Code of Criminal Procedure Act, 1973

NO.2 OF 1974

Contents
Sections	Particulars
Chapter I	Preliminary
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 Magistrates
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
Chapter III	Power of Courts
26	Courts by which offences are triable
27	Jurisdiction in the case of juveniles
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	Powers of Superior Officers of Police
36	Powers of superior officers of 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
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
51	Search of arrested person
52	Power to seize offensive weapons
53	Examination of accused by medical practitioner at the request of police officer
54	Examination of arrested person by medical practitioner at the request of the arrested person
55	Procedure when police officer deputes subordinate to arrest without warrant
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
Chapter VI	Processes to Compel Appearance
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
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
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
81	Procedure by Magistrate before whom such person arrested is brought
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
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
	Reciprocal Arrangements for Assistance in Certain Matters and Procedure for Attachment and Forfeiture of Property
Chapter VIII	Security for Keeping The Peace and for Good Behaviour
106	Security for keeping the peace on conviction
107	Security for keeping the peace in other cases
108	Security for good behaviour from persons disseminating seditious matters
109	Security for good behaviour from suspected persons
110	Security for good behaviour from habitual offenders
111	Order to be made
112	Procedure in respect of person present in Court
113	Summons or warrant in case of person not so present
114	Copy of order to accompany summons or warrant
115	Power to dispense with personal attendance
116	Inquiry as to truth of information
117	Order to give security
118	Discharge of person informed against
119	Commencement of period for which security is required
120	Contents of bond
121	Power to reject sureties
122	Imprisonment in default of security
123	Power to release persons imprisoned for failing to give security
124	Security for unexpired period of bond
Chapter IX	Order for Maintenance of Wives, Children and Parents
125	Order for maintenance of wives, children and parents
126	Procedure
127	Alteration in allowance
128	Enforcement of order of maintenance
Chapter X	Maintenance of Public Order and Tranquillity
A.	Unlawful assemblies
129	Dispersal of assembly by use of civil force
130	Use of armed forces to disperse assembly
131	Power of certain armed force officers to disperse assembly
132	Protection against prosecution for acts done under preceding sections
B.	Public nuisances
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	Consequences of his failing to do so
137	Procedure where existence of public right is denied
138	Procedure where he appears to show cause
139	Power of Magistrate to direct local investigation and examination of an expert
140	Power of Magistrate to furnish written instructions, etc
141	Procedure on order being made absolute and consequences of disobedience
142	Injunction pending inquiry
143	Magistrate may prohibit repetition or continuance of public nuisance
C.	Urgent cases of nuisance or apprehended danger
144	Power to issue order in urgent cases of nuisance or apprehended danger
D.	Disputes as to immovable property
145	Procedure where dispute concerning land or water is likely to cause breach of peace
146	Power to attach subject of dispute and to appoint receiver
147	Dispute concerning right of use of land or water
148	Local inquiry
Chapter XI	Preventive Action of The Police
149	Police to prevent cognizable offences
150	Information of design to commit cognizable offences
151	Arrest to prevent the commission of cognizable offences
152	Prevention of injury to public property
153	Inspection of weights and measures
Chapter XII	Information to The Police and Their Powers to Investigate
154	Information in cognizable cases
155	Information as to non-cognizable cases and investigation of such cases
156	Police officer’s power to investigate cognizable case
157	Procedure for investigation
158	Report 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 statements in evidence
163	No inducement to be offered
164	Recording of confessions and statements
165	Search by police officer
166	When officer in charge of police station may require another to issue search-warrant
167	Procedure when investigation cannot be completed in twentyfour hours
168	Report of investigation by subordinate police officer
169	Release of accused when evidence deficient
170	Cases to be sent to Magistrate, when evidence is sufficient
171	Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
172	Diary of proceedings in investigation
173	Report of police officer on completion of investigation
174	Police to enquire and report on suicide, etc
175	Power to summon persons
176	Inquiry by Magistrate into cause of death
Chapter XIII	Jurisdiction of The Criminal Courts in Inquiries and Trials
177	Ordinary place of inquiry and trial
178	Place of inquiry or trial
179	Offence triable where act is done or consequence ensues
