|
THE CODE OF
CRIMINAL PROCEDURE |
|
TABLE OF CONTENTS |
|
PART
I
Preliminary
CHAPTER
I |
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
|
| |
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. |
| |
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. |
| |
17. |
Subordination
of Magistrates and Benches to District Magistrate; toSub-divisional
Magistrate. |
| |
|
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.
|
| |
31. |
Sentences
which High Court and Sessions Judges may pass. |
| |
32. |
Sentences
which Magistrates may pass. |
| |
33. |
Power
of Magistrates to sentence to imprisonment in default
of fine |
| |
|
Proviso
as to certain cases. |
| |
34. |
Higher
powers of certain Distinct Magistrates |
| |
34A. |
* *
* * |
| |
35 |
Sentence
in cases of conviction of several offences at one trial
:, |
| |
|
Maximum
term of punishment. |
| C.
- Ordinary and Additional Powers. |
| |
36. |
Ordinary
powers of Magistrates. |
| |
37. |
Additional
powers conferrable on Magistrates. |
| |
38. |
Control
of District Magistrate’s investing power |
| D.
- Conferment, Contnuance and Cancellation of Powers.
|
| |
39. |
Mode
of conferring powers. |
| |
40. |
Powers
of officers appointed. |
| |
41. |
Powers
may be cancelled. |
| |
| |
42. |
Public
when to assist Magistrate and police. |
| |
43. |
Aid
to person, other than police-officer, executing warrant. |
| |
44. |
Public
to give information of certain offences. |
| |
45. |
Village-headmen,
landholders and others bound to report certain matters. |
| |
|
Appointment
of village-headmen by District Magistrate or Sub-divisional. |
| |
|
Magistrate
in certain cases for purposes of this section. |
| |
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46. |
Arrest
how made. |
| |
|
Resisting
endeavour to-arrest. |
| |
47. |
Search
of place entered by person sought to be arrested. |
| |
48. |
Procedure
where ingress not obtainable. |
| |
|
* *
* * |
| |
49. |
Power
to break open doors and windows for purposes of liberation.
|
| |
50. |
No
unnecessary restraint. |
| |
51. |
Search
of arrested persons. |
| |
52. |
Mode
of searching women. |
| |
53. |
Power
to seize offensive weapons |
| B.
- Arrest without Warrant |
| |
54. |
When
police may arrest without warrant |
| |
55. |
Arrest
of vagabonds. habitual robbers, etc. |
| |
56. |
Police-officer
may depute subordinate to arrest without warrant.
|
| |
57. |
Refusal
to give name and residence. |
| |
58. |
Pursuit
of offenders into other jurisdictions. |
| |
59. |
Arrest
by private persons and procedure on such arrest. |
| |
60. |
Person
arrested to be taken before officer in charge of
police-station. |
| |
61. |
Person
arrested not to be detained more than twenty-four hours. |
| |
62. |
Police
to report apprehensions. |
| |
63. |
Discharge
of person apprehended. |
| |
64. |
Offence
committed in Magistrate’s presence. |
| |
65. |
Arrest
by or in presence of Magistrate. |
| |
66. |
Power,
on escape, to pursue and retake. |
| |
67. |
Provisions
of sections 47. 48 and 49 to apply to arrests under section
66. |
| |
| |
68. |
Form
of summons |
| |
|
Summons
by whom served. |
| |
69. |
Summons
how served. |
| |
|
Signature
of receipt for summons. |
| |
70. |
Service
when person summoned cannot be found. |
| |
71. |
Procedure
when service cannot be effected as before provided. |
| |
72. |
Service
on servant of Government or of Railway Administration |
| |
73. |
Service
of summons outside local limits. |
| |
74. |
Proof
of service in such cases, and when serving officer not
present. |
| B.
- Warrant of Arrest. |
| |
75. |
Form
of warrant of arrest. |
| |
|
Continuance
of warrant of arrest. |
| |
76. |
Court
may direct security to be taken. |
| |
|
Recognizance
to be forwarded. |
| |
77. |
Warrants
to whom directed. |
| |
|
Warrants
to several persons. |
| |
78. |
Warrant
may be directed to landholder, etc. |
| |
79. |
Warrant
directed to police-officer. |
| |
80. |
Notification
of substance of warrant. |
| |
81. |
Person
arrested to be brought before Court without delay. |
| |
82. |
Where
warrant may be executed. |
| |
83. |
Warrant
forwarded for execution outside jurisdiction. |
| |
84. |
Warrant
directed to police-officer for execution outside jurisdiction |
| |
85. |
Procedure
on arrest of person against whom warrant issued. |
| |
86. |
Procedure
by Magistrate before whom person arrested is brought. |
| C.
