THE CODE OF CRIMINAL PROCEDURE
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TABLE OF CONTENTS
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PART I
Preliminary
CHAPTER I
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Sections
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1. |
Extent |
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2-3. |
* * * * |
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4. |
Definitions |
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Words referring to acts |
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Words to have same meaning as in Penal Code. |
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5. |
Trial of offences under Penal Code |
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Trial of offences against other laws. |
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6. |
Classes of Criminal Courts. |
B. - Territorial Divisions
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7. |
Sessions divisions and districts. |
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Power to alter divisions and districts. |
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Existing divisions and districts maintained till altered. |
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8. |
Power to divide districts into sub-divisions& |
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existing sub-divisions maintained. |
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9. |
Court of Session. |
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10. |
District Magistrate. |
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11. |
Officers temporarily succeeding to vacancies in office of District Magistrate. |
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12. |
Subordinate Magistrates. |
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Local limits of their jurisdiction. |
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13. |
Power to put Magistrate in charge of sub-division. |
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Delegation of powers to District Magistrate. |
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14. |
Special Magistrates. |
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15. |
Benches of Magistrates. |
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Powers exercisable by Bench in absence of special direction. |
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16. |
Power to frame rules for guidance of Benches. |
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17. |
Subordination of Magistrates and Benches to District Magistrate; toSub-divisional Magistrate. |
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Subordination of Assistant Sessions Judges to Sessions Judge. |
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18-21 |
* * * * |
E.- Justices of the Peace.
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22. |
* * * * |
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23-27. |
* * * * |
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28. |
Offences under Penal Code.
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29. |
Offences under other laws. |
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29A. |
* * * * |
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29B. |
* * * * |
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30. |
Offences not punishable with death. |
B. - Sentences which may be passed by Courts of various Classes.
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31. |
Sentences which High Court and Sessions Judges may pass. |
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32. |
Sentences which Magistrates may pass. |
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33. |
Power of Magistrates to sentence to imprisonment in default of fine |
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Proviso as to certain cases. |
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34. |
Higher powers of certain Distinct Magistrates |
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34A. |
* * * * |
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35 |
Sentence in cases of conviction of several offences at one trial :, |
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Maximum term of punishment. |
C. - Ordinary and Additional Powers.
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36. |
Ordinary powers of Magistrates. |
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37. |
Additional powers conferrable on Magistrates. |
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38. |
Control of District Magistrate’s investing power |
D. - Conferment, Contnuance and Cancellation of Powers.
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39. |
Mode of conferring powers. |
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40. |
Powers of officers appointed. |
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41. |
Powers may be cancelled. |
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42. |
Public when to assist Magistrate and police. |
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43. |
Aid to person, other than police-officer, executing warrant. |
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44. |
Public to give information of certain offences. |
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45. |
Village-headmen, landholders and others bound to report certain matters. |
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Appointment of village-headmen by District Magistrate or Sub-divisional. |
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Magistrate in certain cases for purposes of this section. |
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46. |
Arrest how made. |
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Resisting endeavour to-arrest. |
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47. |
Search of place entered by person sought to be arrested. |
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48. |
Procedure where ingress not obtainable. |
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* * * * |
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49. |
Power to break open doors and windows for purposes of liberation. |
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50. |
No unnecessary restraint. |
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51. |
Search of arrested persons. |
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52. |
Mode of searching women. |
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53. |
Power to seize offensive weapons |
B. - Arrest without Warrant
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54. |
When police may arrest without warrant |
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55. |
Arrest of vagabonds. habitual robbers, etc. |
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56. |
Police-officer may depute subordinate to arrest without warrant. |
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57. |
Refusal to give name and residence. |
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58. |
Pursuit of offenders into other jurisdictions. |
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59. |
Arrest by private persons and procedure on such arrest. |
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60. |
Person arrested to be taken before officer in charge of police-station. |
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61. |
Person arrested not to be detained more than twenty-four hours. |
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62. |
Police to report apprehensions. |
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63. |
Discharge of person apprehended. |
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64. |
Offence committed in Magistrate’s presence. |
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65. |
Arrest by or in presence of Magistrate. |
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66. |
Power, on escape, to pursue and retake. |
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67. |
Provisions of sections 47. 48 and 49 to apply to arrests under section 66. |
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68. |
Form of summons |
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Summons by whom served. |
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69. |
Summons how served. |
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Signature of receipt for summons. |