180	Place of trial where act is an offence by reason of relation to other offence
181	Place of trial in case of certain offences
182	Offences committed by letters, etc
183	Offence committed on journey or voyage
184	Place of trial for offences triable together.- Where
185	Power to order cases to be tried in different sessions divisions
186	High Court to decide, in case of doubt, district where inquiry or trial shall take place
187	Power to issue summons or warrant for offence committed beyond local jurisdiction
188	Offence committed outside India
189	Receipt of evidence relating to offences committed outside India
Chapter XIV	Conditions Requisite for Initiation of Proceeding
190	Cognizance of offences by Magistrates
191	Transfer on application of the accused
192	Making over of cases to Magistrates
193	Cognizance of offences by Courts of Session
194	Additional and Assistant Sessions Judges to try cases made over to them
195	Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence
196	Prosecution for offences against the State and for criminal conspiracy to commit such offence
197	Prosecution of Judges and public servants
198	Prosecution for offences against marriage
199	Prosecution for defamation
Chapter XV	Complaints to Magistrates
200	Examination of complainant
201	Procedure by Magistrate not competent to take cognizance of the case
202	Postponement of issue of process
203	Dismissal of complaint
Chapter XVI	Commencement of Proceedings before Magistrates
204	Issue of process
205	Magistrate may dispense with personal attendance of accused
206	Special summons in cases of petty offence
207	Supply to the accused of copy of police report and other documents
208	Supply of copies of statements and documents to accused in other cases triable by Court of Session
209	Commitment of case to Court of Session when offence is triable exclusively by it
210	Procedure to be followed when there is a complaint case and police investigation in respect of the same offence
Chapter XVII	The Charge
211	Contents of charge
212	Particulars as to time, place and person
213	When manner of committing offence must be stated
214	Words in charge taken in sense of law under which offence is punishable
215	Effect of errors
216	Court may alter charge
217	Recall of witnesses when charge altered
218	Separate charges for distinct offences
219	Three offences of same kind within year may be charged together
220	Trial for more than one offence
221	Trial for more than one offence-1
222	When offence proved included in offence charged
223	What persons may be charged jointly
224	Withdrawal of remaining charges on conviction on one of several charges
Chapter XVIII	Trial Before a Court of Session
225	Trial to be conducted by Public Prosecutor
226	Opening case for prosecution
227	Discharge
228	Framing of charge
229	Conviction on plea of guilty
230	Date for prosecution evidence
231	Evidence for prosecution
232	Acquittal
233	Entering upon defence
234	Arguments
235	Judgment of acquittal of conviction
236	Previous conviction
237	Procedure in cases instituted under section 199(2)
Chapter XIX	Trial of Warrant-Cases by Magistrates
238	Compliance with section 207
239	When accused shall be discharged
240	Framing of charge
241	Conviction on plea of guilty
242	Evidence for prosecution
243	Evidence for defence
244	Evidence for prosecution
245	When accused shall be discharged
246	Procedure where accused is not discharged
247	Evidence for defence
248	Acquittal or conviction
249	Absence of complainant
250	Compensation for accusation without reasonable cause
Chapter XX	Trial of Summons-Cases by Magistrates
251	Substance of accusation to be stated
252	Conviction on plea of guilty
253	Conviction on plea of guilty in absence of accused in petty cases
254	Procedure when not convicted
255	Acquittal or conviction
256	Non-appearance or death of complainant
257	Withdrawal of complaint
258	Power to stop proceedings in certain cases
259	Power of Court to convert summons-cases into warrant-cases
Chapter XXI	Summary Trials
260	Power to try summarily
261	Summary trial by Magistrate of the second class
262	Procedure for summary trials
263	Record in summary trials
264	Judgment in cases tried summarily
265	Language of record and judgment
Chapter XXII	Attendance of Persons Confined or Detained in Prisons
266	Definitions
267	Power to require attendance of prisoners
268	Power of State Government to exclude certain persons from operation of section 267
269	Officer in charge of prison to abstain from carrying out order in certain contingencies
270	Prisoner to be brought to Court in custody
271	Power to issue commission for examination of witness in prison
Chapter XXIII	Evidence in Inquiries and Trials
272	Language of Courts
273	Evidence to be taken in presence of accused
274	Record in summons cases and inquiries
275	Record in warrant-cases
276	Record in trial before Court of Session
277	Language of record of evidence
278	Procedure in regard to such evidence when completed
279	Interpretation of evidence to accused or his pleader
280	Remarks respecting demeanour of witness
281	Record of examination of accused
282	Interpreter to be bound to interpret truthfully
283	Record in High Court
284	When attendance of witness may be dispensed with and commission issued
285	Commission to whom to be issued
286	Execution of commissions
287	Parties may examine witnesses
288	Return of commission
289	Adjournment of proceeding