- Proclamation and Attachment. |
| |
87. |
Proclamation
for person absconding. |
| |
88. |
Attachment
of property of person absconding. |
| |
89. |
Restoration
of attached property. |
| D.
- Other Rules regarding Processes. |
| |
90. |
Issue
of warrant in lieu of. or in addition to. summons. |
| |
91. |
Power
to take bond for appearance. |
| |
92. |
Arrest
on breach of bond for appearance. |
| |
93. |
Provisions
of this Chapter generally applicable to summons and |
| |
|
warrants
of arrest. |
| |
| |
94. |
Summons
to produce document or other thing. |
| |
95. |
Procedure
as to letters and telegrams. |
| B.
- Search-warrants. |
| |
96. |
When
search-warrant may be issued. |
| |
97. |
Power
to restrict warrant. |
| |
98. |
Search
of house suspected to contain stolen property, forged
documents. etc. |
| |
99. |
Disposal
of things found in search beyond jurisdiction. |
| |
99A. |
Power
to declare certain publications forfeited. and to issue
search- warrants for the same. |
| |
99B. |
Application
to High Court to set aside order of forfeiture. |
| |
99C. |
Hearing
by Special Bench. |
| |
99D. |
Order
of Special Bench setting aside forfeiture. |
| |
99E. |
Evidence
to prove nature or tendency of newspapers |
| |
99F. |
Procedure
in High Court. |
| |
99G. |
Jurisdiction
barred. |
| C.
- Discovery of Persons wrongfully confined. |
| |
100. |
Search
for persons wrongfully confined. |
| D.
- General Provisions relating to Searches |
| |
101. |
Direction,
etc., of search-warrants. |
| |
102. |
Persons
in charge of closed place to allow search. |
| |
103. |
Search
to be made in presences of witnesses. |
| |
|
Occupant
of place searched may attend: |
| E.
- Miscellaneous |
| |
104. |
Power
to impound documents, etc.. produced. |
| |
105. |
Magistrate
may direct search in his presence. |
| |
| |
106. |
Security
for keeping the peace on conviction. |
| B.
- Security for keeping the Peace in other Cases and
Security for Good Behaviour |
| |
107. |
Security
for keeping the peace in other cases. . |
| |
|
Procedure
of Magistrate not empowered to act tinder sub-section(I). |
| |
108. |
Security
for good behaviour from persons disseminating seditious
36 matter. |
| |
109. |
Security
for good behaviour from vagrants and suspected persons. |
| |
110. |
Security
for good behaviour from habitual offenders. |
| |
111. |
*
* * * |
| |
112. |
Order
to be made. |
| |
113. |
Procedure
in respect of person present in Court. |
| |
114. |
Summons
or warrant in case of person not so present |
| |
115. |
Copy
of order under section 112 to accompany summons or warrant. |
| |
116. |
Power
to dispense with personal attendance. |
| |
117. |
Inquiry
as to truth of information.
|
| |
118. |
Order
to give security |
| |
119. |
Discharge
of person informed against. |
| C.
- Proceedings in all Cases subsequent to Order to furnish
Security |
| |
120. |
Commencement
of period for which security is required. |
| |
121. |
Contents
of bond. |
| |
122. |
Power
to reject sureties. |
| |
123. |
Imprisonment
in default of security. |
| |
|
Proceedings
when to be laid before Court of Session. |
| |
|
Kind
of imprisonment. |
| |
124. |
Power
to release persons imprisoned for failing to give security. |
| |
125. |
Power
of District Magistrate to cancel any bond for keeping
the peace or good behaviour. |
| |
126. |
Discharge
of sureties. |
| |
126A. |
Security
for unexpired period of bond. |
| |
| |
127. |
Assembly
to disperse on command of Magistrate or police-officer. |
| |
128. |
Use
of civil force to disperse. |
| |
129. |
Use
of military force. |
| |
130. |
Duty
of officer commanding troops required by Magistrate to
disperse assembly. |
| |
131. |
Power
of commissioned military officers to disperse assembly. |
| |
132. |
Protection
against prosecution for acts done under this Chapter. |
| |
| |
133. |
Conditional
order for removal of nuisance. |
| |
134. |
Service
or notification of order. |
| |
135. |
Person
to whom order is addressed to obey or show cause. |
| |
136. |
Consequence
of his failing to do so. |
| |
137. |
Procedure
where he appears to show cause. |
| |
138. |
* *
* *
|
| |
139. |
* *
* * |
| |
139A. |
Procedure
where existence of public right is denied. |
| |
140. |
Procedure
on order being made absolute 49 Consequences of disobedience
to order. |
| |
141. |
* *
* * |
| |
142. |
Injunction
pending inquiry. |
| |
143. |
Magistrate
may prohibit repetition or continuance of public nuisance
|
| |
| |
144. |
Power
to issue order absolute at once in urgent cases of nuisance
or apprehended danger. |
| |
| |
145. |
Procedure
where dispute concerning land. etc., is likely to cause
breach of peace. |
| |
|
Inquiry
as to possession. |
| |
|
Party
in possession to retain possession until legally evicted. |
| |
146. |
Power
to attach subject of dispute. |
| |
147. |
Disputes