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70. |
Service when person summoned cannot be found. |
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71. |
Procedure when service cannot be effected as before provided. |
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72. |
Service on servant of Government or of Railway Administration |
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73. |
Service of summons outside local limits. |
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74. |
Proof of service in such cases, and when serving officer not present. |
B. - Warrant of Arrest.
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75. |
Form of warrant of arrest. |
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Continuance of warrant of arrest. |
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76. |
Court may direct security to be taken. |
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Recognizance to be forwarded. |
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77. |
Warrants to whom directed. |
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Warrants to several persons. |
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78. |
Warrant may be directed to landholder, etc. |
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79. |
Warrant directed to police-officer. |
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80. |
Notification of substance of warrant. |
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81. |
Person arrested to be brought before Court without delay. |
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82. |
Where warrant may be executed. |
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83. |
Warrant forwarded for execution outside jurisdiction. |
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84. |
Warrant directed to police-officer for execution outside jurisdiction |
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85. |
Procedure on arrest of person against whom warrant issued. |
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86. |
Procedure by Magistrate before whom person arrested is brought. |
C. - Proclamation and Attachment.
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87. |
Proclamation for person absconding. |
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88. |
Attachment of property of person absconding. |
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89. |
Restoration of attached property. |
D. - Other Rules regarding Processes.
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90. |
Issue of warrant in lieu of. or in addition to. summons. |
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91. |
Power to take bond for appearance. |
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92. |
Arrest on breach of bond for appearance. |
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93. |
Provisions of this Chapter generally applicable to summons and |
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warrants of arrest. |
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94. |
Summons to produce document or other thing. |
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95. |
Procedure as to letters and telegrams. |
B. - Search-warrants.
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96. |
When search-warrant may be issued. |
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97. |
Power to restrict warrant. |
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98. |
Search of house suspected to contain stolen property, forged documents. etc. |
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99. |
Disposal of things found in search beyond jurisdiction. |
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99A. |
Power to declare certain publications forfeited. and to issue search- warrants for the same. |
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99B. |
Application to High Court to set aside order of forfeiture. |
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99C. |
Hearing by Special Bench. |
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99D. |
Order of Special Bench setting aside forfeiture. |
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99E. |
Evidence to prove nature or tendency of newspapers |
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99F. |
Procedure in High Court. |
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99G. |
Jurisdiction barred. |
C. - Discovery of Persons wrongfully confined.
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100. |
Search for persons wrongfully confined. |
D. - General Provisions relating to Searches
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101. |
Direction, etc., of search-warrants. |
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102. |
Persons in charge of closed place to allow search. |
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103. |
Search to be made in presences of witnesses. |
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Occupant of place searched may attend: |
E. - Miscellaneous
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104. |
Power to impound documents, etc.. produced. |
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105. |
Magistrate may direct search in his presence. |
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106. |
Security for keeping the peace on conviction. |
B. - Security for keeping the Peace in other Cases and Security for Good Behaviour
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107. |
Security for keeping the peace in other cases. . |
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Procedure of Magistrate not empowered to act tinder sub-section(I). |
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108. |
Security for good behaviour from persons disseminating seditious 36 matter. |
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109. |
Security for good behaviour from vagrants and suspected persons. |
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110. |
Security for good behaviour from habitual offenders. |
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111. |
* * * * |
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112. |
Order to be made. |
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113. |
Procedure in respect of person present in Court. |
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114. |
Summons or warrant in case of person not so present |
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115. |
Copy of order under section 112 to accompany summons or warrant. |
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116. |
Power to dispense with personal attendance. |
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117. |
Inquiry as to truth of information. |
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118. |
Order to give security |
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119. |
Discharge of person informed against. |
C. - Proceedings in all Cases subsequent to Order to furnish Security
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120. |
Commencement of period for which security is required. |
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121. |
Contents of bond. |
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122. |
Power to reject sureties. |
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123. |
Imprisonment in default of security. |
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Proceedings when to be laid before Court of Session. |
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Kind of imprisonment. |
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124. |
Power to release persons imprisoned for failing to give security. |
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125. |
Power of District Magistrate to cancel any bond for keeping the peace or good behaviour. |
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126. |
Discharge of sureties. |
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126A. |
Security for unexpired period of bond. |
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127. |
Assembly to disperse on command of Magistrate or police-officer. |
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128. |
Use of civil force to disperse. |
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129. |
Use of military force. |
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130. |
Duty of officer commanding troops required by Magistrate to disperse assembly. |
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131. |
Power of commissioned military officers to disperse assembly. |
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132. |
Protection against prosecution for acts done under this Chapter. |
