doing 
injury to himself or to any other person; 

(b) if the Magistrate or Court, as the case may be, is of the opinion that discharge of the accused 
cannot be ordered, the transfer of the accused to a residential facility for persons with unsoundness of 
mind  or  intellectual  disability  may  be  ordered  wherein  the  accused  may  be  provided  care  and 
appropriate education and training. 

370.  Resumption  of  inquiry  or  trial.—(1)  Whenever  an  inquiry  or  a  trial  is  postponed  under                                  

section 367 or section 368, the Magistrate or Court, as the case may be, may at any time after the person 
concerned has ceased to be of unsound mind, resume the inquiry or trial and require the accused to appear 
or be brought before such Magistrate or Court. 

(2) When the accused has been released under section 369, and the sureties for his appearance produce 
him to the officer whom the Magistrate or Court appoints in this behalf, the certificate of such officer that 
the accused is capable of making his defence shall be receivable in evidence. 

371.  Procedure  on  accused  appearing  before  Magistrate  or  Court.—(1)  If,  when  the  accused 
appears or is again brought before the Magistrate or Court, as the case may be, the Magistrate or Court 
considers him capable of making his defence, the inquiry or trial shall proceed. 

(2) If the Magistrate or Court considers the accused to be still incapable of making his defence, the 
Magistrate or Court shall act according to the provisions of section 367 or section 368, as the case may be, 
and if the accused is found to be of unsound mind and consequently incapable of making his defence, shall 
deal with such accused in accordance with the provisions of section 369. 

372. When accused appears to have been of sound mind.—When the accused appears to be of sound 
mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that 
there is reason to believe that the accused committed an act, which, if he had been of sound mind, would 

131 

 
have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness 
of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate 
shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for 
trial before the Court of Session. 

373. Judgment of acquittal on ground of unsoundness of mind.—Whenever any person is acquitted 
upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of 
unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that 
it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not. 

374. Person  acquitted on  ground  of  unsoundness of  mind to  be  detained in  safe  custody.—(1) 
Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court 
before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have 
constituted an offence,— 

(a) order such person to be detained in safe custody in such place and manner as the Magistrate or 

Court thinks fit; or 

(b) order such person to be delivered to any relative or friend of such person. 

(2) No order for the detention of the accused in a public mental health establishment shall be made 
under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government 
may have made under the Mental Healthcare Act, 2017 (10 of 2017). 

(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-
section (1) except upon the application of such relative or friend and on his giving security to the satisfaction 
of the Magistrate or Court that the person delivered shall— 

(a) be properly taken care of and prevented from doing injury to himself or to any other person; 

(b)  be  produced  for  the  inspection  of  such  officer,  and  at  such  times  and  places,  as  the  State 

Government may direct. 

(4)  The  Magistrate  or  Court  shall  report  to  the  State  Government  the  action  taken  under                              

sub-section (1). 

375.  Power  of  State  Government  to  empower  officer  in  charge  to  discharge.—The  State 
Government  may  empower  the  officer  in  charge  of  the  jail  in  which  a  person  is  confined  under  the 
provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of 
Prisons under section 376 or section 377. 

376. Procedure where prisoner of unsound mind is reported capable of making his defence.—If 
a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person 
detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental 
health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017 
(10 of 2017), shall certify that, in his or their opinion, such person is capable of making his defence, he 
shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court 
appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and 
the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence. 

377. Procedure where person of unsound mind detained is declared fit to be released.—(1) If a 
person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-
General or visitors shall certify that, in his or their judgment, he may be released without danger of his 
doing  injury  to  himself  or  to  any  other  person,  the  State  Government  may  thereupon  order  him  to  be 
released, or to be detained in custody, or to be transferred to a public mental health establishment if he has 
not been already sent to such establishment; and, in case it orders him to be transferred to a public mental 
health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. 

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(2)  Such  Commission shall  make  a  formal inquiry  into the state  of  mind  of  such  person,  take such 
evidence as is necessary, and shall report to the State Government, which may order his release or detention 
as it thinks fit. 

378. Delivery of person of unsound mind to care of relative or friend.—(1) Whenever any relative 
or friend of any person detained under the provisions of section 369 or section 374 desires that he shall be 
delivered to his care and custody, the State Government may, upon the application of such relative or friend 
and on his giving security to the satisfaction of such State Government, that the person delivered shall— 

(a) be properly taken care of and prevented from doing injury to himself or to any other person; 

(b)  be  produced  for  the  inspection  of  such  officer,  and  at  such  times  and  places,  as  the  State 

Government may direct; 

(c) in the case of a person detained under sub-section (2) of section 369, be produced when required 

before such Magistrate or Court, 

order such person to be delivered to such relative or friend. 

(2) If the person so delivered is accused of any offence, the trial of which has been postponed by reason 
of his being of unsound mind and incapable of making his defence, and the inspecting officer referred to in 
clause (b) of sub-section (1), certifies at any time to the Magistrate or Court that such person is capable of 
making his defence, such Magistrate or Court shall call upon the relative or friend to whom such accused 
was delivered to produce him before the Magistrate or Court; and, upon such production the Magistrate or 
Court shall proceed in accordance with the provisions of section 371, and the certificate of the inspecting 
officer shall be receivable as evidence. 

CHAPTER XXVIII 

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE 

379. Procedure in cases mentioned in section 215.—(1) When, upon an application made to it in this 
behalf or otherwise, any Court is of opinion that it is expedient in the interests of justice that an inquiry 
should be made into any offence referred to in clause (b) of sub-section (1) of section 215, which appears 
to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of 
a  document  produced  or  given  in  evidence  in  a  proceeding  in  that  Court,  such  Court  may,  after  such 
preliminary inquiry, if any, as it thinks necessary,— 

(a) record a finding to that effect; 

(b) make a complaint thereof in writing; 

(c) send it to a Magistrate of the first class having jurisdiction; 

(d)  take  sufficient  security  for  the  appearance  of  the  accused  before  such  Magistrate,  or  if  the 
alleged offence is non-bailable and the Court thinks it necessary so to do, send the accused in custody 
to such Magistrate; and 

(e) bind over any person to appear and give evidence before such Magistrate. 

(2) The power conferred on a Court by sub-section (1) in respect of an offence may, in any case where 
that Court has neither made a complaint under sub-section (1) in respect of that offence nor  rejected an 
application for the making of such complaint, be exercised by the Court to which such former Court is 
subordinate within the meaning of sub-section (4) of section 215. 

(3) A complaint made under this section shall be signed,— 

(a) where the Court making the complaint is a High Court, by such officer of the Court as the Court 

may appoint; 

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(b) in any other case, by the presiding officer of the Court or by such officer of the Court as the 

Court may authorise in writing in this behalf. 

(4) In this section, “Court” has the same meaning as in section 215. 

380. Appeal.—(1) Any person on whose application any Court other than a High Court has refused to 
make a complaint under sub-section (1) or sub-section (2) of section 379, or against whom such a complaint 
has been made by such Court, may appeal to the Court to which such former Court is subordinate within 
the meaning of sub-section (4) of section 215, and the superior Court may thereupon, after notice to the 
parties concerned, direct the withdrawal of the complaint, or, as the case may be, making of the complaint 
which  such  former  Court  might  have  made  under  section  379,  and,  if  it  makes  such  complaint,  the 
provisions of that section shall apply accordingly. 

(2) An order under this section, and subject to any such order, an order under section 379, shall be final, 

and shall not be subject to revision. 

381. Power to order costs.—Any Court dealing with an application made to it for filing a complaint 
under section 379 or an appeal under section 380, shall have power to make such order as to costs as may 
be just. 

382. Procedure of Magistrate taking cognizance.—(1) A Magistrate to whom a complaint is made 
under section 379 or section 380 shall, notwithstanding anything contained in Chapter XVI, proceed, as far 
as may be, to deal with the case as if it were instituted on a police report. 

(2) Where it is brought to the notice of such Magistrate, or of any other Magistrate to whom the case 
may  have  been  transferred,  that  an  appeal  is  pending  against  the  decision  arrived  at  in  the  judicial 
proceeding out of which the matter has arisen, he may, if he thinks fit, at any stage, adjourn the hearing of 
the case until such appeal is decided. 

383. Summary procedure for trial for giving false evidence.—(1) If, at the time of delivery of any 
judgment or final order disposing of any judicial proceeding, a Court of Session or Magistrate of the first 
class expresses an opinion to the effect that any witness appearing in such proceeding had knowingly or 
wilfully given false evidence or had fabricated false evidence with the intention that such evidence should 
be used in such proceeding, it or he may, if satisfied that it is necessary and expedient in the interest of 
justice  that  the  witness  should  be  tried  summarily  for  giving  or  fabricating,  as  the  case  may  be,  false 
evidence, take cognizance of the offence and may, after giving the offender a reasonable opportunity of 
showing cause why he should not be punished for such offence, try such offender summarily and sentence 
him to imprisonment for a term which may extend to three months, or to fine which may extend to one 
thousand rupees, or with both. 

(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed 

for summary trials. 

(3) Nothing in this section shall affect the power of the Court to make a complaint under section 379 

for the offence, where it does not choose to proceed under this section. 

(4) Where, after any action is initiated under sub-section (1), it is made to appear to the Court of Session 
or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against 
the judgment or order in which the opinion referred to in that sub-section has been expressed, it or he shall 
stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the 
case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or 
application for revision. 

384.  Procedure  in  certain  cases  of  contempt.—(1)  When  any  such  offence  as  is  described                     

in section  210, section  213, section  214, section  215 or section  267 of 
Sanhita, 2023 (45 of 2023) is committed in the view or presence of any Civil, Criminal, or Revenue Court, 
the Court may cause the offender to be detained in custody, and may, at any time before the rising of the 

the  Bharatiya  Nyaya                                 

134 

 
Court  on  the  same  day,  take  cognizance  of  the  offence  and,  after  giving  the  offender  a  reasonable 
opportunity of showing cause why he should not be punished under this section, sentence the offender to 
fine not exceeding one thousand rupees, and, in default of payment of fine, to simple imprisonment for a 
term which may extend to one month, unless such fine be sooner paid. 

(2) In every such case the Court shall record the fact constituting the offence, with the statement (if 

any) made by the offender, as well as the finding and sentence. 

(3) If the offence is under section 267 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023), the record 
shall show the nature and stage of the judicial proceeding in which the Court interrupted or insulted was 
sitting, and the nature of the interruption or insult. 

385.  Procedure  where  Court  considers  that  case  should  not  be  dealt  with  under                                 

section 384.—(1) If the Court in any case considers that a person accused of any of the offences referred 
to in section 384 and committed in its view or presence should be imprisoned otherwise than in default of 
payment of fine, or that a fine exceeding two hundred rupees should be imposed upon him, or such Court 
is for any other reason of opinion that the case should not be disposed of under section 384, such Court, 
after recording the facts constituting the offence and the statement of the accused as hereinbefore provided, 
may forward the case to a Magistrate having jurisdiction to try the same, and may require security to be 
given for the appearance of such person before such Magistrate, or if sufficient security is not given, shall 
forward such person in custody to such Magistrate. 

(2) The Magistrate to whom any case is forwarded under this section shall proceed to deal with, as far 

as may be, as if it were instituted on a police report. 

386. When Registrar or Sub-Registrar to be deemed a Civil Court.—When the State Government 
so directs, any Registrar or any Sub-Registrar appointed under the Registration Act, 1908 (16 of 1908), 
shall be deemed to be a Civil Court within the meaning of sections 384 and 385. 

387.  Discharge  of  offender  on  submission  of  apology.—When  any  Court  has  under  section  384 
adjudged an offender to punishment, or has under section 385 forwarded him to a Magistrate for trial, for 
refusing or omitting to do anything which he was lawfully required to do or for any intentional insult or 
interruption,  the  Court  may,  in  its  discretion,  discharge  the  offender  or  remit  the  punishment  on  his 
submission to the order or requisition of such Court, or on apology being made to its satisfaction. 

388.  Imprisonment  or  committal  of  person  refusing  to  answer  or  produce  document.—If  any 
witness or person called to produce a document or thing before a Criminal Court refuses to answer such 
questions as are put to him or to produce any document or thing in his possession or power which the Court 
requires him to produce, and does not, after a reasonable opportunity has been given to him so to do, offer 
any reasonable excuse for such refusal, such Court may, for reasons to be recorded in writing, sentence him 
to simple imprisonment, or by warrant under the hand of the Presiding Magistrate or Judge commit him to 
the custody of an officer of the Court for any term not exceeding seven days, unless in the meantime, such 
person consents to be examined and to answer, or to produce the document or thing and in the event of his 
persisting in his refusal, he may be dealt with according to the provisions of section 384 or section 385. 

389.  Summary  procedure  for  punishment  for  non-attendance  by  a  witness  in  obedience  to 
summons.—(1)  If  any  witness  being  summoned  to  appear  before  a  Criminal  Court is legally  bound to 
appear at a certain place and time in obedience to the summons and without just excuse neglects or refuses 
to attend at that place or time or departs from the place where he has to attend before the time at which it is 
lawful for him to depart, and the Court before which the witness is to appear is satisfied that it is expedient 
in the interests of justice that such a witness should be tried summarily, the Court may take cognizance of 
the offence and after giving the offender an opportunity of showing cause why he should not be punished 
under this section, sentence him to fine not exceeding five hundred rupees. 

135 

 
(2) In every such case the Court shall follow, as nearly as may be practicable, the procedure prescribed 

for summary trials. 

390. Appeals from convictions under sections 383, 384, 388 and 389.—(1) Any person sentenced by 
any  Court  other  than  a  High  Court  under  section  383,  section  384,  section  388,  or  section  389  may, 
notwithstanding anything contained in this Sanhita appeal to the Court to which decrees or orders made in 
such Court are ordinarily appealable. 

(2) The provisions of Chapter XXXI shall, so far as they are applicable, apply to appeals under this 
section, and the Appellate Court may alter or reverse the finding, or reduce or reverse the sentence appealed 
against. 

(3) An appeal from such conviction by a Court of Small Causes shall lie to the Court of Session for the 

sessions division within which such Court is situate. 

(4) An appeal from such conviction by any Registrar or Sub-Registrar deemed to be a Civil Court by 
virtue of a direction issued under section 386 shall lie to the Court of Session for the sessions division 
within which the office of such Registrar or Sub-Registrar is situate. 

391.  Certain  Judges  and  Magistrates  not  to  try  certain  offences  when  committed  before 
themselves.—Except as provided in sections 383, 384, 388 and 389, no Judge of a Criminal Court (other 
than a Judge of a High Court) or Magistrate shall try any person for any offence referred to in section 215, 
when such offence is committed before himself or in contempt of his authority, or is brought under his 
notice as such Judge or Magistrate in the course of a judicial proceeding. 

CHAPTER XXIX  

THE JUDGMENT 

392. Judgment.—(1) The judgment in every trial in any Criminal Court of original jurisdiction shall 
be pronounced in open Court by the presiding officer immediately after the termination of the trial or at 
some subsequent time not later than forty-five days of which notice shall be given to the parties or their                     
advocates,— 

(a) by delivering the whole of the judgment; or 

(b) by reading out the whole of the judgment; or 

(c) by reading out the operative part of the judgment and explaining the substance of the judgment 

in a language which is understood by the accused or his advocate. 

(2) Where the judgment is delivered under clause (a) of sub-section (1), the presiding officer shall cause 
it to be taken down in short-hand, sign the transcript and every page thereof as soon as it is made ready, and 
write on it the date of the delivery of the judgment in open Court. 

(3)  Where  the  judgment  or  the  operative  part  thereof  is  read  out  under  clause  (b)  or  clause  (c)  of                         

sub-section (1), as the case may be, it shall be dated and signed by the presiding officer in open Court, and 
if it is not written with his own hand, every page of the judgment shall be signed by him. 

(4)  Where  the judgment  is  pronounced in the  manner  specified in clause  (c) of sub-section  (1),  the 
whole judgment or a copy thereof shall be immediately made available for the perusal of the parties or their 
advocates free of cost: 

Provided that the Court shall, as far as practicable, upload the copy of the judgment on its portal within 

a period of seven days from the date of judgment. 

(5) If the accused is in custody, he shall be brought up to hear the judgment pronounced either in person 

or through audio-video electronic means. 

136 

 
(6) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment 
pronounced, except where his personal attendance during the trial has been dispensed with and the sentence 
is one of fine only or he is acquitted: 

Provided that where there are more accused persons than one, and one or more of them do not attend 
the Court on the date on which the judgment is to be pronounced, the presiding officer may, in order to 
avoid undue delay in the disposal of the case, pronounce the judgment notwithstanding their absence. 

(7) No judgment delivered by any Criminal Court shall be deemed to be invalid by reason only of the 
absence of any party or his advocate on the day or from the place notified for the delivery thereof, or of any 
omission to serve, or defect in serving, on the parties or their advocates, or any of them, the notice of such 
day and place. 

(8)  Nothing  in  this  section  shall  be  construed  to  limit  in  any  way  the  extent  of  the  provisions  of                    

section 511. 

393.  Language  and  contents  of  judgment.—(1)  Except  as  otherwise  expressly  provided  by  this 

Sanhita, every judgment referred to in section 392,— 

(a) shall be written in the language of the Court; 

(b) shall contain the point or points for determination, the decision thereon and the reasons for the 

decision; 

(c)  shall  specify  the  offence  (if  any)  of  which,  and  the  section  of  the  Bharatiya  Nyaya                             

Sanhita, 2023 (45 of 2023) or other law under which, the accused is convicted, and the punishment to 
which he is sentenced; 

(d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and 

direct that he be set at liberty. 

(2) When the conviction is under the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) and it is doubtful 
under which of two sections, or under which of two parts of the same section, of that Sanhita the offence 
falls, the Court shall distinctly express the same, and pass judgment in the alternative. 

(3)  When  the  conviction  is  for  an  offence  punishable  with  death  or,  in  the  alternative,  with 
imprisonment  for  life or  imprisonment  for  a term  of  years,  the judgment  shall state  the  reasons  for  the 
sentence awarded, and, in the case of sentence of death, the special reasons for such sentence. 

(4) When the conviction is for an offence punishable with imprisonment for a term of one year or more, 
but the Court imposes a sentence of imprisonment for a term of less than three months, it shall record its 
reasons for awarding such sentence, unless the sentence is one of imprisonment till the rising of the Court 
or unless the case was tried summarily under the provisions of this Sanhita. 

(5) When any person is sentenced to death, the sentence shall direct that he be hanged by the neck till 

he is dead. 

(6) Every order under section 136 or sub-section (2) of section 157 and every final order made under 
section 144, section 164 or section 166 shall contain the point or points for determination, the decision 
thereon and the reasons for the decision. 

394. Order for notifying address of previously convicted offender.—(1) When any person, having 
been convicted by a Court in India of an offence punishable with imprisonment for a term of three years, 
or upwards, is again convicted of any offence punishable with imprisonment for a term of three years or 
upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at 
the time of passing a sentence of imprisonment on such person, also order that his residence and any change 
of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding 
five years from the date of the expiration of such sentence. 

137 

 
(2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences 

and to the abetment of such offences and attempts to commit them. 

(3) If such conviction is set aside on appeal or otherwise, such order shall become void. 

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court 

of Session when exercising its powers of revision. 

(5) The State Government may, by notification, make rules to carry out the provisions of this section 

relating to the notification of residence or change of, or absence from, residence by released convicts. 

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach 
of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place 
last notified by him as his place of residence is situated. 

395.  Order  to  pay  compensation.—(1)  When  a  Court  imposes  a  sentence  of  fine  or  a  sentence 
(including a sentence of death) of which fine forms a part, the Court may, when passing judgment, order 
the whole or any part of the fine recovered to be applied— 

(a) in defraying the expenses properly incurred in the prosecution; 

(b) in the payment to any person of compensation for any loss or injury caused by the offence, 

when compensation is, in the opinion of the Court, recoverable by such person in a Civil Court; 

(c) when any person is convicted of any offence for having caused the death of another person or 
of having abetted the commission of such an offence, in paying compensation to the persons who are, 
under  the  Fatal  Accidents  Act,  1855  (13  of  1855),  entitled  to  recover  damages  from  the  person 
sentenced for the loss resulting to them from such death; 

(d) when any person is convicted of any offence which includes theft, criminal misappropriation, 
criminal  breach  of  trust,  or  cheating,  or  of  having  dishonestly  received  or  retained,  or  of  having 
voluntarily assisted in disposing of, stolen property knowing or having reason to believe the same to be 
stolen,  in  compensating  any  bona  fide  purchaser  of  such  property  for  the  loss  of  the  same  if  such 
property is restored to the possession of the person entitled thereto. 

(2) If the fine is imposed in a case which is subject to appeal, no such payment shall be made before 
the period allowed for presenting the appeal has elapsed, or, if an appeal be presented, before the decision 
of the appeal. 

(3) When a Court imposes a sentence, of which fine does not form a part, the Court may, when passing 
judgment, order the accused person to pay, by way of compensation, such amount as may be specified in 
the order to the person who has suffered any loss or injury by reason of the act for which the accused person 
has been so sentenced. 

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court 

of Session when exercising its powers of revision. 

(5) At the time of awarding compensation in any subsequent civil suit relating to the same matter, the 

Court shall take into account any sum paid or recovered as compensation under this section. 

396. Victim compensation scheme.—(1) Every State Government in co-ordination with the Central 
Government shall prepare a scheme for providing funds for the purpose of compensation to the victim or 
his dependents who have suffered loss or injury as a result of the crime and who require rehabilitation. 

(2) Whenever a recommendation is made by the Court for compensation, the District Legal Service 
Authority  or  the  State  Legal  Service  Authority,  as  the  case  may  be,  shall  decide  the  quantum  of 
compensation to be awarded under the scheme referred to in sub-section (1). 

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(3) If the trial Court, at the conclusion of the trial, is satisfied, that the compensation awarded under 
section 395 is not adequate for such rehabilitation, or where the cases end in acquittal or discharge and the 
victim has to be rehabilitated, it may make recommendation for compensation. 

(4) Where the offender is not traced or identified, but the victim is identified, and where no trial takes 
place, the victim or his dependents may  make an application to the State or the District Legal Services 
Authority for award of compensation. 

(5) On receipt of such recommendations or on the application under sub-section (4), the State or the 
District Legal Services Authority shall, after due enquiry award adequate compensation by completing the 
enquiry within two months. 

(6) The State or the District Legal Services Authority, as the case may be, to alleviate the suffering of 
the victim, may order for immediate first-aid facility or medical benefits to be made available free of cost 
on the certificate of the police officer not below the rank of the officer in charge of the police station or a 
Magistrate of the area concerned, or any other interim relief as the appropriate authority deems fit. 

(7) The compensation payable by the State Government under this section shall be in addition to the 
payment  of  fine  to  the  victim  under section  65, section  70 and  sub-section  (1)  of  section  124  of  the 
Bharatiya Nyaya Sanhita, 2023 (45 of 2023). 

397. Treatment of victims.—All hospitals, public or private, whether run by the Central Government, 
the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical 
treatment,  free  of  cost,  to  the  victims  of  any  offence  covered  under section  64, section  65, section 
66, section 67, section 68, section 70, section 71 or sub-section (1) of section 124 of the Bharatiya Nyaya 
Sanhita, 2023 (45 of 2023) or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual 
Offences Act, 2012 (32 of 2012), and shall immediately inform the police of such incident. 

398.  Witness  protection  scheme.—Every  State  Government  shall  prepare  and  notify  a  Witness 

Protection Scheme for the State with a view to ensure protection of the witnesses. 

399. Compensation to persons groundlessly arrested.—(1) Whenever any person causes a police 
officer to arrest another person, if it appears to the Magistrate by whom the case is heard that there was no 
sufficient ground for causing such arrest, the Magistrate may award such compensation, not exceeding one 
thousand rupees, to be paid by the person so causing the arrest to the person so arrested, for his loss of time 
and expenses in the matter, as the Magistrate thinks fit. 

(2) In such cases, if more persons than one are arrested, the Magistrate may, in like manner, award to 

each of them such compensation, not exceeding one thousand rupees, as such Magistrate thinks fit. 

(3) All compensation awarded under this section may be recovered as if it were a fine, and, if it cannot 
be so recovered, the person by whom it is payable shall be sentenced to simple imprisonment for such term 
not exceeding thirty days as the Magistrate directs, unless such sum is sooner paid. 

400. Order to pay costs in non-cognizable cases.—(1) Whenever any complaint of a non-cognizable 
offence is made to a Court, the Court, if it convicts the accused, may, in addition to the penalty imposed 
upon  him,  order  him  to  pay  to  the  complainant,  in  whole  or  in  part,  the  cost  incurred  by  him  in  the 
prosecution, and may further order that in default of payment, the accused shall suffer simple imprisonment 
for  a  period  not  exceeding  thirty  days  and  such  costs  may  include  any  expenses  incurred  in  respect  of 
process-fees, witnesses and advocate's fees which the Court may consider reasonable. 

(2) An order under this section may also be made by an Appellate Court or by the High Court or Court 

of Session when exercising its powers of revision. 

401. Order to release on probation of good conduct or after admonition.—(1) When any person 
not under twenty-one years of age is convicted of an offence punishable with fine only or with imprisonment 
for  a term  of  seven  years or  less,  or  when any  person  under twenty-one  years of  age  or  any  woman  is 

139 

 
convicted of an offence not punishable with death or imprisonment for life, and no previous conviction is 
proved against the offender, if it appears to the Court before which he is convicted, regard being had to the 
age, character or antecedents of the offender, and to the circumstances in which the offence was committed, 
that it is expedient that the offender should be released on probation of good conduct, the Court may, instead 
of sentencing him at once to any punishment, direct that he be released on his entering into a bond or bail 
bond to appear and receive sentence when called upon during such period (not exceeding three years) as 
the Court may direct, and in the meantime to keep the peace and be of good behavior: 

Provided that where any first offender is convicted by a Magistrate of the second class not specially 
empowered by the High Court, and the Magistrate is of opinion that the powers conferred by this section 
should be exercised, he shall record his opinion to that effect, and submit the proceedings to a Magistrate 
of the first class, forwarding the accused to, or taking bail for his appearance before, such Magistrate, who 
shall dispose of the case in the manner provided by sub-section (2). 

(2) Where proceedings are submitted to a Magistrate of the first class as provided by sub-section (1), 
such Magistrate may thereupon pass such sentence or make such order as he might have passed or made if 
the case had originally been heard by him, and, if he thinks further inquiry or additional evidence on any 
point to be necessary, he may make such inquiry or take such evidence himself or direct such inquiry or 
evidence to be made or taken. 

(3) In any case in which a person is convicted of theft, theft in a building, dishonest misappropriation, 
cheating or any offence under the Bharatiya Nyaya Sanhita, 2023, punishable with not more than two years’ 
imprisonment or any offence punishable with fine only and no previous conviction is proved against him, 
the  Court  before  which  he  is  so  convicted  may,  if  it  thinks  fit,  having  regard  to  the  age,  character, 
antecedents or physical or mental condition of the offender and to the trivial nature of the offence or any 
extenuating  circumstances  under  which  the  offence  was  committed,  instead  of  sentencing  him  to  any 
punishment, release him after due admonition. 

(4) An order under this section may be made by any Appellate Court or by the High Court or Court of 

Session when exercising its powers of revision. 

(5) When an order has been made under this section in respect of any offender, the High Court or Court 
of Session may, on appeal when there is a right of appeal to such Court, or when exercising its powers of 
revision, set aside such order, and in lieu thereof pass sentence on such offender according to law: 

Provided  that  the  High  Court  or  Court  of  Session  shall  not  under  this  sub-section  inflict  a  greater 

punishment than might have been inflicted by the Court by which the offender was convicted. 

(6) The provisions of sections 140, 143 and 414 shall, so far as may be, apply in the case of sureties 

offered in pursuance of the provisions of this section. 

(7) The Court, before directing the release of an offender under sub-section (1), shall be satisfied that 
an offender or his surety (if any) has a fixed place of abode or regular occupation in the place for which the 
Court acts  or in  which the  offender  is likely  to  live during  the  period  named  for  the  observance of the 
conditions. 

(8) If the Court which convicted the offender, or a Court which could have dealt with the offender in 
respect of his original offence, is satisfied that the offender has failed to observe any of the conditions of 
his recognizance, it may issue a warrant for his apprehension. 

(9) An offender, when apprehended on any such warrant, shall be brought forthwith before the Court 
issuing the warrant, and such Court may either remand him in custody until the case is heard or admit him 
to bail with a sufficient surety conditioned on his appearing for sentence and such Court may, after hearing 
the case, pass sentence. 

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(10)  Nothing  in  this  section  shall  affect  the  provisions  of  the  Probation  of  Offenders  Act,  1958                                 

(20 of 1958), or the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) or any other 
law for the time being in force for the treatment, training or rehabilitation of youthful offenders. 

402. Special reasons to be recorded in certain cases.—Where in any case the Court could have dealt 

with,— 

(a) an accused person under section 401 or under the provisions of the Probation of Offenders Act, 

1958 (20 of 1958); or 

(b)  a  youthful  offender  under  the  Juvenile  Justice  (Care  and  Protection  of  Children)  Act,  2015                                 

(2 of 2016) or any other law for the time being in force for the treatment, training or rehabilitation of 
youthful offenders,  

but has not done so, it shall record in its judgment the special reasons for not having done so. 

403. Court not to alter judgment.—Save as otherwise provided by this Sanhita or by any other law 
for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, 
shall alter or review the same except to correct a clerical or arithmetical error. 

404.  Copy  of  judgment  to  be  given  to  accused  and  other  persons.—(1)  When  the  accused  is 
sentenced  to  imprisonment,  a  copy  of  the  judgment  shall,  immediately  after  the  pronouncement  of  the 
judgment, be given to him free of cost. 

(2)  On  the  application  of  the  accused,  a  certified  copy  of  the  judgment,  or  when  he  so  desires,  a 
translation in his own language if practicable or in the language of the Court, shall be given to him without 
delay, and such copy shall, in every case where the judgment is appealable by the accused, be given free of 
cost: 

Provided that where a sentence of death is passed or confirmed by the High Court, a certified copy of 
the judgment shall be immediately given to the accused free of cost whether or not he applies for the same. 

(3) The provisions of sub-section (2) shall apply in relation to an order under section 136 as they apply 

in relation to a judgment which is appealable by the accused. 

(4) When the accused is sentenced to death by any Court and an appeal lies from such judgment as of 
right, the Court shall inform him of the period within which, if he wishes to appeal, his appeal should be 
preferred. 

(5) Save as otherwise provided in sub-section (2), any person affected by a judgment or order passed 
by a Criminal Court shall, on an application made in this behalf and on payment of the prescribed charges, 
be given a copy of such judgment or order or of any deposition or other part of the record: 

Provided that the Court may, if it thinks fit for some special reason, give it to him free of cost: 

Provided further that the Court may, on an application made in this behalf by the Prosecuting Officer, 

provide to the Government, free of cost, a certified copy of such judgment, order, deposition or record. 

(6) The High Court may, by rules, provide for the grant of copies of any judgment or order of a Criminal 
Court to any person who is not affected by a judgment or order, on payment, by such person, of such fees, 
and subject to such conditions, as the High Court may, by such rules, provide. 

405. Judgment when to be translated.—The original judgment shall be filed with the record of the 
proceedings and where the original is recorded in a language different from that of the Court, and if either 
party so requires, a translation thereof into the language of the Court shall be added to such record. 

141 

 
 
406. Court of Session to send copy of finding and sentence to District Magistrate.—In cases tried 
by the Court of Session or a Chief Judicial Magistrate, the Court or such Magistrate, as the case may be, 
shall forward a copy of its or his finding and sentence (if any) to the District Magistrate within whose local 
jurisdiction the trial was held. 

CHAPTER XXX 

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION 

407. Sentence of death to be submitted by Court of Session for confirmation.—(1) When the Court 
of Session passes a sentence of death, the proceedings shall forthwith be submitted to the High Court, and 
the sentence shall not be executed unless it is confirmed by the High Court. 

(2) The Court passing the sentence shall commit the convicted person to jail custody under a warrant. 

408. Power to direct further inquiry to be made or additional evidence to be taken.—(1) If, when 
such  proceedings  are  submitted,  the  High  Court  thinks  that  a  further  inquiry  should  be  made  into,  or 
additional evidence taken upon, any point bearing upon the guilt or innocence of the convicted person, it 
may make such inquiry or take such evidence itself, or direct it to be made or taken by the Court of Session. 

(2) Unless the High Court otherwise directs, the presence of the convicted person may be dispensed 

with when such inquiry is made or such evidence is taken. 

(3) When the inquiry or evidence (if any) is not made or taken by the High Court, the result of such 

inquiry or evidence shall be certified to such Court. 

409. Power of High Court to confirm sentence or annul conviction.—In any case submitted under 

section 407, the High Court— 

(a) may confirm the sentence, or pass any other sentence warranted by law; or 

(b) may annul the conviction, and convict the accused of any offence of which the Court of Session 

might have convicted him, or order a new trial on the same or an amended charge; or 

(c) may acquit the accused person: 

Provided that no order of confirmation shall be made under this section until the period allowed for 
preferring  an  appeal  has  expired,  or,  if  an  appeal  is  presented  within  such  period,  until  such  appeal  is 
disposed of. 

410. Confirmation or new sentence to be signed by two Judges.—In every case so submitted, the 
confirmation of the sentence, or any new sentence  or order passed by the High Court, shall, when such 
Court consists of two or more Judges, be made, passed and signed by at least two of them. 

411. Procedure in case of difference of opinion.—Where any such case is heard before a Bench of 
Judges and such Judges are equally divided in opinion, the case shall be decided in the manner provided by 
section 433. 

412.  Procedure  in  cases  submitted  to  High  Court  for  confirmation.—In  cases  submitted  by  the 
Court of Session to the High Court for the confirmation of a sentence of death, the proper officer of the 
High Court shall, without delay, after the order of confirmation or other order has been made by the High 
Court, send either physically, or through electronic means, a copy of the order, under the seal of the High 
Court and attested with his official signature, to the Court of Session. 

