THE CODE OF CRIMINAL PROCEDURE, 1973
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Construction of references.
4. Trial of offences under the Indian Penal Code and other laws.
5. Saving.
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Classes of Criminal Courts.
7. Territorial divisions.
8. Metropolitan areas.
9. Court of Session.
10. Subordination of Assistant Sessions Judges.
11. Courts of Judicial Magistrates.
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
13. Special Judicial Magistrates.
14. Local jurisdiction of Judicial Magistrates.
15. Subordination of Judicial Magistrates.
16. Courts of Metropolitan Magistrates.
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.
18. Special Metropolitan Magistrates.
19. Subordination of Metropolitan Magistrates.
20. Executive Magistrates.
21. Special Executive Magistrates.
22. Local Jurisdiction of Executive Magistrates.
23. Subordination of Executive Magistrates.
24. Public Prosecutors.
25. Assistant Public Prosecutors.
25A. Directorate of Prosecution.
CHAPTER III
POWER OF COURTS
26. Courts by which offences are triable.
27. Jurisdiction in the case of juveniles.
1
,SECTIONS
28. Sentences which High Courts and Sessions Judges may pass.
29. Sentences which Magistrates may pass.
30. Sentence of imprisonment in default of fine.
31. Sentence in cases of conviction of several offences at one trial.
32. Mode of conferring powers.
33. Powers of officers appointed.
34. Withdrawal of powers.
35. Powers of Judges and Magistrates exercisable by their successors-in-office.
CHAPTER IV
A.–POWERS OF SUPERIOR OFFICERS OF POLICE
36. Powers of superior officers of police.
B.–AID TO THE MAGISTRATES AND THE POLICE
37. Public when to assist Magistrates and police.
38. Aid to person, other than police officer, executing warrant.
39. Public to give information of certain offences.
40. Duty of officers employed, in connection with the affairs of a village to make certain report.
CHAPTER V
ARREST OF PERSONS
41. When police may arrest without warrant.
41A. Notice of appearance before police officer.
41B. Procedure of arrest and duties of officer making arrest.
41C. Control room at districts.
41D. Right of arrested person to meet an advocate of his choice during interrogation.
42. Arrest on refusal to give name and residence.
43. Arrest by private person and procedure on such arrest.
44. Arrest by Magistrate.
45. Protection of members of the Armed Forces from arrest.
46. Arrest how made.
47. Search of place entered by person sought to be arrested.
48. Pursuit of offenders into other jurisdictions.
49. No unnecessary restraint.
50. Person arrested to be informed of grounds of arrest and of right to bail.
50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.
51. Search of arrested person.
2
,SECTIONS
52. Power to seize offensive weapons.
53. Examination of accused by medical practitioner at the request of police officer.
53A. Examination of person accused of rape by medical practitioner.
54. Examination of arrested person by medical officer.
54A. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest without warrant.
55A. Health and safety of arrested person.
56. Person arrested to be taken before Magistrate or officer in charge of police station.
57. Person arrested not to be detained more than twenty-four hours.
58. Police to report apprehensions.
59. Discharge of person apprehended.
60. Power, on escape, to pursue and retake.
60A. Arrest to be made strictly according to the Code.