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133. |
Conditional order for removal of nuisance. |
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134. |
Service or notification of order. |
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135. |
Person to whom order is addressed to obey or show cause. |
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136. |
Consequence of his failing to do so. |
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137. |
Procedure where he appears to show cause. |
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138. |
* * * * |
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139. |
* * * * |
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139A. |
Procedure where existence of public right is denied. |
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140. |
Procedure on order being made absolute 49 Consequences of disobedience to order. |
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141. |
* * * * |
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142. |
Injunction pending inquiry. |
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143. |
Magistrate may prohibit repetition or continuance of public nuisance |
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144. |
Power to issue order absolute at once in urgent cases of nuisance or apprehended danger. |
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145. |
Procedure where dispute concerning land. etc., is likely to cause breach of peace. |
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Inquiry as to possession. |
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Party in possession to retain possession until legally evicted. |
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146. |
Power to attach subject of dispute. |
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147. |
Disputes concerning rights of use of immoveable property. etc., |
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148. |
Local inquiry. |
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Order as to costs. |
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149. |
Police to prevent cognizable offences |
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150. |
Information of design to commit such offences |
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151. |
Arrest to prevent such offences |
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152. |
Prevention of injury to public property |
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153. |
Inspection of weights and measures. |
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154. |
Information in cognizable cases. |
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155. |
Information in non-cognizable cases. |
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Investigation into non-cognizable cases. |
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156. |
Investigation into cognizable cases. |
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157. |
Procedure where cognizable offence suspected |
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where local investigation dispensed. with |
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where police-officer in charge sees no sufficient ground for investigation. |
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158. |
Reports under section 157 how submitted. |
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159. |
Power to hold investigation or preliminary inquiry. |
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160. |
Police-officer’s power to require attendance of witnesses. |
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161. |
Examination of witnesses by police. |
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162. |
Statements to police not to be signed; use of such statements in evidence. |
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163. |
No inducement to be offered. |
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164. |
Power to record statements and confessions. |
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165. |
Search bypolice-officer. |
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166. |
When officer in charge of police-station may require another to make search. |
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167. |
Procedure when investigation cannot be completed in twenty-four hours. |
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168. |
Report of investigation by subordinate police-officer. |
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169. |
Release of accused when evidence deficient. |
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170. |
Case to be sent to Magistrate when evidence is sufficient. |
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171. |
Complainants and witnesses not to be required to accompany police-officer. |
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Complainants and witnesses not to be subjected to restraint. |
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Recusant complainant or witness may be forwarded in custody. |
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172. |
Diary of proceedings in investigation. |
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173. |
Report of police-officer. |
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174. |
Police to inquire and report on suicide. etc. |
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175. |
Power to summon persons. |
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176. |
Inquiry by Magistrate into cause of death. |
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Power to disinter corpses. |
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177. |
Ordinary place of inquiry and trial. |
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178. |
Power to order cases to be tried in different sessions divisions. |
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179. |
Accused triable in district where act is done. or where consequence ensues |
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180. |
Place of trial where act is offence by reason of relation to other offence. |
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181. |
Being a thug or belonging to a gang of dacoits, escape from custody, etc |
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Criminal misappropriation and criminal breach of trust. |
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Theft |
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Kidnapping and abduction. |
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182. |
Place of inquiry or trial where scene of offence is uncertain, or not in one district only, or where offence is continuing, or consists of several acts. |
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183. |
Offence committed on a journey. |
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184. |
* * * * |
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185. |
High Court to decide, in case of doubt, district where inquiry or trail shall take place. |
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186. |
Power to issue summons or warrant for offence committed beyond local jurisdiction. |
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Magistrate’s procedure on arrest. |
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187. |
Procedure where warrant issued by subordinate Magistrate. |
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188. |
Liability of the citizens of the Union for offences committed out of the Union of Myanmar. |
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189. |
Power to direct copies of depositions and exhibits to be received evidence. |
B. - Conditions requisite for Initiation of Proceedings
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190. |
Cognizance of offences by Magistrates. |
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191. |
Transfer or commitment on application of accused. |
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192. |
Transfer of cases by Magistrates. |
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193. |
Cognizance of offences by Courts of Session. |
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194. |
Cognizance of offences by High Court. |
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Information by Attorney-General. |
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195. |
Prosecution for Contempt of lawful authority of public servants. |
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Prosecution for certain offences against public justice. |
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Prosecution for certain offences relating to documents given in evidence. |
