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Bar News Acts League

The Code of Criminal Procedure, 1973

Act ID: 1973

The Code of Criminal Procedure, 1973

"An Act to consolidate and amend the law relating to criminal procedure. Repealed and replaced by BNSS, 2023."

Table of Contents

288 Sections

Ch. I

Preliminary

S.1Short title, extent and commencement S.2Definitions S.3Construction of references S.4Trial of offences under the Indian Penal Code and other laws S.5Saving

Ch. II

Constitution Of Criminal Courts And Offices

S.6Classes of Criminal Courts S.7Territorial divisions S.8Metropolitan areas S.9Court of Session S.10Subordination of Assistant Sessions Judges S.11Courts of Judicial Magistrates S.12Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc S.13Special Judicial Magistrates S.14Local Jurisdiction of Judicial Magistrates S.15Subordination of Judicial Magistrates S.16Courts of Metropolitan Magistrates S.17Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate S.18Special Metropolitan Magistrate S.19Subordination of Metropolitan Magistrates S.20Executive Magistrates S.21Special Executive Magistrates S.22Local jurisdiction of Executive Magistrates S.23Subordination of Executive Magistrates S.24[ Public Prosecutors. [Substituted by Act 45 of 1978, Section 8, for Section 24, w.e.f. 18.12.1978.]S.25Assistant Public Prosecutors

Ch. III

Power Of Courts

S.26Courts by which offences are triable S.27Jurisdiction in the case of juveniles S.28Sentences which High Courts and Sessions Judges may pass S.29Sentences which Magistrates may pass S.30Sentence of imprisonment in default of fine S.31Sentence in cases of conviction of several offences at one trial S.32Mode of conferring powers S.33Powers of officers appointed S.34Withdrawal of powers S.35Powers of Judges and Magistrates exercisable by their successors in-office

Ch. IV

APowers of Superior Officers of Police

S.36Powers of superior officers of police S.37Public when to assist Magistrates and police S.38Aid to person, other than police officer, executing warrant S.39Public to give information of certain offences S.40Duty of officers employed in connection with the affairs of a village to make certain report

Ch. V

Arrest Of Persons

S.41When police may arrest without warrant S.41BProcedure of arrest and duties of officer making arrest S.41CControl room at district S.41DRight of arrested person to meet an advocate of his choice during interrogation S.42Arrest on refusal to give name and residence S.43Arrest by private person and procedure on such arrest S.44Arrest by Magistrate S.45Protection of members of the Armed Forces from arrest S.46Arrest how made S.47Search of place entered by person sought to be arrested S.48Pursuit of offenders into other jurisdictions S.49No unnecessary restraint S.50Person arrested to be informed of grounds of arrest and of right to bail S.50A[ Obligation of person making arrest to inform about the arrest, etc., to a nominated person. [Inserted by Act, 2005, Section 7(w.e.f.23-6-2006).]S.51Search of arrested person S.52Power to seize offensive weapons S.53Examination of accused by medical practitioner at the request of police officer S.53A[ Examination of person accused of rape by medical practitioner. [Inserted by Act 25 of 2005, Section 9 (w.e.f. 23.6.2006).]S.54[ Examination of arrested person by medical officer. [Substituted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 8]S.54A[ Identification of person arrested [Inserted by Act 25 of 2005, Section 11 (w.e.f. 23.6.2006).]S.55Procedure when police officer deputes subordinate to arrest without warrant S.55A[ Health and safety of arrested person [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 9.]S.56Person arrested to be taken before Magistrate or officer-in-charge of police station S.57Person arrested not to be detained more than twenty-four hours S.58Police to report apprehensions S.59Discharge of person apprehended S.60Power, on escape, to pursue and re-take S.60A[ Arrest to be made strictly according to the Code [Inserted by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), Section 10.]

Ch. VI

Process To Compel Appearance

S.61Forms of summons S.62Summons how served S.63Service of summons on corporate bodies and societies S.64Service when persons summoned cannot be found S.65Procedure when service cannot be effected as before provided S.66Service on Government Servant S.67Service of summons outside local limits S.68Proof of service in such cases and when serving officer not present S.69Service of summons on witness by post S.70Form of warrant of arrest and duration S.71Power to direct security to be taken S.72Warrant to whom directed S.73Warrant may be directed to any person S.74Warrant directed to police officer S.75Notification of substance of warrant S.76Person arrested to be brought before Court without delay S.77Where warrant may be executed S.78Warrant forwarded for execution outside jurisdiction S.79Warrant directed to police officer for execution outside jurisdiction S.80Procedure of arrest of person against whom warrant issued S.81Procedure by Magistrate before whom such person arrested is brought S.82Proclamation for person absconding S.83Attachment of property of person absconding S.84Claims and objections to attachment S.85Release, sale and restoration of attached property S.86Appeal from order rejecting application for restoration of attached property S.87Issue of warrant in lieu of, or in addition to, summons S.88Power to take bond for appearance S.89Arrest on breach of bond for appearance S.90Provisions of this Chapter generally applicable to summonses and warrants of arrest