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.–Summons
61. Form of summons.
62. Summons how served.
63. Service of summons on corporate bodies and societies.
64. Service when persons summoned cannot be found.
65. Procedure when service cannot be effected as before provided.
66. Service on Government servant.
67. Service of summons outside local limits.
68. Proof of service in such cases and when serving officer not present.
69. Service of summons on witness by post.
B.–Warrant of arrest
70. Form of warrant of arrest and duration.
71. Power to direct security to be taken.
72. Warrants to whom directed.
73. Warrant may be directed to any person.
74. Warrant directed to police officer.
75. Notification of substance of warrant.
76. Person arrested to be brought before Court without delay.
77. Where warrant may be executed.
78. Warrant forwarded for execution outside jurisdiction.
79. Warrant directed to police officer for execution outside jurisdiction.
80. Procedure on arrest of person against whom warrant issued.
3
, SECTIONS
81. Procedure by Magistrate before whom such person arrested is brought
C.–Proclamation and attachment
82. Proclamation for person absconding.
83. Attachment of property of person absconding.
84. Claims and objections to attachment.
85. Release, sale and restoration of attached property.
86. Appeal from order rejecting application for restoration of attached property.
D.–Other rules regarding processes
87. Issue of warrant in lieu of, or in addition to, summons.
88. Power to take bond for appearance.
89. Arrest on breach of bond for appearance.
90. Provisions of this Chapter generally applicable to summonses and warrants of arrest.
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.–Summons to produce
91. Summons to produce document or other thing.
92. Procedure as to letters and telegrams.
B.–Search-warrants
93. When search-warrant may be issued.
94. Search of place suspected to contain stolen property, forged documents, etc.
95. Power to declare certain publications forfeited and to issue search-warrants for the same.
96. Application to High Court to set aside declaration of forfeiture.
97. Search for persons wrongfully confined.
98. Power to compel restoration of abducted females.
C.–General provisions relating to searches
99. Direction, etc., of search-warrants.
100. Persons in charge of closed place to allow search.
101. Disposal of things found in search beyond jurisdiction.
D.–Miscellaneous
102. Power of police officer to seize certain property.
103. Magistrate may direct search in his presence.
104. Power to impound document, etc., produced.
105. Reciprocal arrangements regarding processes.
CHAPTER VIIA
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
ATTACHMENT AND FORFEITURE OF PROPERTY
105A. Definitions.
105B. Assistance in securing transfer of persons.
4
________
ARRANGEMENT OF SECTIONS
________
CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Construction of references.
4. Trial of offences under the Indian Penal Code and other laws.
5. Saving.
CHAPTER II
CONSTITUTION OF CRIMINAL COURTS AND OFFICES
6. Classes of Criminal Courts.
7. Territorial divisions.
8. Metropolitan areas.
9. Court of Session.
10. Subordination of Assistant Sessions Judges.
11. Courts of Judicial Magistrates.
12. Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc.
13. Special Judicial Magistrates.
14. Local jurisdiction of Judicial Magistrates.
15. Subordination of Judicial Magistrates.
16. Courts of Metropolitan Magistrates.
17. Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrate.
18. Special Metropolitan Magistrates.
19. Subordination of Metropolitan Magistrates.
20. Executive Magistrates.
21. Special Executive Magistrates.
22. Local Jurisdiction of Executive Magistrates.
23. Subordination of Executive Magistrates.
24. Public Prosecutors.
25. Assistant Public Prosecutors.
25A. Directorate of Prosecution.
CHAPTER III
POWER OF COURTS
26. Courts by which offences are triable.
27. Jurisdiction in the case of juveniles.
1
,SECTIONS
28. Sentences which High Courts and Sessions Judges may pass.
29. Sentences which Magistrates may pass.
30. Sentence of imprisonment in default of fine.
31. Sentence in cases of conviction of several offences at one trial.
32. Mode of conferring powers.
33. Powers of officers appointed.
34. Withdrawal of powers.
35. Powers of Judges and Magistrates exercisable by their successors-in-office.
CHAPTER IV
A.–POWERS OF SUPERIOR OFFICERS OF POLICE
36. Powers of superior officers of police.
B.–AID TO THE MAGISTRATES AND THE POLICE
37. Public when to assist Magistrates and police.
38. Aid to person, other than police officer, executing warrant.
39. Public to give information of certain offences.
40. Duty of officers employed, in connection with the affairs of a village to make certain report.
CHAPTER V
ARREST OF PERSONS
41. When police may arrest without warrant.
41A. Notice of appearance before police officer.
41B. Procedure of arrest and duties of officer making arrest.