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196. |
Prosecution for offences against the State and for offences relating to elections. |
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196A. |
Prosecution for certain classes of criminal conspiracy. |
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196B. |
Preliminary inquiry in certain cases. |
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197. |
Prosecution of Judges and public servants |
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Power of President as to prosecution. |
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198. |
Prosecution for breach of contract, defamation, and offences against marriage. |
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199. |
Prosecution for adultery or enticing a married woman. |
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199A. |
Objection by lawful guardian to complaint by person other than person aggrieved. |
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200. |
Examination of complainant. |
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201. |
Procedure by Magistrate not competent to take cognizance of the case. |
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202. |
Postponement for issue of process. |
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203. |
Dismissal of complaint. |
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204. |
Issue of process. |
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205. |
Magistrate may dispense with personal attendance of accused. |
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206. |
Power to commit for trial. |
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207. |
Procedure in inquiries preparatory to commitment. |
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208. |
Taking of evidence produced. |
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Process for production of further evidence. |
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209. |
When accused person to be discharged. |
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210. |
When charge is to be framed. |
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Charge to be explained, and copy furnished, to accused. |
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211. |
List of witnesses for defence on trial |
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Further list. |
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212. |
Power of Magistrate to examine such witnesses. |
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213. |
Order of commitment. |
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214. |
* * * * |
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215. |
Quashing commitments under section 2 13. |
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216. |
Summons to witnesses for defence when accused is committed. |
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Refusal to summon unnecessary’ witness unless deposit made. |
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217. |
Bond of complainants and witnesses. |
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Detention in custody in case of refusal to attend or to execute bond. |
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218. |
Commitment when to be notified. |
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Charge. etc., to be forwarded to 1-Iulh Court or Court of Session. |
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* * * * |
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219. |
Power to summon supplementary witnesses |
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220. |
Custody of accused pending trial. |
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221. |
Charge to state offence. |
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Specific name of offence sufficient description |
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How stated when offence has no specific name. |
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What implied in charge |
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Language of charge. |
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Previous conviction when to be set out. |
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222. |
Particulars as to time, place and person. |
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223. |
When manner of committing offence must be stated. |
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224. |
Words in charge taken in sense of law under which offence is punishable. |
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225. |
Effect of errors. |
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226. |
Procedure on commitment without charge or with imperfect charge. |
|
227. |
Court may alter charge |
|
228. |
When trial may proceed immediately after alteration |
|
229. |
* * * * |
|
230. |
Stay of proceedings if prosecution of offence in altered charge requires previous sanction |
|
231. |
* * * * |
|
232. |
Effect of material error. |
Joinder of Charges
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233. |
Separate charges for distinct offences |
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234. |
Three offences of same kind within year may be charged together. |
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235. |
Trial for more than one offence. |
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Offence falling within two definitions. |
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Acts constituting one offence, but constituting when combined a different offence. |
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236. |
Where it is doubtful what offence has been committed. . |
|
237. |
When a person is charged with one offence, he can be convicted of another. |
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238. |
When offence proved included in offence charged. |
|
239. |
What persons may be charged jointly. |
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240. |
Withdrawal of remaining charges on conviction on one of several charges. |
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241. |
Procedure in summons-cases. |
|
242. |
Substance of accusation to be stated. |
|
243. |
Conviction on admission of truth of accusation. |
|
244. |
Procedure when no such admission is made. |
|
245. |
Acquittal. |
|
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Sentence. |
|
246. |
Finding not limited by complaint or summons |
|
247. |
Non-appearance of complainant. |
|
248. |
Withdrawal of complainant. |
|
249. |
Power to stop proceedings when no complainant. |
Frivolous Accusation in Sommons and Warrant Cases
|
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250. |
False, frivolous or vexatious accusations. |
|
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251. |
Procedure in warrant-cases |
|
252. |
Evidence for prosecution. |
|
253. |
Discharge of accused. |
|
254. |
Charge to be framed when offence appears proved. |
|
255. |
Plea. |
|
255A. |
Procedure in case of previous convictions. |
|
256. |
Defence. |
|
257. |
Process for compelling production of evidence at instance of accused. |
|
258. |
Acquittal. |
|
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Conviction. |
|
259. |
Absence of complainant. |
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260. |
Power to try summarily. |
|
261. |
Power to invest Bench of Magistrates invested with less power. |
|
262. |
Procedure for summons and warrant-cases applicable. |
|
|
Limit of imprisonment. |
|
263. |
Record in cases where there is no appeal. |
|
264. |
Record in appeal able cases. |
|
265. |
Language of record and judgment |
|
|
Bench may be authorized to employ clerk. |
|
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266. |
* * * * |
|
267. |
Trials before High Court to be by jury |
|
268. |
* * * * |
|
269. |
President may order trials before Court of Session to be by jury. |
|
270. |
Trial before Court of Session to be conducted by Public Prosecutor. |
B. - commencement of Proceedings
|
|
271. |
Commencement of trial. |
|
|
Plea of guilty |
|
272. |
Refusal to plead or claim to be tried. |
|
|
Trial by same jury of several offenders in succession. |
|
273. |
Entry on unsustainable charges. |
|
|
Effect of entry. |
C. - Choosing a Jury
|
|
274. |
Number of injury |
|
275. |
* * * * |
|
276. |
Jurors to he chosen by lot |
|
|
Existing practice maintained. |
|
|
persons not summoned when eligible. |
|
|
trials before special jurors. |
|
277. |
Names of jurors to be called. |
|
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Objection to jurors. |
|
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Objection without grounds stated. |