CHAPTER XXXI 

APPEALS 

413. No appeal to lie unless otherwise provided.—No appeal shall lie from any judgment or order of 

a Criminal Court except as provided for by this Sanhita or by any other law for the time being in force: 

142 

 
Provided that the victim shall have a right to prefer an appeal against any order passed by the Court 
acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such 
appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court. 

414. Appeal from orders requiring security or refusal to accept or rejecting surety for keeping 

peace or good behavior.—Any person, — 

(i)  who  has  been  ordered  under  section  136  to  give  security  for  keeping  the  peace  or  for  good 

behaviour; or 

(ii) who is aggrieved by any order refusing to accept or rejecting a surety under section 140,  

may appeal against such order to the Court of Session: 

Provided that nothing in this section shall apply to persons the proceedings against whom are laid before 

a Sessions Judge in accordance with the provisions of sub-section (2) or sub-section (4) of section 141. 

415.  Appeals  from  convictions.—(1)  Any  person  convicted  on  a  trial  held  by  a  High  Court  in  its 

extraordinary original criminal jurisdiction may appeal to the Supreme Court. 

(2) Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a 
trial  held by  any  other  Court  in  which  a  sentence  of  imprisonment  for  more than  seven  years  has  been 
passed against him or against any other person convicted at the same trial, may appeal to the High Court. 

(3) Save as otherwise provided in sub-section (2), any person,-- 

(a) convicted on a trial held by Magistrate of the first class, or of the second class; or 

(b) sentenced under section 364; or 

(c) in respect of whom an order has been made or a sentence has been passed under section 401 by 

any Magistrate,  

may appeal to the Court of Session. 

(4)  When  an  appeal  has  been  filed  against  a  sentence  passed  under section  64, section  65,                              

section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal 
shall be disposed of within a period of six months from the date of filing of such appeal. 

416. No appeal in certain cases when accused pleads guilty.—Notwithstanding anything in section 
415, where an accused person has pleaded guilty and has been convicted on such plea, there shall be no 
appeal,— 

(i) if the conviction is by a High Court; or 

(ii) if the conviction is by a Court of Session or Magistrate of the first or second class, except as to 

the extent or legality of the sentence. 

417. No appeal in petty cases.—Notwithstanding anything in section 415, there shall be no appeal by 

a convicted person in any of the following cases, namely: — 

(a) where a High Court passes only a sentence of imprisonment for a term not exceeding three 

months or of fine not exceeding one thousand rupees, or of both such imprisonment and fine; 

(b) where a Court of Session passes only a sentence of imprisonment for a term not exceeding three 

months or of fine not exceeding two hundred rupees, or of both such imprisonment and fine; 

(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred 

rupees; or 

(d) where, in a case tried summarily, a Magistrate empowered to act under section 283 passes only 

a sentence of fine not exceeding two hundred rupees: 

143 

 
Provided that an appeal may be brought against any such sentence if any other punishment is combined 

with it, but such sentence shall not be appealable merely on the ground— 

(i) that the person convicted is ordered to furnish security to keep the peace; or 

(ii) that a direction for imprisonment in default of payment of fine is included in the sentence; or 

(iii) that more than one sentence of fine is passed in the case, if the total amount of fine imposed 

does not exceed the amount hereinbefore specified in respect of the case. 

418.  Appeal  by  State  Government  against  sentence.—(1)  Save  as  otherwise  provided  in                                

sub-section (2), the State Government may, in any case of conviction on a trial held by any Court other than 
a High Court, direct the Public Prosecutor to present an appeal against the sentence on the ground of its 
inadequacy— 

(a) to the Court of Session, if the sentence is passed by the Magistrate; and 

(b) to the High Court, if the sentence is passed by any other Court. 

(2) If such conviction is in a case in which the offence has been investigated by any agency empowered 
to make investigation into an offence under any Central Act other than this Sanhita, the Central Government 
may  also  direct  the  Public  Prosecutor  to  present  an  appeal  against  the  sentence  on  the  ground  of  its 
inadequacy— 

(a) to the Court of Session, if the sentence is passed by the Magistrate; and 

(b) to the High Court, if the sentence is passed by any other Court. 

(3) When an appeal has been filed against the sentence on the ground of its inadequacy, the Court of 
Session or, as the case may be, the High Court shall not enhance the sentence except after giving to the 
accused a reasonable opportunity of showing cause against such enhancement and while showing cause, 
the accused may plead for his acquittal or for the reduction of the sentence. 

(4)  When  an  appeal  has  been  filed  against  a  sentence  passed  under section  64, section  65,                    

section 66, section 67, section 68, section 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023, the appeal 
shall be disposed of within a period of six months from the date of filing of such appeal. 

419. Appeal in case of acquittal.—(1) Save as otherwise provided in sub-section (2), and subject 

to the provisions of sub-sections (3) and (5),— 

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the 
Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-
bailable offence; 

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the 
High Court from an original or appellate order of acquittal passed by any Court other than a High Court 
not being an order under clause (a) or an order of acquittal passed by the Court of Session in revision. 

(2) If such an order of acquittal is passed in a case in which the offence has been investigated by any 
agency empowered to make investigation into an offence under any Central Act other than this Sanhita, the 
Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to 
present an appeal— 

(a)  to  the  Court  of  Session,  from  an  order  of  acquittal  passed  by  a  Magistrate  in  respect  of  a 

cognizable and non-bailable offence; 

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other 
than a High Court not being an order under clause (a) or an order of acquittal passed by the Court of 
Session in revision. 

144 

 
(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except 

with the leave of the High Court. 

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on 
an application made to it by the complainant in this behalf, grants special leave to appeal from the order of 
acquittal, the complainant may present such an appeal to the High Court. 

(5)  No  application  under  sub-section  (4)  for  the  grant  of  special  leave  to  appeal  from  an  order  of 
acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a 
public servant, and sixty days in every other case, computed from the date of that order of acquittal. 

(6) If, in any case, the application under sub-section (4) for the grant of special leave to appeal from an 
order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under 
sub-section (2). 

420. Appeal against conviction by High Court in certain cases.—Where the High Court has, on 
appeal, reversed an order of acquittal of an accused person and convicted him and sentenced him to death 
or to imprisonment for life or to imprisonment for a term of ten years or more, he may appeal to the Supreme 
Court. 

421. Special right of appeal in certain cases.—Notwithstanding anything in this Chapter, when more 
persons than one are convicted in one trial, and an appealable judgment or order has been passed in respect 
of any of such persons, all or any of the persons convicted at such trial shall have a right of appeal. 

422. Appeal to Court of Session how heard.—(1) Subject to the provisions of sub-section (2), an 
appeal to the Court of Session or Sessions Judge shall be heard by the Sessions Judge or by an Additional 
Sessions Judge: 

Provided that an appeal against a conviction on a trial held by a Magistrate of the second class may be 

heard and disposed of by the Chief Judicial Magistrate. 

(2) An Additional Sessions Judge or a Chief Judicial Magistrate shall hear only such appeals as the 
Sessions Judge of the division may, by general or special order, make over to him or as the High Court 
may, by special order, direct him to hear. 

423. Petition of appeal.—Every appeal shall be made in the form of a petition in writing presented by 
the  appellant  or  his  advocate,  and  every  such  petition  shall  (unless  the  Court  to  which  it  is  presented 
otherwise directs) be accompanied by a copy of the judgment or order appealed against. 

424.  Procedure when  appellant  in  jail.—If  the  appellant  is  in jail,  he  may  present  his  petition  of 
appeal  and  the  copies  accompanying  the  same  to  the  officer  in  charge  of  the  jail,  who  shall  thereupon 
forward such petition and copies to the proper Appellate Court. 

425. Summary dismissal of appeal.—(1) If upon examining the petition of appeal and copy of the 
judgment received under section 423 or section 424, the Appellate Court considers that there is no sufficient 
ground for interfering, it may dismiss the appeal summarily: 

Provided that— 

(a) no appeal presented under section 423 shall be dismissed unless the appellant or his advocate 

has had a reasonable opportunity of being heard in support of the same; 

(b) no appeal presented under section 424 shall be dismissed except after giving the appellant a 
reasonable opportunity of being heard in support of the same, unless the Appellate Court considers that 
the appeal is frivolous or that the production of the accused in custody before the Court would involve 
such inconvenience as would be disproportionate in the circumstances of the case; 

(c) no appeal presented under section 424 shall be dismissed summarily until the period allowed 

for preferring such appeal has expired. 

145 

 
(2) Before dismissing an appeal under this section, the Court may call for the record of the case. 

(3) Where the Appellate Court dismissing an appeal under this section is a Court of Session or of the 

Chief Judicial Magistrate, it shall record its reasons for doing so. 

(4) Where an appeal presented under section 424 has been dismissed summarily under this section and 
the Appellate Court finds that another petition of appeal duly presented under section 423 on behalf of the 
same appellant has not been considered by it, that Court may, notwithstanding anything contained in section 
434, if satisfied that it is necessary in the interests of justice so to do, hear and dispose of such appeal in 
accordance with law. 

426. Procedure for hearing appeals not dismissed summarily.—(1) If the Appellate Court does not 
dismiss the appeal summarily, it shall cause notice of the time and place at which such appeal will be heard 
to be given— 

(i) to the appellant or his advocate; 

(ii) to such officer as the State Government may appoint in this behalf; 

(iii)  if  the  appeal  is  from  a  judgment  of  conviction  in  a  case  instituted  upon  complaint,  to  the 

complainant; 

(iv) if the appeal is under section 418 or section 419, to the accused, and shall also furnish such 

officer, complainant and accused with a copy of the grounds of appeal. 

(2) The Appellate Court shall then send for the record of the case, if such record is not already available 

in that Court, and hear the parties: 

Provided that if the appeal is only as to the extent or the legality of the sentence, the Court may dispose 

of the appeal without sending for the record. 

(3) Where the only ground for appeal from a conviction is the alleged severity of the sentence, the 

appellant shall not, except with the leave of the Court, urge or be heard in support of any other ground. 

427.  Powers  of  Appellate  Court.—After  perusing  such  record  and  hearing  the  appellant  or  his 
advocate, if he appears, and the Public Prosecutor if he appears, and in case of an appeal under section 418 
or section 419, the accused, if he appears, the Appellate Court may, if it considers that there is no sufficient 
ground for interfering, dismiss the appeal, or may— 

(a) in an appeal from an order of acquittal, reverse such order and direct that further inquiry be 
made, or that the accused be re-tried or committed for trial, as the case may be, or find him guilty and 
pass sentence on him according to law; 

(b) in an appeal from a conviction— 

(i) reverse the finding and sentence and acquit or discharge the accused, or order him to be                      

re-tried by a Court of competent jurisdiction subordinate to such Appellate Court or committed for 
trial; or 

(ii) alter the finding, maintaining the sentence; or 

(iii) with or without altering the finding, alter the nature or the extent, or the nature and extent, 

of the sentence, but not so as to enhance the same; 

(c) in an appeal for enhancement of sentence— 

(i) reverse the finding and sentence and acquit or discharge the accused or order him to be                       

re-tried by a Court competent to try the offence; or 

(ii) alter the finding maintaining the sentence; or 

146 

 
(iii) with or without altering the finding, alter the nature or the extent, or, the nature and extent, 

of the sentence, so as to enhance or reduce the same; 

(d) in an appeal from any other order, alter or reverse such order; 

(e) make any amendment or any consequential or incidental order that may be just or proper: 

Provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing 

cause against such enhancement: 

Provided further that the Appellate Court shall not inflict greater punishment for the offence which in 
its opinion the accused has committed, than might have been inflicted for that offence by the Court passing 
the order or sentence under appeal. 

428. Judgments of subordinate Appellate Court.—The rules contained in Chapter XXIX as to the 
judgment  of  a  Criminal  Court  of  original  jurisdiction  shall  apply,  so  far  as  may  be  practicable,  to  the 
judgment in appeal of a Court of Session or Chief Judicial Magistrate: 

Provided that, unless the Appellate Court otherwise directs, the accused shall not be brought up, or 

required to attend, to hear judgment delivered. 

429. Order of High Court on appeal to be certified to lower Court.—(1) Whenever a case is decided 
on appeal by the High Court under this Chapter, it shall certify its judgment or order to the Court by which 
the finding, sentence or order appealed against was recorded or passed and if such Court is that of a Judicial 
Magistrate other than the Chief Judicial Magistrate, the High Court's judgment or order shall be sent through 
the  Chief  Judicial  Magistrate,  and  if  such  Court  is  that  of  an  Executive  Magistrate,  the  High  Court's 
judgment or order shall be sent through the District Magistrate. 

(2) The Court to which the High Court certifies its judgment or order shall thereupon make such orders 
as are conformable to the judgment or order of the High Court; and if necessary, the record shall be amended 
in accordance therewith. 

430. Suspension of sentence pending appeal; release of appellant on bail.—(1) Pending any appeal 
by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the 
execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he 
be released on bail, or on his own bond or bail bond: 

Provided that the Appellate Court shall, before releasing on his own bond or bail bond a convicted 
person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for 
a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing 
against such release: 

Provided further that in cases where a convicted person is released on bail it shall be open to the Public 

Prosecutor to file an application for the cancellation of the bail. 

(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court 

in the case of an appeal by a convicted person to a Court subordinate thereto. 

(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present 

an appeal, the Court shall,— 

(i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three 

years; or 

(ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,  

order that the convicted person be released on bail, unless there are special reasons for refusing bail, for 
such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court 

147 

 
under  sub-section  (1);  and  the  sentence  of  imprisonment  shall,  so  long  as  he  is  so  released  on  bail,  be 
deemed to be suspended. 

(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, 
the time during which he is so released shall be excluded in computing the term for which he is so sentenced. 

431. Arrest of accused in appeal from acquittal.—When an appeal is presented under section 419, 
the High Court may issue a warrant directing that the accused be arrested and brought before it or any 
subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal 
of the appeal or admit him to bail. 

432. Appellate Court may take further evidence or direct it to be taken.—(1) In dealing with any 
appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record 
its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate or, when the 
Appellate Court is a High Court, by a Court of Session or a Magistrate. 

(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify 

such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal. 

(3) The accused or his advocate shall have the right to be present when the additional evidence is taken. 

(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXV, as if it 

were an inquiry. 

433. Procedure where Judges of Court of appeal are equally divided.—When an appeal under this 
Chapter is heard by a High Court before a Bench of Judges and they are divided in opinion, the appeal, with 
their opinions, shall be laid before another Judge of that Court, and that Judge, after such hearing as he 
thinks fit, shall deliver his opinion, and the judgment or order shall follow that opinion: 

Provided that if one of the Judges constituting the Bench, or, where the appeal is laid before another 
Judge under this section, that Judge, so requires, the appeal shall be re-heard and decided by a larger Bench 
of Judges. 

434. Finality of judgments and orders on appeal.—Judgments and orders passed by an Appellate 

Court  upon  an  appeal  shall  be  final,  except  in  the  cases  provided  for  in  section  418,  section  419,                                 
sub-section (4) of section 425 or Chapter XXXII: 

Provided  that  notwithstanding  the  final  disposal  of  an  appeal  against  conviction  in  any  case,  the 

Appellate Court may hear and dispose of, on the merits,— 

(a) an appeal against acquittal under section 419, arising out of the same case; or 

(b) an appeal for the enhancement of sentence under section 418, arising out of the same case. 

435. Abatement of appeals.—(1) Every appeal under section 418 or section 419 shall finally abate on 

the death of the accused. 

(2) Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate 

on the death of the appellant: 

Provided that where the appeal is against a conviction and sentence of death or of imprisonment, and 
the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the 
death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted, 
the appeal shall not abate. 

Explanation.—In  this  section,  “near  relative”  means  a  parent,  spouse,  lineal  descendant,  brother  or 

sister. 

148 

 
 
CHAPTER XXXII 

REFERENCE AND REVISION 

436. Reference to High Court.—(1) Where any Court is satisfied that a case pending before it involves 
a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, 
Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of 
opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so 
declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall 
state a case setting out its opinion and the reasons therefor, and refer the same for the decision of the High 
Court. 

Explanation.—In this section, “Regulation” means any Regulation as defined in the General Clauses 

Act, 1897 (10 of 1897), or in the General Clauses Act of a State. 

(2) A Court of Session may, if it thinks fit in any case pending before it to which the provisions of sub-
section (1) do not apply, refer for the decision of the High Court any question of law arising in the hearing 
of such case. 

(3)  Any  Court  making  a  reference  to the  High  Court  under  sub-section (1) or  sub-section  (2)  may, 
pending the decision of the High Court thereon, either commit the accused to jail or release him on bail to 
appear when called upon. 

437.  Disposal  of  case  according  to  decision  of  High  Court.—(1)  When  a  question  has  been  so 
referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order 
to be sent to the Court by which the reference was made, which shall dispose of the case conformably to 
the said order. 

(2) The High Court may direct by whom the costs of such reference shall be paid. 

438. Calling for records to exercise powers of revision.—(1) The High Court or any Sessions Judge 
may call for and examine the record of any proceeding before any inferior Criminal Court situate within its 
or  his  local  jurisdiction  for  the  purpose  of  satisfying  itself  or  himself  as  to  the  correctness,  legality  or 
propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings 
of such inferior Court, and may, when calling, for such record, direct that the execution of any sentence or 
order be suspended, and if the accused is in confinement that he be released on his own bond or bail bond 
pending the examination of the record. 

Explanation.—All  Magistrates,  whether  Executive  or  Judicial,  and  whether  exercising  original  or 
appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-
section and of section 439. 

(2)  The  powers  of  revision  conferred  by  sub-section  (1)  shall  not  be  exercised  in  relation  to  any 

interlocutory order passed in any appeal, inquiry, trial or other proceeding. 

(3) If an application under this section has been made by any person either to the High Court or to the 

Sessions Judge, no further application by the same person shall be entertained by the other of them. 

439. Power to order inquiry.—On examining any record under section 438 or otherwise, the High 
Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates 
subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate 
Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub-
section (4) of section 227, or into the case of any person accused of an offence who has been discharged: 

Provided that  no  Court  shall  make  any  direction  under  this section  for inquiry  into the case  of any 
person who has been discharged unless such person has had an opportunity of showing cause why such 
direction should not be made. 

149 

 
440. Sessions Judge's powers of revision.—(1) In the case of any proceeding the record of which has 
been called for by himself, the Sessions Judge may exercise all or any of the powers which may be exercised 
by the High Court under sub-section (1) of section 442. 

(2)  Where  any  proceeding  by  way  of  revision  is  commenced  before  a  Sessions  Judge  under                                  

sub-section (1), the provisions of sub-sections (2), (3), (4) and (5) of section 442 shall, so far as may be, 
apply to such proceeding and references in the said sub-sections to the High Court shall be construed as 
references to the Sessions Judge. 

(3) Where any application for revision is made by or on behalf of any person before the Sessions Judge, 
the decision of the Sessions Judge thereon in relation to such person shall be final and no further proceeding 
by way of revision at the instance of such person shall be entertained by the High Court or any other Court. 

441.  Power  of  Additional  Sessions  Judge.—An  Additional  Sessions  Judge  shall  have  and  may 
exercise  all  the  powers  of  a  Sessions  Judge  under  this  Chapter  in  respect  of  any  case  which  may  be 
transferred to him by or under any general or special order of the Sessions Judge. 

442. High Court's powers of revision.—(1) In the case of any proceeding the record of which has 
been called for by itself or which otherwise comes to its knowledge, the High Court may, in its discretion, 
exercise any of the powers conferred on a Court of Appeal by sections 427, 430, 431 and 432 or on a Court 
of Session by section 344, and, when the Judges composing the Court of revision are equally divided in 
opinion, the case shall be disposed of in the manner provided by section 433. 

(2) No order under this section shall be made to the prejudice of the accused or other person unless he 

has had an opportunity of being heard either personally or by advocate in his own defence. 

(3) Nothing in this section shall be deemed to authorise a High Court to convert a finding of acquittal 

into one of conviction. 

(4) Where under this Sanhita an appeal lies and no appeal is brought, no proceeding by way of revision 

shall be entertained at the instance of the party who could have appealed. 

(5) Where under this Sanhita an appeal lies but an application for revision has been made to the High 
Court by any person and the High Court is satisfied that such application was made under the erroneous 
belief that no appeal lies thereto and that it is necessary in the interests of justice so to do, the High Court 
may treat the application for revision as a petition of appeal and deal with the same accordingly. 

443.  Power  of  High  Court  to  withdraw  or  transfer  revision  cases.—(1)  Whenever  one  or  more 
persons convicted at the same trial makes or make application to a High Court for revision and any other 
person convicted at the same trial makes an application to the Sessions Judge for revision, the High Court 
shall decide, having regard to the general convenience of the parties and the importance of the questions 
involved, which of the two Courts should finally dispose of the applications for revision and when the High 
Court decides that all the applications for revision should be disposed of by itself, the High Court shall 
direct that the applications for revision pending before the Sessions Judge be transferred to itself and where 
the High Court decides that it is not necessary for it to dispose of the applications for revision, it shall direct 
that the applications for revision made to it be transferred to the Sessions Judge. 

(2) Whenever any application for revision is transferred to the High Court, that Court shall deal with 

the same as if it were an application duly made before itself. 

(3) Whenever any application for revision is transferred to the Sessions Judge, that Judge shall deal 

with the same as if it were an application duly made before himself. 

(4) Where an application for revision is transferred by the High Court to the Sessions Judge, no further 
application for revision shall lie to the High Court or to any other Court at the instance of the person or 
persons whose applications for revision have been disposed of by the Sessions Judge. 

150 

 
444. Option of Court to hear parties.—Save as otherwise expressly provided by this Sanhita, no party 
has any right to be heard either personally or by an advocate before any Court exercising its powers of 
revision; but the Court may, if it thinks fit, when exercising such powers, hear any party either personally 
or by an advocate. 

445. High Court's order to be certified to lower Court.—When a case is revised under this Chapter 
by the High Court or a Sessions Judge, it or he shall, in the manner provided by section 429, certify its 
decision or order to the Court by which the finding, sentence or order revised was recorded or passed, and 
the Court to which the decision or order is so certified shall thereupon make such orders as are conformable 
to the decision so certified, and, if necessary, the record shall be amended in accordance therewith. 

CHAPTER XXXIII 

TRANSFER OF CRIMINAL CASES 

446. Power of Supreme Court to transfer cases and appeals.—(1) Whenever it is made to appear to 
the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any 
particular case or appeal be transferred from one High Court to another High Court or from a Criminal 
Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate 
to another High Court. 

(2) The Supreme Court may act under this section only on the application of the Attorney-General of 
India or of a party interested, and every such application shall be made by motion, which shall, except when 
the  applicant  is  the  Attorney-General  of  India  or  the  Advocate-General  of  the  State,  be  supported  by 
affidavit or affirmation. 

(3) Where any application for the exercise of the powers conferred by this section is dismissed, the 
Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant 
to pay by way of compensation to any person who has opposed the application such sum as it may consider 
appropriate in the circumstances of the case. 

447. Power of High Court to transfer cases and appeals.—(1) Whenever it is made to appear to the 

High Court— 

(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court subordinate thereto; 

or 

(b) that some question of law of unusual difficulty is likely to arise; or 

(c) that an order under this section is required by any provision of this Sanhita, or will tend to the 

general convenience of the parties or witnesses, or is expedient for the ends of justice,  

it may order— 

(i) that any offence be inquired into or tried by any Court not qualified under sections 197 to 205 

(both inclusive), but in other respects competent to inquire into or try such offence; 

(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal 

Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction; 

(iii) that any particular case be committed for trial to a Court of Session; or 

(iv) that any particular case or appeal be transferred to and tried before itself. 

(2) The High Court may act either on the report of the lower Court, or on the application of a party 

interested, or on its own initiative: 

Provided that no application shall lie to the High Court for transferring a case from one Criminal Court 
to another Criminal Court in the same sessions division, unless an application for such transfer has been 
made to the Sessions Judge and rejected by him. 

151 

 
(3) Every application for an order under sub-section (1) shall be made by motion, which shall, except 

when the applicant is the Advocate-General of the State, be supported by affidavit or affirmation. 

(4) When such application is made by an accused person, the High Court may direct him to execute a 

bond  or  bail  bond  for  the  payment  of  any  compensation  which  the  High  Court  may  award  under                                
sub-section (7). 

(5) Every accused person making such application shall give to the Public Prosecutor notice in writing 
of the application, together with a copy of the grounds on which it is made; and no order shall be made on 
the  merits  of the  application  unless  at least  twenty-four  hours  have elapsed  between the  giving  of  such 
notice and the hearing of the application. 

(6) Where the application is for the transfer of a case or appeal from any subordinate Court, the High 
Court may, if it is satisfied that it is necessary so to do in the interest of justice, order that, pending the 
disposal of the application the proceedings in the subordinate Court shall be stayed, on such terms as the 
High Court may think fit to impose: 

Provided that such stay shall not affect the subordinate Court's power of remand under section 346. 

(7) Where an application for an order under sub-section (1) is dismissed, the High Court may, if it is of 
opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation 
to any person who has opposed the application such sum as it may consider proper in the circumstances of 
the case. 

(8) When the High Court orders under sub-section (1) that a case be transferred from any Court for trial 
before itself, it shall observe in such trial the same procedure which that Court would have observed if the 
case had not been so transferred. 

(9) Nothing in this section shall be deemed to affect any order of the Government under section 218. 

448. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to 
a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that 
any  particular  case  be  transferred  from  one  Criminal  Court  to  another  Criminal  Court  in  his  sessions 
division. 

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party 

interested, or on his own initiative. 

(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to 
an  application  to  the  Sessions  Judge  for  an  order  under  sub-section  (1)  as  they  apply  in  relation  to  an 
application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) 
of that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten 
thousand rupees” were substituted. 

449. Withdrawal of cases and appeals by Sessions Judges.—(1) A Sessions Judge may withdraw 
any case or appeal from, or recall any case or appeal which he has made over to a Chief Judicial Magistrate 
subordinate to him. 

(2) At any time before the trial of the case or the hearing of the appeal has commenced before the 
Additional Sessions Judge, a Sessions Judge may recall any case or appeal which he has made over to any 
Additional Sessions Judge. 

(3)  Where  a  Sessions  Judge  withdraws  or  recalls  case  or  appeal  under  sub-section  (1)  or                                        

sub-section (2), he may either try the case in his own Court or hear the appeal himself, or make it over in 
accordance with the provisions of this Sanhita to another Court for trial or hearing, as the case may be. 

152 

 
 
450.  Withdrawal  of  cases  by  Judicial  Magistrates.—(1)  Any  Chief  Judicial  Magistrate  may 
withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate to him, 
and may inquire into or try such case himself, or refer it for inquiry or trial to any other such Magistrate 
competent to inquire into or try the same. 

(2) Any Judicial Magistrate may recall any case made over by him under sub-section (2) of section 212 

to any other Magistrate and may inquire into or try such cases himself. 

451. Making over or withdrawal of cases by Executive Magistrates.—Any District Magistrate or 

Sub-divisional Magistrate may— 

(a)  make  over,  for  disposal,  any  proceeding  which  has  been  started  before  him,  to  any  Magistrate 

subordinate to him; 

(b) withdraw any case from, or recall any case which he has made over to, any Magistrate subordinate 

to him, and dispose of such proceeding himself or refer it for disposal to any other Magistrate. 

452. Reasons to be recorded.—A Sessions Judge or Magistrate making an order under section 448, 

section 449, section 450 or section 451 shall record his reasons for making it. 

CHAPTER XXXIV 

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES 

A.—Death sentences 

453. Execution of order passed under section 409.—When in a case submitted to the High Court for 
the confirmation of a sentence of death, the Court of Session receives the order of confirmation or other 
order of the High Court thereon, it shall cause such order to be carried into effect by issuing a warrant or 
taking such other steps as may be necessary. 

454. Execution of sentence of death passed by High Court.—When a sentence of death is passed by 
the High Court in appeal or in revision, the Court of Session shall, on receiving the order of the High Court, 
cause the sentence to be carried into effect by issuing a warrant. 

455.  Postponement  of  execution  of  sentence  of  death  in  case  of  appeal  to  Supreme                                 

Court.—(1) Where a person is sentenced to death by the High Court and an appeal from its judgment lies 
to the Supreme Court under sub-clause (a) or sub-clause (b) of clause (1) of article 134 of the Constitution, 
the  High  Court  shall  order  the  execution  of  the  sentence  to  be  postponed  until  the  period  allowed  for 
preferring  such appeal  has  expired,  or  if,  an  appeal  is  preferred  within  that  period,  until  such  appeal  is 
disposed of. 

(2) Where a sentence of death is passed or confirmed by the High Court, and the person sentenced 
makes an application to the High Court for the grant of a certificate under article 132 or under sub-clause 
(c) of clause (1) of article 134 of the Constitution, the High Court shall order the execution of the sentence 
to be postponed until such application is disposed of by the High Court, or if a certificate is granted on such 
application, until the period allowed for preferring an appeal to the Supreme Court on such certificate has 
expired. 

(3) Where a sentence of death is passed or confirmed by the High Court, and the High Court is satisfied 
that the person sentenced intends to present a petition to the Supreme Court for the grant of special leave 
to appeal under article 136 of the Constitution, the High Court shall order the execution of the sentence to 
be postponed for such period as it considers sufficient to enable him to present such petition. 

456. Commutation of sentence of death on pregnant woman.—If a woman sentenced to death is 

found to be pregnant, the High Court shall commute the sentence to imprisonment for life. 

153 

 
 
B.—Imprisonment 

457. Power to appoint place of imprisonment.—(1) Except when otherwise provided by any law for 
the time being in force, the State Government may direct in what place any person liable to be imprisoned 
or committed to custody under this Sanhita shall be confined. 

(2) If any person liable to be imprisoned or committed to custody under this Sanhita is in confinement 
in a civil jail, the Court or Magistrate ordering the imprisonment or committal may direct that the person 
be removed to a criminal jail. 

(3)  When  a  person  is  removed  to  a  criminal  jail  under  sub-section  (2),  he  shall,  on  being  released 

therefrom, be sent back to the civil jail, unless either— 

(a) three years have elapsed since he was removed to the criminal jail, in which case he shall be 
deemed to have been released from the civil jail under section 58 of the Code of Civil Procedure, 1908 
(5 of 1908); or 

(b) the Court which ordered his imprisonment in the civil jail has certified to the officer in charge 
of the criminal jail that he is entitled to be released under section 58 of the Code of Civil Procedure, 
1908 (5 of 1908). 

458. Execution of sentence of imprisonment.—(1) Where the accused is sentenced to imprisonment 
for life  or to  imprisonment  for  a term  in  cases  other than those  provided  for  by  section  453,  the  Court 
passing the sentence shall forthwith forward a warrant to the jail or other place in which he is, or is to be, 
confined, and, unless the accused is already confined in such jail or other place, shall forward him to such 
jail or other place, with the warrant: 

Provided that where the accused is sentenced to imprisonment till the rising of the Court, it shall not be 
necessary to prepare or forward a warrant to a jail, and the accused may be confined in such place as the 
Court may direct. 

(2)  Where  the  accused  is  not  present  in  Court  when  he  is  sentenced  to  such  imprisonment  as  is 
mentioned in sub-section (1), the Court shall issue a warrant for his arrest for the purpose of forwarding 
him to the jail or other place in which he is to be confined; and in such case, the sentence shall commence 
on the date of his arrest. 

459.  Direction  of  warrant  for  execution.—Every  warrant  for  the  execution  of  a  sentence  of 
imprisonment shall be directed to the officer in charge of the jail or other place in which the prisoner is, or 
is to be, confined. 

460. Warrant with whom to be lodged.—When the prisoner is to be confined in a jail, the warrant 

shall be lodged with the jailor. 

Levy of fine 

461. Warrant for levy of fine.—(1) When an offender has been sentenced to pay a fine, but no such 
payment has been made, the Court passing the sentence may take action for the recovery of the fine in either 
or both of the following ways, that is to say, it may— 

(a) issue a warrant for the levy of the amount by attachment and sale of any movable property 

belonging to the offender; 

(b) issue a warrant to the Collector of the district, authorising him to realise the amount as arrears 

of land revenue from the movable or immovable property, or both, of the defaulter: 

Provided that, if the sentence directs that in default of payment of the fine, the offender shall be imprisoned, 
and if such offender has undergone the whole of such imprisonment in default, no Court shall issue such warrant 
unless, for special reasons to be recorded in writing, it considers it necessary so to do, or unless it has made an 
order for the payment of expenses or compensation out of the fine under section 395. 

154 

 
(2) The State Government may make rules regulating the manner in which warrants under clause (a) of 
sub-section (1) are to be executed, and for the summary determination of any claims made by any person 
other than the offender in respect of any property attached in execution of such warrant. 

(3) Where the Court issues a warrant to the Collector under clause (b) of sub-section (1), the Collector 
shall realise the amount in accordance with the law relating to recovery of arrears of land revenue, as if 
such warrant were a certificate issued under such law: 

Provided that no such warrant shall be executed by the arrest or detention in prison of the offender. 

462. Effect of such warrant.—A warrant issued under clause (a) of sub-section (1) of section 461 by 
any Court may be executed within the local jurisdiction of such Court, and it shall authorise the attachment 
and sale of any such property outside such jurisdiction, when it is endorsed by the District Magistrate within 
whose local jurisdiction such property is found. 

463. Warrant for levy of fine issued by a Court in any territory to which this Sanhita does not 
extend.—Notwithstanding anything in this Sanhita or in any other law for the time being in force, when an 
offender has been sentenced to pay a fine by a Criminal Court in any territory to which this Sanhita does 
not extend and the Court passing the sentence issues a warrant to the Collector of a district in the territories 
to which this Sanhita extends, authorising him to realise the amount as if it were an arrear of land revenue, 
such warrant shall be deemed to be a warrant issued under clause (b) of sub-section (1) of section 461 by a 
Court in the territories to which this Sanhita extends, and the provisions of sub-section (3) of the said section 
as to the execution of such warrant shall apply accordingly. 

