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THE CODE OF CRIMINAL PROCEDURE, 1973

ACT NO. 2 OF 1974 · Enacted [25th January, 1974.] · 535 sections

PRELIMINARY

CONSTITUTION OF CRIMINAL COURTS AND OFFICES

POWER OF COURTS

A.–POWERS OF SUPERIOR OFFICERS OF POLICE

B.–AID TO THE MAGISTRATES AND THE POLICE

ARREST OF PERSONS

Section 41.When police may arrest without warrant.
Section 41A.Notice of appearance before police officer.
Section 41B.Procedure of arrest and duties of officer making arrest.
Section 41C.Control room at districts.
Section 41D.Right of arrested person to meet an advocate of his choice during interrogation.
Section 42.Arrest on refusal to give name and residence.
Section 43.Arrest by private person and procedure on such arrest.
Section 44.Arrest by Magistrate.
Section 45.Protection of members of the Armed Forces from arrest.
Section 46.Arrest how made.
Section 47.Search of place entered by person sought to be arrested.
Section 48.Pursuit of offenders into other jurisdictions.
Section 49.No unnecessary restraint.
Section 50.Person arrested to be informed of grounds of arrest and of right to bail.
Section 50A.Obligation of person making arrest to inform about the arrest, etc., to a nominated person.
Section 51.Search of arrested person.
Section 52.Power to seize offensive weapons.
Section 53.Examination of accused by medical practitioner at the request of police officer.
Section 53A.Examination of person accused of rape by medical practitioner.
Section 54.Examination of arrested person by medical officer.
Section 54A.Identification of person arrested.
Section 55.Procedure when police officer deputes subordinate to arrest without warrant.
Section 55A.Health and safety of arrested person.
Section 56.Person arrested to be taken before Magistrate or officer in charge of police station.
Section 57.Person arrested not to be detained more than twenty-four hours.
Section 58.Police to report apprehensions.
Section 59.Discharge of person apprehended.
Section 60.Power, on escape, to pursue and retake.
Section 60A.Arrest to be made strictly according to the Code.

PROCESSES TO COMPEL APPEARANCE — A.–Summons

PROCESSES TO COMPEL APPEARANCE — B.–Warrant of arrest

PROCESSES TO COMPEL APPEARANCE — C.–Proclamation and attachment

PROCESSES TO COMPEL APPEARANCE — D.–Other rules regarding processes

PROCESSES TO COMPEL THE PRODUCTION OF THINGS — A.–Summons to produce

PROCESSES TO COMPEL THE PRODUCTION OF THINGS — B.–Search-warrants

PROCESSES TO COMPEL THE PRODUCTION OF THINGS — C.–General provisions relating to searches

PROCESSES TO COMPEL THE PRODUCTION OF THINGS — D.–Miscellaneous

RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY

SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

ORDER FOR MAINTENANCE OF WIVES, CHILDREN AND PARENTS

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — A.–Unlawful assemblies

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — B.–Public nuisances

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — C.–Urgent cases of nuisance or apprehended danger

MAINTENANCE OF PUBLIC ORDER AND TRANQUILLITY — D.–Disputes as to immovable property

PREVENTIVE ACTION OF THE POLICE

INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

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

JURISDICTION OF THE CRIMINAL COURTS IN INQUIRIES AND TRIALS

CONDITIONS REQUISITE FOR INITIATION OF PROCEEDINGS

COMPLAINTS TO MAGISTRATES

COMMENCEMENT OF PROCEEDINGS BEFORE MAGISTRATES

THE CHARGE — A.–Form of charges

THE CHARGE — B.–Joinder of charges

TRIAL BEFORE A COURT OF SESSION

TRIAL OF WARRANT-CASES BY MAGISTRATES — A.–Cases instituted on a police report

TRIAL OF WARRANT-CASES BY MAGISTRATES — B.–Cases instituted otherwise than on police report

TRIAL OF WARRANT-CASES BY MAGISTRATES — C.–Conclusion of trial

TRIAL OF SUMMONS-CASES BY MAGISTRATES

SUMMARY TRIALS

PLEA BARGAINING

ATTENDANCE OF PERSONS CONFINED OR DETAINED IN PRISONS

EVIDENCE IN INQUIRIES AND TRIALS — A.–Mode of taking and recording evidence

EVIDENCE IN INQUIRIES AND TRIALS — B.–Commissions for the examination of witnesses

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Section 300.Person once convicted or acquitted not to be tried for same offence.
Section 301.Appearance by Public Prosecutors.
Section 302.Permission to conduct prosecution.
Section 303.Right of person against whom proceedings are instituted to be defended.
Section 304.Legal aid to accused at State expense in certain cases.
Section 305.Procedure when corporation or registered society is an accused.
Section 306.Tender of pardon to accomplice.
Section 307.Power to direct tender of pardon.
Section 308.Trial of person not complying with conditions of pardon.
Section 309.Power to postpone or adjourn proceedings.
Section 310.Local inspection.
Section 311.Power to summon material witness, or examine person present.
Section 311A.Power of Magistrate to order person to give specimen signatures or handwriting.
Section 312.Expenses of complainants and witnesses.
Section 313.Power to examine the accused.
Section 314.Oral arguments and memorandum of arguments.
Section 315.Accused person to be competent witness.
Section 316.No influence to be used to induce disclosure.
Section 317.Provision for inquiries and trial being held in the absence of accused in certain cases.
Section 318.Procedure where accused does not understand proceedings.
Section 319.Power to proceed against other persons appearing to be guilty of offence.
Section 320.Compounding of offences.
Section 321.Withdrawal from prosecution.
Section 322.Procedure in cases which Magistrate cannot dispose of.
Section 323.Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed.
Section 324.Trial of persons previously convicted of offences against coinage, stamp-law or property.
Section 325.Procedure when Magistrate cannot pass sentence sufficiently severe.
Section 326.Conviction or commitment on evidence partly recorded by one Magistrate and partly by another.
Section 327.Court to be open.

PROVISIONS AS TO ACCUSED PERSONS OF UNSOUND MIND

PROVISIONS AS TO OFFENCES AFFECTING THE ADMINISTRATION OF JUSTICE

THE JUDGMENT

SUBMISSION OF DEATH SENTENCES FOR CONFIRMATION

APPEALS

REFERENCE AND REVISION

TRANSFER OF CRIMINAL CASES

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES — A.–Death Sentences

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES — B.–Imprisonment

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES — C.–Levy of fine

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES — D.–General provisions regarding execution

EXECUTION, SUSPENSION, REMISSION AND COMMUTATION OF SENTENCES — E.–Suspension, remission and commutation of sentences

PROVISIONS AS TO BAIL AND BONDS

DISPOSAL OF PROPERTY

IRREGULAR PROCEEDINGS

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

MISCELLANEOUS