|
278. |
Grounds of objection. |
|
279. |
Decision of objection. |
|
|
Supply of place of junior against whom objection allowed. |
|
280. |
Foreman of jury. |
|
281. |
Swearing of jurors. |
|
282. |
Procedure when juror ceases to attend. etc., |
|
283. |
Discharge of jury in case of sickness of prisoner. |
D. - Choosing Assessors
|
|
284. |
* * * * |
|
284A. |
* * * * |
|
285. |
* * * * |
DD. - Joint Trials
|
|
285A. |
* * * * |
E. - Trial to close of Cases for Prosecution and Defence.
|
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286. |
Opening case for prosecution. |
|
|
Examination of witnesses. |
|
287. |
Examination of accused before Magistrate to be evidence. |
|
288. |
Evidence given at preliminary inquiry admissible. |
|
289. |
Procedure after examination of witnesses for prosecution. |
|
290. |
Defence. |
|
291. |
Right of accused as to examination and summoning of witnesses. |
|
292. |
Prosecutors right of reply. |
|
293. |
View by jury. |
|
294. |
When juror may be examined. |
|
295. |
Jury to attend at adjourned sitting. . |
|
296. |
Locking up jury. |
F. - Conclusion of Trial in Cases tried by Jury.
|
|
297. |
Charge to jury. |
|
298. |
Duty of Judge. |
|
299. |
Duty of jury. . |
|
300. |
Retirement to consider. |
|
301. |
Delivery of verdict. |
|
302. |
Procedure where jury differ |
|
303. |
Verdict to be given on each charge. |
|
|
Judge may question jury. |
|
|
Questions and answers to be recorded. |
|
304. |
Amending verdict. |
|
305. |
Verdict in High Court when to prevail. |
|
|
Discharge of jury in other cases. |
|
306. |
Verdict in Court of Session when to prevail |
|
307. |
Procedure where Sessions Judge disagrees with verdict. |
G. - Re-trial of Accused after Discharge of Jury.
|
|
308. |
Re-trial of accused after discharge of jury. |
H. - Conclustion of Trial in cases tried without a Jury.
|
|
309. |
Judgment 115 |
I. - Procedure in case of Previous Conviction.
|
|
310. |
Procedure in case of previous conviction. |
|
311. |
When evidence of previous conviction may be given. |
J. - List of Jurrors for Hight Court and Summoning Jurors for that Court.
|
|
312. |
Number of special jurors.. |
|
313. |
Lists of common and special jurors |
|
|
Discretion of officer preparing lists |
|
314. |
Publication of lists, preliminary and revised. |
|
315. |
Number of jurors to be summoned. |
|
|
Supplementary summons |
|
316. |
Summoning jurors outside the place of sitting of the High Court |
|
317. |
Military jurors. |
|
318. |
Failure of jurors to attend. |
K. - List of Jurors for Court of Session and summoning Jurors for that Court.
|
|
319. |
Liability to serve as jurors. |
|
320. |
Exemptions. |
|
321. |
List of jurors. |
|
322. |
Publication of list. |
|
323. |
Objections to list. |
|
324. |
Revision of list. |
|
|
Annual revision of list. |
|
325. |
Preparation of list of special jurors. |
|
326. |
Clerk of the court to summon jurors. |
|
327. |
Power to summon another set of jurors. |
|
328. |
Form and contents of summons. |
|
329. |
When Government or Railway servant may be excused. |
|
330. |
Court may excuse attendance of juror. |
|
|
Court may relieve special jurors from liability to serve again as jurors for twelve months. |