Ch. VII

Process To Compel The Production Of Things

S.91Summons to produce document or other thing S.92Procedure as to letters and telegrams S.93When search-warrant may be issued S.94Search of place suspected to contain stolen property, forged documents, etc S.95Power to declare certain publications forfeited and to issue search-warrants for the same S.96Application to High Court to set aside declaration of forfeiture S.97Search for persons wrongfully confined S.98Power to compel restoration of abducted females S.99Direction, etc. of search-warrants S.100Persons in charge of closed place to allow search S.101Disposal of things found in search beyond jurisdiction S.102Power of police officer to seize certain property S.103Magistrate may direct search in his presence S.104Power to impound document, etc., produced S.105Reciprocal arrangements regarding processes S.105ADefinitions S.105BAssistance in securing transfer of persons S.105CAssistance in relation to orders of attachment or forfeiture of property S.105DIdentifying unlawfully acquired property S.105ESeizure or attachment of property S.105FManagement of properties seized or forfeited under this Chapter S.105GNotice of forfeiture of property S.105HForfeiture of property in certain cases S.105IFine in lieu of forfeiture S.105JCertain transfers to be null and void S.105KProcedure in respect of letter of request S.105LApplication of this Chapter

Ch. VIII

Security For Keeping The Peace And For Good Behaviour

S.106Security for keeping the peace on conviction S.107Security for keeping the peace in other cases S.108Security for good behaviour from persons disseminating seditious matters S.109Security for good behaviour from suspected persons S.110Security for good behaviour from habitual offenders S.111Order to be made S.112Procedure in respect of person present in Court S.113Summons or warrant in case of person not so present S.114Copy of order to accompany summons or warrant S.115Power to dispense with personal attendance S.116Inquiry as to truth of information S.117Order to give security S.118Discharge of person informed against S.119Commencement of period for which security is required S.120Contents of bond S.121Power to reject sureties S.122Imprisonment in default of security S.123Power to release persons imprisoned for failing to give security S.124Security for unexpired period of bond

Ch. IX

Order For Maintenance Of Wives, Children And Parents

S.125Order for maintenance of wives, children and parents S.126Procedure S.127Alteration in allowance S.128Enforcement of order of maintenance

Ch. X

Maintenance Of Public Order And Tranquillity

S.129Dispersal of assembly by use of civil force S.130Use of armed forces to disperse assembly S.131Power of certain armed force officers to disperse assembly S.132Protection against prosecution for acts done under preceding section S.133Conditional order for removal of nuisance S.134Service or notification of order S.135Person to whom order is addressed to obey or show cause S.136Consequences of his failing to do so S.137Procedure where existence of public right is denied S.138Procedure where he appears to show cause S.139Power of Magistrate to direct local investigation and examination of an expert S.140Power of Magistrate to furnish written instructions, etc S.141Procedure on order being made absolute and consequences of disobedience S.142Injunction pending inquiry S.143Magistrate may prohibit repetition or continuance of public nuisance S.144Power to issue order in urgent cases of nuisance or apprehended danger S.145Procedure where dispute concerning land or water is likely to cause breach of peace S.146Power to attach subject of dispute and to appoint receiver S.147Dispute concerning right of use of land or water S.148Local inquiry

Ch. XI

Preventive Action Of The Police

S.149Police to prevent cognisable offences S.150Information of design to commit cognisable offences S.151Arrest to prevent the commission of cognisable offence S.152Prevention of injury to public property S.153Inspection for weights and measures

Ch. XIII

nformation To The Police And Their Powers To Investigate

S.154Information in cognisable cases S.155Information as to non-cognisable cases and investigation of such cases S.156Police Officer's power to investigate cognisable case S.157Procedure of investigation S.158Report how submitted S.159Power to hold investigation or preliminary inquiry S.160Police officer's power to require attendance of witnesses S.161Examination of witnesses by police S.162Statements to police not to be signed : Use of statements in evidence S.163No inducement to be offered S.164Recording of confessions and statements S.164A[ Medical examination of the victim of rape [Inserted by Act 25 of 2005, Section 17 (w.e.f. 23-6-2006).]S.165Search by police officer S.166When officer-in-charge of police station may require another to issue search-warrant S.166A[ Letter of request to competent authority for investigation in a country or place outside India. [Inserted by Act 10 of 1990, Section 2 (w.e.f. 19-2-1990).]S.166BLetter of request from a country or place outside India to a Court or an authority for investigation in India S.167Procedure when investigation cannot be completed in twenty-four hours S.168Report of investigation by subordinate police officer S.169Release of accused when evidence deficient S.170Cases to be sent to Magistrate when evidence is sufficient S.171Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint S.172Diary of proceedings in investigation S.173Report of police officer on completion of investigation S.174Police to enquire and report on suicide, etc S.175Power to summon persons S.176Inquiry by Magistrate into cause of death