concerning rights of use of immoveable property. etc., |
| |
148. |
Local
inquiry. |
| |
|
Order
as to costs. |
| |
| |
149. |
Police
to prevent cognizable offences |
| |
150. |
Information
of design to commit such offences |
| |
151. |
Arrest
to prevent such offences |
| |
152. |
Prevention
of injury to public property |
| |
153. |
Inspection
of weights and measures. |
| |
| |
154. |
Information
in cognizable cases. |
| |
155. |
Information
in non-cognizable cases. |
| |
|
Investigation
into non-cognizable cases. |
| |
156. |
Investigation
into cognizable cases. |
| |
157. |
Procedure
where cognizable offence suspected ─ |
| |
|
where
local investigation dispensed. with |
| |
|
where
police-officer in charge sees no sufficient ground for
investigation. |
| |
158. |
Reports
under section 157 how submitted. |
| |
159. |
Power
to hold investigation or preliminary inquiry. |
| |
160. |
Police-officer’s
power to require attendance of witnesses. |
| |
161. |
Examination
of witnesses by police. |
| |
162. |
Statements
to police not to be signed; use of such statements in
evidence. |
| |
163. |
No
inducement to be offered. |
| |
164. |
Power
to record statements and confessions. |
| |
165. |
Search
by police-officer. |
| |
166. |
When
officer in charge of police-station may require another
to make search.
|
| |
167. |
Procedure
when investigation cannot be completed in twenty-four
hours. |
| |
168. |
Report
of investigation by subordinate police-officer.
|
| |
169. |
Release
of accused when evidence deficient.
|
| |
170. |
Case
to be sent to Magistrate when evidence is sufficient.
|
| |
171. |
Complainants
and witnesses not to be required to accompany police-officer.
|
| |
|
Complainants
and witnesses not to be subjected to restraint. |
| |
|
Recusant
complainant or witness may be forwarded in custody. |
| |
172. |
Diary
of proceedings in investigation.
|
| |
173. |
Report
of police-officer.
|
| |
174. |
Police
to inquire and report on suicide. etc. |
| |
175. |
Power
to summon persons.
|
| |
176. |
Inquiry
by Magistrate into cause of death. |
| |
|
Power
to disinter corpses. |
| |
| |
177. |
Ordinary
place of inquiry and trial. |
| |
178. |
Power
to order cases to be tried in different sessions divisions.
|
| |
179. |
Accused
triable in district where act is done. or where consequence
ensues
|
| |
180. |
Place
of trial where act is offence by reason of relation to
other offence. |
| |
181. |
Being
a thug or belonging to a gang of dacoits, escape from
custody, etc |
| |
|
Criminal
misappropriation and criminal breach of trust. |
| |
|
Theft |
| |
|
Kidnapping
and abduction. |
| |
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. |
| |
183. |
Offence
committed on a journey. |
| |
184. |
* *
* * |
| |
185. |
High
Court to decide, in case of doubt, district where inquiry
or trail shall take place. |
| |
186. |
Power
to issue summons or warrant for offence committed beyond
local jurisdiction. |
| |
|
Magistrate’s
procedure on arrest. |
| |
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. |
| |
|
Prosecution
for certain offences against public justice. |
| |
|
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. |
| |
| |
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. |
| |
| |
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. |
| |
|
What
implied in charge |
| |
|
Language
of charge. |
| |
|
Previous
conviction when to be set out. |
| |
222. |
Particulars
as to time, place and person. |
| |
223. |
When
manner of committing offence must be stated. |
| |
224. |
Words
in charge taken in sense of law under which offence is
punishable. |
| |
225. |
Effect
of errors. |
| |
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 |
| |
233. |
Separate
charges for distinct offences |
| |
234. |
Three
offences of same kind within year may be charged together. |
| |
235. |
Trial
for more than one offence. |
| |
|
Offence
falling within two definitions. |
| |
|
Acts
constituting one offence, but constituting when combined
a different offence. |
| |
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. |
| |
238. |
When
offence proved included in offence charged. |
| |
239. |
What
persons may be charged jointly. |
| |
240. |
Withdrawal
of remaining charges on conviction on one of several charges. |
| |
| |
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. |
| |
|
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 |
| |
250. |
False,
frivolous or vexatious accusations. |
| |
| |
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. |
| |
|
Conviction. |
| |
259. |
Absence
of complainant. |
| |
| |
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. |
| |
| |
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. |
| |
|
Objection
to jurors. |
| |
|
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. |
| |
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. |
| |