464.  Suspension  of  execution  of  sentence  of  imprisonment.—(1)  When  an  offender  has  been 
sentenced  to  fine  only  and  to  imprisonment  in  default  of  payment  of  the  fine,  and  the  fine  is  not  paid 
forthwith, the Court may— 

(a) order that the fine shall be payable either in full on or before a date not more than thirty days 
from the date of the order, or in two or three installments, of which the first shall be payable on or 
before a date not more than thirty days from the date of the order and the other or others at an interval 
or at intervals, as the case may be, of not more than thirty days; 

(b)  suspend  the  execution  of  the  sentence  of  imprisonment  and  release  the  offender,  on  the 
execution by the offender of a bond or bail bond, as the Court thinks fit, conditioned for his appearance 
before the Court on the date or dates on or before which payment of the fine or the installments thereof, 
as the case may be, is to be made; and if the amount of the fine or of any installment, as the case may 
be, is not realised on or before the latest date on which it is payable under the order, the Court may 
direct the sentence of imprisonment to be carried into execution at once. 

(2) The provisions of sub-section (1) shall be applicable also in any case in which an order for the 
payment of money has been made on non-recovery of which imprisonment may be awarded and the money 
is not paid forthwith; and, if the person against whom the order has been made, on being required to enter 
into a bond such as is referred to in that sub-section, fails to do so, the Court may at once pass sentence of 
imprisonment. 

D.—General provisions regarding execution 

465. Who may issue warrant.—Every warrant for the execution of a sentence may be issued either by 

the Judge or Magistrate who passed the sentence, or by his successor-in-office. 

466. Sentence on escaped convict when to take effect.—(1) When a sentence of death, imprisonment 
for  life  or  fine  is  passed  under  this  Sanhita  on  an  escaped  convict,  such  sentence  shall,  subject  to  the 
provisions hereinbefore contained, take effect immediately. 

(2)  When  a  sentence  of  imprisonment  for  a  term  is  passed  under  this  Sanhita  on  an  escaped                    

convict, — 

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(a) if such sentence is severer in kind than the sentence which such convict was undergoing when 

he escaped, the new sentence shall take effect immediately; 

(b) if such sentence is not severer in kind than the sentence which such convict was undergoing 
when he escaped, the new sentence shall take effect after he has suffered imprisonment for a further 
period equal to that which, at the time of his escape, remained unexpired of his former sentence. 

(3) For the purposes of sub-section (2), a sentence of rigorous  imprisonment shall be deemed to be 

severer in kind than a sentence of simple imprisonment. 

467.  Sentence  on  offender  already  sentenced  for  another  offence.—(1)  When  a  person  already 
undergoing  a  sentence  of  imprisonment  is  sentenced  on  a  subsequent  conviction  to  imprisonment  or 
imprisonment for life, such imprisonment or imprisonment for life shall commence at the expiration of the 
imprisonment  to  which  he  has  been  previously  sentenced,  unless  the  Court  directs  that  the  subsequent 
sentence shall run concurrently with such previous sentence: 

Provided that where a person who has been sentenced to imprisonment by an order under section 141 
in  default  of  furnishing  security  is,  whilst  undergoing  such  sentence, sentenced  to  imprisonment  for  an 
offence committed prior to the making of such order, the latter sentence shall commence immediately. 

(2) When a person already undergoing a sentence of imprisonment for life is sentenced on a subsequent 
conviction  to  imprisonment  for  a  term  or  imprisonment  for  life,  the  subsequent  sentence  shall  run 
concurrently with such previous sentence. 

468. Period of detention undergone by accused to be set off against sentence of imprisonment.—
Where  an  accused  person  has,  on  conviction,  been  sentenced  to  imprisonment  for  a  term,  not  being 
imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the 
investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against 
the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo 
imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment 
imposed on him: 

Provided that in cases referred to in section 475, such period of detention shall be set off against the 

period of fourteen years referred to in that section. 

469. Saving.—(1) Nothing in section 466 or section 467 shall be held to excuse any person from any 

part of the punishment to which he is liable upon his former or subsequent conviction. 

(2) When an award of imprisonment in default of payment of a fine is annexed to a substantive sentence 
of  imprisonment  and  the  person  undergoing  the  sentence  is  after  its  execution  to  undergo  a  further 
substantive sentence or further substantive sentences of imprisonment, effect shall not be given to the award 
of imprisonment in default of payment of the fine until the person has undergone the further sentence or 
sentences. 

470. Return of warrant on execution of sentence.—When a sentence has been fully executed, the 
officer executing it shall return the warrant to the Court from which it is issued, with an endorsement under 
his hand certifying the manner in which the sentence has been executed. 

471. Money ordered to be paid recoverable as a fine.—Any money (other than a fine) payable by 
virtue of any order made under this Sanhita, and the method of recovery of which is not otherwise expressly 
provided for, shall be recoverable as if it were a fine: 

Provided that section 461 shall, in its application to an order under section 400, by virtue of this section, 
be construed as if in the proviso to sub-section (1) of section 461, after the words and figures “under section 
395”, the words and figures “or an order for payment of costs under section 400” had been inserted. 

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E.—Suspension, remission and commutation of sentences 

472. Mercy petition in death sentence cases.—(1) A convict under the sentence of death or his legal 
heir or any other relative may, if he has not already submitted a petition for mercy, file a mercy petition 
before  the  President  of  India  under article  72 or  the  Governor  of  the  State  under article  161 of  the 
Constitution within a period of thirty days from the date on which the Superintendent of the jail, — 

(i) informs him about the dismissal of the appeal, review or special leave to appeal by the Supreme 

Court; or 

(ii) informs him about the date of confirmation of the sentence of death by the High Court and the 

time allowed to file an appeal or special leave in the Supreme Court has expired. 

(2) The petition under sub-section (1) may, initially be made to the Governor and on its rejection or 
disposal by the Governor, the petition shall be made to the President within a period of sixty days from the 
date of rejection or disposal of such petition. 

(3) The Superintendent of the jail or officer in charge of the jail shall ensure, that every convict, in case 
there are more than one convict in a case, also files the mercy petition within a period of sixty days and on 
non-receipt  of  such  petition  from  the  other  convicts,  Superintendent  of  the  jail  shall  send  the  names, 
addresses, copy of the record of the case and all other details of the case to the Central Government or the 
State Government for consideration along with the said mercy petition. 

(4) The Central Government shall, on receipt of the mercy petition seek the comments of the State 
Government and consider the petition along with the records of the case and make recommendations to the 
President in this behalf, as expeditiously as possible, within a period of sixty days from the date of receipt 
of comments of the State Government and records from Superintendent of the Jail. 

(5) The President may, consider, decide and dispose of the mercy petition and, in case there are more 
than one convict in a case, the petitions shall be decided by the President together in the interests of justice. 

(6)  Upon receipt  of the  order  of the  President  on the  mercy  petition,  the  Central  Government  shall 
within forty-eight hours, communicate the same to the Home Department of the State Government and the 
Superintendent of the jail or officer in charge of the jail. 

(7)  No  appeal  shall  lie  in  any  Court  against  the  order  of  the  President  or  of  the  Governor  made 
under article 72 or article 161 of the Constitution and it shall be final, and any question as to the arriving of 
the decision by the President or the Governor shall not be inquired into in any Court. 

473. Power to suspend or remit sentences.—(1) When any person has been sentenced to punishment 
for an offence, the appropriate Government may, at any time, without conditions or upon any conditions 
which the person sentenced accepts, suspend the execution of his sentence or remit the whole or any part 
of the punishment to which he has been sentenced. 

(2) Whenever an application is made to the appropriate Government for the suspension or remission of 
a sentence, the appropriate Government may require the presiding Judge of the Court before or by which 
the conviction was had or confirmed, to state his opinion as to whether the application should be granted or 
refused, together with his reasons for such opinion and also to forward with the statement of such opinion 
a certified copy of the record of the trial or of such record thereof as exists. 

(3)  If  any  condition  on  which  a  sentence  has  been  suspended  or  remitted  is,  in  the  opinion  of  the 
appropriate Government, not fulfilled, the appropriate Government may cancel the suspension or remission, 
and thereupon the person in whose favour the sentence has been suspended or remitted may, if at large, be 
arrested  by  any  police  officer,  without  warrant  and  remanded  to  undergo  the  unexpired  portion  of  the 
sentence. 

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(4) The condition on which a sentence is suspended or remitted under this section may be one  to be 
fulfilled by the person in whose favour the sentence is suspended or remitted, or one independent of his 
will. 

(5)  The  appropriate  Government  may,  by  general  rules  or  special  orders,  give  directions  as  to  the 

suspension of sentences and the conditions on which petitions should be presented and dealt with: 

Provided that in the case of any sentence (other than a sentence of fine) passed on a person above the 
age of eighteen years, no such petition by the person sentenced or by any other person on his behalf shall 
be entertained, unless the person sentenced is in jail, and— 

(a) where such petition is made by the person sentenced, it is presented through the officer in charge 

of the jail; or 

(b)  where  such  petition  is  made  by  any  other  person,  it  contains  a  declaration  that  the  person 

sentenced is in jail. 

(6) The provisions of the above sub-sections shall also apply to any order passed by a Criminal Court 
under any section of this Sanhita or of any other law, which restricts the liberty of any person or imposes 
any liability upon him or his property. 

(7) In this section and in section 474, the expression “appropriate Government” means,— 

(a) in cases where the sentence is for an offence against, or the order referred to in sub-section (6) 
is passed under, any law relating to a matter to which the executive power of the Union extends, the 
Central Government; 

(b) in other cases, the Government of the State within which the offender is sentenced or the said 

order is passed. 

474.  Power  to  commute  sentence.—The  appropriate  Government  may,  without  the  consent  of the 

person sentenced, commute— 

(a) a sentence of death, for imprisonment for life; 

(b) a sentence of imprisonment for life, for imprisonment for a term not less than seven years; 

(c) a sentence of imprisonment for seven years or more, for imprisonment for a term not less than 

three years; 

(d) a sentence of imprisonment for less than seven years, for fine; 

(e) a sentence of rigorous imprisonment, for simple imprisonment for any term to which that person 

might have been sentenced. 

475.  Restriction  on  powers  of  remission  or  commutation  in  certain  cases.—Notwithstanding 
anything contained in section 473, where a sentence of imprisonment for life is imposed on conviction of a 
person for an offence for which death is one of the punishments provided by law, or where a sentence of 
death imposed on a person has been commuted under section 474 into one of imprisonment for life, such 
person shall not be released from prison unless he had served at least fourteen years of imprisonment. 

476. Concurrent power of Central Government in case of death sentences.—The powers conferred 
by sections 473 and 474 upon the State Government may, in the case of sentences of death, also be exercised 
by the Central Government. 

477. State Government to act after concurrence with Central Government in certain cases.—(1) 
The powers conferred by sections 473 and 474 upon the State Government to remit or commute a sentence, 
in any case where the sentence is for an offence— 

(a) which was investigated by any agency empowered to make investigation into an offence under 

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any Central Act other than this Sanhita; or 

(b) which involved the misappropriation or destruction of, or damage to, any property belonging to 

the Central Government; or 

(c) which was committed by a person in the service of the Central Government while acting or 

purporting to act in the discharge of his official duty, 

shall not be exercised by the State Government except after concurrence with the Central Government. 

(2) No order of suspension, remission or commutation of sentences passed by the State Government in 
relation to a person, who has been convicted of offences, some of which relate to matters to which the 
executive  power  of the  Union  extends, and  who  has been  sentenced to  separate  terms  of  imprisonment 
which  are  to  run  concurrently,  shall  have  effect  unless  an  order  for  the  suspension,  remission  or 
commutation, as the case may be, of such sentences has also been made by the Central Government in 
relation to the offences committed by such person with regard to matters to which the executive power of 
the Union extends. 

CHAPTER XXXV 

PROVISIONS AS TO BAIL AND BONDS 

478. In what cases bail to be taken.—(1) When any person other than a person accused of a non-
bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears 
or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage 
of the proceeding before such Court to give bail, such person shall be released on bail: 

Provided that such officer or Court, if he or it thinks fit, may, and shall, if such person is indigent and 
is unable to furnish surety, instead of taking bail bond from such person, discharge him on his executing a 
bond for his appearance as hereinafter provided. 

Explanation.—Where a person is unable to give bail bond within a week of the date of his arrest, it 
shall be a sufficient ground for the officer or the Court to presume that he is an indigent person for the 
purposes of this proviso: 

Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) 

of section 135 or section 492. 

(2)  Notwithstanding  anything  in  sub-section  (1),  where  a  person  has  failed  to  comply  with  the 
conditions of the bond or bail bond as regards the time and place of attendance, the Court may refuse to 
release him on bail, when on a subsequent occasion in the same case he appears before the Court or is 
brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon 
any person bound by such bond or bail bond to pay the penalty thereof under section 491. 

479. Maximum period for which under trial prisoner can be detained.—(1) Where a person has, 
during the period of investigation, inquiry or trial under this Sanhita of an offence under any law (not being 
an  offence  for  which  the  punishment  of  death  or  life  imprisonment  has  been  specified  as  one  of  the 
punishments under that law) undergone detention for a period extending up to one-half of the maximum 
period of imprisonment specified for that offence under that law, he shall be released by the Court on bail: 

Provided that where such person is a first-time offender (who has never been convicted of any offence 
in the past) he shall be released on bond by the Court, if he has undergone detention for the period extending 
up to one-third of the maximum period of imprisonment specified for such offence under that law: 

Provided further that the Court may, after hearing the Public Prosecutor and for reasons to be recorded 
by it in writing, order the continued detention of such person for a period longer than one-half of the said 
period or release him on bail bond instead of his bond: 

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Provided  also  that  no  such  person  shall  in  any  case  be  detained  during  the  period  of  investigation, 
inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that 
law. 

Explanation.—In computing the period of detention under this section for granting bail, the period of 

detention passed due to delay in proceeding caused by the accused shall be excluded. 

(2)  Notwithstanding  anything  in  sub-section  (1),  and  subject  to  the  third  proviso  thereof,  where  an 
investigation, inquiry or trial in more than one offence or in multiple cases are pending against a person, he 
shall not be released on bail by the Court. 

(3) The Superintendent of jail, where the accused person is detained, on completion of one-half or one-
third of the period mentioned in sub-section (1), as the case may be, shall forthwith make an application in 
writing to the Court to proceed under sub-section (1) for the release of such person on bail. 

480. When bail may be taken in case of non-bailable offence.—(1) When any person accused of, or 
suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an 
officer in charge of a police station or appears or is brought before a Court other than the High Court or 
Court of Session, he may be released on bail, but— 

(i) such person shall not be so released if there appear reasonable grounds for believing that he has 

been guilty of an offence punishable with death or imprisonment for life; 

(ii) such person shall not be so released if such offence is a cognizable offence and he had been 
previously convicted of an offence punishable with death, imprisonment for life or imprisonment for 
seven years or more, or he had been previously convicted on two or more occasions of a cognizable 
offence punishable with imprisonment for three years or more but less than seven years: 

Provided that the Court may direct that a person referred to in clause (i) or clause (ii) be released on 

bail if such person is a child or is a woman or is sick or infirm: 

Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail 

if it is satisfied that it is just and proper so to do for any other special reason: 

Provided  also  that  the  mere  fact  that  an  accused  person  may  be  required  for  being  identified  by 
witnesses during investigation or for police custody beyond the first fifteen days shall not be sufficient 
ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking 
that he shall comply with such directions as may be given by the Court: 

Provided also that no person shall, if the offence alleged to have been committed by him is punishable 
with death, imprisonment for life, or imprisonment for seven years or more, be released on bail by the Court 
under this sub-section without giving an opportunity of hearing to the Public Prosecutor. 

(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial,  as the case 
may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable 
offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to 
the provisions of section 492 and pending such inquiry, be released on bail, or, at the discretion of such 
officer or Court, on the execution by him of a bond for his appearance as hereinafter provided. 

(3) When a person accused or suspected of the commission of an offence punishable with imprisonment 
which may extend to seven years or more or of an offence under Chapter VI, Chapter VII or Chapter XVII 
of the Bharatiya Nyaya Sanhita, 2023 or abetment of, or conspiracy or attempt to commit, any such offence, 
is released on bail under sub-section (1), the Court shall impose the conditions,-- 

(a) that such person shall attend in accordance with the conditions of the bond executed under this 

Chapter; 

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(b) that such person shall not commit an offence similar to the offence of which he is accused, or 

suspected, of the commission of which he is suspected; and 

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any 
person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the 
Court or to any police officer or tamper with the evidence,  

and may also impose, in the interests of justice, such other conditions as it considers necessary. 

(4) An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall 

record in writing his or its reasons or special reasons for so doing. 

(5) Any Court which has released a person on bail under sub-section (1) or sub-section (2), may, if it 

considers it necessary so to do, direct that such person be arrested and commit him to custody. 

(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is 
not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such 
person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction 
of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. 

(7) If, at any time, after the conclusion of the trial of a person accused of a non-bailable offence and 
before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that 
the accused is not guilty of any such offence, it shall release the accused, if he is in custody, on the execution 
by him of a bond for his appearance to hear judgment delivered. 

481. Bail to require accused to appear before next Appellate Court.—(1) Before conclusion of the 
trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may 
be, shall require the accused to execute a bond or bail bond, to appear before the higher Court as and when 
such Court issues notice in respect of any appeal or petition filed against the judgment of the respective 
Court and such bond shall be in force for six months. 

(2) If such accused fails to appear, the bond stand forfeited and the procedure under section 491 shall 

apply. 

482. Direction for grant of bail to person apprehending arrest.—(1) When any person has reason 
to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may 
apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it 
thinks fit, direct that in the event of such arrest, he shall be released on bail. 

(2) When the High Court or the Court of Session makes a direction under sub-section (1), it may include 

such  conditions  in  such  directions  in  the  light  of  the  facts  of  the  particular  case,  as  it  may  think  fit,                    
including— 

(i) a condition that the person shall make himself available for interrogation by a police officer as 

and when required; 

(ii)  a  condition  that the  person  shall  not,  directly  or  indirectly,  make  any  inducement,  threat  or 
promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such 
facts to the Court or to any police officer; 

(iii) a condition that the person shall not leave India without the previous permission of the Court; 

(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were 

granted under that section. 

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on 
such accusation, and is prepared either at the time of arrest or at any time while in the custody of such 
officer to  give  bail, he  shall  be  released  on  bail;  and if  a Magistrate taking  cognizance  of  such offence 

161 

 
decides that a warrant should be issued in the first instance against that person, he shall issue a bailable 
warrant in conformity with the direction of the Court under sub-section (1). 

(4) Nothing in this section shall apply to any case involving the arrest of any person on accusation of 
having committed an offence under section 65 and sub-section (2) of section 70 of the Bharatiya Nyaya 
Sanhita, 2023. 

483. Special powers of High Court or Court of Session regarding bail.—(1) A High Court or Court 

of Session may direct,— 

(a) that any person accused of an offence and in custody be released on bail, and if the offence is of the 
nature specified in sub-section (3) of section 480, may impose any condition which it considers necessary 
for the purposes mentioned in that sub-section; 

(b)  that  any  condition  imposed  by  a  Magistrate  when  releasing  any  person  on  bail  be  set  aside  or 

modified: 

Provided that the High Court or the Court of Session shall, before granting bail to a person who is 
accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, 
is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor 
unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice: 

Provided further that the High Court or the Court of Session shall, before granting bail to a person who 
is accused of an offence triable under section 65 or sub-section (2) of section 70 of the Bharatiya Nyaya 
Sanhita, 2023, give notice of the application for bail to the Public Prosecutor within a period of fifteen days 
from the date of receipt of the notice of such application. 

(2) The presence of the informant or any person authorised by him shall be obligatory at the time of 
hearing  of  the  application for  bail to  the  person  under section  65 or  sub-section (2)  of section  70 of the 
Bharatiya Nyaya Sanhita, 2023. 

(3) A High Court or Court of Session may direct that any person who has been released on bail under 

this Chapter be arrested and commit him to custody. 

484. Amount of bond and reduction thereof.—(1) The amount of every bond executed under this 

Chapter shall be fixed with due regard to the circumstances of the case and shall not be excessive. 

(2) The  High  Court  or the  Court  of  Session  may  direct  that  the  bail  required  by  a  police  officer  or 

Magistrate be reduced. 

485. Bond of accused and sureties.—(1) Before any person is released on bond or bail bond, a bond 
for such sum of money as the police officer or Court, as the case may be, thinks sufficient shall be executed 
by such person, and, when he is released on bond or bail bond, by one or more sufficient sureties conditioned 
that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend 
until otherwise directed by the police officer or Court, as the case may be. 

(2) Where any condition is imposed for the release of any person on bail, the bond or bail bond shall 

also contain that condition. 

(3) If the case so requires, the bond or bail bond shall also bind the person released on bail to appear 

when called upon at the High Court, Court of Session or other Court to answer the charge. 

(4)  For  the  purpose  of  determining  whether  the  sureties  are  fit  or  sufficient,  the  Court  may  accept 
affidavits in proof of the facts contained therein relating to the sufficiency or fitness of the sureties, or, if it 
considers  necessary,  may  either  hold  an  enquiry  itself  or  cause  an  inquiry  to  be  made  by  a  Magistrate 
subordinate to the Court, as to such sufficiency or fitness. 

162 

 
486. Declaration by sureties.—Every person standing surety to an accused person for his release on 
bail, shall make a declaration before the Court as to the number of persons to whom he has stood surety 
including the accused, giving therein all the relevant particulars. 

487. Discharge from custody.—(1) As soon as the bond or bail bond has been executed, the person 
for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him 
to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the 
orders shall release him. 

(2) Nothing in this section, section 478 or section 480, shall be deemed to require the release of any 
person liable to be detained for some matter other than that in respect of which the bond or bail bond was 
executed. 

488. Power to order sufficient bail when that first taken is insufficient.—If, through mistake, 
fraud or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the 
Court may issue a warrant of arrest directing that the person released on bail be brought before it and may 
order him to find sufficient sureties, and, on his failing so to do, may commit him to jail. 

489. Discharge of sureties.—(1) All or any sureties for the attendance and appearance of a person 
released on bail may at any time apply to a Magistrate to discharge the bond, either wholly or so far as 
relates to the applicants. 

(2) On such application being made, the Magistrate shall issue his warrant of arrest directing that the 

person so released be brought before him. 

(3)  On  the  appearance  of  such  person  pursuant  to  the  warrant,  or  on  his  voluntary  surrender,  the 
Magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and 
shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail. 

490.  Deposit  instead  of  recognizance.—When  any  person  is  required  by  any  Court  or  officer  to 
execute a bond or bail bond, such Court or officer may, except in the case of a bond for good behaviour, 
permit him to deposit a sum of money or Government promissory notes to such amount as the Court or 
officer may fix in lieu of executing such bond.  

491. Procedure when bond has been forfeited.—(1) Where, — 

(a) a bond under this Sanhita is for appearance, or for production of property, before a Court and it 
is proved to the satisfaction of that Court, or of any Court to which the case has subsequently been 
transferred, that the bond has been forfeited; or 

(b) in respect of any other bond under this Sanhita, it is proved to the satisfaction of the Court by 
which the bond was taken, or of any Court to which the case has subsequently been transferred, or of 
the Court of any Magistrate of the first class, that the bond has been forfeited,  

the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay 
the penalty thereof or to show cause why it should not be paid. 

Explanation.—A condition in a bond for appearance, or for production of property, before a Court shall 
be construed as including a condition for appearance, or as the case may be, for production of property, 
before any Court to which the case may subsequently be transferred. 

(2) If sufficient cause is not shown and the penalty is not paid, the Court may proceed to recover the 

same as if such penalty were a fine imposed by it under this Sanhita: 

Provided  that  where  such penalty  is  not  paid  and  cannot  be recovered  in the manner  aforesaid,  the 
person so bound as surety shall be liable, by order of the Court ordering the recovery of the penalty, to 
imprisonment in civil jail for a term which may extend to six months. 

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(3) The Court may, after recording its reasons for doing so, remit any portion of the penalty mentioned 

and enforce payment in part only. 

(4) Where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all 

liability in respect of the bond. 

(5) Where any person who has furnished security under section 125 or section 136 or section 401 is 
convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a 
bond executed in lieu of his bond under section 494, a certified copy of the judgment of the Court by which 
he was convicted of such offence may be used as evidence in proceedings under this section against his 
surety or sureties, and, if such certified copy is so used, the Court shall presume that such offence was 
committed by him unless the contrary is proved. 

492. Cancellation of bond and bail bond.—Without prejudice to the provisions of section 491, where 
a bond or bail bond under this Sanhita is for appearance of a person in a case and it is forfeited for breach 
of a condition,— 

(a) the bond executed by such person as well as the bond, if any, executed by one or more of his 

sureties in that case shall stand cancelled; and 

(b) thereafter no such person shall be released only on his own bond in that case, if the police officer 
or the Court, as the case may be, for appearance before whom the bond was executed, is satisfied that 
there  was  no  sufficient  cause  for  the  failure  of  the  person  bound  by  the  bond  to  comply  with  its 
condition: 

Provided that subject to any other provisions of this Sanhita he may be released in that case upon the 
execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the 
police officer or the Court, as the case may be, thinks sufficient. 

493. Procedure in case of insolvency or death of surety or when a bond is forfeited.—When any 
surety to a bail bond under this Sanhita becomes insolvent or dies, or when any bond is forfeited under the 
provisions of section 491, the Court by whose order such bond was taken, or a Magistrate of the first class 
may order the person from whom such security was demanded to furnish fresh security in accordance with 
the directions of the original order, and if such security is not furnished, such Court or Magistrate may 
proceed as if there had been a default in complying with such original order. 

494. Bond required from child.—When the person required by any Court, or officer to execute a bond 

is a child, such Court or officer may accept, in lieu thereof, a bond executed by a surety or sureties only. 

495.  Appeal  from  orders  under  section  491.—All  orders  passed  under  section  491  shall  be 

appealable,— 

(i) in the case of an order made by a Magistrate, to the Sessions Judge; 

(ii) in the case of an order made by a Court of Session, to the Court to which an appeal lies from an 

order made by such Court. 

496. Power to direct levy of amount due on certain recognizances.—The High Court or Court of 
Session may direct any Magistrate to levy the amount due on a bond for appearance or attendance at such 
High Court or Court of Session. 

CHAPTER XXXVI 

DISPOSAL OF PROPERTY 

497. Order for custody and disposal of property pending trial in certain cases.—(1) When any 
property is produced before any Criminal Court or the Magistrate empowered to take cognizance or commit 
the case for trial during any investigation, inquiry or trial, the Court or the Magistrate may make such order 
as it thinks fit for the proper custody of such property pending the conclusion of the investigation, inquiry 

164 

 
or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, 
the Court or the Magistrate may, after recording such evidence as it thinks necessary, order it to be sold or 
otherwise disposed of. 

Explanation.—For the purposes of this section, “property” includes— 

(a) property of any kind or document which is produced before the Court or which is in its custody; 

(b) any property regarding which an offence appears to have been committed or which appears to 

have been used for the commission of any offence. 

(2)  The  Court  or  the  Magistrate  shall,  within  a  period  of  fourteen  days  from  the  production  of  the 
property  referred  to  in  sub-section  (1)  before  it,  prepare  a  statement  of  such  property  containing  its 
description in such form and manner as the State Government may, by rules, provide. 

(3) The Court or the Magistrate shall cause to be taken the photograph and if necessary, videograph on 

mobile phone or any electronic media, of the property referred to in sub-section (1). 

(4) The statement prepared under sub-section (2) and the photograph or the videography taken under 

sub-section (3) shall be used as evidence in any inquiry, trial or other proceeding under the Sanhita. 

(5) The Court or the Magistrate shall, within a period of thirty days after the statement has been prepared 
under sub-section (2) and the photograph or the videography has been taken under sub-section (3), order 
the disposal, destruction, confiscation or delivery of the property in the manner specified hereinafter. 

498. Order for disposal of property at conclusion of trial.—(1) When an investigation, inquiry or 
trial in any criminal case is concluded, the Court or the Magistrate may make such order as it thinks fit for 
the disposal, by destruction, confiscation or delivery to any person claiming to be entitled to possession 
thereof or otherwise, of any property or document produced before it or in its custody, or regarding which 
any offence appears to have been committed, or which has been used for the commission of any offence. 

(2) An order may be made under sub-section (1) for the delivery of any property to any person claiming 
to be entitled to the possession thereof, without any condition or on condition that he executes a bond, with 
or without securities, to the satisfaction of the Court or the Magistrate, engaging to restore such property to 
the Court if the order made under sub-section (1) is modified or set aside on appeal or revision. 

(3) A Court of Session may, instead of itself making an order under sub-section (1), direct the property 
to be delivered to the Chief Judicial Magistrate, who shall thereupon deal with it in the manner provided in 
sections 503, 504 and 505. 

(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond 
has been executed in pursuance of sub-section (2), an order made under sub-section (1) shall not be carried 
out for two months, or when an appeal is presented, until such appeal has been disposed of. 

(5) In this section, the term “property” includes, in the case of property regarding which an offence 
appears to have been committed, not only such property as has been originally in the possession or under 
the control of any party, but also any property into or for which the same may  have been converted or 
exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise. 

499. Payment to innocent purchaser of money found on accused.—When any person is convicted 
of any offence which includes, or amounts to, theft or receiving stolen property, and it is proved that any 
other person bought the stolen property from him without knowing or having reason to believe that the 
same was stolen, and that any money has on his arrest been taken out of the possession of the convicted 
person, the Court may, on the application of such purchaser and on the restitution of the stolen property to 
the person entitled to the possession thereof, order that out of such money a sum not exceeding the price 
paid by such purchaser be delivered to him within six months from the date of such order. 

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500. Appeal against orders under section 498 or section 499.—(1) Any person aggrieved by an order 
made by a Court or Magistrate under section 498 or section 499, may appeal against it to the Court to which 
appeals ordinarily lie from convictions by the former Court. 

(2)  On  such  appeal,  the  Appellate  Court  may  direct  the  order  to  be  stayed  pending  disposal  of  the 

appeal, or may modify, alter or annul the order and make any further orders that may be just. 

(3) The powers referred to in sub-section (2) may also be exercised by a Court of appeal, confirmation 

or revision while dealing with the case in which the order referred to in sub-section (1) was made. 

501. Destruction of libellous and other matter.—(1) On a conviction under section 294, section 295, 
or sub-sections (3) and (4) of section 356 of the Bharatiya Nyaya Sanhita, 2023, the Court may order the 
destruction of all the copies of the thing in respect of which the conviction was had, and which are in the 
custody of the Court or remain in the possession or power of the person convicted. 

(2)  The  Court  may,  in  like  manner,  on  a  conviction  under section  274, section  275, section  276 
or section 277 of the Bharatiya Nyaya Sanhita, 2023, order the food, drink, drug or medical preparation in 
respect of which the conviction was had, to be destroyed. 

502. Power to restore possession of immovable property.—(1) When a person is convicted of an 
offence by use of criminal force or show of force or by criminal intimidation, and it appears to the Court 
that,  by  such  use  of  force  or  show  of  force  or  intimidation,  any  person  has  been  dispossessed  of  any 
immovable property, the Court may, if it thinks fit, order that possession of the same be restored to that 
person after evicting by force, if necessary, any other person who may be in possession of the property: 

Provided  that  no such order  shall  be  made  by  the  Court  more than one  month  after  the  date  of the 

conviction. 

(2) Where the Court trying the offence has not made an order under sub-section (1), the Court of appeal, 
confirmation or revision may, if it thinks fit, make such order while disposing of the appeal, reference or 
revision, as the case may be. 

(3) Where an order has been made under sub-section (1), the provisions of section 500 shall apply in 

relation thereto as they apply in relation to an order under section 499. 

(4)  No  order  made  under  this  section  shall  prejudice  any  right  or  interest  to  or  in  such  immovable 

property which any person may be able to establish in a civil suit. 

503. Procedure by police upon seizure of property.—(1) Whenever the seizure of property by any 
police  officer  is reported  to  a  Magistrate  under the  provisions  of this  Sanhita,  and  such  property  is  not 
produced before a Criminal Court during an inquiry or trial, the Magistrate may make such order as he 
thinks fit respecting the disposal of such property or the delivery of such property to the person entitled to 
the possession thereof, or if such person cannot be ascertained, respecting the custody and production of 
such property. 

(2) If the person so entitled is known, the Magistrate may order the property to be delivered to him on 
such conditions (if any) as the Magistrate thinks fit and if such person is unknown, the Magistrate may 
detain it and shall, in such case, issue a proclamation specifying the articles of which such property consists, 
and requiring any person who may have a claim thereto, to appear before him and establish his claim within 
six months from the date of such proclamation. 

504. Procedure where no claimant appears within six months.—(1) If no person within such period 
establishes his claim to such property, and if the person in whose possession such property was found is 
unable to show that it was legally acquired by him, the Magistrate may by order direct that such property 
shall be at the disposal of the State Government and may be sold by that Government and the proceeds of 
such sale shall be dealt with in such manner as the State Government may, by rules, provide. 

166 

 
(2)  An  appeal  shall  lie  against  any  such  order  to  the  Court  to  which  appeals  ordinarily  lie  from 

convictions by the Magistrate. 

505. Power to sell perishable property.—If the person entitled to the possession of such property is 
unknown or absent and the property is subject to speedy and natural decay, or if the Magistrate to whom its 
seizure is reported is of opinion that its sale would be for the benefit of the owner, or that the value of such 
property  is  less  than  ten  thousand  rupees,  the  Magistrate  may  at  any  time  direct  it  to  be  sold;  and  the 
provisions of sections 503 and 504 shall, as nearly as may be practicable, apply to the net proceeds of such 
sale. 

CHAPTER XXXVII 

IRREGULAR PROCEEDINGS 

506. Irregularities which do not vitiate proceedings.—If any Magistrate not empowered by law to 

do any of the following things, namely:— 

(a) to issue a search-warrant under section 97; 

(b) to order, under section 174, the police to investigate an offence; 

(c) to hold an inquest under section 196; 

(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction 

who has committed an offence outside the limits of such jurisdiction; 

(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210; 

(f) to make over a case under sub-section (2) of section 212; 

(g) to tender a pardon under section 343; 

(h) to recall a case and try it himself under section 450; or 

(i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his 

proceedings shall not be set aside merely on the ground of his not being so empowered. 