Ch. XIII

Jurisdiction Of Criminal Courts In Inquiries And Trials

S.177Ordinary place of inquiry and trial S.178Place of inquiry or trial S.179Offence triable, where act is done or consequence ensues S.180Place of trial where act is an offence by reason of relation to other offence S.181Place of trial in case of certain offences S.182Offences committed by letters, etc S.183Offence committed on journey or voyage S.184Place of trial for offences triable together S.185Power to order cases to be tried in different sessions divisions S.186High Court to decide, the case of doubt, district where inquiry or trial shall take place S.187Power to issue summons or warrant for offence committed beyond local jurisdiction S.188Offence committed outside India S.189Receipt of evidence relating to offences committed outside India

Ch. XIV

Conditions Requisite For Initiation Of Proceedings

S.190Cognizance of offences by Magistrates S.191Transfer on application of the accused S.192Making over of cases to Magistrates S.193Cognizance of offences by Courts of Session S.194Additional and Assistant Sessions Judges to try cases made over to them S.195Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence S.196Prosecution for offences against the State and for criminal conspiracy to commit such offence S.197Prosecution of Judges and public servants S.198Prosecution for offences against marriage S.198B[ Cognizance of Offence. [Inserted by Criminal Law (Amendment) Act, 2013 ]S.199Prosecution for defamation

Ch. XV

Complaints To Magistrates

S.200Examination of complainant S.201Procedure by Magistrate not competent to take cognizance of the case S.202Postponement of issue of process S.203Dismissal of complaint

Ch. XVI

Commencement Of Proceedings Before Magistrates

S.204Issue of process S.205Magistrate may dispense with personal attendance of accused S.206Special summons in case of petty offence S.207Supply to the accused of copy of police report and other documents S.208Supply of copies of statements and document to accused in other cases triable by Court of Session S.209Commitment of case to Court of Session when offence is triable exclusively by it S.210Procedure to be followed when there is a complaint case and police investigation in respect of the same offence

Ch. XVII

The Charge

S.211Contents of charge S.212Particulars as to time, place and person S.213When manner of committing offence must be stated S.214Words in charge taken in sense of law under which offence is punishable S.215Effect of errors S.216Court may alter charge S.217Recall of witnesses when charge altered S.218Separate charges for distinct offences S.219Three offences of same kind within year may be charged together S.220Trial for more than one offence S.221Where it is doubtful what offence has been committed S.222When offence proved included in offence charged S.223What persons may be charged jointly S.224Withdrawal of remaining charges on conviction on one of several charges

Ch. XVIII

Trial Before A Court Of Session

S.225Trial to be conducted by Public Prosecutor S.226Opening case for prosecution S.227Discharge S.228Framing of charge S.229Conviction on plea of guilty S.230Date for prosecution evidence S.231Evidence for prosecution S.232Acquittal S.233Entering upon defence S.234Arguments S.235Judgment of acquittal or conviction S.236Previous conviction S.237Procedure in cases instituted under Section 199(2)

Ch. XIX

Trial Of Warrant-Cases By Magistrates

S.238Compliance with Section 207 S.239When accused shall be discharged S.240Framing of charge S.241Conviction on plea of guilty S.242Evidence for prosecution S.243Evidence for defence S.244Evidence for prosecution S.245When accused shall be discharged S.246Procedure where accused is not discharged S.247Evidence for defence S.248Acquittal or conviction S.249Absence of complainant S.250Compensation for accusation without reasonable cause

Ch. XX

Trial Of Summons-Cases By Magistrates

S.251Substance of accusation to be stated S.252Conviction on plea of guilty S.253Conviction on plea of guilty in absence of accused in petty cases S.254Procedure when not convicted S.255Acquittal or conviction S.256Non-appearance or death of complainant S.257Withdrawal of complaint S.258Power to stop proceedings in certain cases S.259Power of Court to convert summons-cases into warrant-cases

Ch. XXI

Summary Trials

S.260Power to try summarily S.261Summary trial by Magistrate of the second class S.262Procedure for summary trials S.263Record in summary trials S.264Judgment in cases tried summarily