290	Execution of foreign commissions
291	Deposition of medical witness
292	Evidence of the officers of the Mint
293	Reports of certain Government scientific experts
294	No formal proof of certain documents
295	Affidavit in proof of conduct of public servant
296	Evidence of formal character on affidavit
297	Authorities before whom affidavits may be sworn
298	Previous conviction or acquittal how proved
299	Record of evidence in absence of accused
Chapter XXIV	General Provisions as to Inquiries and Trials
300	Person once convicted or acquitted not to be tried for same offence
301	Appearance by Public Prosecutors
302	Permission to conduct prosecution
303	Right of person against whom proceedings are instituted to be defended
304	Legal aid to accused at State expense in certain cases
305	Procedure when corporation or registered society is an accused
306	Tender of pardon to accomplice
307	Power to direct tender of pardon
308	Trial of person not complying with conditions of pardon
309	Power to postpone or adjourn proceedings
310	Local inspection
311	Power to summon material witness, or examine person present
312	Expenses of complainants and witnesses
313	Power to examine the accused
314	Oral arguments and memorandum of arguments
315	Accused person to be competent witness
316	No influence to be used to induce disclosure
317	Provision for inquiries and trial being held in the absence of accused in certain cases
318	Procedure where accused does not understand proceedings
319	Power to proceed against other persons appearing to be guilty of offence
320	Compounding of offences
321	Withdrawal from prosecution
322	Procedure in cases which Magistrate cannot dispose
323	Procedure when, after commencement of inquiry or trial, Magistrate finds case should be committed
324	Trial of persons previously convicted of offences against coinage, stamp-law or property
325	Procedure when Magistrate cannot pass sentence sufficiently severe
326	Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
327	Court to be open
Chapter XXV	Provisions as to Accused Persons of Unsound Mind
328	Procedure in case of accused being lunatic
329	Procedure in case of person of unsound mind tried before Court
330	Release of lunatic pending investigation or trial
331	Resumption of inquiry or trial
332	Procedure on accused appearing before Magistrate or Court
333	When accused appears to have been of sound mind
334	Judgment of acquittal on ground of unsoundness of mind
335	Person acquitted on such ground to be detained in safe custody
336	Power of State Government to empower officer in charge to discharge
337	Procedure where lunatic prisoner is reported capable of making his defence
338	Procedure where lunatic detained is declared fit to be released
339	Delivery of lunatic to care of relative or friend
Chapter XXVI	Provisions as to Offences Affecting The Administration of Justice
340	Procedure in cases mentioned in section 195
341	Appeal
342	Power to order costs
343	Procedure of Magistrate taking cognizance
344	Summary procedure for trial for giving false evidence
345	Procedure in certain cases of contempt
346	Procedure where Court considers that case should not be dealt with under section 345
347	When Registrar or Sub-Registrar to be deemed a Civil Court
348	Discharge of offender on submission of apology
349	Imprisonment or committal of person refusing to answer or produce document
350	Summary procedure for punishment for non-attendance by a witness in obedience to summons
351	Appeals from convictions under sections 344, 345, 349 and 350
352	Certain Judges and Magistrates not to try certain offences when committed before themselves
Chapter XXVII	The Judgment
353	Judgment
354	Language and contents of judgment
355	Metropolitan Magistrates judgment
356	Order for notifying address of previously convicted offender
357	Order to pay compensation
358	Compensation to persons groundlessly arrested
359	Order to pay costs in non-cognizable cases
360	Order to release on probation of good conduct or after admonition
361	Special reasons to be recorded in certain cases.- Where in any case the Court could have dealt with
362	Court not to alter judgment
363	Copy of judgment to be given to the accused and other persons
364	Judgment when to be translated
365	Court of Session to send copy of finding and sentence to District Magistrate
Chapter XXVIII	Submission of Death Sentences for Confirmation
366	Sentence of death to be submitted by Court of Session for confirmation
367	Power to direct further inquiry to be made or additional evidence to be taken
368	Power of High Court to confirm sentence or annul conviction
369	Confirmation or new sentence to be signed by two Judges
370	Procedure in case of difference of opinion
371	Procedure in cases submitted to High Court for confirmation
Chapter XXIX	Appeals
372	No appeals to lie unless otherwise provided
373	Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
374	Appeals from convictions
375	No appeal in certain cases when accused pleads guilty
376	No appeal in petty cases
377	Appeal by the State Government against sentence
378	Appeal in case of acquittal
379	Appeal against conviction by High Court in certain cases
380	Special right of appeal in certain cases
381	Appeal to Court of Session how heard
382	Petition of appeal
383	Procedure when appellant in jail
384	Summary dismissal of appeal
385	Procedure for hearing appeals not dismissed summarily