507. Irregularities which vitiate proceedings.—If any Magistrate, not being empowered by law in 

this behalf, does any of the following things, namely:— 

(a) attaches and sells property under section 85; 

(b)  issues  a  search-warrant  for  a  document,  parcel  or  other  things  in  the  custody  of  a  postal 

authority; 

(c) demands security to keep the peace; 

(d) demands security for good behaviour; 

(e) discharges a person lawfully bound to be of good behaviour; 

(f) cancels a bond to keep the peace; 

(g) makes an order for maintenance; 

(h) makes an order under section 152 as to a local nuisance; 

(i) prohibits, under section 162, the repetition or continuance of a public nuisance; 

(j) makes an order under Part C or Part D of Chapter XI; 

(k) takes cognizance of an offence under clause (c) of sub-section (1) of section 210; 

(l) tries an offender; 

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(m) tries an offender summarily; 

(n) passes a sentence, under section 364, on proceedings recorded by another Magistrate; 

(o) decides an appeal; 

(p) calls, under section 438, for proceedings; or 

(q) revises an order passed under section 491, 

his proceedings shall be void. 

508. Proceedings in wrong place.—No finding, sentence or order of any Criminal Court shall be set 
aside merely on the ground that the inquiry, trial or other proceedings in the course of which it was arrived 
at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it 
appears that such error has in fact occasioned a failure of justice. 

509. Non-compliance with provisions of section 183 or section 316.—(1) If any Court before which 
a confession or other statement of an accused person recorded, or purporting to be recorded under section 
183 or section 316, is tendered, or has been received, in evidence finds that any of the provisions of either 
of  such  sections  have  not  been  complied  with  by  the  Magistrate  recording  the  statement,  it  may, 
notwithstanding anything contained in section 94 of the Bharatiya Sakshya Adhiniyam, 2023, take evidence 
in  regard  to  such  non-compliance,  and  may,  if  satisfied  that  such  non-compliance  has  not  injured  the 
accused in his defence on the merits and that he duly made the statement recorded, admit such statement. 

(2) The provisions of this section apply to Courts of appeal, reference and revision. 

510. Effect of omission to frame, or absence of, or error in, charge.—(1) No finding, sentence or 
order by a Court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was 
framed or on the ground of any error, omission or irregularity in the charge including any misjoinder of 
charges, unless, in the opinion of the Court of appeal, confirmation or revision, a failure of justice has in 
fact been occasioned thereby. 

(2) If the Court of appeal, confirmation or revision, is of opinion that a failure of justice has in fact been 

occasioned, it may,— 

(a) in the case of an omission to frame a charge, order that a charge be framed, and that the trial be 

recommenced from the point immediately after the framing of the charge; 

(b) in the case of an error, omission or irregularity in the charge, direct a new trial to be had upon 

a charge framed in whatever manner it thinks fit: 

Provided that if the Court is of opinion that the facts of the case are such that no valid charge could 

be preferred against the accused in respect of the facts proved, it shall quash the conviction. 

511. Finding or sentence when reversible by reason of error, omission or irregularity.—(1) Subject 
to the provisions hereinbefore contained, no finding, sentence or order passed by a Court of competent 
jurisdiction shall be reversed or altered by a Court of appeal, confirmation of revision on account of any 
error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other 
proceedings before or during trial or in any inquiry or other proceedings under this Sanhita, or any error, or 
irregularity in any sanction for the prosecution, unless in the opinion of that Court, a failure of justice has 
in fact been occasioned thereby. 

(2) In determining whether any error, omission or irregularity in any proceeding under this Sanhita, or 
any error, or irregularity in any sanction for the prosecution has occasioned a failure of justice, the Court 
shall have regard to the fact whether the objection could and should have been raised at an earlier stage in 
the proceedings. 

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512. Defect or error not to make attachment unlawful.—No attachment made under this Sanhita 
shall be deemed unlawful, nor shall any person making the same be deemed a trespasser, on account of any 
defect or want of form in the summons, conviction, writ of attachment or other proceedings relating thereto. 

CHAPTER XXXVIII 

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES 

513. Definitions.—For the purposes of this Chapter, unless the context otherwise requires, “period of 

limitation” means the period specified in section 514 for taking cognizance of an offence. 

514. Bar to taking cognizance after lapse of period of limitation.—(1) Except as otherwise provided 
in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), 
after the expiry of the period of limitation. 

(2) The period of limitation shall be— 

(a) six months, if the offence is punishable with fine only; 

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; 

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but 

not exceeding three years. 

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried 
together,  shall  be  determined  with  reference  to  the  offence  which  is  punishable  with  the  more  severe 
punishment or, as the case may be, the most severe punishment. 

Explanation.—For the purpose of computing the period of limitation, the relevant date shall be the date 

of filing complaint under section 223 or the date of recording of information under section 173. 

515. Commencement of period of limitation.—(1) The period of limitation, in relation to an offender, 

shall commence,— 

(a) on the date of the offence; or 

(b) where the commission of the offence was not known to the person aggrieved by the offence or 
to any police officer, the first day on which such offence comes to the knowledge of such person or to 
any police officer, whichever is earlier; or 

(c) where it is not known by whom the offence was committed, the first day on which the identity 
of  the  offender  is  known  to  the  person  aggrieved  by  the  offence  or  to  the  police  officer  making 
investigation into the offence, whichever is earlier. 

(2) In computing the said period, the day from which such period is to be computed shall be excluded. 

516. Exclusion of time in certain cases.—(1) In computing the period of limitation, the time during 
which any person has been prosecuting with due diligence another prosecution, whether in a Court of first 
instance or in a Court of appeal or revision, against the offender, shall be excluded: 

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is 
prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is 
unable to entertain it. 

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction 
or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, 
the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. 

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time 
being in force, the previous consent or sanction of the Government or any other authority is required for 
the institution of any prosecution for an offence, then, in computing the period of limitation, the period of 

169 

 
such  notice  or,  as  the  case  may  be,  the  time  required  for  obtaining  such  consent  or  sanction  shall  be 
excluded. 

Explanation.—In computing the time required for obtaining the consent or sanction of the Government 
or any other authority, the date on which the application was made for obtaining the consent or sanction 
and the date of receipt of the order of the Government or other authority shall both be excluded. 

(4) In computing the period of limitation, the time during which the offender— 

(a) has been absent from India or from any territory outside India which is under the administration 

of the Central Government; or 

(b) has avoided arrest by absconding or concealing himself, 

shall be excluded. 

517. Exclusion of date on which Court is closed.—Where the period of limitation expires on a day 

when the Court is closed, the Court may take cognizance on the day on which the Court reopens. 

Explanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if, 

during its normal working hours, it remains closed on that day. 

518. Continuing offence.—In the case of a continuing offence, a fresh period of limitation shall begin 

to run at every moment of the time during which the offence continues. 

519. Extension of period of limitation in certain cases.—Notwithstanding anything contained in the 
foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the 
period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been 
properly explained or that it is necessary so to do in the interests of justice. 

CHAPTER XXXIX 

MISCELLANEOUS 

520. Trials before High Courts.—When an offence is tried by the High Court otherwise than under 
section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would 
observe if it were trying the case. 

521. Delivery to commanding officers of  persons liable to be tried by Court-martial.—(1) The 
Central Government may make rules consistent with this Sanhita and the Air Force Act, 1950 (45 of 1950), 
the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), and any other law, relating to the Armed 
Forces of the Union, for the time being in force, as to cases in which persons subject to army, naval or air-
force law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; 
and when any person is brought before a Magistrate and charged with an offence for which he is liable to 
be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have 
regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which 
he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of 
the nearest army, naval or air-force station, as the case may be, for the purpose of being tried by a Court-
martial. 

Explanation.—In this section— 

(a) “unit” includes a regiment, corps, ship, detachment, group, battalion or company; 

(b)  “Court-martial”  includes  any  Tribunal  with  the  powers  similar  to  those  of  a  Court-martial 

constituted under the relevant law applicable to the Armed Forces of the Union. 

170 

 
(2)  Every  Magistrate  shall,  on  receiving  a  written  application  for  that  purpose  by  the  commanding 
officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his 
utmost endeavours to apprehend and secure any person accused of such offence. 

(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State 
be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-
martial. 

522. Forms.—Subject to the power conferred by article 227 of the Constitution, the forms set forth in 
the Second Schedule, with such variations as the circumstances of each case require, may be used for the 
respective purposes therein mentioned, and if used shall be sufficient. 

523. Power of High Court to make rules.—(1) Every High Court may, with the previous approval of 

the State Government, make rules— 

(a)  as  to  the  persons  who  may  be  permitted  to  act  as  petition-writers  in  the  Criminal  Courts 

subordinate to it; 

(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale 

of fees to be charged by them; 

(c) providing a penalty for a contravention of any of the rules so made and determining the authority 

by which such contravention may be investigated and the penalties imposed; 

(d)  any  other  matter  which  is  required  to  be,  or  may  be,  provided  by  rules  made  by  the  State 

Government. 

(2) All rules made under this section shall be published in the Official Gazette. 

524. Power to alter functions allocated to Executive Magistrate in certain cases.—If the Legislative 
Assembly of a State by a resolution so permits, the State Government may, after consultation with the High 
Court,  by  notification,  direct  that  references  in  sections  127,  128,  129,  164  and  166  to  an  Executive 
Magistrate shall be construed as references to a Judicial Magistrate of the first class. 

525. Cases in which Judge or Magistrate is personally interested.—No Judge or Magistrate shall, 
except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any 
case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal 
from any judgment or order passed or made by himself. 

Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, 
any case by reason only that he is concerned therein in a public capacity, or by reason only that he has 
viewed the place in which an offence is alleged to have been committed, or any other place in which any 
other transaction material to the case is alleged to have occurred, and made an inquiry in connection with 
the case. 

526. Practising advocate not to sit as Magistrate in certain Courts.—No advocate who practices in 
the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction 
of that Court. 

527. Public servant concerned in sale not to purchase or bid for property.—A public servant having 
any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid 
for the property. 

528. Saving of inherent powers of High Court.—Nothing in this Sanhita shall be deemed to limit or 
affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any 
order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of 
justice. 

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529. Duty of High Court to exercise continuous superintendence over Courts.—Every High Court 
shall  so  exercise  its  superintendence  over  the  Courts  of  Session  and  Courts  of  Judicial  Magistrates 
subordinate to it as to ensure that there is an expeditious and proper disposal of cases by the Judges and 
Magistrates. 

530. Trial and proceedings to be held in electronic mode.—All trials, inquires and proceedings under 

this Sanhita, including— 

(i) issuance, service and execution of summons and warrant; 

(ii) examination of complainant and witnesses; 

(iii) recording of evidence in inquiries and trials; and 

(iv) all appellate proceedings or any other proceeding,  

may be held in electronic mode, by use of electronic communication or use of audio-video electronic means. 

531. Repeal and savings.—(1) The Code of Criminal Procedure, 1973 (2 of 1974) is hereby repealed. 

(2) Notwithstanding such repeal— 

(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, 
application,  trial,  inquiry  or  investigation  pending,  then,  such  appeal,  application,  trial,  inquiry  or 
investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the 
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), as in force immediately before such 
commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force; 

(b) all notifications published, proclamations issued, powers conferred, forms provided by rules, 
local  jurisdictions  defined,  sentences  passed  and  orders,  rules  and  appointments,  not  being 
appointments as Special Magistrates, made under the said Code and which are in force immediately 
before  the  commencement  of  this  Sanhita,  shall  be  deemed,  respectively,  to  have  been  published, 
issued,  conferred,  specified,  defined,  passed  or  made  under  the  corresponding  provisions  of  this 
Sanhita; 

(c)  any  sanction  accorded  or  consent  given  under  the  said  Code  in  pursuance  of  which  no 
proceeding was commenced under that Code, shall be deemed to have been accorded or given under 
the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in 
pursuance of such sanction or consent. 

(3) Where the period specified for an application or other proceeding under the said Code had expired 
on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any 
such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact 
that  a  longer  period  therefor  is  specified  by  this  Sanhita  or  provisions  are  made  in  this  Sanhita  for  the 
extension of time. 

172 

 
 
 
 
 
 
 
 
 
 
 
 
 
THE FIRST SCHEDULE 

CLASSIFICATION OF OFFENCES 

EXPLANATORY NOTES: (1) In regard to offences under the Bharatiya Nyaya Sanhita, the entries in the 
second and third columns against a section the number of which is given in the 
first  column  are  not  intended  as  the  definition  of,  and  the  punishment 
prescribed  for,  the  offence  in  the  Bharatiya  Nyaya  Sanhita,  but  merely  as 
indication of the substance of the section. 

(2) In this Schedule, (i) the expression “Magistrate of the first class” and “any 
Magistrate”  does  not 
the  word 
“cognizable” stands for “a police officer may arrest without warrant”; and (iii) 
the word “non-cognizable” stands for “a police officer shall not arrest without 
warrant”. 

include  Executive  Magistrates;  (ii) 

Punishment 

I.—OFFENCES UNDER THE BHARATIYA NYAYA SANHITA 
Bailable or Non-
bailable 
5 
According as 
offence abetted is 
bailable or                   
non-bailable. 

Cognizable or 
Non-cognizable 
4 
According as 
offence abetted 
is cognizable or 
non-cognizable. 

3 
Same as for 
offence 
abetted. 

By what Court 
triable 
6 
Court by which 
offence abetted is 
triable. 

Section Offence 

1 
49 

50 

51 

52 

53 

54 

2 
Abetment of any offence, 
if the act abetted is 
committed in 
consequence, and where 
no express provision is 
made for its punishment. 
Abetment of any offence, 
if the person abetted does 
act with different 
intention from that of 
abettor. 
Abetment of any offence, 
when one act is abetted 
and a different act is done; 
subject to the proviso. 
Abettor when liable to 
cumulative punishment 
for act abetted and for act 
done. 
Abetment of any offence, 
when an effect is caused 
by the act abetted 
different from that 
intended by the abettor. 
Abetment of any offence, 
if abettor present when 
offence is committed. 

Same as for 
offence 
abetted. 

Same as for 
offence 
intended to be 
abetted. 
Same as for 
offence 
abetted. 

Same as for 
offence 
committed. 

Same as for 
offence 
committed. 

According as 
offence abetted 
is cognizable or 
non-cognizable. 

According as 
offence abetted is 
bailable or                   
non-bailable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted 
is cognizable or 
non-cognizable. 
According as 
offence abetted 
is cognizable or 
non-cognizable. 
According as 
offence abetted 
is cognizable or 
non-cognizable. 

According as 
offence abetted is 
bailable or              
non-bailable. 
According as 
offence abetted is 
bailable or                  
non-bailable. 
According as 
offence abetted is 
bailable or               
non-bailable. 

Court by which 
offence abetted is 
triable. 

Court by which 
offence abetted is 
triable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted 
is cognizable or 
non-cognizable. 

According as 
offence abetted is 
bailable or                     
non-bailable. 

Court by which 
offence abetted is 
triable. 

173 

 
 
 
 
 
 
1 

55 

56 

2 
Abetment of an offence, 
punishable with death or 
imprisonment for life, if 
the offence be not 
committed in 
consequence of the 
abetment. 
If an act which causes 
harm to be done in 
consequence of the 
abetment. 
Abetment of an offence, 
punishable with 
imprisonment, if the 
offence be not committed 
in consequence of the 
abetment. 

If the abettor or the person 
abetted be a public 
servant whose duty it is to 
prevent the offence. 

57 

Abetting commission of 
an offence by the public 
or by more than ten 
persons. 

58(a)  Concealing design to 

commit offence 
punishable with death or 
imprisonment for life, if 
the offence be committed. 
If offence be not 
committed. 

58(b) 

59(a)  A public servant 

concealing a design to 
commit an offence which 
it is his duty to prevent, if 
the offence be committed. 

3 
Imprisonment 
for 7 years and 
fine. 

4 

According as 
offence abetted 
is cognizable or 
non-cognizable. 

5 

Non-bailable. 

6 

Court by which 
offence abetted is 
triable. 

Imprisonment 
for 14 years 
and fine. 

Imprisonment 
extending to 
one-fourth of 
the longest 
term provided 
for the offence, 
or fine, or both. 
Imprisonment 
extending to 
one-half of the 
longest term 
provided for 
the offence, or 
fine, or both. 
Imprisonment 
which may 
extend to 7 
years and fine. 
Imprisonment 
for 7 years and 
fine. 

Imprisonment 
for 3 years and 
fine. 

Imprisonment 
extending to 
one-half of the 
longest term 
provided for 
the offence, or 
fine, or both. 

According as 
offence abetted 
is cognizable or 
non-cognizable. 
According as 
offence abetted 
is cognizable or 
non-cognizable. 

According as 
offence abetted 
is cognizable or 
non-cognizable. 

According as 
offence abetted 
is cognizable or 
non-cognizable. 
According as 
offence abetted 
is cognizable or 
non-cognizable. 

Non-bailable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted is 
bailable or                 
non-bailable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted is 
bailable or            
non-bailable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted is 
bailable or               
non-bailable. 
Non-bailable. 

Court by which 
offence abetted is 
triable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted 
is cognizable or 
non-cognizable. 
According as 
offence abetted 
is cognizable or 
non-cognizable. 

Bailable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted is 
bailable or                     
non-bailable. 

Court by which 
offence abetted is 
triable. 

174 

 
 
 
 
 
 
 
 
 
 
 
 
1 
59(b) 

59(c) 

2 

If the offence be 
punishable with death 
or imprisonment for 
life. 
If the offence be not 
committed. 

60(a)  Concealing a design to 

commit an offence 
punishable with 
imprisonment, if 
offence be committed. 

60(b) 

If the offence be not 
committed. 

61(2) 
(a)      

61(2) 
(1) 

62 

Criminal conspiracy to 
commit an offence 
punishable with death, 
imprisonment for life or 
rigorous imprisonment 
for a term of 2 years or 
upwards. 
Any other criminal 
conspiracy. 

Attempting to commit 
offence punishable with 
imprisonment for life, 
or imprisonment, and in 
such attempt doing any 
act towards the 
commission of the 
offence. 

3 
Imprisonment for 10 
years. 

Imprisonment 
extending to one-
fourth of the longest 
term provided for the 
offence, or fine, or 
both. 
Imprisonment 
extending to one-
fourth of the longest 
term provided for the 
offence, or fine, or 
both. 
Imprisonment 
extending to one-
eighth part of the 
longest term 
provided for the 
offence, or fine, or 
both. 
Same as for 
abetment of the 
offence which is the 
object of the 
conspiracy. 

Imprisonment for 6 
months, or fine, or 
both. 
One half of the 
imprisonment for 
life, or imprisonment 
not exceeding one-
half of the longest 
term, provided for 
the offence, or fine, 
or both. 

4 

5 

6 

According as 
offence abetted is 
cognizable or 
non-cognizable. 
According as 
offence abetted is 
cognizable or 
non-cognizable. 

According as 
offence abetted is 
cognizable or 
non-cognizable. 

According as 
offence abetted is 
cognizable or 
non-cognizable. 

According as the 
offence which is 
the object of 
conspiracy is 
cognizable or 
non-cognizable. 

Non-bailable.  Court by which 

Bailable. 

offence abetted is 
triable. 

Court by which 
offence abetted is 
triable. 

According as 
offence abetted 
is bailable or 
non-bailable. 

Court by which 
offence abetted is 
triable. 

Bailable. 

Court by which 
offence abetted is 
triable. 

According as 
offence which 
is object of 
conspiracy is 
bailable or 
non-bailable. 

Court by which 
abetment of the 
offence which is 
the object of 
conspiracy is 
triable. 

Non-cognizable.  Bailable. 

According as the 
men offence is 
cognizable or 
non-cognizable. 

According as 
the offence 
attempted by 
the offender is 
bailable or 
non-bailable. 

Magistrate of the 
first class. 

The court by 
which the offence 
attempted is 
triable. 

175 

 
 
 
 
 
 
 
 
 
 
1 

2 

64(1)  Rape. 

4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

64(2)  Rape by a police officer 

Cognizable.  Non-bailable.  Court of Session. 

or a public servant or 
member of armed forces 
or a person being on the 
management or on the 
staff of a jail, remand 
home or other place of 
custody or women's or 
children's institution or 
by a person on the 
management or on the 
staff of a hospital, and 
rape committed by a 
person in a position of 
trust or authority 
towards the person 
raped or by a near 
relative of the person 
raped. 

65(1)  Persons committing 
offence of rape on a 
woman under sixteen 
years of age. 

65(2)  Persons committing 
offence of rape on a 
woman under twelve 
years of age. 

3 
Rigorous imprisonment 
for not less than 10 years 
but which may extend to 
imprisonment for life, 
and fine. 
Rigorous imprisonment 
for not less than 10 years 
but which may extend to 
imprisonment for life 
which shall mean the 
remainder of that 
person's natural life and 
fine. 

Rigorous imprisonment 
for not less than 20 years 
but which may extend to 
imprisonment for life, 
which shall mean 
imprisonment for the 
remainder of that 
person's natural life and 
fine. 
Rigorous imprisonment 
for not less than 20 years 
but which may extend to 
imprisonment for life 
which shall mean 
imprisonment for the 
remainder of that 
person's natural life and 
with fine or death. 

176 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

 
 
 
 
 
 
 
 
 
1 
66  Person committing an 

2 

offence of rape and 
inflicting injury which 
causes death or causes the 
woman to be in a 
persistent vegetative state. 

67  Sexual intercourse by 
husband upon his wife 
during separation. 

68  Sexual intercourse by a 
person in authority, etc. 

69  Sexual intercourse by 

employing deceitful 
means, etc. 
70(1)  Gang rape. 

70(2)  Gang rape on a woman 
under eighteen years of 
age. 

71  Repeat offenders. 

72(1)  Disclosure of identity of 

the victim of certain 
offences, etc. 

3 
Rigorous imprisonment 
for not less than 20 
years but which may 
extend to imprisonment 
for life which shall 
mean imprisonment for 
the remainder of that 
person's natural life or 
death. 
Imprisonment for not 
less than 2 years but 
which may extend to 7 
years and fine. 
Rigorous imprisonment 
for not less than 5 years, 
but which may extend 
to 10 years and fine. 
Imprisonment which 
may extend to 10 years 
and fine. 
Rigorous imprisonment 
for not less than 20 
years but which may 
extend to imprisonment 
for life which shall 
mean imprisonment for 
the remainder of that 
person's natural life and 
fine. 
Imprisonment for life 
which shall mean 
imprisonment for the 
remainder of that 
person's natural life and 
with fine or with death. 
Imprisonment for life 
which shall mean 
imprisonment for the 
remainder of that 
person's natural life or 
with death. 
Imprisonment for 2 
years and fine. 

4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

Bailable. 

Court of Session. 

Cognizable 
(only on the 
complaint of 
the victim). 
Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Bailable. 

Any Magistrate. 

177 

 
 
 
 
 
 
2 

1 
73  Printing or publication of 
a proceeding without prior 
permission of court. 
74  Assault or use of criminal 
force to woman with 
intent to outrage her 
modesty. 

75(2)  Sexual harassment and 
punishment for sexual 
harassment specified in 
clause (i) or clause (ii) or 
clause (iii) of                 
sub-section (1). 
75(3)  Sexual harassment and 
punishment for sexual 
harassment specified in 
clause (iv) of sub-section 
(1). 

76  Assault or use of criminal 
force to woman with 
intent to disrobe. 

77  Voyeurism. 

Second or subsequent 
conviction. 

78(2)  Stalking. 

 Second or subsequent 
conviction. 

79  Uttering any word or 

making any gesture 
intended to insult the 
modesty of a woman, etc. 

80(2)  Dowry death. 

81  A man by deceit causing a 
woman not lawfully 
married to him to believe, 
that she is lawfully married 
to him and to cohabit with 
him in that belief. 

3 

4 
Imprisonment for                          
2 years and fine. 

5 
Cognizable.  Bailable. 

6 
Any Magistrate. 

Cognizable.  Non-bailable. Any Magistrate. 

Imprisonment for                     
1 year which may 
extend to 5 years and 
fine. 
Rigorous imprisonment 
with 3 years, or fine, or 
both. 

Cognizable.  Non-bailable. Court of Session. 

Imprisonment for 1 
year, or fine, or both. 

Cognizable.  Non-bailable. Court of Session. 

Imprisonment for not 
less than 3 years but 
which may extend to 7 
years and fine. 
Imprisonment for not 
less than 1 year but 
which may extend to 3 
years and fine. 
Imprisonment for not 
less than 3 years but 
which may extend to 7 
years and fine. 
Imprisonment up to                
3 years and fine. 
Imprisonment up to        
5 years and fine. 
Simple imprisonment 
for 3 years and fine. 

Cognizable.  Non-bailable. Court of Session. 

Cognizable.  Bailable. 

Court of Session. 

 Cognizable.  Non-bailable. Court of Session. 

Cognizable.  Bailable.  

Any Magistrate. 

Cognizable.  Non-bailable. Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

Imprisonment for not 
less than 7 years but 
which may extend to 
imprisonment for life. 
Imprisonment for 10 
years and fine. 

Cognizable.  Non-bailable. Court of Session. 

Non-
cognizable. 

Non-bailable.  Magistrate of the 

first class. 

178 

 
 
 
 
 
1 

2 

82(1)  Marrying again during the 

life time of a husband or 
wife. 

82(2)  Same offence with 

concealment of the former 
marriage from the person 
with whom subsequent 
marriage is contracted. 

83  A person with fraudulent 

intention going through the 
ceremony of being married, 
knowing that he is not 
thereby lawfully married. 
84  Enticing or taking away or 

detaining with a criminal 
intent a married woman. 

85  Punishment for subjecting 
a married woman to 
cruelty. 

87  Kidnapping, abducting or 
inducing woman to 
compel her marriage, etc. 

88  Causing miscarriage. 

If the woman be quick 
with child. 

3 
Imprisonment for 
7 years and fine. 

Imprisonment for 
10 years and fine. 

4 

Non-cognizable. 

5 
Bailable. 

Non-cognizable. 

Bailable. 

6 
Magistrate of the 
first class. 

Magistrate of the 
first class. 

Imprisonment up 
to 7 years and fine. 

Non-cognizable. 

Non-bailable.  Magistrate of the 

first class. 

Imprisonment for 
2 years, or fine, or 
both. 
Imprisonment for 
3 years and fine. 

Non-cognizable. 

Bailable. 

Any Magistrate. 

Non-bailable.  Magistrate of the 

first class. 

Cognizable if 
information relating 
to the commission of 
the offence is given 
to an officer in 
charge of a police 
station by the person 
aggrieved by the 
offence or by any 
person related to her 
by blood, marriage 
or adoption or if 
there is no such 
relative, by any 
public servant 
belonging to such 
class or category as 
may be notified by 
the State 
Government in this 
behalf. 
Cognizable. 

179 

Imprisonment for 
10 years and fine. 

Imprisonment for 
3 years, or fine, or 
both. 
Imprisonment for 
7 years and fine. 

Non-bailable. Court of Session. 

Non-cognizable.  Bailable. 

Non-cognizable.  Bailable. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

 
 
 
 
 
 
 
 
1 

89 

2 

Causing miscarriage 
without women's consent. 

90(1)  Death caused by an act 

91 

92 

done with intent to cause 
miscarriage. 
90(2)  If act done without 
women's consent. 
Act done with intent to 
prevent a child being born 
alive, or to cause it to die 
after its birth. 
Causing death of a quick 
unborn child by an act 
amounting to culpable 
homicide. 
Exposure of a child under 
12 years of age by parent 
or person having care of it 
with intention of wholly 
abandoning it. 
Concealment of birth by 
secret disposal of dead 
body. 
Hiring, employing or 
engaging a child to 
commit an offence. 

94 

93 

95 

3 
Imprisonment for life, 
or imprisonment for 
10 years and fine. 
Imprisonment for 10 
years and fine. 

Imprisonment for life, 
or as above. 
Imprisonment for              
10 years, or fine, or 
both. 

Imprisonment for            
10 years and fine. 

4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for             
7 years, or fine, or 
both. 

Cognizable.  Bailable. 

Imprisonment for 2 
years, or fine, or both. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Imprisonment for not 
less than 3 years but 
which may extend to 
10 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

If offence be committed.  Same as for the 

Cognizable.  Non-bailable.  Court by which 

offence committed. 

offence 
committed is 
triable. 

Procuration of child. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for            
10 years and fine. 
Imprisonment for              
7 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

96 

97 

98 

99 

Kidnapping or abducting 
a child under ten years 
with intent to steal from 
its person. 
Selling child for purposes 
of prostitution, etc. 
Buying child for purposes 
of prostitution, etc. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

103(1) Murder. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for         
10 years and fine. 
Imprisonment for not 
less than 7 years but 
which may extend to 
14 years and fine. 
Death or 
imprisonment for life 
and fine. 

180 

 
 
 
 
1 

2 

3 

4 

5 

6 

103(2)  Murder by group of five 
or more persons. 

Death or with 
imprisonment for life 
and fine. 
104  Murder by life-convict.  Death or 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

105 

Culpable homicide not 
amounting to murder, if 
act by which the death is 
caused is done with 
intention of causing death, 
etc. 
If act be done with 
knowledge that it is likely 
to cause death, but 
without any intention to 
cause death, etc. 
106(1)  Causing death by 
negligence. 
Causing death by 
negligence by registered 
medical practitioner. 
106(2) Causing death by rash and 
negligent driving of 
vehicle and escaping. 
Abetment of suicide of 
child or person of 
unsound mind, etc. 

107 

108  Abetment of suicide. 

109(1) Attempt to murder. 

If such act causes hurt to 
any person. 

109(2) Attempt by life-convict to 
murder, if hurt is caused. 

imprisonment for life, 
which shall mean the 
remainder of that 
person's natural life. 
Imprisonment for life, 
or Imprisonment for 
not less than 5 years 
but which may extend 
to 10 years and fine. 

Imprisonment for               
10 years and with 
fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for         
5 years and fine. 
Imprisonment for                  
2 years and fine. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 
Magistrate of the 
first class. 

Imprisonment for 10 
years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Death, or 
imprisonment for life, 
or imprisonment for 
10 years and fine. 
Imprisonment for            
10 years and fine. 
Imprisonment for          
10 years and fine. 
Imprisonment for life, 
or as above. 
Death, or 
imprisonment for life 
which shall mean the 
remainder of that 
person's natural life. 
Imprisonment for 3 
years, or fine or both. 

110 

Attempt to commit 
culpable homicide. 

Cognizable.  Non-bailable.  Court of Session. 

If such act causes hurt to 
any person. 

Imprisonment for 7 
years, or fine, or both. 

Cognizable.  Non-bailable.  Court of Session. 

181 

 
  
 
1 

2 
Organised crime resulting 
in death of any person. 

111(2)        
(a) 

In any other case. 

111(2) 
(b) 

111(3)  Abetting, attempting, 

conspiring or knowingly 
facilitating the commission 
of organised crime. 

111(4)  Being a member of an 

organised crime syndicate. 

111(5)  Intentionally harbouring or 
concealing any person who 
committed offence of 
organised crime. 

111(6)  Possessing property 

derived, or obtained from 
the commission of 
organised crime. 

111(7)  Possessing property on 

behalf of a member of an 
organised crime syndicate. 

112 

Petty Organised crime. 

113(2) 
(a) 

Terrorist act resulting in 
the death of any person. 

3 
Death or imprisonment 
for life and fine of not 
less than 10 lakh 
rupees. 
Imprisonment for not 
less than 5 years but 
which may extend to 
imprisonment for life 
and fine of not less 
than 5 lakh rupees. 
Imprisonment for not 
less than 5 years but 
which may extend to 
imprisonment for life 
and fine of not less 
than 5 lakh rupees. 
Imprisonment for not 
less than 5 years but 
which may extend to 
imprisonment for life 
and fine of not less 
than 5 lakh rupees. 
Imprisonment for not 
less than 3 years but 
which may extend to 
imprisonment for life 
and fine of not less 
than 5 lakh rupees. 
Imprisonment for not 
less than 3 years but 
which may extend to 
imprisonment for life 
and fine of not less 
than 2 lakh rupees. 
Imprisonment for not 
less than 3 years but 
which may extend to 
imprisonment for 10 
years and fine of not 
less than 1 lakh rupees. 
Imprisonment for not 
less than 1 year but 
which may extend to 
7 years and fine. 
Death or 
imprisonment for life 
and fine. 

4 

5 
Cognizable.  Non-bailable.  Court of Session. 

6 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Cognizable.  Non-bailable.  Court of Session. 

182 

 
 
 
 
 
4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Any Magistrate. 

2 

In any other case. 

1 
113(2)   
(b) 

113(3)  Conspiring, attempting, 
abetting, etc., or 
knowingly facilitating the 
commission of terrorist 
act. 

113(4) Organising camps, 

training, etc., for 
commission of terrorist 
act. 

113(5) Being a member of an 

organisation involved in 
terrorist act. 

113(6) Harbouring, concealing, 
etc., of any person who 
committed a terrorist act. 

113(7) Possessing property 

derived or obtained from 
commission of terrorist 
act. 

3 
Imprisonment for not 
less than 5 years but 
which may extend to 
imprisonment for life 
and fine. 
Imprisonment for not 
less than 5 years but 
which may extend to 
imprisonment for life 
and fine. 
Imprisonment for not 
less than 5 years but 
which may extend to 
imprisonment for life 
and fine. 
Imprisonment for life 
and fine. 

Imprisonment for not 
less than 3 years but 
which may extend to 
imprisonment for life 
and fine. 
Imprisonment for life 
and fine. 

115(2) Voluntarily causing hurt.  Imprisonment for 1 

117(2) Voluntarily causing 
grievous hurt. 

117(3) If hurt to results in 

permanent disability or 
persistent vegetative state. 

year or fine of 10,000 
rupees, or both. 
Imprisonment for 7 
years and fine. 
Rigorous 
imprisonment for not 
less than 10 years but 
which may extend to 
imprisonment for life 
which shall mean the 
remainder of that 
person's natural life. 
Imprisonment for 7 
years and fine. 

117(4) Grievous hurt caused by a 
group of 5 or more 
persons. 

118(1) Voluntarily causing hurt 
by dangerous weapons or 
means. 

Imprisonment for 3 
years, or fine of 
20,000 rupees, or 
both. 

