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THE CODE OF
CRIMINAL PROCEDURE |
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TABLE OF CONTENTS |
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PART
I
Preliminary
CHAPTER
I |
Sections
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1. |
Extent
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2-3. |
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* * * |
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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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* *
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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
by police-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. |
| |
|
Magistrate’s
procedure on arrest. |
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187. |
Procedure
where warrant issued by subordinate Magistrate. |
| |
188. |
Liability
of the citizens of the Union for offences committed out
of the Union of Myanmar. |
| |
189. |
Power
to direct copies of depositions and exhibits to be received
evidence. |
| B.
- Conditions requisite for Initiation of Proceedings |
| |
190. |
Cognizance
of offences by Magistrates. |
| |
191. |
Transfer
or commitment on application of accused. |
| |
192. |
Transfer
of cases by Magistrates. |
| |
193. |
Cognizance
of offences by Courts of Session. |
| |
194. |
Cognizance
of offences by High Court. |
| |
|
Information
by Attorney-General. |
| |
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. |
| |
196. |
Prosecution
for offences against the State and for offences relating
to elections. |
| |
196A. |
Prosecution
for certain classes of criminal conspiracy. |
| |
196B. |
Preliminary
inquiry in certain cases. |
| |
197. |
Prosecution
of Judges and public servants |
| |
|
Power
of President as to prosecution. |
| |
198. |
Prosecution
for breach of contract, defamation, and offences against
marriage. |
| |
199. |
Prosecution
for adultery or enticing a married woman. |
| |
199A. |
Objection
by lawful guardian to complaint by person other than person
aggrieved. |
| |
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200. |
Examination
of complainant. |
| |
201. |
Procedure
by Magistrate not competent to take cognizance of the
case. |
| |
202. |
Postponement
for issue of process. |
| |
203. |
Dismissal
of complaint. |
| |
| |
204. |
Issue
of process. |
| |
205. |
Magistrate
may dispense with personal attendance of accused. |
| |
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206. |
Power
to commit for trial. |
| |
207. |
Procedure
in inquiries preparatory to commitment. |
| |
208. |
Taking
of evidence produced. |
| |
|
Process
for production of further evidence. |
| |
209. |
When
accused person to be discharged. |
| |
210. |
When
charge is to be framed. |
| |
|
Charge
to be explained, and copy furnished, to accused. |
| |
211. |
List
of witnesses for defence on trial |
| |
|
Further
list. |
| |
212. |
Power
of Magistrate to examine such witnesses. |
| |
213. |
Order
of commitment. |
| |
214. |
* *
* * |
| |
215. |
Quashing
commitments under section 2 13. |
| |
216. |
Summons
to witnesses for defence when accused is committed. |
| |
|
Refusal
to summon unnecessary’ witness unless deposit made. |
| |
217. |
Bond
of complainants and witnesses. |
| |
|
Detention
in custody in case of refusal to attend or to execute
bond. |
| |
218. |
Commitment
when to be notified. |
| |
|
Charge.
etc., to be forwarded to 1-Iulh Court or Court of Session. |
| |
|
* *
* * |
| |
219. |
Power
to summon supplementary witnesses |
| |
220. |
Custody
of accused pending trial. |
| |
| |
221. |
Charge
to state offence. |
| |
|
Specific
name of offence sufficient description |
| |
|
How
stated when offence has no specific name. |
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