|
331. |
List of jurors attending. |
|
332. |
Penalty for non-attendance of juror. |
L. - Special Provisions for the High Court.
|
|
333. |
Power of Attorney-General to stay prosecution. |
|
334. |
Time of holding sittings. |
|
335. |
Place of holding sittings. |
|
|
Notice of sittings. |
|
336. |
* * * * |
|
|
337. |
Tender of pardon to accomplice. |
|
338. |
Power to direct tender of pardon. |
|
339. |
Commitment of person to whom pardon has been tendered. |
|
339A. |
Procedure in trial of person under section 339. |
|
340. |
Right of person against whom proceedings are instituted to be defended and his competency to be a witness. |
|
341. |
Procedure where accused does not understand proceedings |
|
342. |
Power to examine the accused. |
|
343. |
No influence to be used to induce disclosures. |
|
344. |
Power to postpone or adjourn proceedings. |
|
|
Remand. |
|
|
Reasonable cause for remand. |
|
345. |
Compounding offences. |
|
346. |
Procedure of Magistrate in cases which he cannot dispose of |
|
347. |
Procedure when after commencement of inquiry or trial Magistrate finds case should be committed. |
|
348. |
Trial of persons previously convicted of offences against coinage, stamp law or property. |
|
349. |
Procedure when Magistrate cannot pass sentence sufficiently severe. |
|
350. |
Conviction or commitment on evidence partly recorded by one Magistrate and partly by another. |
|
350A. |
Changes in constitution of Benches. |
|
351. |
Detention of offenders attending Court. |
|
352. |
Courts to be open. |
|
|
353. |
Evidence to be taken in presence of accused. |
|
354. |
* * * * |
|
355. |
Record in summons-cases, and in trials of certain offences by first and second class Magistrates. |
|
356. |
Record in other cases. |
|
|
* * * * |
|
357. |
* * * * |
|
358. |
Option to Magistrate in cases under section 355. |
|
359. |
Mode of recording evidence under section 356. |
|
360. |
Procedure in regard to such evidence when completed. |
|
361. |
Interpretation of evidence to accused or his pleader. |
|
362. |
* * * * |
|
363. |
Remarks respecting demeanour of witness. |
|
364. |
Examination of accused how recorded. |
|
365. |
Record of evidence in Health Court. |
|
|
366. |
Mode of delivering judgment. |
|
367. |
Language of judgment. |
|
|
Contents of judgment. |
|
|
Judgment in alternative. |
|
368. |
Sentence of death. |
|
|
Sentence of transportation |
|
369. |
Court not to alter judgment. |
|
370. |
* * * * |
|
371. |
Copy of judgment. etc.. to be given to accused on application |
|
|
Case of person sentenced to death. |
|
372. |
Judgment where to be filed. |
|
373. |
Court of Session to send copy or finding and sentence to District Magistrate. |
|
|
374. |
Sentence of death to be submitted by Court of Session. |
|
375. |
Power to direct further inquiry to be made or additional evidence to be taken. |
|
376. |
Power of High Court to confirm sentence or annul conviction. |
|
377. |
Conformation or new sentence to be signed by two Judges. |
|
378. |
Procedure in case of difference of opinion. |
|
379. |
Procedure in cases of submitted to High Court for confirmation. |
|
380. |
* * * * |
|
|
381. |
Execution of order passed under section 376. |
|
382. |
Postponement of capital sentence on pregnant woman |
|
383. |
Execution of sentences of transportation or imprisonment in other cases. |
|
384. |
Direction of warrant for execution. |
|
385. |
Warrant with whom to be lodged. |
|
386. |
Warrant for levy of fine. |
|
387. |
Effect of such warrant. |
|
388. |
Suspension of execution of sentence of imprisonment. |
|
389. |
Who may issue warrant. |
|
390. |
Execution of sentence of whipping only. |
|
391. |
Execution of sentence of whipping in addition to imprisonment. |
|
392. |
Mode of inflicting punishment. |
|
|
Limit of number of stripes |
|
393. |
Not to be executed by installments. |
|
|
Exemptions. |
|
394. |
Whipping not to be inflicted if offender not in fit state of health. |
|
|
Stay of execution. |
|
395. |
Procedure if punishment cannot be inflicted under section 394. |
|
396. |
Execution of sentences on escaped convicts. |
|
397. |
Sentence on offender already sentenced for another offence. |
|
398. |
Saving as to sections 396 and 397. |
|
399. |
* * * * |
|
400. |
Return of warrant on execution of sentence.& |
|
|
401. |
Power to suspend or remit sentences. |
|
402. |
Power to commute punishment. |
|
|
403. |
Person once convicted or acquitted not to be tried for same offence. |
|
|
404. |
Unless otherwise provided, no appeal to lie. |
|
405. |
Appeal from order rejecting application for restoration of attached property |
|
406. |
Appeal from order requiring security for keeping the peace or for good behaviour. |
|
406A. |
Appeal from order made under section 488 or 489. |
|
407. |