183 

 
 
 
 
 
1 

2 

118(2) Voluntarily causing 

grievous hurt by 
dangerous weapons or 
means [except as provided 
in section 122(2)]. 
119(1) Voluntarily causing hurt 
to extort property, or to 
constrain to an illegal act. 

119(2) Voluntarily causing 
grievous hurt for any 
purpose referred to in sub-
section (1). 

120(1) Voluntarily causing hurt 

to extort confession or 
information, or to compel 
restoration of property, 
etc. 

120(2)  Voluntarily causing 

grievous hurt to extort 
confession or information, 
or to compel restoration of 
property, etc. 

121(1)  Voluntarily causing hurt 

to deter public servant 
from his duty. 
121(2)  Voluntarily causing 

grievous hurt to deter 
public servant from his 
duty. 

122(1)  Voluntarily causing hurt 

on grave and sudden 
provocation, not intending 
to hurt any other than the 
person who gave the 
provocation. 

122(2)  Causing grievous hurt on 
grave and sudden 
provocation, not intending 
to hurt any other than the 
person who gave the 
provocation. 
Causing hurt by means of 
poison, etc., with intent to 
commit an offence. 

123 

4 

5 

6 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

3 
Imprisonment for life 
or imprisonment of 
not less than 1 year 
but which may extend 
to 10 years and fine. 
Imprisonment for 10 
years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for 7 
years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Imprisonment for 10 
years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for 5 
years, or fine, or both. 

Imprisonment not less 
than 1 year, or 
imprisonment for 10 
years and fine. 
Imprisonment for 1 
month, or fine of 
5,000 rupees, or both. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Cognizable.  Non-bailable.  Court of Session. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Imprisonment for 5 
years, or fine of 
10,000 rupees, or 
both. 

Imprisonment for 10 
years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Cognizable.  Non-bailable.  Court of Session. 

184 

 
 
 
 
 
 
4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

1 

2 

124(1)  Voluntarily causing 

grievous hurt by use of 
acid, etc. 

124(2)  Voluntarily throwing or 
attempting to throw acid. 

125 

Doing any act 
endangering human life or 
personal safety of others. 

125(a)  Where hurt is caused. 

125(b)  Where grievous hurt is 

caused. 

126(2)  Wrongfully restraining 

any person. 

person. 

127(3)  Wrongfully confining for 
three or more days. 

127(4)  Wrongfully confining for 
10 or more days. 

127(5)  Keeping any person in 
wrongful confinement, 
knowing that a writ has 
been issued for his 
liberation. 

127(6)  Wrongful confinement in 

secret. 

3 
Imprisonment for not 
less than 10 years but 
which may extend to 
imprisonment for life 
and fine. 
Imprisonment for 5 
years but which may 
extend to 7 years and 
fine. 
Imprisonment for 3 
months, or fine of 
2,500 rupees, or both. 
Imprisonment for 6 
months, or fine of 
5,000 rupees, or both. 
Imprisonment for               
3 years, or fine of 
10,000 rupees, or 
both. 
Simple imprisonment 
for 1 month, or fine of 
5,000 rupees, or both. 
Imprisonment for            
1 year, or fine of 
5,000 rupees, or both. 
Imprisonment for          
3 years, or fine of 
10,000 rupees, or 
both. 
Imprisonment for            
5 years and fine of 
10,000 rupees. 
Imprisonment for           
2 years in addition to 
any term of 
imprisonment to 
under any other 
section and fine. 
Imprisonment for              
3 years in addition to 
other punishment 
which he is liable to 
and fine. 

185 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

127(2)  Wrongfully confining any 

Cognizable.  Bailable. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Cognizable.  Non-bailable.  Magistrate of the 

 
1 

2 

3 

127(7)  Wrongful confinement for 

the purpose of extorting 
property, or constraining 
to an illegal act, etc. 
127(8)  Wrongful confinement for 

Imprisonment for 3 
years and fine. 

Imprisonment for 3 
years and fine. 

4 

5 
Cognizable.  Bailable. 

6 
Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

the purpose of extorting 
confession or information, 
or for compelling 
restoration of property, 
etc. 
Assault or criminal force 
otherwise than on grave 
provocation. 
Assault or use of criminal 
force to deter public 
servant from discharge of 
his duty. 
Assault or criminal force 
with intent to dishonour a 
person, otherwise than on 
grave and sudden 
provocation. 
Assault or criminal force 
in attempt to commit theft 
of property worn or 
carried by a person. 
Assault or use of criminal 
force in attempt 
wrongfully to confine a 
person. 
Assault or use of criminal 
force on grave and sudden 
provocation. 

131 

132 

133 

134 

135 

136 

Non-
cognizable. 

Imprisonment for 3 
months, or fine of 
1,000 rupees, or both. 
Imprisonment for 2 
years, or fine, or both. 

Bailable. 

Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

Imprisonment for 2 
years, or fine, or both. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Imprisonment for 2 
years, or fine, or both. 

Cognizable.  Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

137(2)  Kidnapping. 

139(1)  Kidnapping a child for 

purposes of begging. 

Cognizable.  Bailable. 

Cognizable.  Non-bailable.  Magistrate of the 

Magistrate of the 
first class. 

first class. 

Imprisonment for 1 
year, or fine of 5,000 
rupees, or both. 

Simple imprisonment 
for one month, or fine 
of 1,000 rupees, or 
both. 
Imprisonment for 7 
years and fine. 
Rigorous 
imprisonment not be 
less than 10 years but 
which may extend to 
imprisonment for life, 
and fine. 

186 

 
 
1 

2 

139(2)  Maiming a child for 
purposes of begging. 

140(1)  Kidnapping or abducting 
in order to murder. 

140(2)  Kidnapping for ransom, 

etc. 

140(3)  Kidnapping or abducting 

with intent secretly and 
wrongfully to confine a 
person. 

140(4)  Kidnapping or abducting 

in order to subject a 
person to grievous hurt, 
slavery, etc. 
Importation of a girl or 
boy from foreign country. 
142  Wrongfully concealing or 

141 

keeping in confinement, 
kidnapped or abducted 
person. 

143(2)  Trafficking of person. 

143(3)  Trafficking of more than 

one person. 

143(4)  Trafficking of a child. 

4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

3 
Imprisonment not be 
less than 20 years 
which may extend to 
remainder of that 
person's natural life, 
and fine. 
Imprisonment for life, 
or rigorous 
imprisonment for 10 
years and fine. 
Death, or 
imprisonment for life 
and fine. 
Imprisonment for                    
7 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Imprisonment for           
10 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court by which 

the kidnapping or 
abduction is 
triable. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for 10 
years and fine. 
Punishment for 
kidnapping or 
abduction. 

Rigorous 
imprisonment for not 
less than 7 years but 
which may extend to 
10 years and fine. 
Rigorous 
imprisonment for not 
less than 10 years but 
which may extend to 
imprisonment for life 
and fine. 
Rigorous 
imprisonment for not 
less than 10 years but 
which may extend to 
imprisonment for life 
and fine. 

187 

 
4 

5 
Cognizable.  Non-bailable.  Court of Session. 

6 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Bailable. 

Any Magistrate. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

3 

Rigorous 
imprisonment for not 
less than 14 years but 
which may extend to 
imprisonment for life 
and fine. 
Imprisonment for life 
which shall mean the 
remainder of that 
person's natural life 
and fine. 
Imprisonment for life 
which shall mean the 
remainder of that 
person's natural life 
and fine. 
Rigorous 
imprisonment for not 
less than 5 years but 
which may extend to 
10 years and fine. 
Rigorous 
imprisonment for not 
less than 3 years but 
which may extend to 
7 years and fine. 

or imprisonment for 
10 years and fine. 
Imprisonment for 1 
year, or fine, or both. 
Death, or 
imprisonment for life 
and fine. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 
Imprisonment for life, 
or imprisonment for 
10 years and fine. 

1 

2 

143(5)  Trafficking of more than 

one child. 

143(6)  Person convicted of offence 

of trafficking of child on 
more than one occasion. 

143(7)  Public servant or a police 
officer involved in 
trafficking of child. 

144(1)  Exploitation of a 
trafficked child. 

144(2)  Exploitation of a 
trafficked person. 

146 

Unlawful compulsory 
labour. 

148 

149 

147  Waging or attempting to 
wage war, or abetting the 
waging of war, against the 
Government of India. 
Conspiring to commit 
certain offences against 
the State. 
Collecting arms, etc., with 
the intention of waging 
war against the 
Government of India. 
Concealing with intent to 
facilitate a design to wage 
war. 
Assaulting President, 
Governor, etc., with intent 
to compel or restrain the 
exercise of any lawful 
power. 

150 

151 

188 

Imprisonment for                 
10 years and fine. 

Imprisonment for                 
7 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

145 

Habitual dealing in slaves. Imprisonment for life, 

Cognizable.  Non-bailable.  Court of Session. 

 
1 
152 

2 

Act endangering 
sovereignty, unity and 
integrity of India. 

156 

155 

154 

153  Waging war against 
Government of any 
foreign State at peace with 
the Government of India. 
Committing depredation 
on the territories of any 
foreign state at peace with 
the Government of India. 
Receiving property taken 
by war or depredation 
mentioned in sections 153 
and 154. 
Public servant voluntarily 
allowing prisoner of state 
or war in his custody to 
escape. 
Public servant negligently 
suffering prisoner of State 
or war in his custody to 
escape. 
Aiding escape of, rescuing 
or harbouring such 
prisoner. 
Abetting mutiny, or 
attempting to seduce an 
officer, soldier, sailor or 
airman from his 
allegiance or duty. 
Abetment of mutiny, if 
mutiny is committed in 
consequence thereof. 

160 

159 

157 

158 

161 

162 

Abetment of assault by an 
officer, soldier, sailor or 
airman on his superior 
officer, when in execution 
of his office. 
Abetment of such assault, 
if the assault committed. 

3 
Imprisonment for life, 
or imprisonment for 7 
years and fine. 
Imprisonment for life 
and fine, or 
imprisonment for 7 
years and fine, or fine. 
Imprisonment for 7 
years and fine, and 
forfeiture of certain 
property. 
Imprisonment for 7 
years and fine, and 
forfeiture of certain 
property. 
Imprisonment for life, 
or imprisonment for 
10 years and fine. 

4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Simple imprisonment 
for 3 years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 
Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Death, or 
imprisonment for life, 
or imprisonment for 
10 years and fine. 
Imprisonment for            
3 years and fine. 

189 

Imprisonment for                   
7 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

 
 
1 
163 

164 

2 
Abetment of the desertion 
of an officer, soldier, 
sailor or airman. 
Harbouring deserter. 

3 
Imprisonment for           
2 years, or fine, or 
both. 
Imprisonment for                  
2 years, or fine, or 
both. 

4 

5 
Cognizable.  Bailable. 

Cognizable.  Bailable. 

6 
Any Magistrate. 

Any Magistrate. 

Fine of 3,000 rupees.  Non-

Bailable. 

Any Magistrate. 

cognizable. 

Imprisonment for           
2 years, or fine, or 
both. 

Cognizable.  Bailable. 

Any Magistrate. 

Any Magistrate. 

168  Wearing garb or carrying 

Cognizable.  Bailable. 

165 

166 

173 

174 

175 

176 

177 

178 

179 

180 

Deserter concealed on 
board merchant vessel 
through negligence of 
master or person in charge 
thereof. 
Abetment of act of 
insubordination by an 
officer, soldier, sailor or 
airman if the offence be 
committed in 
consequence. 

token used by soldier, 
sailor or airman. 
Bribery. 

Undue influence or 
personation at an election. 

False statement in 
connection with an 
election. 
Illegal payments in 
connection with elections. 
Failure to keep election 
accounts. 
Counterfeiting coins, 
government stamps, 
currency-notes or bank-
notes. 
Using as genuine forged 
or counterfeit coin, 
Government stamp 
currency-notes or bank-
notes. 
Possession of forged or 
counterfeit coin, 
Government stamp, 
currency-notes or bank-
notes. 

Non-
cognizable. 

Bailable. 

Magistrate of the 
first class. 

Non-
cognizable. 

Non-
cognizable. 

cognizable. 

Bailable. 

Bailable. 

Bailable. 

Bailable. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 
Magistrate of the 
first class. 

cognizable. 
Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for 3 
months, or fine of 
2,000 rupees, or both. 
Imprisonment for 1 
year or fine, or both, 
or if treating only, 
fine only. 
Imprisonment for             
1 year, or fine, or 
both. 
Fine. 

Fine of 10,000 rupees. Non-

Fine of 5,000 rupees.  Non-

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Imprisonment for                 
7 years, or fine, or 
both. 

190 

 
 
 
 
 
 
 
2 

1 
181  Making, buying, selling or 

possessing machinery, 
instrument or material for 
forging or counterfeiting 
coins, Government stamp, 
currency-notes or bank-
notes. 

3 
Imprisonment for life, 
or imprisonment for 10 
years and fine. 

4 
Cognizable.  Non-bailable.  Court of Session. 

6 

5 

182(1)  Making or using 

Fine of 300 rupees. 

documents resembling 
currency-notes or bank-
notes. 

182(2)  On refusal to disclose the 

Fine of 600 rupees. 

Non-
cognizable. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Cognizable.  Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 
Cognizable.  Bailable. 
Any Magistrate. 
Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Cognizable.  Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

Imprisonment for 3 
years, or fine, or both. 

Imprisonment for 2 
years, or fine, or both. 

Imprisonment for 3 
years, or fine, or both. 
Fine of 200 rupees. 
Imprisonment for 7 
years and fine. 

Imprisonment for 7 
years and fine. 

Imprisonment for 6 
months, or fine, or 
both. 
Imprisonment for 2 
years, or fine, or both. 

Imprisonment for 2 
years, or fine, or both. 

Cognizable.  Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

Imprisonment for 6 
months, or fine, or 
both. 

184 

183 

name and address of the 
printer. 
Effacing any writing from a 
substance bearing a 
Government stamp, 
removing from a document 
a stamp used for it, with 
intent to cause a loss to 
Government. 
Using a Government stamp 
known to have been before 
used. 
Erasure of mark denoting 
that stamps have been used. 
Fictitious stamps. 
Person employed in a Mint 
causing coin to be of a 
different weight or 
composition from that 
fixed by law. 
Unlawfully taking from a 
Mint any coining 
instrument. 
189(2)  Being member of an 
unlawful assembly. 

186 
187 

185 

188 

189(3)  Joining or continuing in an 
unlawful assembly, 
knowing that it has been 
commanded to disperse. 

189(4)  Joining an unlawful 

assembly armed with any 
deadly weapon. 
189(5)  Knowingly joining or 

continuing in any assembly 
of five or more persons 
after it has been 
commanded to disperse. 

191 

 
 
 
 
 
 
 
 
1 

2 

189(6)  Hiring, engaging or 

3 

4 

5 

6 

Cognizable.  According as 

employing persons to take 
part in an unlawful 
assembly. 

189(7)  Harbouring persons hired 
for an unlawful assembly. 

189(8)  Being hired to take part in 

an unlawful assembly or 
riot. 

189(9)  Or to go armed. 

190 

Every member of 
unlawful assembly guilty 
of offence committed in 
prosecution of common 
object. 

191(2)  Rioting. 

191(3)  Rioting, armed with a 
deadly weapon. 

192  Wantonly giving 

provocation with intent to 
cause riot, if rioting be 
committed. 
If not committed. 

The same as for a 
member of such 
assembly, and for any 
offence committed by 
any member of such 
assembly. 
Imprisonment for           
6 months, or fine, or 
both. 
Imprisonment for           
6 months, or fine, or 
both. 
Imprisonment for             
2 years, or fine, or 
both. 
The same as for the 
offence. 

Imprisonment for            
2 years, or fine, or 
both. 
Imprisonment for          
5 years, or fine, or 
both. 
Imprisonment for          
1 year, or fine, or 
both. 

offence is 
bailable or non-
bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

According as 
offence is 
bailable or non-
bailable. 

According as 
offence is 
cognizable or 
non-
cognizable. 
Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

The Court by 
which the offence 
is triable. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

The Court by 
which the offence 
is triable. 

Any Magistrate. 

Magistrate of the 
first class. 

Any Magistrate. 

Any Magistrate. 

Cognizable.  Bailable. 

Imprisonment for                 
6 months, or fine, or 
both. 
Fine of 1,000 rupees.  Non-

193(1)  Owner or occupier of land 
not giving information of 
riot, etc. 

193(2)  Person for whose benefit 
or on whose behalf a riot 
takes place not using all 
lawful means to prevent 
it. 

Fine. 

Fine. 

193(3)  Agent of owner or 
occupier for whose 
benefit a riot is committed 
not using all lawful means 
to prevent it. 
194(2)  Committing affray. 

Imprisonment for one 
month, or fine of 
1,000 rupees, or both. 

192 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

cognizable. 

Non-
cognizable. 

Non-
cognizable. 

Cognizable.  Bailable. 

Any Magistrate. 

 
 
1 

2 

195(1)  Assaulting or obstructing 

public servant when 
suppressing riot, etc. 

195(2)  Threatening to assault or 

attempting to obstruct 
public servant when 
suppressing riot, etc. 

196(1)  Promoting enmity 

between different groups 
on ground of religion, 
race, place of birth, 
residence, language, etc., 
and doing acts prejudicial 
to maintenance of 
harmony. 
196(2)  Promoting enmity 

between classes in place 
of worship, etc. 
197(1)  Imputations, assertions 
prejudicial to national 
integration. 

198 

197(2)  If committed in a place of 
public worship, etc. 
Public servant disobeying 
direction of the law with 
intent to cause injury to 
any person. 
Public servant disobeying 
direction under law. 

199 

200 

201 

202 

203 

Non-treatment of victim 
by hospital. 

Public servant framing an 
incorrect document with 
intent to cause injury. 
Public servant unlawfully 
engaging in trade. 

Public servant unlawfully 
buying or bidding for 
property. 

3 

4 

5 
Cognizable.  Bailable. 

6 
Magistrate of the 
first class. 

Imprisonment for              
3 years, or fine not 
less than 25,000 
rupees, or both. 
Non-
Imprisonment for                
cognizable. 
1 year, or fine, or 
both. 

Bailable. 

Any Magistrate. 

Imprisonment for                   
3 years, or fine, or 
both. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

first class. 

first class. 
Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Imprisonment for             
5 years and fine. 

Imprisonment for              
3 years, or fine, or 
both. 
Imprisonment for               
5 years and fine. 
Simple imprisonment 
for 1 year, or fine, or 
both. 

Non-
cognizable. 

Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Bailable. 

Bailable. 

Rigorous 
imprisonment for not 
less than 6 months 
which may extend to 
2 years and fine. 
Non-
Imprisonment for                 
cognizable. 
1 year, or fine, or 
both. 
Imprisonment for            
3 years, or fine, or 
both. 
Simple imprisonment 
for 1 year, or fine, or 
both, or community 
service. 
Simple imprisonment 
for 2 years, or fine, or 
both and confiscation 
of property, if 
purchased. 

Non-
cognizable. 

Non-
cognizable. 

193 

Bailable. 

Magistrate f the 
firstclass. 

 
 
 
 
 
 
 
 
 
1 
204 

2 

Personating a public 
servant. 

205  Wearing garb or carrying 

token used by public 
servant with fraudulent 
intent. 

206(a)  Absconding to avoid 

service of summons or 
other proceeding from a 
public servant. 
206(b)  If summons or notice 
require attendance in 
person, etc., in a Court. 

207(a)  Preventing service of 

summons or other 
proceeding, or preventing 
publication thereof. 

207(b)  If summons, etc., require 
attendance in person, etc., 
in a Court. 

208(a)  Non-attendance in 

obedience to an order 
from public servant. 
208(b)  If the order requires 

209 

personal attendance, etc., 
in a Court 

Non-appearance in 
response to a 
proclamation under 
section 84 of this Sanhita. 
In a case where 
declaration has been      
made under sub-section 
(4) of section 84 of this 
Sanhita pronouncing a 
person as proclaimed 
offender. 

3 
Imprisonment for not 
less than 6 months but 
which may extend to 
3 years and fine. 
Imprisonment for                 
3 months, or fine of 
5,000 rupees, or both. 

4 

5 
Cognizable.  Non-bailable.  Any Magistrate. 

6 

Cognizable.  Bailable. 

Any Magistrate. 

Simple imprisonment 
for 1 month, or fine of 
5,000 rupees, or both. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

first class. 

Simple imprisonment 
for 6 months, or fine 
of 10,000 rupees, or 
both. 
Simple imprisonment 
for 1 month, or fine of 
5,000 rupees, or both. 

Non-
cognizable. 

Non-
cognizable. 

Non-
cognizable. 

Non-
cognizable. 

Non-
cognizable. 

Simple imprisonment 
for 6 months, or fine 
of 10,000 rupees, or 
both. 
Simple imprisonment 
for 1 month, or fine of 
5,000 rupees, or both. 
Simple imprisonment 
for 6 months, or fine 
of 10,000 rupees, or 
both. 
Imprisonment for                    
3 years, or fine, or 
both, or community 
service. 
Imprisonment for                    
7 years and fine. 

194 

 
 
 
 
 
 
 
 
 
 
5 
Bailable. 

Bailable. 

Bailable. 

6 

The Court in 
which the offence 
is committed, 
subject to the 
provisions of 
Chapter XXVIII; 
or, if not 
committed, in a 
Court, any 
Magistrate. 
The Court in 
which the offence 
is committed, 
subject to the 
provisions of 
Chapter XXVIII; 
or, if not 
committed, in a 
Court, any 
Magistrate. 
Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

1 

2 

210(a)  Omission to produce 

document to public 
servant by person legally 
bound to produce or 
deliver it. 

210(b)  If the document is 

required to be produced in 
or delivered to a Court. 

3 
Simple imprisonment 
for 1 month, or fine of 
5,000 rupees, or both. 

4 

Non-
cognizable. 

Simple imprisonment   
for 6 months, or fine 
of 10,000 rupees, or 
both. 

Non-
cognizable. 

211(a)  Intentional omission to 

give notice or information 
to public servant by 
person legally bound to 
give it. 
211(b)  If the notice or 

information required 
respects the commission 
of an offence, etc. 

211(c)  If the notice or 

information is required by 
an order passed under 
sub-section (1) of section 
394 of this Sanhita. 

212(a)  Knowingly furnishing 

false information to public 
servant. 

212(b)  If the information 

required respects the 
commission of an offence, 
etc. 

Simple imprisonment 
for 1 month, or fine of 
5,000 rupees, or both. 

Non-
cognizable. 

Non-
cognizable. 

Simple imprisonment 
for 6 months, or fine 
of 10,000 rupees, or 
both. 
Non-
Imprisonment for               
cognizable. 
6 months, or fine of 
1,000 rupees, or both. 

Non-
cognizable. 

Simple imprisonment 
for 6 months, or fine 
of 5,000 rupees, or 
both. 
Non-
Imprisonment for                  
cognizable. 
2 years, or fine, or 
both. 

195 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 
213 

2 
Refusing oath when duly 
required to take oath by a 
public servant. 

3 
Simple imprisonment 
for 6 months, or fine 
of 5,000 rupees, or 
both. 

4 

Non-
cognizable. 

5 
Bailable. 

214 

Being legally bound to 
state truth, and refusing to 
answer public servant 
authorised to question. 

Simple imprisonment 
for 6 months, or fine 
of 5,000 rupees, or 
both. 

Non-
cognizable. 

Bailable. 

215 

Refusing to sign a 
statement made to a 
public servant when 
legally required to do so. 

Simple imprisonment 
for 3 months, or fine 
of 3,000 rupees, or 
both. 

Non-
cognizable. 

Bailable. 

6 
The Court in which 
the offence is 
committed, subject 
to the provisions of 
Chapter XXVIII; 
or, if not 
committed, in a 
Court, any 
Magistrate. 
The Court in which 
the offence is 
committed, subject 
to the provisions of 
Chapter XXVIII; 
or, if not 
committed, in a 
Court, any 
Magistrate. 
The Court in which 
the offence is 
committed, subject 
to the provisions of 
Chapter XXVIII; 
or, if not 
committed, in a 
Court, any 
Magistrate. 
Magistrate of the 
first class. 

Non-
Imprisonment for                  
cognizable. 
3 years and fine. 

Bailable. 

216 

217 

218 

Knowingly stating to a 
public servant on oath as 
true that which is false. 
Giving false information 
to a public servant in 
order to cause him to use 
his lawful power to the 
injury or annoyance of 
any person. 
Resistance to the taking of 
property by the lawful 
authority of a public 
servant. 

Non-
Imprisonment for                 
cognizable. 
1 year, or with fine of 
10,000 rupees, or 
both. 

Non-
Imprisonment for                 
cognizable. 
6 months, or fine of 
10,000 rupees, or 
both. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

196 

 
 
 
 
 
 
 
 
 
 
 
1 
219 

220 

221 

Obstructing sale of 
property offered for sale 
by authority of a public 
servant. 
Illegal purchase or bid for 
property offered for sale 
by authority of public 
servant. 
Obstructing public servant 
in discharge of his public 
functions. 

222(a)  Omission to assist public 

servant when bound by 
law to give such 
assistance. 

222(b)  Wilfully neglecting to aid 

a public servant who 
demands aid in the 
execution of process, the 
prevention of offences, 
etc. 

223(a)  Disobedience to an order 

lawfully promulgated by a 
public servant, if such 
disobedience causes 
obstruction, annoyance or 
injury to persons lawfully 
employed. 
223(b)  If such disobedience 

causes danger to human 
life, health or safety, or 
causes or tends to cause a 
riot or affray. 
Threat of injury to public 
servant, etc. 

224 

225 

226 

Threat of injury to induce 
person to refrain from 
applying for protection to 
public servant. 
Attempt to commit 
suicide to compel or 
restraint exercise of 
lawful power. 
229(1)  Intentionally giving or 

fabricating false evidence 
in a judicial proceeding. 

5 
Bailable. 

6 
Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

2 

3 

4 

Non-
Imprisonment for                  
cognizable. 
1 month, or fine of 
5,000 rupees, or both. 

Imprisonment for            
1 month, or fine of 
200 rupees, or both. 

Non-
cognizable. 

Imprisonment for          
3 months, or fine of 
2,500 rupees, or both. 
Simple imprisonment 
for 1 month, or fine of 
2,500 rupees, or both. 

Non-
cognizable. 

Non-
cognizable. 

Simple imprisonment 
for 6 months, or fine 
of 5,000 rupees, or 
both. 

Non-
cognizable. 

Simple imprisonment 
for 6 months, or fine 
of 2,500 rupees, or 
both. 

Cognizable.  Bailable. 

Any Magistrate. 

Imprisonment for               
1 year, or fine of 
5,000 rupees, or both. 

Cognizable.  Bailable. 

Any Magistrate. 

Non-
cognizable. 

Imprisonment for             
2 years, or fine, or 
both. 
Non-
Imprisonment for               
cognizable. 
1 year, or fine, or 
both. 

Non-
cognizable. 

Imprisonment for             
1 year, or fine, or 
both, or community 
service. 
Non-
Imprisonment for                  
cognizable. 
7 years and 10,000 
rupees. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Magistrate of the 
first class. 

197 

 
 
 
 
1 

2 

3 

4 

Non-
Imprisonment for               
cognizable. 
3 years and 5,000 
rupees. 
Imprisonment for life, 
or rigorous 
imprisonment for                 
10 years and 50,000 
rupees. 
Death, or as above.  Non-

Non-
cognizable. 

The same as for the 
offence. 

cognizable. 

Non-
cognizable. 

5 
Bailable. 

6 
Any Magistrate. 

Non-bailable.  Court of Session. 

Non-bailable.  Court of Session. 

Non-bailable.  Court of Session. 

232(2)  If innocent person is 

Cognizable.  Non-bailable.  Court by which 

Cognizable.  Non-bailable.  Court by which 

Imprisonment for                
7 years, or fine, or 
both. 

The same as for the 
offence. 

229(2)  Giving or fabricating false 

evidence in any other 
case. 

230(1)  Giving or fabricating false 

evidence with intent to 
cause any person to be 
convicted of capital 
offence. 

231 

230(2)  If innocent person be 
thereby convicted and 
executed. 
Giving or fabricating false 
evidence with intent to 
procure conviction of an 
offence punishable with 
imprisonment for life or 
with imprisonment for 7 
years, or upwards. 
232(1)  Threatening any person to 
give false evidence. 

convicted and sentenced 
in consequence of false 
evidence with death, or 
imprisonment for more 
than 7 years. 
Using in a judicial 
proceeding evidence 
known to be false or 
fabricated. 

Knowingly issuing or 
signing a false certificate 
relating to any fact of 
which such certificate is 
by law admissible in 
evidence. 
Using as a true certificate 
one known to be false in a 
material point. 

233 

234 

235 

236 

The same as for 
giving or fabricating 
false evidence. 

Non-
cognizable. 

The same as for 
giving false evidence. 

Non-
cognizable. 

According as 
offence of 
giving such 
evidence is 
bailable or non-
bailable. 
Bailable. 

The same as for 
giving false evidence. 

Non-
cognizable. 

Bailable. 

False statement made in 
any declaration which is 
by law receivable as 
evidence. 

The same as for 
giving false evidence. 

Non-
cognizable. 

Bailable. 

198 

offence of giving 
false evidence is 
triable. 

offence of giving 
false evidence is 
triable. 

Court by which 
offence of giving 
or fabricating 
false evidence is 
triable. 

Court by which 
offence of giving 
false evidence is 
triable. 

Court by which 
offence of giving 
false evidence is 
triable. 
Court by which 
offence of giving 
false evidence is 
triable. 

 
 
 
1 
237 

2 

Using as true any such 
declaration known to be 
false. 

238(a)  Causing disappearance of 

evidence of an offence 
committed, or giving false 
information touching it to 
screen the offender, if a 
capital offence. 

238(b)  If punishable with 

imprisonment for life or 
imprisonment for 10 
years. 

238(c)  If punishable with less 
than 10 years' 
imprisonment. 

239 

240 

241 

242 

243 

Intentional omission to 
give information of an 
offence by a person 
legally bound to inform. 
Giving false information 
respecting an offence 
committed. 
Secreting or destroying 
any document to prevent 
its production as evidence. 
False personation for the 
purpose of any act or 
proceeding in a suit or 
criminal prosecution, or 
for becoming bail or 
security. 
Fraudulent removal or 
concealment, etc., of 
property to prevent its 
seizure as a forfeiture or 
in satisfaction of a fine 
under sentence, or in 
execution of a decree. 

6 

Court by which 
offence of giving 
false evidence is 
triable. 
Court of Session. 

Magistrate of the 
first class. 

3 

4 

The same as for 
giving false evidence. 

Non-
cognizable. 

5 
Bailable. 

Imprisonment for                  
7 years and fine. 

Bailable. 

According as 
the offence in 
relation to 
which 
disappearance 
of evidence is 
caused is 
cognizable or 
non-
cognizable. 
Non-
cognizable. 

Non-
cognizable. 

Non-
cognizable. 

Imprisonment for          
3 years and fine. 

Bailable. 

Imprisonment for 
one-fourth of the 
longest term provided 
for the offence, or 
fine, or both. 
Imprisonment for           
6 months, or fine of 
5,000 rupees, or both. 

Non-
Imprisonment for                 
cognizable. 
2 years, or fine, or 
both. 
Imprisonment for           
3 years, or fine of 
5,000 rupees, or both. 
Imprisonment for           
3 years, or fine, or 
both. 

Non-
cognizable. 

Non-
cognizable. 

Imprisonment for          
3 years, or fine, of 
5,000 rupees, or both. 

Non-
cognizable. 

Bailable. 

Court by which 
the offence is 
triable. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Bailable. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Bailable. 

Any Magistrate. 

199 

 
 
 
 
 
 
 
 
 
2 

3 

4 

Non-
Imprisonment for                
cognizable. 
2 years, or fine, or 
both. 

5 
Bailable. 

6 
Any Magistrate. 

Bailable. 

Magistrate of the 
first class. 

Bailable. 

Bailable. 

Magistrate of the 
first class. 
Magistrate of the 
first class. 

Bailable. 

Magistrate of the 
first class. 

Bailable. 

Court of Session. 

Non-
Imprisonment for               
cognizable. 
2 years, or fine, or 
both. 

Imprisonment for          
Non-
cognizable. 
2 years and fine. 
Non-
Imprisonment for                  
cognizable. 
2 years, or fine, or 
both. 

Non-
Imprisonment for                  
cognizable. 
5 years, or fine of               
2 lakh rupees, or both. 
Non-
Imprisonment for                 
cognizable. 
10 years and fine. 

1 
244 

245 

246 

247 

Claiming property  
without right, or 
practising deception 
touching any right to it,  
to prevent its being taken 
as a forfeiture, or in 
satisfaction of a fine under 
sentence, or in execution 
of a decree. 
Fraudulently suffering a 
decree to pass for a sum 
not due, or suffering 
decree to be executed 
after it has been satisfied. 
False claim in a Court. 

Fraudulently obtaining a 
decree for a sum not due, 
or causing a decree to be 
executed after it has been 
satisfied. 

248(a)  False charge of offence 

made with intent to injure. 

248(b)  Criminal proceeding 
instituted on a false 
charge of an offence 
punishable with death, 
imprisonment for life, or 
imprisonment for ten 
years or upwards. 
249(a)  Harbouring an offender, if 

the offence is punishable 
with death. 
249(b)  If punishable with 

imprisonment for life or 
with imprisonment for               
10 years. 
249(c)  If punishable with 

imprisonment for 1 year 
and not for 10 years. 

Imprisonment for                  
5 years and fine. 

Cognizable.  Bailable. 

Imprisonment for                   
3 years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Imprisonment for 
one-fourth of the 
longest term, and of 
the descriptions, 
provided for the 
offence, or fine, or 
both. 

200 

 
 
 
 
 
 
3 
Imprisonment for          
7 years and fine. 

4 

5 
Cognizable.  Bailable. 

6 
Magistrate of the 
first class. 

Imprisonment for          
3 years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Imprisonment for 
one-fourth of the 
longest term provided 
for the offence, or 
fine, or both. 
Non-
Imprisonment for               
cognizable. 
7 years and fine. 

Bailable. 

Magistrate of the 
first class. 

Imprisonment for              
3 years and fine. 