41C. Control room at districts.
41D. Right of arrested person to meet an advocate of his choice during interrogation.
42. Arrest on refusal to give name and residence.
43. Arrest by private person and procedure on such arrest.
44. Arrest by Magistrate.
45. Protection of members of the Armed Forces from arrest.
46. Arrest how made.
47. Search of place entered by person sought to be arrested.
48. Pursuit of offenders into other jurisdictions.
49. No unnecessary restraint.
50. Person arrested to be informed of grounds of arrest and of right to bail.
50A. Obligation of person making arrest to inform about the arrest, etc., to a nominated person.
51. Search of arrested person.
2
,SECTIONS
52. Power to seize offensive weapons.
53. Examination of accused by medical practitioner at the request of police officer.
53A. Examination of person accused of rape by medical practitioner.
54. Examination of arrested person by medical officer.
54A. Identification of person arrested.
55. Procedure when police officer deputes subordinate to arrest without warrant.
55A. Health and safety of arrested person.
56. Person arrested to be taken before Magistrate or officer in charge of police station.
57. Person arrested not to be detained more than twenty-four hours.
58. Police to report apprehensions.
59. Discharge of person apprehended.
60. Power, on escape, to pursue and retake.
60A. Arrest to be made strictly according to the Code.
CHAPTER VI
PROCESSES TO COMPEL APPEARANCE
A.–Summons
61. Form of summons.
62. Summons how served.
63. Service of summons on corporate bodies and societies.
64. Service when persons summoned cannot be found.
65. Procedure when service cannot be effected as before provided.
66. Service on Government servant.
67. Service of summons outside local limits.
68. Proof of service in such cases and when serving officer not present.
69. Service of summons on witness by post.
B.–Warrant of arrest
70. Form of warrant of arrest and duration.
71. Power to direct security to be taken.
72. Warrants to whom directed.
73. Warrant may be directed to any person.
74. Warrant directed to police officer.
75. Notification of substance of warrant.
76. Person arrested to be brought before Court without delay.
77. Where warrant may be executed.
78. Warrant forwarded for execution outside jurisdiction.
79. Warrant directed to police officer for execution outside jurisdiction.
80. Procedure on arrest of person against whom warrant issued.
3
, SECTIONS
81. Procedure by Magistrate before whom such person arrested is brought
C.–Proclamation and attachment
82. Proclamation for person absconding.
83. Attachment of property of person absconding.
84. Claims and objections to attachment.
85. Release, sale and restoration of attached property.
86. Appeal from order rejecting application for restoration of attached property.
D.–Other rules regarding processes
87. Issue of warrant in lieu of, or in addition to, summons.
88. Power to take bond for appearance.
89. Arrest on breach of bond for appearance.
90. Provisions of this Chapter generally applicable to summonses and warrants of arrest.
CHAPTER VII
PROCESSES TO COMPEL THE PRODUCTION OF THINGS
A.–Summons to produce
91. Summons to produce document or other thing.
92. Procedure as to letters and telegrams.
B.–Search-warrants
93. When search-warrant may be issued.
94. Search of place suspected to contain stolen property, forged documents, etc.
95. Power to declare certain publications forfeited and to issue search-warrants for the same.
96. Application to High Court to set aside declaration of forfeiture.
97. Search for persons wrongfully confined.
98. Power to compel restoration of abducted females.
C.–General provisions relating to searches
99. Direction, etc., of search-warrants.
100. Persons in charge of closed place to allow search.
101. Disposal of things found in search beyond jurisdiction.
D.–Miscellaneous
102. Power of police officer to seize certain property.
103. Magistrate may direct search in his presence.
104. Power to impound document, etc., produced.
105. Reciprocal arrangements regarding processes.
CHAPTER VIIA
RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR
ATTACHMENT AND FORFEITURE OF PROPERTY
105A. Definitions.
105B. Assistance in securing transfer of persons.
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