Appeal from sentence of Magistrate of the second or third class |
|
|
Transfer of appeals to first class Magistrates. |
|
408. |
Appeal from sentence of Assistant Sessions Judge or Magistrate of the first class. |
|
409. |
Appeals to Court of Session how heard. |
|
410. |
Appeal from sentence of Court of Session. |
|
411. |
* * * * |
|
412. |
No appeal in certain cases when accused pleads guilty. |
|
413. |
No appeal in petty cases. |
|
414. |
No appeal from certain summary convictions. |
|
415. |
Proviso to sections 4l3 and 414. |
|
415A. |
Special right of appeal in certain cases. |
|
416. |
* * * * |
|
417. |
Appeal on behalf of Government in case of acquittal. |
|
418. |
Appeal on what matters admissible. |
|
419. |
Petition of appeal. |
|
420. |
Procedure when appellant in jail |
|
421. |
Summary dismissal of appeal. |
|
422. |
Notice of appeal. |
|
423. |
Power of appellate Court in disposing of appeal. |
|
424. |
Judgments of subordinate appellate Courts. |
|
425. |
Order by High court on appeal to be certified to lower Court. |
|
426. |
Suspension of sentence pending appeal. |
|
|
Release of appellant on bail. |
|
427. |
Arrest of accused in appeal from acquittal. |
|
428. |
Appellate Court may take further evidence or direct it to be taken. |
|
429. |
Procedure where Judges of Court of Appeal are equally divided. |
|
430. |
Finality of orders on appeal. |
|
431. |
Abatement of appeals. |
|
|
432-433. |
* * * * |
|
434. |
Power to reserve questions arising in original jurisdiction of High Court. |
|
|
Procedure when question reserved. |
|
435. |
Power to call for records of inferior Courts. |
|
436. |
Power to order inquiry. |
|
437. |
Power to order commitment. |
|
438. |
* * * * |
|
439. |
High Court’s power of revision. |
|
440. |
Optional with Court to hear parties. |
|
441. |
* * * * |
|
442. |
High Court’s order to be certified to lower Court or Magistrate. |
|
|
443-449. |
* * * * |
|
450-463. |
* * * * |
|
|
464. |
Procedure in case of accused being lunatic. |
|
465. |
Procedure m ease of person committed before Court of Session or |
|
|
High court being lunatic. |
|
466. |
Release of lunatic pending investigation or trial. |
|
|
Custody of lunatic. |
|
467. |
Resumption of inquiry or trial. |
|
468. |
Procedure on accused appearing before Magistrate or Court. |
|
469. |
When accused appears to have been insane. |
|
470. |
Judgement of acquittal on ground of lunacy. |
|
471. |
Person acquitted on such ground to be detained in safe custody. |
|
|
Power of President to relieve Inspector-General of certain functions. |
|
472. |
* * * * |
|
473. |
Procedure where lunatic prisoner is reported capable of making his defence. |
|
474. |
Procedure where lunatic detained under section 466 or 471 is declared fit to be released. |
|
475. |
Delivery of lunatic to care of relative or friend. |
|
|
476. |
Procedure in cases mentioned in section 195. |
|
476A. |
Superior Court may complain where subordinate Court has omitted to do so. |
|
476B. |
Appeals. |
|
477. |
* * * * |
|
478. |
Power of civil and revenue Courts to complete inquiry and commit to High Court or Court of’ Session. |
|
479. |
Procedure of civil or revenue Court in such cases. |
|
480. |
Procedure m certain cases of contempt. |
|
481. |
Record in such cases. |
|
482. |
Procedure where Court considers that case should not be dealt with under section 480. |
|
483. |
When Registrar or Sub-Registrar to be deemed a civil Court within sections 480 and 482. |
|
484. |
Discharge of offender on submission or apology. |
|
485. |
Imprisonment or committal of person refusing to answer or produce document |
|
486. |
Appeals from convictions in contempt cases. |
|
487. |
Certain Judges and Magistrates not to try offences referred to in section 195 when committed before themselves. |
|
|
488. |
Order for maintenance of wives and children |
|
|
Enforcement of order. |
|
489. |
Alteration in allowance. |
|
490. |
Enforcement of order of maintenance. |
|
|
491. |
Power to issue directions of the nature of a habeas corpus. |
|
491A. |
* * * * |
|
|
492. |
Power to appoint public prosecutors. |
|
493. |
Public Prosecutor may plead in all Courts in cases under his charge. |
|
|
Pleaders privately instructed to he under his direction. |
|
494. |
Effect of withdrawal from prosecution. |
|
495. |
Permission to conduct prosecution. |
|
|
496. |
In what cases bail to be taken. |
|
497. |
When bail may be taken in case of non-bail able offence. |
|
498. |
Power to direct admission to bail or reduction of bail. |
|
499. |
Bond of accused and sureties. |
|
500. |
Discharge from custody. |
|
501. |
Power to order sufficient bail when that first taken is insufficient. |
|
502. |
Discharge of sureties. |
|
|
503. |
When attendance of witness may be dispensed with.