Non-
cognizable. 

Bailable. 

Magistrate of the 
first class. 

Non-
cognizable. 

Bailable. 

Magistrate of the 
first class. 

Imprisonment for 
one-fourth of the 
longest term, 
provided for the 
offence, or fine, or 
both. 
Imprisonment for                
2 years, or fine, or 
both. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Imprisonment for          
7 years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

1 

2 

250(a)  Taking gift, etc., to screen 
an offender from 
punishment if the offence 
is punishable with death. 

250(b)  If punishable with 

imprisonment for life or 
with imprisonment for 10 
years. 

250(c)  If punishable with 

imprisonment for less 
than 10 years. 

251(a)  Offering gift or 

restoration of property in 
consideration of screening 
offender if the offence is 
punishable with death. 

251(b)  If punishable with 

imprisonment for life or 
with imprisonment for 10 
years. 

251(c)  If punishable with 

imprisonment for less 
than 10 years. 

252 

Taking gift to help to 
recover movable property 
of which a person has 
been deprived by an 
offence without causing 
apprehension of offender. 

253(a)  Harbouring an offender 

who has escaped from 
custody, or whose 
apprehension has been 
ordered, if the offence is 
punishable with death. 

253(b)  If punishable with 

imprisonment for life or 
with imprisonment for               
10 years. 

Imprisonment for                  
3 years, with or 
without fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

201 

 
 
 
 
 
 
 
1 

2 

253(c)  If punishable with 

imprisonment for 1 year 
and not for 10 years. 

254 

Harbouring robbers or 
dacoits. 

256 

255 

Public servant disobeying 
a direction of law with 
intent to save person from 
punishment, or property 
from forfeiture. 
Public servant framing an 
incorrect record or writing 
with intent to save person 
from punishment, or 
property from forfeiture. 
Public servant in a judicial 
proceeding corruptly 
making and pronouncing 
an order, report, etc. 
contrary to law. 
Commitment for trial or 
confinement by a person 
having authority, who 
knows that he is acting 
contrary to law. 
259(a)  Intentional omission to 

258 

257 

apprehend on the part of a 
public servant bound by 
law to apprehend an 
offender, if the offence is 
punishable with death. 

3 

4 

5 
Cognizable.  Bailable. 

Imprisonment for 
one-fourth of the 
longest term provided 
for the offence, or 
fine, or both. 
Rigorous 
imprisonment for            
7 years and fine. 
Imprisonment for          
2 years, or fine, or 
both. 

6 
Magistrate of the 
first class. 

Magistrate of the 
first class. 

Cognizable.  Bailable. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Imprisonment for              
3 years, or fine, or 
both. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Imprisonment for             
7 years, or fine, or 
both. 

Non-
cognizable. 

Non-
Imprisonment for               
cognizable. 
7 years, or fine, or 
both. 

Bailable. 

Magistrate of the 
first class. 

Bailable. 

Magistrate of the 
first class. 

Imprisonment for                     
7 years, with or 
without fine. 

Bailable. 

According as 
the offence in 
relation to 
which such 
omission has 
been made is 
cognizable or 
non-
cognizable. 
Cognizable.  Bailable. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Imprisonment for                   
2 years, with or 
without fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

202 

259(b)  If punishable with 

imprisonment for life or 
imprisonment for             
10 years. 
259(c)  If punishable with 

imprisonment for less 
than 10 years. 

Imprisonment for            
3 years, with or 
without fine. 

 
 
 
 
 
 
1 

2 

260(a)  Intentional omission to 

4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

3 
Imprisonment for life, 
or imprisonment for 
14 years, with or 
without fine. 

apprehend on the part of a 
public servant bound by 
law to apprehend person 
under sentence of a Court 
if under sentence of death. 

260(b)  If under sentence of 

imprisonment for life or 
imprisonment for 10 
years, or upwards. 

260(c)  If under sentence of 

imprisonment for less 
than 10 years or lawfully 
committed to custody. 
Escape from confinement 
negligently suffered by a 
public servant. 
Resistance or obstruction 
by a person to his lawful 
apprehension. 

261 

262 

263(a)  Resistance or obstruction 

to the lawful  
apprehension of any 
person, or rescuing him 
from lawful custody. 
263(b)  If charged with an    

offence punishable with 
imprisonment for life or 
imprisonment for 10 
years. 

263(c)  If charged with offence 
punishable with death. 

263(d)  If the person is sentenced 
to imprisonment for life, 
or imprisonment for 10 
years, or upwards. 

Imprisonment for            
7 years, with or 
without fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Imprisonment for                  
3 years, or fine, or 
both. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Bailable. 

Any Magistrate. 

Non-
cognizable. 

Simple imprisonment 
for 2 years, or fine, or 
both. 
Imprisonment for                 
2 years, or fine, or 
both. 
Imprisonment for               
2 years, or fine, or 
both. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Any Magistrate. 

Any Magistrate. 

Imprisonment for             
3 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Imprisonment for            
7 years and fine. 
Imprisonment for           
7 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

first class. 

263(e)  If under sentence of death. Imprisonment for life, 

Cognizable.  Non-bailable.  Court of Session. 

or imprisonment for 
10 years and fine. 

203 

 
 
 
 
 
 
1 
264 

265 

266 

267 

2 
Omission to apprehend,    
or sufferance of escape  
on part of public servant, 
in cases not otherwise 
provided for:-- 
(a) in case of intentional 
omission or sufferance; 

(b) in case of negligent 
omission or sufferance. 

Resistance or obstruction 
to lawful apprehension, or 
escape or rescue in cases 
not otherwise provided 
for. 
Violation of condition of 
remission of punishment. 

Intentional insult or 
interruption to a public 
servant sitting in any    
stage of a judicial 
proceeding. 

268 

Personation of an assessor. 

269 

271 

272 

273 

274 

Failure by person released 
on bond or bail bond to 
appear in Court. 
Negligently doing any act 
known to be likely to spread 
infection of any disease 
dangerous to life. 
Malignantly doing any act 
known to be likely to spread 
infection of any disease 
dangerous to life. 
Knowingly disobeying any 
quarantine rule. 

Adulterating food or drink 
intended for sale, so as to 
make the same noxious. 

3 

4 

5 

6 

Non-
cognizable. 

Non-
cognizable. 

Imprisonment for                   
3 years, or fine, or 
both. 
Simple imprisonment 
for 2 years, or fine, or 
both. 
Imprisonment                      
for  6 months, or fine, 
or both. 

Bailable. 

Magistrate of the 
first class. 

Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

Cognizable.  Non-bailable.  The Court by 

Punishment of 
original sentence,           
or   if part of the 
punishment has              
been undergone, the 
residue. 
Simple imprisonment 
for 6 months, or fine 
of 5,000 rupees, or 
both. 

Non-
cognizable. 

Bailable. 

which the original 
offence was 
triable. 

The Court in 
which the offence 
is committed, 
subject to the 
provisions of 
Chapter XXVIII; 
or, if not 
committed, in a 
Court, any 
Magistrate. 
Magistrate of the 
first class. 
Any Magistrate. 

Any Magistrate. 

Non-
Imprisonment for                    
cognizable. 
2 years, or fine, or both. 
Cognizable.  Non-bailable. 
Imprisonment for                   
1 year, or fine, or both. 

Bailable. 

Imprisonment for                     
6 months, or fine, or 
both. 

Cognizable.  Bailable. 

Imprisonment for                    
2 years, or fine, or both. 

Cognizable.  Bailable. 

Any Magistrate. 

Non-
cognizable. 

Imprisonment for                        
6 months, or fine, or 
both. 
Non-
Imprisonment for                     
cognizable. 
6 months, or fine of 
5,000 rupees, or both. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

204 

 
  
  
  
  
1 

275 

276 

277 

278 

279 

283 

284 

285 

286 

287 

288 

289 

4 

3 

Non-
Imprisonment for                     
cognizable. 
6 months, or fine of 
5,000 rupees, or both. 
Non-
Imprisonment for                     
cognizable. 
1 year, or fine of 5,000 
rupees, or both. 

2 
Selling any food or drink as 
food and drink, knowing the 
same to be noxious. 
Adulterating any drug or 
medical preparation intended 
for sale so as to lessen its 
efficacy, or to change its 
operation, or to make it 
noxious. 
Non-
Sale of adulterated drugs.  Imprisonment for                 
cognizable. 

Knowingly selling of drug 
as a different drug or 
preparation. 
Fouling water of public 
spring or reservoir. 

6 months, or fine of 
5,000 rupees, or both. 
Non-
Imprisonment for                
cognizable. 
6 months, or fine of 
5,000 rupees, or both. 
Imprisonment for                  
6 months, or fine of 
5,000 rupees, or both. 
Fine of 1,000 rupees.  Non-

5 
Bailable. 

6 

Any Magistrate. 

Non-bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

280  Making atmosphere 

281 

noxious to health. 
Rash driving or riding on 
a public way. 

Bailable. 

Any Magistrate. 

cognizable. 
Cognizable.  Bailable. 

Imprisonment for                
6 months, or fine of 
1,000 rupees, or both. 

Any Magistrate. 

282 

Rash navigation of vessel. Imprisonment for                 

Cognizable.  Bailable. 

Any Magistrate. 

Exhibition of a false light, 
mark or buoy. 

Conveying person by 
water for hire in unsafe or 
overloaded vessel. 
Causing danger or 
obstruction in public way 
or line of navigation. 
Negligent conduct with 
respect to poisonous 
substance. 
Negligent conduct with 
respect to fire or 
combustible matter. 
Negligent conduct with 
respect to explosive 
substance. 
Negligent conduct with 
respect to machinery. 

Cognizable.  Bailable. 

6 months, or fine of 
10,000 rupees, or 
both. 
Imprisonment for                 
7 years, and fine 
which shall not be 
less than 10,000 
rupees. 
Imprisonment for                   
6 months, or fine of 
5,000 rupees, or both. 
Fine of 5,000 rupees.  Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Imprisonment for                
6 months, or fine of 
5,000 rupees, or both. 
Imprisonment for                
6 months, or fine of 
2,000 rupees, or both. 
Imprisonment for             
6 months, or fine of 
5,000 rupees, or both. 
Non-
Imprisonment for                  
cognizable. 
6 months, or fine of 
5,000 rupees, or both. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

205 

Magistrate of the 
first class. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

 
 
1 
290 

291 

292 

293 

2 

Negligent conduct with 
respect to pulling down, 
repairing or constructing 
buildings, etc. 
Negligent conduct with 
respect to animal. 

Committing public 
nuisance in cases not 
otherwise provided for. 
Continuance of nuisance 
after injunction to 
discontinue. 

294(2)  Sale, etc., of obscene 
books, etc. 

295 

Sale, etc., of obscene 
objects to child. 

296 

Obscene acts and songs. 

297(2)  Publishing proposals 

298 

relating to lotteries. 
Defiling, etc., place of 
worship, with intent to 
insult the religion of any 
class. 

3 
Imprisonment for          
6 months, or fine of 
5,000 rupees, or both. 

4 

Non-
cognizable. 

5 
Bailable. 

6 
Any Magistrate. 

Cognizable.  Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

cognizable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Imprisonment for                
6 months, or fine of 
5,000 rupees, or both. 
Fine of 1,000 rupees.  Non-

Simple imprisonment 
for 6 months, or fine 
of 5,000 rupees, or 
both. 
On first conviction, 
with imprisonment for 
2 years, and with fine 
of 5,000 rupees, and, 
in the event of second 
or subsequent 
conviction, with 
imprisonment for                
5 years, and with fine 
of 10,000 rupees. 
On first conviction, 
with imprisonment for 
3 years, and with fine 
of 2,000 rupees, and 
in the event of second 
or subsequent 
conviction, with 
imprisonment for             
7 years, and with fine 
of 5,000 rupees. 
Imprisonment for                  
3 months, or fine of 
1,000 rupees, or both. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Any Magistrate. 

Cognizable.  Bailable. 

Non-
cognizable. 

6 months, or fine, or 
both. 
Fine of 5,000 rupees.  Non-

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

cognizable. 
Cognizable.  Non-bailable.  Any Magistrate. 

Imprisonment for                 
2 years, or fine, or 
both. 

206 

297(1)  Keeping a lottery office.  Imprisonment for            

 
 
 
 
 
 
2 
Deliberate and malicious 
acts, intended to outrage 
religious feelings of any 
class by insulting its 
religion or religious 
beliefs. 
Disturbing religious 
assembly. 

Trespassing on burial 
places, etc. 

1 
299 

300 

301 

302 

Uttering words, etc., with 
deliberate intent to wound 
religious feelings. 

303(2)  Theft. 

Where value of property 
is less than 5,000 rupees. 

304(2)  Snatching. 

305 

306 

Theft in a dwelling house, 
or means of transportation 
or place of worship, etc. 
Theft by clerk or servant 
of property in possession 
of master or employer. 

308(2)  Extortion. 

308(3)  Putting or attempting to 
put in fear of injury, in 
order to commit extortion. 

308(4)  Putting or attempting to 

put a person in fear of 
death or grievous hurt in 
order to commit extortion. 

308(5)  Extortion by putting a 

person in fear of death or 
grievous hurt. 

3 

4 

5 

6 

Cognizable.  Non-bailable.  Magistrate of the 

Imprisonment for              
3 years, or fine, or 
both. 

first class. 

Any Magistrate. 

Any Magistrate. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Bailable. 

Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

Bailable. 

Any Magistrate. 

Imprisonment for                 
1 year, or fine, or 
both. 
Imprisonment for               
1 year, or fine, or 
both. 
Non-
Imprisonment for                  
cognizable. 
1 year, or fine, or 
both. 
Rigorous 
imprisonment for not 
be less than 1 year but 
which may extend to 
5 years, and fine. 
Upon return of the 
value of property or 
restoration of the 
stolen property, shall 
be punished with 
community service. 
Imprisonment for              
3 years and fine. 
Imprisonment for                   
7 years and fine. 

Non-
cognizable. 

Cognizable.  Non-bailable.  Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Bailable. 

first class. 

Any Magistrate. 

Cognizable.  Non-bailable.  Magistrate of the 

Imprisonment for               
7 years and fine. 

Imprisonment for            
7 years, or fine, or 
both. 
Imprisonment for          
2 years, or fine, or 
both. 
Imprisonment for              
7 years and fine. 

Imprisonment for               
10 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

first class. 

207 

 
  
 
1 

2 

3 

308(6)  Putting a person in fear of 

4 

5 
Cognizable.  Bailable. 

Imprisonment for             
10 years and fine. 

accusation of an offence 
punishable with death, 
imprisonment for life, or 
imprisonment for 10 years 
in order to commit 
extortion. 

6 
Magistrate of the 
first class. 

Imprisonment for              
10 years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

308(7)  Extortion by threat of 

accusation of an offence 
punishable with death, 
imprisonment for life, or 
imprisonment for 10 
years. 

309(4)  Robbery. 

If robbery committed on 
highway between sunset 
and sunrise. 
309(5)  Attempt to commit 

robbery. 

309(6)  Causing hurt. 

310(2)  Dacoity. 

310(3)  Murder in dacoity. 

310(4)  Making preparation to 
commit dacoity. 

more persons assembled 
for the purpose of 
committing dacoity. 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

first class. 

first class. 

first class. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Rigorous 
imprisonment for                
10 years and fine. 
Rigorous 
imprisonment for                 
14 years. 
Rigorous 
imprisonment for           
7 years and fine. 
Imprisonment for life, 
or rigorous 
imprisonment for                
10 years and fine. 
Imprisonment for life, 
or rigorous  
imprisonment for           
10 years and fine. 
Death, imprisonment 
for life, or rigorous 
imprisonment for not 
less than 10 years and 
fine. 
Rigorous 
imprisonment for                 
10 years and fine. 
Rigorous 
imprisonment for             
7 years and fine. 

310(5)  Being one of five or            

Cognizable.  Non-bailable.  Court of Session. 

208 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
1 

2 

310(6)  Belonging to a gang of 

4 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

3 
Imprisonment for life, 
or rigorous 
imprisonment for                  
10 years and fine. 
Imprisonment for not 
less than 7 years. 

Imprisonment for not 
less than 7 years. 

Rigorous 
imprisonment for           
7 years and fine. 

Imprisonment of not 
less than 6 months but 
which may extend              
to 2 years and fine. 

Non-
cognizable. 

Non-
Imprisonment for               
cognizable. 
3 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

Bailable. 

Any Magistrate. 

Bailable. 

Magistrate of the 
first class. 

311 

312 

313 

314 

315 

persons associated for the 
purpose of habitually 
committing dacoity. 
Robbery or dacoity, with 
attempt to cause death or 
grievous hurt. 
Attempt to commit 
robbery or dacoity when 
armed with deadly 
weapon. 
Belonging to a wandering 
gang of persons 
associated for the purpose 
of habitually committing 
thefts. 
Dishonest 
misappropriation of 
movable property, or 
converting it to one's own 
use. 
Dishonest 
misappropriation of 
property possessed by 
deceased person at the 
time of his death. 
If by clerk or person 
employed by deceased. 

316(2)  Criminal breach of trust.  Imprisonment for                 

Imprisonment for                   
7 years. 

Bailable. 

Non-
cognizable. 
Cognizable.  Non-bailable.  Magistrate of the 

Magistrate of the 
first class. 

316(3)  Criminal breach of trust 
by a carrier, wharfinger, 
etc. 

316(4)  Criminal breach of trust 

by a clerk or servant. 

316(5)  Criminal breach of trust 
by public servant or by 
banker, merchant or 
agent, etc. 

317(2)  Dishonestly receiving 

stolen property              
knowing it to be stolen. 

5 years, or fine, or 
both. 
Imprisonment for                    
7 years and fine. 

Imprisonment for                  
7 years and fine. 
Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

first class. 

first class. 

first class. 

Imprisonment for                   
3 years, or fine, or 
both. 

Cognizable.  Non-bailable.  Any Magistrate. 

209 

 
 
 
 
 
 
 
 
1 

2 

317(3)  Dishonestly receiving 

stolen property, knowing 
that it was obtained by 
dacoity. 

317(4)  Habitually dealing in 

stolen property. 

317(5)  Assisting in concealment 

or disposal of stolen 
property, knowing it to be 
stolen. 

318(2)  Cheating. 

4 

3 
Imprisonment for life, 
or rigorous 
imprisonment for               
10 years and fine. 
Imprisonment for life, 
or imprisonment for 
10 years and fine. 
Imprisonment for                    
3 years, or fine, or 
both. 

Cognizable.  Non-bailable.  Court of Session. 

5 

6 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Any Magistrate. 

Non-
Imprisonment for                
cognizable. 
3 years, or fine, or 
both. 
Imprisonment for           
5 years, or fine, or 
both. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Imprisonment for                     
7 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

318(3)  Cheating a person whose 
interest the offender was 
bound, either by law or by 
legal contract, to protect. 
318(4)  Cheating and dishonestly 

inducing delivery of 
property. 

319(2)  Cheating by personation.  Imprisonment for               

Cognizable  Bailable. 

Any Magistrate. 

Non-
cognizable. 

5 years, or with fine, 
or with both. 
Imprisonment of not 
be less than 6 months 
but which may extend 
to 2 years, or fine, or 
both. 
Non-
Imprisonment for               
cognizable. 
2 years, or fine, or 
both. 

Non-
Imprisonment for               
cognizable. 
3 years, or fine, or 
both. 

320 

321 

322 

Fraudulent removal or 
concealment of property, 
etc., to prevent 
distribution among 
creditors. 
Dishonest or fraudulently 
preventing from being 
made available for his 
creditors a debt or demand 
due to the offender. 
Dishonest or fraudulent 
execution of deed of 
transfer containing a         
false statement of 
consideration. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

210 

 
 
 
 
 
 
 
 
 
 
1 
323 

2 

3 

4 

Non-
Imprisonment for                  
cognizable. 
3 years, or fine, or 
both. 

Fraudulent removal or 
concealment of property, 
of himself or any other 
person or assisting in the 
doing thereof, or 
dishonestly releasing any 
demand or claim to which 
he is entitled. 

Imprisonment for           
6 months, or fine, or 
both. 
Imprisonment for          
1 year, or fine, or 
both. 

Non-
cognizable. 

Non-
cognizable. 

5 
Bailable. 

6 
Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

324(2)  Mischief. 

324(3)  Mischief causing loss or 
damage to any property 
including property of 
Government or Local 
Authority. 

324(4)  Mischief causing loss or 
damage to the amount of 
twenty thousand rupees 
but less than 2 lakh 
rupees. 

324(5)  Mischief causing loss or 
damage to the amount of 
one lakh rupees or 
upwards. 

324(6)  Mischief with preparation 
for causing to any person 
death, or hurt, or   
wrongful restraint, or          
fear of death, or of hurt, or             
of wrongful restraint. 
325  Mischief by killing or 

maiming animal. 

326(a)  Mischief by causing 

diminution of supply of 
water for agricultural 
purposes, etc. 
326(b)  Mischief by injury to 

public road, bridge, 
navigable river, or 
navigable channel, and 
rendering it impassable or 
less safe for travelling or 
conveying property. 
326(c)  Mischief by causing 

inundation or obstruction 
to public drainage 
attended with damage. 

Imprisonment for           
2 years, or fine, or 
both. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Imprisonment for            
5 years, or fine, or 
both. 

Cognizable.  Bailable. 

Imprisonment for           
5 years, and fine. 

Cognizable.  Bailable. 

Imprisonment for                  
5 years, or fine, or 
both. 
Imprisonment for           
5 years, or fine, or 
both. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Imprisonment for                  
5 years, or fine, or 
both. 

Cognizable.  Bailable. 

Imprisonment for            
5 years, or with fine, 
or with both. 

Cognizable.  Bailable. 

211 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

 
 
1 

2 

326(d)  Mischief by destroying or 
moving or rendering less 
useful a lighthouse or 
seamark, or by exhibiting 
false lights. 

326(e)  Mischief by destroying or 
moving, etc., a landmark 
fixed by public authority. 

326(f)  Mischief by fire or 

explosive substance with 
intent to cause damage. 

326(g)  Mischief by fire or 

explosive substance with 
intent to destroy a house, 
etc. 

327(1)  Mischief with intent to 

destroy or make unsafe a 
decked vessel or a vessel 
of 20 tonnes burden. 

327(2)  The mischief described in 

the last section when 
committed by fire or any 
explosive substance. 
Running vessel with 
intent to commit theft, etc. 

328 

329(3)  Criminal trespass. 

329(4)  House-trespass. 

331(1)  Lurking house-trespass or 
house-breaking. 

331(2)  Lurking house-trespass            
or house-breaking by 
night. 

3 

4 

5 
Cognizable.  Bailable. 

Imprisonment for 7 
years, or fine, or both. 

6 
Magistrate of the 
first class. 

Non-
Imprisonment for               
cognizable. 
1 year, or fine, or 
both. 
Imprisonment for          
7 years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Bailable. 

Any Magistrate. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for 10 
years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Imprisonment for                  
10 years and fine. 
Imprisonment for               
3 months, or fine of 
5,000 rupees, or both. 
Imprisonment for            
1 year, or fine of 
5,000 rupees, or both. 
Imprisonment for                
2 years and fine. 
Imprisonment for          
3 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Bailable. 

Cognizable.  Bailable. 

Any Magistrate. 

Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

331(3)  Lurking house-trespass or 
house-breaking in order   
to the commission of an 
offence punishable with 
imprisonment. 
If the offence be theft. 

Imprisonment for           
3 years and fine. 

Cognizable.  Non-bailable.  Any Magistrate. 

Imprisonment for 10 
years. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

212 

 
 
 
 
 
 
 
 
1 

2 

331(4)  Lurking house-trespass or 

house-breaking by night 
in order to the 
commission of an              
offence punishable with 
imprisonment. 
If the offence be theft. 

331(5)  Lurking house-trespass            
or house-breaking after 
preparation made for 
causing hurt, assault, etc. 

331(6)  Lurking house-trespass          
or house-breaking by 
night, after preparation 
made  for causing hurt, 
etc. 

331(7)  Grievous hurt caused 

whilst committing   
lurking house-trespass          
or house-breaking. 

331(8)  Death or grievous hurt 

caused by one of several 
persons jointly concerned 
in house-breaking by 
night, etc. 

332(a)  House-trespass in order  
to the commission of an 
offence punishable with 
death. 

332(b)  House-trespass in order  
to the commission of an 
offence punishable with 
imprisonment for life. 

332(c)  House-trespass in order    

to the commission of an 
offence punishable           
with imprisonment. 
If the offence is theft. 

333 

House-trespass, having 
made preparation for 
causing hurt, assault, etc. 

334(1)  Dishonestly breaking 

open or unfastening any 
closed receptacle 
containing or supposed to 
contain property. 

3 
Imprisonment for           
5 years and fine. 

4 

5 
Cognizable.  Non-bailable.  Any Magistrate. 

6 

Imprisonment for          
14 years. 
Imprisonment for          
10 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

Cognizable.  Non-bailable.  Magistrate of the 

Imprisonment for         
14 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

first class. 

first class. 

first class. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for life, 
or rigorous 
imprisonment for               
10 years and fine. 
Imprisonment for                
10 years and fine. 

Cognizable.  Non-bailable.  Court of Session. 

Cognizable.  Non-bailable.  Court of Session. 

Imprisonment for                
2 years and fine. 

Cognizable.  Bailable. 

Any Magistrate. 

Imprisonment for                   
7 years. 
Imprisonment for           
7 years and fine. 

Cognizable.  Non-bailable.  Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

Imprisonment for                  
2 years, or fine, or 
both. 

Cognizable.  Non-bailable.  Any Magistrate. 

213 

 
 
 
3 
Imprisonment for            
3 years, or fine, or 
both. 

4 

5 
Cognizable.  Bailable. 

6 
Any Magistrate. 

336(3)  Forgery for the purpose of 

Cognizable.  Non-bailable.  Magistrate of the 

Bailable. 

Magistrate of the 
first class. 

Non-
Imprisonment for                
cognizable. 
2 years, or fine, or 
both. 
  Imprisonment for              
7 years and fine. 
  Imprisonment for              
3 years and fine. 

Cognizable.  Bailable. 

first class. 
Magistrate of the 
first class. 

1 

2 

334(2)  Being entrusted with any 
closed receptacle 
containing or supposed to 
contain any property, and 
fraudulently opening the 
same. 

336(2)  Forgery. 

cheating. 

338 

337 

336(4)  Forgery for the purpose of 
harming the reputation of 
any person or knowing 
that it is likely to be used 
for that purpose. 
Forgery of a record of a 
Court or of a Registrar of 
Births, etc., kept by a 
public servant. 
Forgery of a valuable 
security, will, or authority 
to make or transfer any 
valuable security, or to 
receive any money, etc. 
When the valuable 
security is a promissory 
note of the Central 
Government. 
Having possession of a 
document, knowing it to 
be forged, with intent to 
use it as genuine; if the 
document is one of the 
description mentioned         
in section 337. 
If the document is one          
of the description 
mentioned in section 338. 
340(2)  Using as genuine a forged 
document which is known 
to be forged. 

339 

Non-
Imprisonment for               
cognizable. 
7 years and fine 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Non-
cognizable. 

Non-bailable.  Magistrate of the 

first class. 

Non-bailable.  Magistrate of the 

first class. 

Imprisonment for life, 
or imprisonment for 
10 years and fine. 

Cognizable.  Non-bailable.  Magistrate of the 

Imprisonment for                  
7 years and fine. 

Cognizable.  Bailable. 

first class. 

Magistrate of the 
first class. 

Imprisonment for    
life, or imprisonment 
for 7 years and fine. 
Punishment for 
forgery of such 
document. 

Non-
cognizable. 

Bailable. 

Magistrate of the 
first class. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

214 

 
 
 
 
 
 
 
 
 
1 

2 

341(1)  Making or counterfeiting 

3 
Imprisonment for life, 
or imprisonment for        
7 years and fine. 

4 

5 
Cognizable.  Bailable. 

341(2)  Making or counterfeiting 

Imprisonment for                
7 years and fine. 

Cognizable.  Bailable. 

a seal, plate, etc., with 
intent to commit a forgery 
punishable under section 
338 or possessing with 
like intent any such seal, 
plate, etc., knowing the 
same to be counterfeit. 

a seal, plate, etc., with 
intent to commit a forgery 
punishable otherwise than 
under section 338 or 
possessing with like intent 
any such seal, plate, etc., 
knowing the same to be 
counterfeit. 

6 
Magistrate of the 
first class. 

Magistrate of the 
first class. 

341(3)  Possesses any seal, plate 

or other instrument 
knowing the same to be 
counterfeit. 

341(4)  Fraudulently or 

dishonestly uses as 
genuine any seal, plate or 
other instrument knowing 
or having reason to 
believe the same to be 
counterfeit. 

Imprisonment for           
3 years and fine. 

Cognizable.  Bailable. 

Magistrate of the 
first class. 

Cognizable.  Bailable. 

Same as if he had 
made or counterfeited 
such seal, plate or 
other instrument. 

Magistrate of the 
first class. 

342(1)  Counterfeiting a device or 

mark used for 
authenticating documents 
described in section 338 
or possessing counterfeit 
marked material. 
342(2)  Counterfeiting a device or 

Imprisonment for life, 
or imprisonment for      
7 years and fine. 

Non-
cognizable. 

Imprisonment for           
7 years and fine. 

Non-
cognizable. 

mark used for 
authenticating documents 
other than those described 
in section 338 or 
possessing counterfeit 
marked material. 
Fraudulently destroying or 
defacing, or attempting to 
destroy or deface, or 
secreting, a will, etc. 
Non-
Falsification of accounts.  Imprisonment for                
cognizable. 

Imprisonment for life, 
or imprisonment for     
7 years and fine. 

Non-
cognizable. 

7 years, or fine, or 
both. 

343 

344 

Bailable. 

Magistrate of the 
first class. 

Non-bailable.  Magistrate of the 

first class. 

Non-bailable.  Magistrate of the 

first class. 

Bailable. 

Magistrate of the 
first class. 

215 

 
 
 
 
 
 
 
 
1 

2 

345(3)  Using a false property 

346 

mark with intent to 
deceive or injure any 
person. 
Removing, destroying or 
defacing property mark 
with intent to cause 
injury. 

347(1)  Counterfeiting a property 

mark used by another, 
with intent to cause 
damage or injury. 
347(2)  Counterfeiting a property 

348 

mark used by a public 
servant, or any mark used 
by him to denote the 
manufacture, quality, etc., 
of any property. 
Fraudulently making or 
having possession of any 
die, plate or other 
instrument for 
counterfeiting any public 
or private property mark. 
Knowingly selling goods 
marked with a counterfeit 
property mark. 
350(1)  Fraudulently making a 

349 

false mark upon any 
package or receptacle 
containing goods, with 
intent to cause it to be 
believed that it contains 
goods, which it does not 
contain, etc. 

350(2)  Making use of any such 

false mark. 

351(2)  Criminal intimidation. 

351(3)  If threat be to cause death 

or grievous hurt, etc. 

351(4)  Criminal intimidation by 

anonymous 
communication or having 
taken precaution to 
conceal whence the threat 
comes. 

3 

4 

Imprisonment for             
1 year, or fine, or 
both. 

Non-
cognizable. 

Non-
Imprisonment for               
cognizable. 
1 year, or fine, or 
both. 

Imprisonment for           
2 years, or fine, or 
both.  

Non-
cognizable. 

5 
Bailable. 

6 
Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Magistrate of the 
first class. 

Bailable. 

Magistrate of the 
first class. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable 

Any Magistrate. 

Bailable 

Bailable. 

Magistrate of the 
first class. 

Magistrate of the 
first class. 

Imprisonment for             
3 years and fine. 

Non-
cognizable. 

Non-
Imprisonment for                 
cognizable. 
3 years, or fine, or 
both. 

Non-
Imprisonment for                 
cognizable. 
1 year, or fine, or 
both. 
Non-
Imprisonment for                 
cognizable. 
3 years, or fine, or 
both. 

Non-
cognizable 

Non-
Imprisonment for                 
cognizable. 
3 years, or fine, or 
both. 
Imprisonment for          
2 years, or fine, or 
both. 
Imprisonment for              
7 years, or fine, or 
both. 
Non-
Imprisonment for                  
cognizable. 
2 years, in addition to 
the punishment under 
section 351(1). 

Non-
cognizable 

216 

 
1 
352 

2 
Insult intended to provoke 
breach of the peace. 

353(1)  False statement, rumour, 

etc., circulated with intent 
to cause mutiny or offence 
against the public peace. 
353(2)  False statement, rumour, 
etc., with intent to create 
enmity, hatred or ill-will 
between different classes. 
353(3)  False statement, rumour, 

3 

4 

Imprisonment for             
2 years, or fine, or 
both. 
Imprisonment for            
3 years, or fine, or 
both. 

Non-
cognizable. 

Non-
cognizable. 

Imprisonment for              
3 years, or fine, or 
both. 

5 
Bailable. 

6 
Any Magistrate. 

Non-bailable.  Any Magistrate. 

Cognizable.  Non-bailable.  Any Magistrate. 

Imprisonment for                  
5 years and fine. 

Cognizable.  Non-bailable.  Any Magistrate. 

354 

355 

etc., made in place of 
worship, etc., with intent 
to create enmity, hatred or 
ill-will. 
Act caused by inducing a 
person to believe that he 
will be rendered an object 
of Divine displeasure. 
Appearing in a public 
place, etc., in a state of 
intoxication, and causing 
annoyance to any person. 

President or the Vice-
President or the Governor 
of a State or 
Administrator of a Union 
territory or a Minister in 
respect of his conduct in 
the discharge of his public 
functions when instituted 
upon a complaint made by 
the Public Prosecutor. 
Defamation in any other 
case. 

356(2)  Defamation against the 

Non-
Imprisonment for                 
cognizable. 
1 year, or fine, or 
both. 

Simple imprisonment 
for 24 hours, or fine 
of 1,000 rupees, or 
both or with 
community service. 
Simple imprisonment 
for 2 years, or fine or 
both, or community 
service. 

Non-
cognizable. 

Non-
cognizable. 

Bailable. 

Any Magistrate. 

Bailable. 

Any Magistrate. 

Bailable. 

Court of Session. 

Simple imprisonment 
for 2 years, or fine or 
both or community 
service. 