386	Powers of the Appellate Court
387	Judgments of subordinate Appellate Court
388	Order of High Court on appeal to be certified to lower Court
389	Suspension of sentence pending the appeal; release of appellant on bail
390	Arrest of accused in appeal from acquittal
391	Appellate Court may take further evidence or direct it to be taken
392	Procedure where Judges of Court of Appeal are equally divided
393	Finality of judgments and orders on appeal
394	Abatement of appeal
Chapter XXX	Reference and Revision
395	Reference to High Court
396	Disposal of case according to decision of High Court
397	Calling for records to exercise powers of revision
398	Power to order inquiry
399	Sessions Judges powers of revision
400	Power of Additional Sessions Judge
401	High Courts powers of revision
402	Power of High Court to withdraw or transfer revision cases
403	Option of Court to hear parties
404	Statement by Metropolitan Magistrate of grounds of his decision to be considered by High Court
405	High Courts order to be certified to lower Court
Chapter XXXI	Transfer of Criminal Cases
406	Power to Supreme Court to transfer cases and appeals
407	Power of High Court to transfer cases and appeals
408	Power of Sessions Judge to transfer cases and appeals
409	Withdrawal of cases and appeals by Sessions Judges
410	Withdrawal of cases by Judicial Magistrates
411	Making over or withdrawal of cases by Executive Magistrates
412	Reasons to be recorded
Chapter XXXII	Execution, Suspension, Remission and Commutation of Sentences
413	Execution of order passed under section 368
414	Execution of sentence of death passed by High Court
415	Postponement of execution of sentence of death in case of appeal to Supreme Court
416	Postponement of capital sentence on pregnant woman
417	Power to appoint place of imprisonment
418	Execution of sentence of imprisonment
419	Direction of warrant for execution
420	Warrant with whom to be lodged
427	Sentence on offender already sentenced for another offence
428	Period of detention undergone by the accused to be set off against the sentence of imprisonment
429	Saving
430	Return of warrant on execution of sentence
431	Money ordered to be paid recoverable as a fine
432	Power to suspend or remit sentences
433	Power to commute sentence
434	Concurrent power of Central Government in case of death sentences
435	State Government to act after consultation with Central Government in certain cases
Chapter XXXIII	Provisions as to Bail and Bonds
436	In what cases bail to be taken
437	When bail may be taken in case of non-bailable offence
438	Direction for grant of bail to person apprehending arrest
440	Amount of bond and reduction thereof
441	Bond of accused and sureties
442	Discharge from custody
443	Power to order sufficient bail when that first taken in insufficient
444	Discharge of sureties
445	Deposit instead of recognizance
446	Procedure when bond has been forfeited
447	Procedure in case of insolvency or death of surety or when a bond is forfeited
448	Bond required from minor
449	Appeal from orders under section 446
450	Power to direct levy of amount due on certain recognizances
Chapter XXXIV	Disposal of Property
451	Order for custody and disposal of property pending trial in certain cases
452	Order for disposal of property at conclusion of trial
453	Payment to innocent purchaser of money found on accused
454	Appeal against orders under section 452 or section 453
455	Destruction of libellous and other matter
456	Power to restore possession of immovable property
457	Procedure by Police upon seizure of property
458	Procedure where no claimant appears within six months
459	Power to sell perishable property
Chapter XXXV	Irregular Proceedings
460	Irregularities which do not vitiate proceedings
461	Irregularities which vitiate proceedings
462	Proceedings in wrong place
463	Non-compliance with provisions of section 164 or section 281
464	Effect of omission to frame, or absence of, or error in, charge
465	Finding or sentence when reversible by reason of error, omission or irregularity
466	Defect or error not to make attachment unlawful
Chapter XXXVI	Limitation for Taking Cognizance of Certain Offences
467	Definitions
468	Bar to taking cognizance after lapse of the period of limitation
469	Commencement of the period of limitation
470	Exclusion of time in certain cases
471	Exclusion of date on which Court is closed
472	Continuing offence
473	Extension of period of limitation in certain cases
Chapter XXXVII	Miscellaneous
474	Trials before High Courts
475	Delivery to commanding officers of persons liable to be tried by Court-martial
476	Forms
477	Power of High Court to make rules
478	Power to alter functions allocated to judicial and Executive Magistrates in certain cases
479	Case in which Judge or Magistrate is personally interested
480	Practising pleader not to sit as Magistrate in certain Courts
481	Public servant concerned in sale not to purchase or bid for property
482	Saving of inherent powers of High Court
483	Duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates
484	Repeal and savings
	The First Schedule
	The Second Schedule

[25th January, 1974 .]

An Act to consolidate and amend the law relating to Criminal Procedure

Comment: This is the basic law of procedure prescribed for criminal law in India.

BE it enacted by Parliament in the Twenty-fourth Year of the Republic of India as follows:-