|
|
|
Issue of commission, and procedure there under. |
|
504. |
* * * * |
|
505. |
Parties may examine witnesses. |
|
506. |
Power of subordinate Magistrate to apply for issue of commission. |
|
507. |
Return of commission. |
|
508. |
Adjournment of inquiry or trial. |
|
508 A. |
Execution of foreign commissions. |
|
|
509. |
Deposition of medical witness. |
|
|
Power to summon medical witness. |
|
510. |
Report of Chemical Examiner. |
|
511. |
Previous conviction or acquittal how proved. |
|
512. |
Record of evidence in absence of accused. |
|
|
Record of evidence when offender unknown. |
|
|
513. |
Deposit instead of recognizance. |
|
514. |
Procedure on forfeiture of bond. |
|
514A. |
Procedure in case of insolvency or death of surety or when a bond is forfeited. |
|
514B. |
Bond required from a minor. |
|
515. |
Appeal from, and revision of, orders under section 514. |
|
516. |
Power to direct levy of amount due on certain recognizance. |
|
|
516A. |
Order for custody and disposal of property pending trial in certain cases. |
|
517. |
Order for disposal of property regarding which offence committed. |
|
518. |
Order may take form of reference to District or Sub-divisional Magistrate. |
|
519. |
Payment to innocent purchaser of money found on accused |
|
520. |
Stay of order under section 517.518 or 519. |
|
521. |
Destruction of libelous and other matter. |
|
522. |
Power to restore possession of immoveable property. |
|
523. |
Procedure by police upon seizure of property taken under section 51 or stolen. |
|
|
Procedure where owner of property seized unknown. |
|
524. |
Procedure where no claimant appears within six months. |
|
525. |
Power to sell perishable property. |
|
|
526. |
High Court may transfer case, or itself try it. |
|
|
Notice to Public Prosecutor of application under this section. |
|
|
* * * * |
|
526A. |
* * * * |
|
527. |
Power of President to transfer cases and appeals. |
|
528. |
Sessions Judge may withdraw cases from Assistant Sessions Judge. |
|
|
District of Sub-divisional Magistrate may withdraw or refer cases. |
|
|
Power to authorize District Magistrate to withdraw classes of cases. |
|
|
528A-528D. |
* * * * |
|
|
529. |
Irregularities which do not vitiate proceedings. |
|
530. |
Irregularities which vitiate proceedings. |
|
531. |
Proceedings in wrong place. |
|
532. |
When irregular commitments may be validated. |
|
533. |
Non-compliance with provisions of section 164 or 364. |
|
534. |
* * * * |
|
535. |
Effect of omission to prepare charge. |
|
536. |
Trial without jury of offence triable by jury. |
|
537. |
Finding or sentence when reversible by reason of error or omission in charge or other proceedings. |
|
538. |
Attachment not illegal, person making same not trespasser for defect or want of form in proceedings. |
|
|
539. |
Courts and persons before whom affidavits may be sworn. |
|
539A. |
Affidavit in proof of conduct of public servant. |
|
539B. |
Local inspection |
|
540. |
Power to summon material witness, or examine person present. |
|
540A. |
Provision for inquiries and trial being held in the absence of accused i n certain cases. |
|
541. |
Power to appoint place of imprisonment. |
|
|
Removal to criminal jail of accused or convicted persons who are in confinement in civil jail, and their return to the civil jail. |
|
542. |
* * * * |
|
543. |
Interpreter to be bound to interpret truthfully. |
|
544. |
Expenses of complainants and witnesses. |
|
545. |
Power of Court to pay expenses or compensation out of fine |
|
546. |
Payments to be taken into account in subsequent suit. |
|
546A. |
Order of payment of certain fees paid by complainant in non cognizable cases. |
|
547. |
Moneys ordered to be paid recoverable as fines |
|
548. |
Copies of proceedings. |
|
549. |
Delivery to military authorities of persons liable to be tried by Court-martial |
|
|
Apprehension of such persons. |
|
550. |
Powers to police to seize property suspected to be stolen. |
|
551. |
Powers of superior officers of police. |
|
552. |
Power to compel restoration of abducted females. |
|
553. |
* * * * |
|
554. |
Power of High Court to make rules for inspection of subordinate Courts |
|
555. |
Forms |
|
556. |
Case in which Judge or Magistrate is personally interested. |
|
557. |
Practising pleader not to sit as Magistrate in certain Courts. |
|
558. |
Power to decide language of Courts. |
|
559. |
Provison for powers of Judges and Magistrates being exercised by their successors in office |
|
560. |
Officers concerned in sales not to purchase or bid for property. |
|
561. |
Special provisions with respect to offence of rape by a husband. |
|
561A. |
Saving of inherent power of High Court. |
|
|
562. |
Power of Court to release certain convicted offenders on probation of good conduct instead of sentencing to punishment. |
|
|
Conviction and release with admonition. |
|
563. |
Provision in case of offender failing to observe conditions of his recognizance. |
|
564. |
Conditions as to abode of offender. |
Previously convicted offenders
|
|
565. |
Order for notifying address of previously convicted offender. |
|
SCHEDULE I. * * *
|
|
|
SCHEDULE IV. - ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE INVESTED. |
|