Non-
cognizable. 

Bailable. 

Magistrate of the 
first class. 

217 

 
 
 
 
 
 
 
 
 
 
 
4 

Non-
cognizable. 

5 
Bailable. 

6 
Court of Session. 

Non-
cognizable. 

Bailable. 

Magistrate of the 
first class. 

Non-
cognizable. 

Bailable. 

Court of Session. 

Non-
cognizable. 

Bailable. 

Magistrate of the 
first class. 

1 

2 

356(3)  Printing or engraving 

3 
Simple imprisonment 
for 2 years, or fine, or 
both. 

356(4)  Sale of printed or 

Simple imprisonment 
for 2 years, or fine, or 
both. 

Simple imprisonment 
for 2 years, or fine, or 
both. 

matter knowing it to be 
defamatory against the 
President or the                   
Vice-President or the 
Governor of a State or 
Administrator of a Union 
territory or a Minister in 
respect of his conduct in 
the discharge of his public 
functions when instituted 
upon a complaint made by 
the Public Prosecutor. 
Printing or engraving 
matter knowing it to be 
defamatory, in any other 
case. 

engraved substance 
containing defamatory 
matter, knowing it to 
contain such matter 
against the President or 
the Vice-President or the 
Governor of a State or 
Administrator of a Union 
territory or a Minister in 
respect of his conduct in 
the discharge of his public 
functions when instituted 
upon a complaint made by 
the Public Prosecutor. 
Sale of printed or 
engraved substance 
containing defamatory 
matter, knowing it to 
contain such matter in any 
other case. 
Being bound to attend on 
or supply the wants of a 
person who is helpless 
from youth, unsoundness 
of mind or disease, and 
voluntarily omitting to do 
so. 

Simple imprisonment 
for 2 years, or fine, or 
both. 

218 

357 

Bailable. 

Any Magistrate. 

Imprisonment for                        
3 months, or fine of 
5,000 rupees, or both. 

Non-
cognizable. 

 
 
 
II.--CLASSIFICATION OF OFFENCES AGAINST OTHER LAWS 

Offence 

Cognizable or 
non-cognizable. 

Bailable or non-
bailable. 

By what court triable. 

1 

2 

3 

4 

If punishable with death, 
imprisonment for life, or 
imprisonment for more than 7 years. 

Cognizable. 

Non-bailable.  Court of Session. 

If punishable with imprisonment for          
3 years and upwards but not more than 
7 years. 

Cognizable. 

Non-bailable.  Magistrate of the first class. 

If punishable with imprisonment for 
less than 3 years or with fine only. 

Non-cognizable.  Bailable. 

Any Magistrate.] 

219 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE SECOND SCHEDULE 

(See section 522) 

FORM No.1 

NOTICE FOR APPEARANCE BY THE POLICE 

[See section 35(3)] 

Serial No…….                                                                                                         Police Station……… 

To, 

................................. 

[Name of the Accused/Noticee] 

................................. 

[Last known Address] 

................................. 

[Phone No./ Email ID (if any)] 

In pursuance of sub-section (3) of section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, I 
hereby inform you that during the investigation of FIR/Case No …………………..dated…………… u/s 
………………………………… registered at Police Station ……………………………………………..., 
it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from 
you,  in  relation  to  the  present  investigation.  Hence  you  are  directed  to  appear  before  me  at 
………..........…… AM/PM on……………………... at  

Name and Designation of the Officer In charge 

Police Station. 

(Seal) 

______ 

220 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 2 

SUMMONS TO AN ACCUSED PERSON 

(See section 63) 

To..............................................(name of accused) of ..............................................(address)  

WHEREAS  your  attendance  is  necessary  to  answer  to  a  charge  of.......................................... 
.............................................(state shortly the offence charged), you are hereby required to appear in person 
(or  by  an  advocate,  before  the  (Magistrate)  of....................................................................................,  on 
the..............................................day............................................... Herein fail not.  

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

221 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 3 

WARRANT OF ARREST 

(See section 72) 

To .............................................. (name and designation of the person or persons who is or are to execute 
the warrant). 

WHEREAS 

the  offence  of 
(address) 
......................................................  (state  the  offence),  you  are  hereby  directed  to  arrest  the  said 
......................................................, and to produce him before me. Herein fail not.  

(name  of  accused)  of 

charged  with 

stands 

Dated, this.............................................. day of.............................................. , 20 ............... . 

(Seal of the Court)                                                                                                                          (Signature) 

This warrant may be endorsed as follows:— 

(See section 73) 

If 

the  said..............................................................  shall  give  bail  himself 

the  sum  of 
rupees.............................................. with one surety in the sum of rupees.............................................. (or 
two  sureties  each  in  the  sum  of  rupees..............................................)  to  attend  before  me  on 
the..............................................  day  of..............................................  and  to  continue  so  to  attend  until 
otherwise directed by me, he may be released. 

in 

Dated, this.............................................. day of.............................................. , 20 ............... . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

222 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 4 

BOND AND BAIL-BOND AFTER ARREST UNDER A WARRANT 

(See section 83) 

I, ............................................................(name), of..........................................................., being brought 
before  the  District  Magistrate  of...........................................................(or  as  the  case  may  be)  under  a 
warrant issued to compel my appearance to answer to the charge of..........................................................., 
the  Court  of.................................................................on 
do  hereby  bind  myself 
the..................................day of ...........................................................next, to answer to the said charge, and 
to continue so to attend until otherwise directed by the Court; and, in case of my making default herein, I 
bind myself to forfeit, to Government, the sum of rupees................................................. . 

to  attend 

in 

Dated, this.............................................. day of.............................................. , 20 ............... . 

(Signature) 

I  do  hereby  declare  myself 

above-named.............................................. 
of.......................................................... 
the  Court  of  on 
the.............................................. day of.............................................. next, to answer to the charge on which 
he has been arrested, and shall continue so to attend until otherwise directed by the Court; and, in case of 
his  making  default 
sum  of 
rupees............................................................. .  

surety 
that  he 

to  Government, 

I  bind  myself 

attend  before 

for 
shall 

therein, 

forfeit, 

the 

the 

to 

in 

Dated, this.............................................. day of.............................................. , 20 ............. . 

(Signature) 

———— 

223 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PROCLAMATION REQUIRING THE APPEARANCE OF A PERSON ACCUSED 

FORM No. 5 

(See section 84) 

WHEREAS  a  complaint  has  been  made  before  me  that...................................................  (name, 
description  and  address)  has  committed  (or  is  suspected  to  have  committed)  the  offence  of 
..............................................  ,  punishable  under  section..............................................  of  the  Bharatiya 
Nyaya  Sanhita,  2023,  and  it  has  been  returned  to  a  warrant  of  arrest  thereupon  issued  that  the 
said.............................................. (name) cannot be found, and whereas it has been shown to my satisfaction 
that  the  said..............................................  (name)  has  absconded  (or  is  concealing  himself  to  avoid  the 
service of the said warranty); 

Proclamation is hereby made that the said.............................................. of.............................................. 
is required to appear at.............................................. (place) before this Court (or before me) to answer the 
said complaint on the.............................................. day of.............................................. 

Dated, this.............................................. day of.............................................. , 20 ............... . 

(Seal of the Court)                                                                                                                           (Signature) 

———— 

224 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 6 

PROCLAMATION REQUIRING THE ATTENDANCE OF A WITNESS 

(See sections 84, 90 and 93) 

(or 

has 

committed 

WHEREAS complaint has been made before me that..............................................(name, description and 
of 
address) 
..............................................(mention the offence concisely) and a warrant has been issued to compel the 
attendance of..............................................(name, description and address of the witness) before this Court 
to be examined touching the matter of the said complaint; and whereas it has been returned to the said 
warrant that the said..............................................(name of witness) cannot be served, and it has been shown 
to my satisfaction that he has absconded (or is concealing himself to avoid the service of the said warrant); 

committed) 

suspected 

offence 

have 

the 

to 

is 

Proclamation  is  hereby  made  that  the  said..............................................(name)  is  required  to  appear 
at..............................................(place) 
Court..............................................on 
the........................................day  of.........................................next  at..............................................o'clock  to 
be examined touching..............................................the offence complained of. 

before 

the 

Dated, this.............................................. day of.............................................. , 20 ............... . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

225 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 7 

ORDER OF ATTACHMENT TO COMPEL THE ATTENDANCE OF A WITNESS 

(See section 85) 

To the officer in charge of the police station at..............................................  

has 

been 

WHEREAS 

a  warrant 

attendance 
duly 
of.....................................................................(name,  description  and  address)  to  testify  concerning  a 
complaint pending before this Court, and it has been returned to the said warrant that it cannot be served; 
and whereas it has been shown to my satisfaction that he has absconded (or is concealing himself to avoid 
the service of the said warrant); and thereupon a Proclamation has been or is being duly issued and published 
requiring the said..............................................to appear and give evidence at the time and place mentioned 
therein; 

compel 

issued 

the 

to 

This  is  to  authorise  and  require  you  to  attach  by  seizure  the  movable  property  belonging  to  the 
said..............................................to  the  value  of  rupees..............................................which  you  may  find 
within the District..............................................of..............................................and to hold the said property 
under attachment pending the further order of this Court, and to return this warrant with an endorsement 
certifying the manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ............... . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

226 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 8 

ORDER OF ATTACHMENT TO COMPEL THE APPEARANCE OF A PERSON ACCUSED 

(See section 85) 

To .............................................. (name and designation of the person or persons who is or are to execute 
the warrant). 

Whereas complaint has been made before me that .............................................. (name, description and 
address) has committed (or is suspected to have committed) the offence of .............................................. 
punishable under section .............................................. of the Bharatiya Nyaya Sanhita, 2023 and it has been 
returned to a warrant of arrest thereupon issued that the said .............................................. (name) cannot be 
found; and whereas it has been shown to my satisfaction that the said .............................................. (name) 
has  absconded  (or  is  concealing  himself  to  avoid  the  service  of  the  said  warrant)  and  thereupon  a 
Proclamation has been or is being duly issued and published requiring the said .............................................. 
to  appear  to  answer  the  said  charge  within  ..............................................  days;  and  whereas  the  said 
..............................................  is  possessed  of  the  following  property,  other  than  land  paying  revenue  to 
Government, 
the  District  of 
..............................................,  viz.,  ..............................................,  and  an  order  has  been  made  for  the 
attachment thereof; 

.............................................., 

the  village 

town),  of 

(or 

in 

in 

You are hereby required to attach the said property in the manner specified in clause (a), or clause (c), 
or both*, of sub-section (3) of section 85, and to hold the same under attachment pending further order of 
this Court, and to return this warrant with an endorsement certifying the manner of its execution. 

Dated, this .............................................. day of .............................................., 20 ............... . 

(Seal of the Court) 

(Signature) 

 * Strike out the one which is not applicable, depending on the nature of the property to be attached. 

227 

 
 
 
 
 
 
 
 
 
                                                      
 
FORM No. 9 

ORDER AUTHORISING AN ATTACHMENT BY THE DISTRICT MAGISTRATE OR COLLECTOR 

(See section 85) 

To the District Magistrate/Collector of the District of .............................................. 

is 

(or 

to  have 

committed 

committed) 

WHEREAS complaint has been made before me that .............................................. (name, description 
and  address)  has 
the  offence  of 
suspected 
..............................................,  punishable  under  section  ..............................................  of  the  Bharatiya 
Nyaya  Sanhita,  2023  and  it  has  been  returned  to  a  warrant  of  arrest  thereupon  issued  that  the  said 
.............................................. (name) cannot be found; and whereas it has been shown to my satisfaction 
that  the  said  ..............................................  (name)  has  absconded  (or  is  concealing  himself  to  avoid  the 
service of the said warrant) and thereupon a Proclamation has been or is being duly issued and published 
requiring  the  said  .......................................  (name)  to  appear  to  answer  the  said  charge  within 
......................................... days; and whereas the said .............................................. is possessed of certain 
land paying revenue to Government in the village (or town) of .............................................., in the District 
of ..............................................; 

You are hereby authorised and requested to cause the said land to be attached, in the manner specified 
in  clause  (a),  or  clause  (c),  or  both*,  of  sub-section  (4)  of  section  85,  and  to  be  held  under  attachment 
pending the further order of this Court, and to certify without delay what you may have done in pursuance 
of this order. 

Dated, this .............................................. day of .............................................., 20 ............... . 

(Seal of the Court)                                                                                                                          (Signature) 

 * Strike out the one which is not desired. 

228 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                      
FORM No. 10 

WARRANT IN THE FIRST INSTANCE TO BRING UP A WITNESS 

(See section 90) 

To .............................................. (name and designation of the police officer or other person or persons 
who is or are to execute the warrant). 

.............................................. 

WHEREAS complaint has been made before me that .............................................. (name and description 
of accused) of .............................................. (address) has (or is suspected to have) committed the offence 
that 
of 
..............................................  (name  and  description  of  witness)  can  give  evidence  concerning  the  said 
complaint, and whereas I have good and sufficient reason to believe that he will not attend as a witness on 
the hearing of the said complaint unless compelled to do so; 

the  offence  concisely),  and 

it  appears 

(mention 

likely 

This is to authorise and require you to arrest the said .............................................. (name of witness), 
and on the .............................................. day of .............................................. to bring him before this Court 
.............................................., to be examined touching the offence complained of. 

Dated, this .............................................. day of .............................................., 20 ............... . 

(Seal of the Court)                                                                                                                          (Signature) 

______ 

229 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 11 

WARRANT TO SEARCH AFTER INFORMATION OF A PARTICULAR OFFENCE 

(See section 96) 

To .............................................. (name and designation of the police officer or other person or persons 
who is or are to execute the warrant). 

WHEREAS information has been laid .............................................. (or complaint has been made) before 
me  of  the  commission  ..............................................  (or  suspected  commission)  of  the  offence  of 
.............................................. (mention the offence concisely), and it has been made to appear to me that the 
production of .............................................. (specify the thing clearly) is essential to the inquiry now being 
made (or about to be made) into the said offence (or suspected offence); 

This  is  to  authorise  and  require  you  to  search  for  the  said  ..............................................  (the  thing 
specified)  in the  .............................................. (describe  the  house  or  place  or part  thereof to  which  the 
search is to be confined), and, if found, to produce the same forthwith before this Court, returning this 
warrant, with an endorsement certifying what you have done under it, immediately upon its execution. 

Dated, this .............................................. day of .............................................., 20 ............... . 

(Seal of the Court)                                                                                                                           (Signature) 

______ 

230 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 12 

WARRANT TO SEARCH SUSPECTED PLACE OF DEPOSIT 

(See section 97) 

To .............................................. 

(name and designation of the police officer above the rank of a constable). 

WHEREAS information has been laid before me, and on due inquiry thereupon had, I have been led to 
believe that the .............................................. (describe the house or other place) is used as a place for the 
deposit (or sale) of stolen property (or if for either of the other purposes expressed in the section, state the 
purpose in the words of the section); 

This is to authorise and require you to enter the said house (or other place) with such assistance as shall 
be required, and to use, if necessary, reasonable force for that purpose, and to search every part of the said 
house (or other place, or if the search is to be confined to a part, specify the part clearly), and to seize and 
take possession of any property (or documents, or stamps, or seals, or coins, or obscene objects, as the case 
may  be)  (add,  when  the  case  requires  it)  and  also  of  any  instruments  and  materials  which  you  may 
reasonably believe to be kept for the manufacture of forged documents, or counterfeit stamps, or false seals, 
or counterfeit coins or counterfeit currency notes (as the case may be), and forthwith to bring before this 
Court such of the said things as may be taken possession of, returning this warrant, with an endorsement 
certifying what you have done under it, immediately upon its execution. 

Dated, this .............................................. day of .............................................., 20 ............ . 

(Seal of the Court)                                                                                                                           (Signature) 

______ 

231 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 13 

BOND TO KEEP THE PEACE 

(See sections 125 and 126) 

WHEREAS I,.............................................................. (name), inhabitant of .............................................. 
(place),  have  been  called  upon  to  enter  into  a  bond  to  keep  the  peace  for  the  term  of 
.............................................  or  until 
the  matter  of 
the  completion  of 
..............................................  now  pending  in  the  Court  of  ..............................................,  I  hereby  bind 
myself not to commit a breach of the peace, or do any act that may probably occasion a breach of the peace, 
during the said term or until the completion of the said inquiry and, in case of my making default therein, I 
hereby bind myself to forfeit, to Government, the sum of rupees .............................................. 

inquiry 

the 

in 

Dated, this .............................................. day of .............................................., 20 ............ . 

(Signature) 

______ 

232 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 14 

BOND FOR GOOD BEHAVIOUR 

(See sections 127, 128 and 129) 

Whereas I, ............................................................... (name), inhabitant of .............................................. 
(place), have been called upon to enter into a bond to be of good behaviour to Government and all the 
citizens of India for the term of .............................................. (state the period) or until the completion of 
the 
the  Court  of 
..............................................,  I  hereby  bind  myself  to  be  of  good  behaviour  to  Government  and  all  the 
citizens of India during the said term or until the completion of the said inquiry; and, in case of my making 
default therein, I hereby bind myself to forfeit to Government the sum of rupees ................... 

..............................................  now  pending 

the  matter  of 

inquiry 

in 

in 

Dated, this .............................................. day of .............................................., 20 ............... . 

(Seal of the Court)                                                                                                                         (Signature) 

 (Where a bond with sureties is to be executed, add) 

We do hereby declare ourselves sureties for the above-named ........................................ that he will be 
of good behaviour to Government and all the citizens of India during the said term or until the completion 
of the said inquiry; and, in case of his making default therein, we bind ourselves, jointly and severally, to 
forfeit to Government the sum of rupees ................................. 

Dated, this .............................................. day of .............................................., 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

______ 

233 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 15 

SUMMONS ON INFORMATION OF A PROBABLE BREACH OF THE PEACE 

To .............................................. of .............................................. 

(See section 132) 

WHEREAS it has been made to appear to me by credible information that ................................ (state the 
substance of the information), and that you are likely to commit a breach of the peace (or by which act a 
breach of the peace will probably be occasioned), you are hereby required to attend in person (or by a duly 
authorised  agent)  at 
the 
.............................................. day of .............................................. 20 ..........., at ten o'clock in the forenoon, 
to show cause why you should not be required to enter into a bond for rupees .............................................. 
[when sureties are required, add, and also to give security by the bond of one (or two, as the case may be) 
surety (or sureties) in the sum of rupees .............................................. (each if more than one)], that you 
will keep the peace for the term of .............................................. 

..............................................  on 

the  Magistrate  of 

the  office  of 

Dated, this .............................................. day of .............................................., 20 ........... . 

(Seal of the Court)                                                                                                                        (Signature) 

______ 

234 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 16 

WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY TO KEEP THE PEACE 

(See section 141) 

To the Officer in charge of the Jail at .............................................. 

WHEREAS .............................................. (name and address) appeared before me in person (or by his 
authorised agent) on the .............................................. day of .............................................. in obedience to 
a  summons  calling  upon  him  to  show  cause  why  he  should  not  enter  into  a  bond  for  rupees 
..............................................  with  one  surety  (or  a  bond  with 
in  rupees 
..............................................), that he, the said .............................................. (name) would keep the peace 
for 
the  said 
.............................................. (name) to enter into and find such security ......................................... (state 
the security ordered when it differs from that mentioned in the summons), and he has failed to comply with 
the said order; 

the  period  of  months;  and  whereas  an  order  was 

two  sureties  each 

then  made 

requiring 

This is to authorise and require you to receive the said .............................................. (name) into your 
custody,  together  with  this  warrant,  and  him  safely  to  keep  in  the  said  Jail  for  the  said  period  of 
.............................................. (term of imprisonment) unless he shall in the meantime be lawfully ordered 
to be released, and to return this warrant with an endorsement certifying the manner of its execution. 

Dated, this .............................................. day of .............................................., 20 ........... . 

(Seal of the Court)                                                                                                                        (Signature) 

______ 

235 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARRANT OF COMMITMENT ON FAILURE TO FIND SECURITY FOR GOOD BEHAVIOUR 

FORM No. 17 

To the Officer in charge of the Jail at..............................................  

(See section 141) 

WHEREAS it has been made to appear to me that .............................................. (name and description) 
has been concealing his presence within the district of .............................................. and that there is reason 
to believe that he is doing so with a view to committing a cognizable offence; 

WHEREAS evidence of the general character of..............................................(name and description) has 
been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, 
etc., as the case may be);  

or 

AND WHEREAS an order has been recorded stating the same and requiring the said (name) to furnish 
security for his good behaviour for the term of (state the period) by entering into a bond with one surety 
(or two or more sureties, as the case may be), himself for rupees.............................................. and the said 
surety 
the 
said..............................................(name) has failed to comply with the said order and for such default has 
been adjudged imprisonment for (state the term) unless the said security be sooner furnished; 

..............................................and 

sureties) 

rupees 

each 

said 

the 

(or 

of 

This  is  to  authorise  and  require  you  receive  the  said..............................................(  name)  into  your 
custody, together with this warrant and him safely to keep in the Jail, or if he is already in prison, be detained 
therein, for the said period of (term of imprisonment) unless he shall in the meantime be lawfully ordered 
to be released, and to return this warrant with an endorsement certifying the manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ........... . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

236 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 18 

WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY 

(See sections 141 and 142) 

To the Officer in charge of the Jail at..............................................(or other officer in whose custody the 
person is). 

WHEREAS..............................................(name  and  description  of  prisoner)  was  committed  to  your 
custody 
of 
dated 
..............................................20..............................................;  and  has  since  duly  given  security  under 
section .............................................. of the Bharatiya Nagarik Suraksha Sanhita, 2023. 

the.............................................. 

under  warrant 

the  Court, 

day 

of 

or 

WHEREAS..............................................(name  and  description  of  prisoner)  was  committed  to  your 
the.........................................................  day  of 
custody  under  warrant  of 
..............................................20.................; and there have appeared to me sufficient grounds for the opinion 
that he can be released without hazard to the community; 

the  Court,  dated 

This is to authorise and require you forthwith to discharge the said .............................................. (name) 

from your custody unless he is liable to be detained for some other cause. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                           (Signature) 

———— 

237 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 19 

WARRANT OF IMPRISONMENT ON FAILURE TO PAY MAINTENANCE 

(See section 144) 

To the Officer in charge of the Jail at.............................................. 

WHEREAS..............................................(name, description and address) has been proved before me to 
be  possessed  of  sufficient  means  to  maintain  his  wife  ..............................................(name)  [or  his 
child..............................................(name) or his father or mother..............................................(name), who 
is by reason of (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) 
to do so, and an order has been duly made requiring the said......................................................( name) to 
allow  to  his  said  ..............................................wife  (or  child  or  father  or  mother)  for  maintenance  the 
monthly  sum  of  rupees..............................................;  and  whereas  it  has  been  further  proved  that  the 
said..............................................(name)  in  wilful  disregard  of  the  said  order  has  failed  to  pay 
rupees.............................................., being the amount of the allowance for the month (or months) 

of..............................................; 

And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period 

of..............................................; 

This  is  to  authorise  and  require  you  receive  the  said..............................................(name)  into  your 
custody in the said Jail, together with this warrant, and there carry the said order into execution according 
to law, returning this warrant with an endorsement certifying the manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                        (Signature) 

———— 

238 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 20 

WARRANT TO ENFORCE THE PAYMENT OF MAINTENANCE BY ATTACHMENT AND SALE 

(See section 144) 

To............................................................................................................................................. .......... 

(name and designation of the police officer or other person to execute the warrant). 

(or 

WHEREAS an order has been duly made requiring..............................................(name) to allow to his 
sum  of 
said  wife 
rupees..............................................,  and  whereas  the  said..............................................(name)  in  wilful 
disregard of the said order has failed to pay rupees.............................................., being the amount of the 
allowance for the month (or months) of..............................................  

father  or  mother) 

for  maintenance 

the  monthly 

child  or 

This  is  to  authorise  and  require  you  to  attach  any  movable  property  belonging  to  the 
district 
said..............................................(name) 
of..............................................,  and  if  within..............................................(state  the  number  of  days  or 
hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable 
property attached, or so much thereof as shall be sufficient to satisfy the said sum, returning this warrant, 
with an endorsement certifying what you have done under it, immediately upon its execution. 

which  may 

within 

found 

the 

be 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                                (Signature) 

———— 

239 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 21 

ORDER FOR THE REMOVAL OF NUISANCES 

(See section 152) 

To..............................................(name, description and address). 

WHEREAS it has been made to appear to me that you have caused an obstruction (or nuisance) to persons 
using  the  public  roadway  (or  other  public  place)  which,  etc.,  (describe  the  road  or  public  place) 
........................................................... by, etc., ..............................................(state what it is that causes the 
obstruction or nuisance), and that such obstruction (or nuisance) still exists; 

or 

WHEREAS it has been made to appear to me that you are carrying on, as owner, or manager, the trade 
or occupation of ..............................................(state the particular trade or occupation and the place where 
it 
the  public  health  (or  comfort)  by 
reason..............................................(state  briefly  in  what  manner  the  injurious  effects  are  caused),  and 
should be suppressed or removed to different place; 

is  carried  on),  and 

the  same 

injurious 

that 

to 

is 

or 

WHEREAS it has been made to appear to me that you are the owner (or are in possession of or have the 
the  public  way 
control  over)  a  certain 
..............................................(describe the thoroughfare), and that the safety of the public is endangered by 
reason of the said tank (or well or excavation) being without a fence (or insecurely fenced); 

(or  well  or  excavation)  adjacent 

tank 

to 

WHEREAS , etc., etc., (as the case may be); 

or 

I do hereby direct and require you within..............................................(state the time allowed) (state 
what  is  required  to  be  done  to  abate  the  nuisance)  .............................................  or  to  appear 
at..............................................in  the  .............................................  Court  of..............................................on 
the ..............................................day of..............................................next, and to show cause why this order 
should not be enforced; 

or 

I do hereby direct and require you within..............................................(state the time allowed) to cease 
carrying on the said trade or occupation at the said place, and not again to carry on the same, or to remove 
the said trade from the place where it is now carried on, or to appear, etc.; 

or 

I do hereby direct and require you within..............................................(state the time allowed) to put up 

a sufficient fence (state the kind of fence and the part to be fenced); or to appear, etc.; 

I do hereby direct and require you, etc., etc. (as the case may be). 

or 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                            (Signature) 

———— 

240 

 
 
 
FORM No. 22 

MAGISTRATE'S NOTICE AND PEREMPTORY ORDER 

(See section 160) 

To..............................................(name, description and address). 

that 

I  HEREBY  give  you  notice 

the 
it  has  been 
...............................................................day of..................................................................................requiring 
you ..............................................(state substantially the requisition in the order) is reasonable and proper. 
Such order has been made absolute, and I hereby direct and require you to obey the said order within (state 
the time allowed), on peril of the penalty provided by the Bharatiya Nyaya Sanhita, 2023 for disobedience 
thereto. 

issued  on 

the  order 

found 

that 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                           (Signature) 

———— 

241 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 23 

INJUNCTION TO PROVIDE AGAINST IMMINENT DANGER PENDING INQUIRY 

(See section 161) 

To..............................................(name, description and address). 

WHEREAS the inquiry into the conditional order issued by me on the..............................................day 
of .............................................., 20.............................................., is pending, and it has been made to appear 
to me that the nuisance mentioned in the said order is attended with such imminent danger or injury of a 
serious kind to the public as to render necessary immediate measures to prevent such danger or injury, I do 
hereby, under the provisions of section 161 of the Bharatiya Nagarik Suraksha Sanhita, 2023, direct and 
enjoin  you  forthwith  to  ..............................................  (state  plainly  what  is  required  to  be  done  as  a 
temporary safeguard), pending the result of the inquiry. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

242 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAGISTRATE’S ORDER PROHIBITING THE REPETITION, ETC., OF A NUISANCE 

FORM No. 24 

To..............................................(name, description and address). 

(See section 162) 

WHEREAS it has been made to appear to me that, etc. ..............................................(state the proper 

recital, guided by Form No. 21 or Form No. 25, as the case may be); 

I do hereby strictly order and enjoin you not to repeat or continue, the said nuisance. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

243 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 25 

MAGISTRATE’S ORDER TO PREVENT OBSTRUCTION, RIOT, ETC. 

(See section 163) 

To..............................................(name, description and address). 

WHEREAS it has been made to appear to me that you are in possession (or have the management) of 
..............................................(describe clearly the property), and that, in digging a drain on the said land, 
you are about to throw or place a portion of the earth and stones dug-up upon the adjoining public road, so 
as to occasion risk of obstruction to persons using the road; 

or 

WHEREAS it has been made to appear to me that you and a number of other persons (mention the class 
of persons) are about to meet and proceed in a procession along the public street, etc., (as the case may be) 
and that such procession is likely to lead to a riot or an affray; 

WHEREAS, etc., etc., (as the case may be); 

or 

I do hereby order you not to place or permit to be placed any of the earth or stones dug from land on 

any part of the said road; 

I do hereby prohibit the procession passing along the said street, and strictly warn and enjoin you not 

to take any part in such procession (or as the case recited may require). 

or 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                        (Signature) 

———— 

244 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 26 

MAGISTRATE'S ORDER DECLARING PARTY ENTITLED TO RETAIN POSSESSION OF LAND, ETC., IN DISPUTE 

(See section 164) 

It appears to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, 
existed between..............................................(describe the parties by name and residence or residence only 
if  the  dispute  be  between  bodies  of  villagers)  concerning  certain..............................................(state 
concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon 
to  give  in  a  written  statement  of  their  respective  claims  as  to  the  fact  of  actual  possession  of  the  
said..............................................(the subject of dispute), and being satisfied by due inquiry had thereupon, 
without reference to the merits of the claim of either of the said parties to the legal right of possession, that 
the claim of actual possession by the said..............................................(name or names or description) is 
true; I do decide and declare that he is (or they are) in possession of the said..............................................(the 
subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly 
forbid any disturbance of his (or their) possession in the meantime. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

245 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARRANT OF ATTACHMENT IN THE CASE OF A DISPUTE AS TO THE POSSESSION OF 

FORM No. 27 

LAND, ETC. 

(See section 165) 

To the officer in charge of the police station at.............................................. 

(or, To the Collector of..............................................). 

WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace, existed 
between..............................................(describe the parties concerned by name and residence, or residence 
only  if  the  dispute  be  between  bodies  of  villagers)  concerning  certain..............................................(state 
concisely  the  subject  of  dispute)  situate  within  the  limits  of  my  jurisdiction,  and  the  said  parties  were 
thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of 
the said ..............................................(the subject of dispute), and whereas, upon due inquiry into the said 
claims, 
the 
the 
said..............................................(the subject of dispute) (or I am unable to satisfy myself as to which of the 
said parties was in possession as aforesaid); 

in  possession  of 

said  parties  was 

I  have  decided 

that  neither  of 

This  is  to  authorise  and  require  you  to  attach  the  said..............................................(the  subject  of 
dispute) by taking and keeping possession thereof, and to hold the same under attachment until the decree 
or order of a competent Court determining the rights of the parties, or the claim to possession, shall have 
been obtained, and to return this warrant with an endorsement certifying the manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

246 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 28 

MAGISTRATE'S ORDER PROHIBITING THE DOING OF ANYTHING ON LAND OR WATER 

(See section 166) 

A dispute having arisen concerning the right of use of..............................................(state concisely the 
subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed 
exclusively by..............................................(describe the person or persons), and it appears to me, on due 
inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public 
(or if by an individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout 
the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if 
the use is enjoyable only at a particular season, say, "during the last of the seasons at which the same is 
capable of being enjoyed"); 

I do order that the said..............................................(the claimant or claimants of possession) or any one 
in their  interest, shall  not  take  (or  retain)  possession of the  said land  (or  water)  to  the  exclusion  of the 
enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent 
Court adjudging him (or them) to be entitled to exclusive possession. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                        (Signature) 

———— 

247 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 29 

BOND AND BAIL-BOND ON A PRELIMINARY INQUIRY BEFORE A POLICE OFFICER 

(See section 189) 

I,..............................................(name), of.............................................., being charged with the offence 
the  Magistrate 

to  appear  before 

required 

inquiry 

of..............................................,  and  after 
of.............................................. 

or 

and after inquiry called upon to enter into my own recognizance to appear when required, do hereby 
bind  myself  to  appear  at..............................................,  in  the  Court  of.........................................,  on 
the..............................................day of..............................................next (or on such day as I may hereafter 
be required to attend) to answer further to the said charge, and in case of my making default herein. I bind 
myself to forfeit to Government, the sum of rupees..............................................; 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                           (Signature) 

for 

the 

above 

I  hereby  declare  myself  (or  we  jointly  and  severally  declare  ourselves  and  each  of  us)  surety  (or 
sureties) 
attend 
.............................................. 
at..............................................in  the  Court  of.......................................,  on  the.....................................day 
of..............................................next (or on such day as he may hereafter be required to attend), further to 
answer to the charge pending against him, and, in case of his making default therein, I hereby bind myself 
(or we hereby bind ourselves) to forfeit to Government the sum of rupees..................... 

that  he 

(name) 

shall 

said 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

248 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 30 

BOND TO PROSECUTE OR GIVE EVIDENCE 

(See section 190) 

I,..............................................(name) of ............................................. (place), do hereby bind myself to 
attend  at.....................................................................in  the  Court  of............................................................. 
at.............................................................o'clock on the..............................................................................day 
of..............................................next and then and there to prosecute (or to prosecute and give evidence) (or 
to give evidence) in the matter of a charge of..............................................against one A. B., and, in case of 
making default herein, I bind myself to forfeit to Government the sum of rupees.................. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Signature) 

———— 

249 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 31 

SPECIAL SUMMONS TO A PERSON ACCUSED OF A PETTY OFFENCE 

(See section 229) 

To, ....................................................................................................... 

(Name of the accused) 

of..............................................(address) 

is  necessary 

WHEREAS  your  attendance 

to  answer  a  charge  of  a  petty  offence 
..............................................(state shortly the offence charged), you are hereby required to appear in person 
(or  by  an  advocate)  before..............................................(Magistrate)  of..............................................on 
the..............................................day  of..............................................  20..............................................,  or  if 
you desire to plead guilty to the charge without appearing before the Magistrate, to transmit before the 
aforesaid date the plea of guilty in writing and the sum of ............................ rupees as fine, or if you desire 
to appear by an advocate and to plead guilty through such an advocate, to authorise such advocate in writing 
to make such a plea of guilty on your behalf and to pay the fine through such advocate. Herein fail not. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                            (Signature) 

(Note.—The amount of fine specified in this summons shall not exceed five thousand rupees.) 

———— 

250 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 32 

NOTICE OF COMMITMENT BY MAGISTRATE TO PUBLIC PROSECUTOR 

(See section 232) 

The  Magistrate  of..............................................hereby  gives  notice 

that  he  has  committed 
one..............................................for trial at the next Sessions; and the Magistrate hereby instructs the Public 
Prosecutor to conduct the prosecution of the said case. 

The charge against the accused is that,.............................................. etc. (state the offence as in the charge) 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

251 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 33 

CHARGES 

(See sections 234, 235 and 236) 

I. CHARGES WITH ONE-HEAD 

(1)(a) 

I,..............................................(name  and  office  of  Magistrate,  etc.),  hereby  charge 

you..............................................(name of accused person) as follows:— 

(b) On section 147.—That you, on or about the...................................................................................day 
of..............................................,  at..............................................,  waged  war  against  the  Government  of 
India and thereby committed an offence punishable under section 147 of the Bharatiya Nyaya Sanhita, 2023 
and within the cognizance of this Court. 

(c) And I hereby direct that you be tried by this Court on the said charge. 

(Signature and seal of the Magistrate) 

[To be substituted for (b)]:— 

(2)  On  section  151.—That  you,  on  or  about  the..............................................................................day 
of.............................................., at.............................................., with the intention of inducing the President 
of India [or, as the case may be, the Governor of ..............................................(name of State)] to refrain 
from  exercising  a  lawful  power  as  such  President  (or,  as  the  case  may  be,  the  Government)  assaulted 
President  (or,  as  the  case  may  be,  the  Governor),  and  thereby  committed  an  offence  punishable  under 
section 151 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. 

(3) On section 198.—That you, on or about the................................................................................day 
of.............................................., at.............................................., did (or omitted to do, as the case may be) 
............................................. 
provisions 
of..............................................Act .............................................., section.............................................., and 
known  by  you  to  be  prejudicial  to..............................................,  and  thereby  committed  an  offence 
punishable  under  section  198  of  the  Bharatiya  Nyaya  Sanhita,  2023,  and  within  the  cognizance  of  this 
Court. 

contrary 

conduct 

being 

such 

the 

to 

, 

(4)  On  section  229.—That  you,  on  or  about  the...............................................................................day 
trial  of 
of..............................................,  at.............................................., 
..............................................before.............................................., 
that 
“..............................................” which statement you either knew or believed to be false, or did not believe 
to be true, and thereby committed an offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 
2023, and within the cognizance of this Court. 

the  course  of 
in 

the 
evidence 

stated 

in 

(5) On section 105.—That you, on or about the..................................................................................day 
of..............................................,  at..............................................,  committed  culpable  homicide  not 
amounting to murder, causing the death of.............................................., and thereby committed an offence 
punishable  under  section  105  of  the  Bharatiya  Nyaya  Sanhita,  2023,  and  within  the  cognizance  of  this 
Court. 

(6)  On  section  108.—That  you,  on  or  about  the..............................................................................day 
of......................................................,  at.......................................................,  abetted  the  commission  of 
suicide by A.B., a person in a state of intoxication, and thereby committed an offence punishable under 
section 108 of the Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. 

(7) On section 117(2).—That you, on or about the...........................................................................day 
of..............................................,  at..............................................,  voluntarily  caused  grievous  hurt 

252 

 
 
to...................................,  and  thereby  committed  an  offence  punishable  under  section  117(2)  of  the 
Bharatiya Nyaya Sanhita, 2023, and within the cognizance of this Court. 

(8)  On  section  309(2).—That  you,  on  or  about  the..........................................................................day 
of.............................................., at.............................................., robbed.............................................. (state 
the  name),  and  thereby  committed  an  offence  punishable  under  section  309(2)  of  the  Bharatiya  Nyaya 
Sanhita, 2023, and within the cognizance of this Court. 

(9) On section 310(2).—That you, on or about the............................................................................day 
of.............................................., at.............................................., committed dacoity, an offence punishable 
under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of this Court. 

II. CHARGES WITH TWO OR MORE HEADS 

(1)(a)  I,..............................................(name  and  office  of  Magistrate,  etc.),  hereby  charge 

you..............................................(name of accused person) as follows:— 

(b)  On  section  179.—First—That  you,  on  or  about 

the..............................................day 
of.............................................., at.............................................., knowing a coin to be counterfeit, delivered 
the same to another person, by name, A. B., as genuine, and thereby committed an offence punishable under 
section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session.   

you, 

Secondly—That 

the...............................................................day 
about 
of.............................................., at.............................................., knowing a coin to be counterfeit attempted 
to  induce  another  person,  by  name,  A.B.,  to  receive  it  as  genuine,  and  thereby  committed  an  offence 
punishable under section 179 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court 
of Session. 

on 

or 

(c) And I hereby direct that you be tried by the said Court on the said charge. 

(Signature and seal of the Magistrate) 

[To be substituted for (b)]:— 

(2)  On  sections  103  and  105.—First—That  you,  on  or  about  the.....................................  day 
of..............................................,  at..............................................,  committed  murder  by  causing  the  death 
of..............................................,  and  thereby  committed  an  offence  punishable  under  section  103  of  the 
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. 

Secondly—That  you,  on  or  about 

the......................................day  of........................................, 
at.............................................., by causing the death of.............................................., committed culpable 
homicide not amounting to murder, and thereby committed an offence punishable under section 105 of the 
Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. 

(3)  On  sections  303(2)  and  307.—First—That  you,  on  or  about  the.....................................  day 
of................................, at......, committed theft, and thereby committed an offence punishable under section 
303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session. 

Secondly—That  you,  on  or  about  the.............................................................................................day 
of.............................................., at.............................................., committed theft, having made preparation 
for causing death to a person in order to the committing of such theft, and thereby committed an offence 
punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court 
of Session. 

Thirdly—That  you,  on  or  about  the................................................................................................day 
of.............................................., at.............................................., committed theft, having made preparation 
for causing restraint to a person in order to the effecting of your escape after the committing of such theft, 

253 

 
 
and thereby committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and 
within the cognizance of the Court of Session. 

on 

you, 

Fourthly—That 

the.................................................................day 
of.............................................., at.............................................., committed theft, having made preparation 
for causing fear of hurt to a person in order to the restraining of property taken by such theft and thereby 
committed an offence punishable under section 307 of the Bharatiya Nyaya Sanhita, 2023 and within the 
cognizance of the Court of Session. 

about 

or 

at......................................., 

(4)Alternative  charge  on  section  229.—That  you,  on  or  about  the......................................  day 
inquiry 
of......................................., 
into.............................................., 
that 
‘‘..............................................’’,  and  that  you,  on  or  about  the..............................................day  of 
trial  of, 
..............................................,  at.............................................., 
....................................... before, stated in the evidence that ‘‘..............................................’’, one of which 
statements you either knew or believed to be false, did not believe to be true, and thereby committed an 
offence punishable under section 229 of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of 
the Court of Session. 

before.............................................., 

the  course  of 

course 
stated 

evidence 

of 
in 

the 

the 

the 

in 

in 

(In cases tried by Magistrates substitute ‘‘within my cognizance’’ for ‘‘within the cognizance of the 
Court of Session’’.) 

III. CHARGES FOR THEFT AFTER PREVIOUS CONVICTION 

I,..................................................(name and office of Magistrate, etc.) hereby charge you 

..............................................(name of accused person) as follows:— 

That  you,  on  or  about 

the..............................................day  of.............................................., 
at..............................................,  committed  theft,  and  thereby  committed  an  offence  punishable  under 
section 303(2) of the Bharatiya Nyaya Sanhita, 2023 and within the cognizance of the Court of Session (or 
Magistrate, as the case may be).  

And you, the said ................................................................(name of accused), stand further charged that 
you, before the committing of the said offence, that is to say, on the...................................................... day 
of..............................................,  had  been  convicted  by  the..................................................(state  Court  by 
which conviction was had) at..............................................of an offence punishable under Chapter XVII of 
the Bharatiya Nyaya Sanhita, 2023 with imprisonment for a term of three years, that is to say, the offence 
of  house-breaking  by  night..............................................(describe  the  offence  in  the  words  used  in  the 
section under which the accused was convicted), which conviction is still in full force and effect, and that 
you are thereby liable to enhanced punishment under section 13 of the Bharatiya Nyaya Sanhita, 2023. 

And I hereby direct that you be tried, etc. 

———— 

254 

 
 
 
 
 
 
 
 
FORM No. 34 

SUMMONS TO WITNESS 

(See sections 63 and 267) 

To..............................................of.............................................. 

WHEREAS complaint has been made before me that..............................................(name of the accused) 
of 
..............................................(address)  has  (or  is  suspected  to  have)  committed  the  offence 
of..............................................(state the offence concisely with time and place), and it appears to me that 
you are likely to give material evidence or to produce any document or other thing for the prosecution. 

You  are  hereby  summoned  to  appear  before  this  Court  on  the.............................................day 
of..............................................next at ten o'clock in the forenoon, to produce such document or thing or to 
testify what you know concerning the matter of the said complaint, and not to depart thence without leave 
of the Court; and you are hereby warned that, if you shall without just excuse neglect or refuse to appear 
on the said date, a warrant will be issued to compel your attendance. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

255 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARRANT OF COMMITMENT ON A SENTENCE OF IMPRISONMENT OR 

FORM No. 35 

FINE IF PASSED BY A COURT 

(See sections 258, 271 and 278) 

To the Officer in charge of Jail at.............................................. 

WHEREAS  on  the.........................................................................day  of  ..............................................., 
..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) prisoner in case 
No.  ..............................................of  the  Calendar  for  20  .................................  ,  was  convicted  before 
me.................................................................................(name  and  official  designation)  of  the  offence 
of..............................................(mention  the  offence  or  offences  concisely)  under  section  (or  sections) 
.............................................. of the Bharatiya Nyaya Sanhita, 2023 (or of..............................................Act 
...........), and was sentenced to..............................................(state the punishment fully and distinctly). 

This is to authorise and require you to receive the said.............................................. (prisoner's name) 
into your custody in the said Jail, together with this warrant, and thereby carry the aforesaid sentence into 
execution according to law. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

256 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARRANT OF IMPRISONMENT ON FAILURE TO PAY COMPENSATION 

FORM No. 36 

To the Officer in charge of Jail at.............................................. 

(See section 273) 

WHEREAS.....................................................................................(name  and  description)  has  brought 
against..............................................(name  and  description  of  the  accused  person)  the  complaint 
that..............................................(mention it concisely) and the same has been dismissed on the ground that 
there  was  no  reasonable  ground  for  making  the  accusation  against  the  said.............................................                       
(name)  and  the  order  of  dismissal  awards  payment  by  the  said..............................................(name  of 
complainant) of the sum of rupees..............................................as compensation; and whereas the said sum 
has  not  been  paid  and  an  order  has  been  made  for  his  simple  imprisonment  in  Jail  for  the  period 
of..............................................days, unless the aforesaid sum be sooner paid; 

This is to authorise and require you to receive the said..............................................(name) into your 
custody,  together  with  this  warrant,  and  him  safely  to  keep  in  the  said  Jail  for  the  said  period  of 
.......................................................................(term  of 
section 8(6)(b) of the Bharatiya Nyaya Sanhita, 2023, unless the said sum be sooner paid, and on the receipt 
thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the manner of 
its execution. 

imprisonment),  subject 

to 

the  provisions  of                     

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

257 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR ANSWERING TO 

FORM No. 37 

To the Officer in charge of Jail at.............................................. 

CHARGE OF OFFENCE 

(See section 302) 

the 

WHEREAS 

attendance  of..............................................(name  of  prisoner) 

at  present 
confined/detained  in  the  above-mentioned  prison,  is  required  in  this  Court  to  answer  to  a  charge 
of..............................................(state  shortly 
the  purpose  of  a 
proceeding..............................................(state shortly the particulars of the proceeding). 

the  offence  charged)  or 

for 

You are hereby required to produce the said..............................................under safe and sure conduct 
before this Court at..............................................................on the.............................................................day 
of.............................................., 20......... , by..............................................A. M. there to answer to the said 
charge,  or  for  the  purpose  of  the  said  proceeding,  and  after  this  Court  has  dispensed  with  his  further 
attendance, cause him to be conveyed under safe and sure conduct back to the said prison. 

And you are further required to inform the said..............................................of the contents of this order 

and deliver to him the attached copy thereof. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

                                                                                                                                                 Countersigned. 

(Seal)                                                                                                                                              (Signature) 

———— 

258 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ORDER REQUIRING PRODUCTION IN COURT OF PERSON IN PRISON FOR GIVING EVIDENCE 

FORM No. 38 

To the Officer in charge of the Jail at............................................. 

(See section 302) 

WHEREAS  complaint  has  been  made  before  this  Court  that..............................................(name  of the 
accused) of has committed the offence of..............................................(state offence concisely with time and 
place) and it appears that..............................................(name of prisoner) at present confined/detained in 
the above-mentioned prison, is likely to give material evidence for the prosecution/defence. 

You are hereby required to produce the said..............................................under safe and sure conduct 
before this Court at..................................................................on the.........................................................day 
of..............................................,  20............,  by  A.  M.  there  to  give  evidence  in  the  matter  now  pending 
before this Court, and after this Court has dispensed with his further attendance, cause him to be conveyed 
under safe and sure conduct back to the said prison. 

And you are further required to inform the said..............................................of the contents of this order 

and deliver to him the attached copy thereof. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                               (Signature) 

                                                                                                                                           Countersigned. 

(Seal)                                                                                                                                             (Signature) 

———— 

259 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARRANT OF COMMITMENT IN CERTAIN CASES OF CONTEMPT WHEN A FINE IS IMPOSED 

FORM No. 39 

To the Officer in charge of the Jail at.............................................. 

(See section 384) 

WHEREAS at a Court held before me on this day..............................................(name and description of 

the offender) in the presence (or view) of the Court committed wilful contempt. 

And whereas for such contempt the said..............................................(name of the offender) has been 
adjudged by the Court to pay a fine of rupees.............................................., or in default to suffer simple 
imprisonment for the period of..............................................(state the number of months or days). 

This  is  to  authorise  and  require  you  to  receive  the  said..............................................(name  of  the 
offender) into your custody, together with this warrant, and him safely to keep in the said Jail for the said 
period of..............................................(term of imprisonment), unless the said fine be sooner paid; and, on 
the receipt thereof, forthwith to set him at liberty, returning this warrant with an endorsement certifying the 
manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                 (Signature) 

———— 

260 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
MAGISTRATE'S OR JUDGE'S WARRANT OF COMMITMENT OF WITNESS REFUSING TO ANSWER OR 

FORM No. 40 

TO PRODUCE DOCUMENT 

(See section 388) 

To.............................................. 

(name and designation of officer of Court) 

WHEREAS..............................................(name and description), being summoned (or brought before 
this Court) as a witness and this day required to give evidence on an inquiry into an alleged offence, refused 
to answer a certain question (or certain questions) put to him touching the said alleged offence, and duly 
recorded, or having been called upon to produce any document has refused to produce such document, 
without alleging any just excuse for such refusal, and for his refusal has been ordered to be detained in 
custody for..............................................(term of detention adjudged); 

This is to authorise and require you to take the said..............................................(name) into custody, 
and him safely to keep in your custody for the period of..............................................days, unless in the 
meantime he shall consent to be examined and to answer the questions asked of him, or to produce the 
document called for from him, and on the last of the said days, or forthwith on such consent being known, 
to bring him before this Court to be dealt with according to law, returning this warrant with an endorsement 
certifying the manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                               (Signature) 

———— 

261 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 41 

WARRANT OF COMMITMENT UNDER SENTENCE OF DEATH 

(See section 407) 

To the Officer in charge of the Jail at.............................................. 

WHEREAS  at  the  session  held  before  me  on  the...................................................................day 
of..............................................,  20..............................................,..............................................(name  of 
prisoner),  the  (1st,  2nd,  3rd,  as  the  case  may  be),  prisoner  in  case  No.  .................  of  the  Calendar  for 
20.............. at the said Session, was duly convicted of the offence of culpable homicide amounting to murder 
under section ..............................................of the Bharatiya Nyaya Sanhita, 2023, and sentenced to death, 
the..............................................Court 
subject 
of........................................................................ 

the  confirmation  of 

sentence  by 

said 

the 

to 

This is to authorise and require you to receive the said.............................................. (prisoner's name) 
into your custody in the said Jail, together with this warrant, and him there safely to keep until you shall 
receive  the  further  warrant  or  order  of  this  Court,  carrying  into  effect  the  order  of  the  said 
.......................................................................Court. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                       (Signature) 

———— 

262 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 42 

WARRANT AFTER A COMMUTATION OF A SENTENCE 

(See sections 427, 453 and 456) 

To the Officer in charge of the Jail at.............................................. 

WHEREAS  at  a  Session  held  on  the...............................................................................................day 
of..............................................,  20..........  ,  ..............................................(name  of  the  prisoner),  the  (1st, 
2nd, 3rd, as the case may be), prisoner in case No. ............ of the Calendar for 20.......... at the said Session, 
was  convicted  of  the  offence  of...........................................................................  ,  punishable  under 
section............................................................of  the  Bharatiya  Nyaya  Sanhita,  2023,  and  was  sentenced 
to.....................  and  thereupon  committed  to  your  custody;  and  whereas  by  the  order  of  the 
................................................................  Court  of  .............................................................  order  of  the 
.............................................(a duplicate of which is hereunto annexed) the punishment adjudged by the said 
sentence has been commuted to the punishment of imprisonment for life; 

This  is  to  authorise  and  require  you  safely  to  keep  the  said..............................................(prisoner’s 
name) in your custody in the said Jail, as by law is required, until he shall be delivered over by you to the 
proper authority and custody for the purpose of his undergoing the punishment of imprisonment for life 
under the said order,  

if the mitigated sentence is one of imprisonment, say, after the words “custody in the said Jail”, “and 

there to carry into execution the punishment of imprisonment under the said order according to law”. 

or 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                   (Signature) 

———— 

263 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 43 

WARRANT OF EXECUTION OF A SENTENCE OF DEATH 

(See sections 453 and 454) 

To the Officer in charge of the Jail at.............................................. 

WHEREAS..............................................(name of the prisoner), the (1st, 2nd, 3rd, as the case may be) 
prisoner  in  case  No.  ............  of  the  Calendar  for  20............  at  the  Session  held  before  me  on 
the..............................................day of .............................................., 20 .............. ,has been by a warrant of 
the Court, dated the.................... day of .............................................. , committed to your custody under 
sentence  of  death; 
..............................................  and  whereas  the  order  of  the  High  Court  at 
..............................................confirming the said sentence has been received by this Court. 

This  is  to  authorise  and  require  you  to  carry  the  said  sentence  into  execution  by  causing  the 
said..............................................to 
dead, 
at..............................................(time and place of execution), and to return this warrant to the Court with an 
endorsement certifying that the sentence has been executed. 

hanged 

neck 

until 

the 

by 

be 

he 

be 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

264 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 44 

WARRANT TO LEVY A FINE BY ATTACHMENT AND SALE 

(See section 461) 

To.............................................. 

(name and designation of the police officer or other person or persons who is or are to execute the 

warrant). 

WHEREAS..............................................(name  and  description  of 

the  offender)  was  on 
the..............................................day of.............................................., 20......... , convicted before me of the 
offence  of..............................................(mention  the  offence  concisely),  and  sentenced  to  pay  a  fine  of 
rupees..............................................;  and  whereas  the  said..............................................(name),  although 
required to pay the said fine, has not paid the same or any part thereof; 

This  is  to  authorise  and  require  you  to  attach  any  movable  property  belonging  to  the  said 
...................................................................................(name),  which  may  be  found  within  the  district 
of..............................................;  and,  if  within..............................................(state  the  number  of  days  or 
hours allowed) next after such attachment the said sum shall not be paid (or forthwith), to sell the movable 
property attached, or so much thereof as shall be sufficient to satisfy the said fine, returning this warrant, 
with an endorsement certifying what you have done under it, immediately upon its execution. 

Dated, this.............................................. day of.............................................. , 20 ............. . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

265 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 45 

WARRANT FOR RECOVERY OF FINE 

(See section 461) 

To the Collector of the district of.............................................. 

WHEREAS..............................................  (name,  address  and  description  of  the  offender)  was  on 
the..............................................day of.............................................., 20.......... , convicted before me of the 
offence  of..............................................(mention  the  offence  concisely),  and  sentenced  to  pay  a  fine  of 
rupees..............................................; and 

WHEREAS the said..............................................(name), although require to pay the said fine, has not 

paid the same or any part of thereof; 

You are hereby authorised and requested to realise the amount of the said fine as arrears of land revenue 
from the movable or immovable property, or both, of the said..............................................(name) and to 
certify without delay what you have done in pursuance of this order. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                      (Signature) 

———— 

266 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 46 

BOND FOR APPEARANCE OF OFFENDER RELEASED PENDING REALISATION OF FINE 

[See section 464 (1) (b)] 

WHEREAS  I,..............................................(name)  inhabitant  of..............................................(place), 
have been sentenced to pay a fine of rupees..............................................and in default of payment thereof 
to undergo imprisonment for..............................................; and whereas the Court has been pleased to order 
my  release  on  condition  of  my  executing  a  bond  for  my  appearance  on  the  following  date  (or  dates), 
namely:— 

I  hereby  bind  myself  to  appear  before  the  Court  of......................................................................... 

at.............................................. o'clock on the following date (or dates), namely:— 

and,  in  case  of  making  default  herein,  I  bind  myself  to  forfeit  to  Government  the  sum  of 

rupees.............................................. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                            (Signature) 

WHERE A BOND WITH SURETIES IS TO BE EXECUTED, ADD— 

We do hereby declare ourselves sureties for the above-named that he will appear before the Court of 

..............................................on the following date (or dates), namely:— 

And,  in  case  of  his  making  default  therein,  we  bind  ourselves  jointly  and  severally  to  forfeit  to 

Government the sum of rupees............................................... 

(Signature) 

———— 

267 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 47 

BOND AND BAIL-BOND FOR ATTENDANCE BEFORE OFFICER IN CHARGE OF POLICE STATION OR COURT 

[See sections 478, 479, 480, 481, 482(3) and 485] 

I,..............................................(name), of..............................................(place), having been arrested or 
detained without warrant by the Officer in charge of..............................................police station (or having 
been  brought  before 
the  offence 
of..............................................,  and  required  to  give  security  for  my  attendance  before  such  Officer  of 
Court on condition that I shall attend such Officer or Court on every day on which any investigation or trial 
is held with regard to such charge, and in case of my making default herein, I bind myself to forfeit to 
Government the sum of rupees............................. 

the  Court  of..............................................),  charged  with 

Dated, this.............................................. day of.............................................. , 20 ............ . 

I  hereby  declare  myself  (or  we  jointly  and  severally  declare  ourselves  and  each  of  us)  surety  (or 
sureties) for the above said..............................................(name) that he shall attend the Officer in charge 
of..............................................police station or the Court of..............................................on every day on 
which any investigation into the charge is made or any trial on such charge is held, that he shall be, and 
appear, before such Officer or Court for the purpose of such investigation or to answer the charge against 
him (as the case may be), and, in case of his making default herein, I hereby bind myself (or we, hereby 
bind ourselves) to forfeit to Government the sum of rupees............................... 

(Signature) 

Dated, this.............................................. day of.............................................. , 20 ............ . 

———— 

(Signature) 

268 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARRANT TO DISCHARGE A PERSON IMPRISONED ON FAILURE TO GIVE SECURITY 

FORM No. 48 

To the Officer in charge of the Jail at.............................................. 

(or other officer in whose custody the person is) 

(See section 487) 

WHEREAS..............................................(name  and  description  of  prisoner)  was  committed  to  your 
custody  under  warrant  of  this  Court,  dated  the..................................................................................day 
of..............................................  ,  and  has  since  with  his  surety  (or  sureties)  duly  executed  a  bond  under 
section 485 of the Bharatiya Nagarik Suraksha Sanhita, 2023; 

This is to authorise and require you forthwith to discharge the said....................................... (name) from 

your custody, unless he is liable to be detained for some other matter. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                                           (Signature) 

———— 

269 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 49 

WARRANT OF ATTACHMENT TO ENFORCE A BOND 

(See section 491) 

To the Police Officer in charge of the police station at.............................................. 

WHEREAS..............................................(name, description and address of person) has failed to appear 
on..............................................(mention  the  occasion)  pursuant  to  his  recognizance,  and  has  by  default 
forfeited  to  Government  the  sum  of  rupees..............................................(the  penalty  in  the  bond);  and 
whereas the said..............................................(name of person) has, on due notice to him, failed to pay the 
said sum or show any sufficient cause why payment should not be enforced against him; 

is 

This 

to  authorise  and 

the  said 
..............................................(name) that you may find within the district of ............................... , by seizure 
and detention, and, if the said amount be not paid within......................................... , days to sell the property 
so attached or so much of it as may be sufficient to realise the amount aforesaid, and to make return of what 
you have done under this warrant immediately upon its execution. 

to  attach  any  movable  property  of 

require  you 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

270 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 50 

NOTICE TO SURETY ON BREACH OF A BOND 

(See section 491) 

To .............................................. of .............................................. 

WHEREAS on the..............................................day of.............................................. , 20 .........................,  

should 

you became surety for..............................................(name) of..............................................(place) that 
he 
of 
..............................................and bound yourself in default thereof to forfeit the sum of rupees..................to 
Government;  and  whereas  the  said..............................................(name)  has  failed  to  appear  before  this 
Court and by reason of such default you have forfeited the aforesaid sum of rupees. 

the..............................................day 

appear 

before 

Court 

this 

on 

You are hereby required to pay the said penalty or show cause, within..............................................days 

from this date, why payment of the said sum should not be enforced against you. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

271 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 51 

NOTICE TO SURETY OF FORFEITURE OF BOND FOR GOOD BEHAVIOUR 

(See section 491) 

To.............................................. of.............................................. 

WHEREAS on the..............................................day of ............................ , 20................... , you became 
surety  by  a  bond  for..............................................(name)  of..............................................  (place)  that  he 
would be of good behaviour for the period of..............................................and bound yourself in default 
the 
rupees.................... 
thereof 
said..............................................(name) has been convicted of the offence of.............................................. 
(mention the offence concisely) committed since you became such surety, whereby your security bond has 
become forfeited;  

to  Government; 

and  whereas 

sum  of 

forfeit 

the 

to 

You  are  hereby  required  to  pay  the  said  penalty  of  rupees  ....................  or  to  show  cause  within 

.............................................. days why it should not be paid.  

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                             (Signature) 

———— 

272 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 52 

WARRANT OF ATTACHMENT AGAINST A SURETY 

(See section 491) 

To..............................................of.............................................. 

WHEREAS..............................................(name, description and address) has bound himself as surety for 
the  appearance  of  ..............................................  (mention  the  condition  of  the  bond)  and  the  said 
..............................................  (name)  has  made  default,  and  thereby  forfeited  to Government  the  sum  of 
rupees ........................ (the penalty in the bond); 

is 

This 

to  authorise  and 

the  said 
................................................................(name)  which  you  may  find  within  .............................................. 
the district of .............................................. , by seizure and detention; and, if the said amount be not paid 
within days, to sell the property so attached, or so much of it as may be sufficient to realise the amount 
aforesaid, and make return of what you have done under this warrant immediately upon its execution. 

to  attach  any  movable  property  of 

require  you 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                        (Signature) 

———— 

273 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 53 

WARRANT OF COMMITMENT OF THE SURETY OF AN ACCUSED PERSON ADMITTED TO BAIL 

To the Superintendent (or Keeper) of the Civil Jail at.............................................. 

(See section 491) 

WHEREAS..............................................(name and description of surety) has bound himself as a surety 
the 
for 
the  appearance  of..............................................  (state 
said..............................................(name) has therein made default whereby the penalty mentioned in the said 
bond has been forfeited to Government; and whereas the said..............................................(name of surety) 
has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment should not 
be enforced against him, and the same cannot be recovered by attachment and sale of his movable property, 
and  an  order  has  been  made  for  his  imprisonment  in  the  Civil  Jail  for..................................(Specify  the 
period); 

the  condition  of 

the  bond)  and 

This  is  to  authorise  and  require  you,  the  said  Superintendent  (or  Keeper)  to  receive  the 
said..............................................(name) into your custody with the warrant and to keep him safely in the 
said Jail for the said..............................................(term of imprisonment), and to return this warrant with an 
endorsement certifying the manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                         (Signature) 

———— 

274 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
NOTICE TO THE PRINCIPAL OF FORFEITURE OF BOND TO KEEP THE PEACE 

FORM No. 54 

To..............................................(name, description and address) 

(See section 491) 

WHEREAS  on  the..............................................day  of..............................................,  20................,you 
entered  into  a  bond  not  to  commit,  etc.,  ..............................................(as  in  the  bond),  and  proof  of  the 
forfeiture of the same has been given before me and duly recorded; 

You are hereby called upon to pay the said penalty of rupees.................... or to show cause before me 

within..............................................days why payment of the same should not be enforced against you. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

275 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 55 
WARRANT TO ATTACH THE PROPERTY OF THE PRINCIPAL ON BREACH OF A BOND TO KEEP 
THE PEACE 
(See section 491) 

To.............................................. 

(name and designation of police officer), at the police station of.............................................. 

WHEREAS..............................................(name 

on 
the..............................................day  of..............................................,  20........................  ,  enter  into  a  bond 
for the sum of rupees..............................................binding himself not to commit a breach of the peace, etc., 
(as in the bond), and proof of the forfeiture of the said bond has been given before me and duly recorded; 
and whereas notice has been given to the said ..............................................(name) calling upon him to show 
cause why the said sum should not be paid, and he has failed to do so or to pay the said sum; 

description) 

did, 

and 

This  is  to  authorise  and  require  you  to  attach  by  seizure  movable  property  belonging  to  the 
said..............................................(name) to the value of rupees.............. , which you may find within the 
district of.............................................., and, if the said sum be not paid within.......................................... , 
to sell the property so attached, or so much of it as may be sufficient to realise the same; and to make return 
of what you have done under this warrant immediately upon its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

276 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 56 

WARRANT OF IMPRISONMENT ON BREACH OF A BOND TO KEEP THE PEACE 

(See section 491) 

To the Superintendent (or Keeper) of the Civil Jail at.............................................. 

to  Government 

WHEREAS  proof  has  been  given  before  me  and  duly  recorded  that................................(name  and 
description) has committed a breach of the bond entered into by him to keep the peace, whereby he has 
forfeited 
the 
said..............................................(name) has failed to pay the said sum or to show cause why the said sum 
should  not  be  paid,  although  duly  called  upon  to  do  so,  and  payment  thereof  cannot  be  enforced  by 
attachment  of  his  movable  property,  and  an  order  has  been  made  for  the  imprisonment  of  the 
said..............................................(name) in the Civil Jail of the period of..............................................(term 
of imprisonment); 

rupees.................. 

and  whereas 

sum 

the 

of 

; 

This is to authorise and require you, the said Superintendent (or Keeper) of the said Civil Jail to receive 
the said..............................................(name) into your custody, together with this warrant, and to keep his 
safely  in the  said Jail for  the  said  period  of  ..............................................(term  of  imprisonment),  and to 
return this warrant with an endorsement certifying the manner of its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                          (Signature) 

———— 

277 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
WARRANT OF ATTACHMENT AND SALE ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR 

(See section 491) 

FORM No. 57 

To the Police Officer in charge of the police station at.............................................. 

WHEREAS 

......................................................................(name,  description  and  address)  did,  on 
the..............................................day of.............................................., 20.................., give security by bond in 
the  sum  of  rupees...................  for  the  good  behavior  of..............................................(name,  etc.,  of  the 
principal),  and  proof  has  been  given  before  me  and  duly  recorded  of  the  commission  by  the 
said..............................................(name)  of  the  offence  of  ..............................................whereby  the  said 
bond has been forfeited; and whereas notice has been given to the said..............................................(name) 
calling upon him to show cause why the said sum should not be paid, and he has failed to do so to pay the 
said sum; 

This  is  to  authorise  and  require  you  to  attach  by  seizure  movable  property  belonging  to  the 
said..............................................(name) to the value of rupees......................which you may find within the 
district of.............................................. , and, if the said sum be not paid within.............................................. 
, to sell the property so attached, or so much of it as may be sufficient to realise the same, and to make 
return of what you have done under this warrant immediately upon its execution. 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                                           (Signature) 

———— 

278 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
FORM No. 58 

WARRANT OF IMPRISONMENT ON FORFEITURE OF BOND FOR GOOD BEHAVIOUR 

(See section 491) 

To the Superintendent (or Keeper) of the Civil Jail at............................................. 

WHEREAS..........................................................................(name,  description  and  address)  did,  on  the 
.............................................. day of.............................................., 20.................. , give security by bond in 
the  sum  of  rupees........................for  the  good  behaviour  of...................................(name,  etc.,  of  the 
principal), and proof of the breach of the said bond has been given before me and duly recorded, whereby 
the said..............................................(name) has forfeited to Government the sum of rupees.................. , and 
whereas he has failed to pay the said sum or to show cause why the said sum should not be paid although 
duly called upon to do so, and payment thereof cannot be enforced by attachment of his movable property, 
and an order has been made for the imprisonment of the said..............................................(name) in the Civil 
Jail for the period of..............................................(term of imprisonment); 

is 

This 

to  authorise  and  require  you, 

the 
said..............................................(name)  into  your  custody,  together  with  this  warrant,  and  to  keep  him 
safely in the said Jail for the said period of..............................................(term of imprisonment), returning 
this warrant with an endorsement certifying the manner of its execution. 

the  Superintendent  (or  Keeper), 

to  receive 

Dated, this.............................................. day of.............................................. , 20 ............ . 

(Seal of the Court)                                                                                                                        (Signature) 

————— 

279 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
